city of independence

81
City of Independence Agenda City Council Meeting Tuesday, April 14, 2020 @ 6:30 PM Civic Center - Council Chambers Page 1. CALL TO ORDER PLEASE NOTE: The City Council meeting will be conducted electronically, and a recording of the proceedings will later be posted online. To attend/view the meeting, chairs have been provided inside city hall observing Oregon Health Authority social distancing recommendations; the area will be limited to no more than 10 persons. A device will be provided for audience members to present oral comments. Submitting comments in advance is preferable; please send any comments or testimony via email to [email protected] no later than 5:00 pm, Tuesday, April 14, 2020. 2. ROLL CALL 3. MINUTES 3.1. Regular Meeting March 24, 2020 3 - 9 4. VISITORS / PUBLIC COMMENTS 4.1. Mayor 4.1.1. Arbor Day Proclamation 4.2. City Manager 5. REPORTS / PRESENTATIONS 6. UNFINISHED BUSINESS 6.1. Cherriotts Bus Stop Parking (Staff: Cottam) Council Action Memo Cherriots Presentation 11 - 18 7. NEW BUSINESS 7.1. OLCC Hearing: Tap Station (Staff: Hedlund) Council Action Memo Tap Station OLCC application 19 - 24 7.2. Contract Approval: AXON Services (Staff: Mason) Council Action Memo AXON Proposal 25 - 37 Page 1 of 81

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Page 1: City of Independence

City of Independence

Agenda

City Council Meeting

Tuesday April 14 2020 630 PM

Civic Center - Council Chambers

Page

1 CALL TO ORDER

PLEASE NOTE The City Council meeting will be conducted electronically and a recording of the proceedings will later be posted online To attendview the meeting chairs have been provided inside city hall observing Oregon Health Authority social distancing recommendations the area will be limited to no more than 10 persons A device will be provided for audience members to present oral comments

Submitting comments in advance is preferable please send any comments or testimony via email to kjohnsonciindependenceorus no later than 500 pm Tuesday April 14 2020

2 ROLL CALL

3 MINUTES

31 Regular Meeting

March 24 2020

3 - 9

4 VISITORS PUBLIC COMMENTS

41 Mayor

411 Arbor Day Proclamation

42 City Manager

5 REPORTS PRESENTATIONS

6 UNFINISHED BUSINESS

61 Cherriotts Bus Stop Parking (Staff Cottam)

Council Action Memo

Cherriots Presentation

11 - 18

7 NEW BUSINESS

71 OLCC Hearing Tap Station (Staff Hedlund)

Council Action Memo

Tap Station OLCC application

19 - 24

72 Contract Approval AXON Services (Staff Mason)

Council Action Memo

AXON Proposal

25 - 37

Page 1 of 81

73 Resolution 20-1526 Authorizing USDA Grant Application

(Staff Irvine) Council Action Memo

Resolution 20-1526

39 - 42

74 InterGovernmental Agreement Mid-Willamette Valley Homeless

Alliance Continuum of Care (Staff Pessemier)

Update Council Action Memo added Council Action Memo

Interim IGA

COG Scope of Work

MWHA Governance Charter

43 - 80

8 COUNCIL ANNOUNCEMENTS

9 GENERAL INFORMATION

91 Pending Agenda Calendar

04-09-2020

81

10 ADJOURN

Page 2 of 81

Page 1 of 7 City Council Minutes 03-24-2020

City of IndependenceCity Council Meeting

Tuesday March 24 2020 Minutes

1

PLEASE NOTE The Mayor and City Councilors will be attending the meeting via teleconference The Chambers will be open for public comment The city asks that attendees use Oregon Health Authority social distancing recommendations and the room will be limited to no more than 25 persons

CALL TO ORDER The meeting was called to order at 630 pm by Mayor John McArdle

2 ROLL CALL

Council Chambers Remote

Elected Officials Present Mayor McArdle Shannon Corr

Kathy Martin-WillisMarilyn Morton Jennifer Ranstrom-SmithTom Takacs

City Staff Present Tom Pessemier City Manager Gloria Butsch Finance DirectorKarin Johnson City Recorder Kie Cottam Public Works DirectorJason Kistler IT Manager Fred Evander Senior Planner

Shawn Irvine Econ Devel DirectorRobert Mason Chief of Police

AbsentCouncilor Michael Hicks (excused)

3 MINUTES The minutes of the March 10 2020 Regular Meeting and the March 14 2020 Special Meeting were submitted in the agenda packet

ACTIONCouncilor Morton moved to approve the minutes of March 10 2020 and March 14 2020 as submitted Councilor Martin-Willis seconded Motion passed 5-0-0 AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

Page 3 of 81

Page 2 of 7 City Council Minutes 03-24-2020

4 VISITORSPUBLIC COMMENTS41 Anne Scheck Here representing Trammart News and Publishing regarding feedback received

With all the discussion regarding city debt water bills regarding MINET many are appreciating MINET in our time of need

Many are asking that utility billing mailings contain reassurances regarding water supply

Regarding the library parents are asking if they are able to check out or have access to books

In Riverview Park and the Library parking lot there is WiFi does the stay at home order include a ban to going there Is there a request to stay in a car or be in a particular area

Could the City Facebook page have updates regarding upcoming events such as Touch-A-Truck are posted

She thanked the city for organizing this so citizens can tune in to listen perhaps make available on the city Facebook site on how to do this City Manager Pessemier noted that the Governorrsquos order covers some portions of the park people can drive to the park and the library parking lot ndash free WiFi is there and has been available for some time

5 REPORTSPRESENTATIONS51 Mayor McArdle

We are facing big challenges ndash challenges that most of us have never dealt with before Many people are worried and have legitimate questions He understands ndash he has his own concerns He is also confident because of the people in our community and our great staff that are doing everything they can to provide the safest quality of life for us

He is honored to be working with Mayor Cec Koontz Fire Chief Ben Stange Superintendent Jennifer Kubista WOU President Rex Fuller and Representative Paul Evans ndash all working to provide service - working to provide for our communities provide information and focused on keeping everyone safe

He has two requests ndash we want to keep people safe Need to do social distancing Everyone is to take personal responsibility we donrsquot have to try to fix things in Portland in Washington DC ndash he is asking us to impact the people you know and touch Help to set a new community standard that we will have social distancing ndash this is important for our seniors those with compromised immune systems cancer victims and our youngest residents who have little or no immune system We all need to do what we can to keep them safe So he is asking everyone to do two things

1 Take personal responsibility that this is the new standard ndash maintain social distancing in the store and any time there are people around you Parents talk to your kids young people talk to your friends Make this the new expectation of being a good neighbor in our community - social distancing is a way to keep safe

2 Reach out to neighbors family friends People donrsquot like having to be inside Take some time call gramma grandpa Call folks that you know that arenrsquot able to get out Call your mom parents call your kids Call your friends Make sure they donrsquot feel

Page 4 of 81

Page 3 of 7 City Council Minutes 03-24-2020

alone This is a time when we will define our community state and nation this is a new time and how we deal with this makes a huge difference

He is confident that we will overcome this ndash things will get better it may take weeks or months but it will happen Please do your part to make our community a safe place and a healthy place because we are going to come back on the other side of this because we live in Independence and good things are going to happen here

52 City Manager He noted that we are not broadcasting live we donrsquot want to overwhelm our systems We do not have expensive broadcasting routers and such that could handle this for now we are recording the meeting and will post it online We are looking for live stream options at future meetings

We know that many small businesses are barely holding on residents are living paycheck to paycheck and perhaps no paycheck in the immediate future We know we will have to change our policies to help our residents through these unprecedented times Wants people to know that this Council and the city cares about its residents and we are doing what we can to work through this challenging time together Together we will get through this and Independence will remain an amazing place to live work and play

Managerrsquos report On Saturday March 14th only ten days ago we had special meeting went

through the Vision 2040 statements It was a great exercise and it puts the finishing touches on the plan with some great ideas for moving forward Couldnrsquot do the priorities setting afterward he appreciates council indulgence so that he could spend time with management staff to meet regarding our Covid-19 response

Working 7 daysweek regarding city operations We are in a good place with all employees working and have modified nearly every operational procedure

We continue taking the lead from Centers for Disease Control Oregon Health Authority and the Oregon Governor and we are staying in our lane supporting our community and the residents we serve

Status of city facilities City hall is closed to the public as of tomorrow Staff is available via

telephone or online A drop box will be placed in the lobby for residents Police dept visitors by appointment only Any non-emergency calls will be

taken over the phone Municipal court arraignments are canceled to May The library is closed to the public The museum is closed The boaterbiker campground is closed Playgrounds are closed Signs have been put up signs to remind all to use social distancing in all

parks All events are closed at city hall The building department is working doing as much digitally as we can we

are looking at ways to do inspections etc

Page 5 of 81

Page 4 of 7 City Council Minutes 03-24-2020

Employees are taking many precautions social distancing is observed and a policy has been set Staff is telecommuting as much as possible

Communications Have appointed Sgt Lyle Gilbert as PIO he has had training for this We are going to be working with our local partners to get information out as much as we can Working on the website getting multiple pages available The website will always have the most current information

The Spanish-version website went live tonight We continue to work collaboratively with information releases Small businesses ndash take-out is available and we need to support them now

more than ever The hotel is open people are using it for their remote office Looking at potentially standing up the Emergency Operations Center The Vision 2040 meeting was a good diversion for all of us Advice is that even

in the worst times work on projects for the future something constructive The City continues toward a bright future

Councilor Morton asked if there was a moratorium on water shutoffs Pessemier said yes that we have committed to this to the beginning of May and will extend it as needed Also we will not apply late fees

6 UNFINISHED BUSINESS None

7 NEW BUSINESS71 Bid Award ndash Sunset Park Public Works Director Cottam summarized the Council memo as submitted in the agenda packet Staff is requesting the authority to award the contract for services for Sunset Park to the low bidder KampE Excavation in the amount of $9258000

ACTIONCouncilor Martin-Willis moved to award the contract for services for Sunset Park to KampE Excavation for $92580 and an allowance of $9258 for contingency and authorize the City Manager to execute the necessary contract documents Councilor Morton seconded Motion passed 5-0-0 AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

72 Bond Refinancing Finance Director Butsch summarized the Council memo as submitted in the agenda packet This would authorize the City Manager or designee to proceed with bond refunding of the MINET 2010 A and 2017 B bonds and SPWF Hoffman Rd loan when savings become beneficial to the city She noted there is some proposed legislation to help local governments lift moratorium on advance refundings if it happens it would give us a few more opportunities Discussion of motion Pessemier noted that formal council action would be needed this would enable staff to move quickly

ACTION Councilor Morton moved to authorize the City Manager or designee to proceed with refunding of any applicable bonds and loans when the market stabilizes and refunding provides sufficient savings Councilor Takacs seconded Motion passed 5-0-0

Page 6 of 81

Page 5 of 7 City Council Minutes 03-24-2020

AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

73 Release of Easement City Manager Pessemier summarized the Council memo as submitted in the agenda packet This would release an existing utility easement granted to the city as part of the Independence Landing project a new easement has been provided

ACTIONCouncilor Corr moved to declare the Public Utility Easement dated November 21 2018 and recorded December 6 2018 Instrument No 2018-014074 as abandoned and no longer in use by the City and authorize the City Manager to execute any documents necessary to release this easement in an executed and recorded Release of Easement Councilor Ranstrom-Smith seconded Motion passed 5-0-0 AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

74 Resolution 20-1524 Authorizing Grant Application Economic Development Director Irvine summarized the Council memo as submitted in the agenda packet This is for a grant application from the Oregon Parks amp Recreation Department for redevelopment of Riverview Park Proposing to utilize SDC funds for grant match

ACTIONCouncilor Ranstrom-Smith moved to approve resolution 20-1524 Authorizing a Grant Application to Oregon Parks amp Recreation Department Councilor Morton seconded Motion passed 5-0-0 AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

75 Resolution 20-1525 Authorizing Grant Application Economic Development Director Irvine summarized the Council memo as submitted in the agenda packet This is for a grant application from the Oregon Land amp Water Conservation Fund for redevelopment of Riverview Park Proposing to utilize SDC funds for grant match

ACTIONCouncilor Martin-Willis moved to approve Resolution 20-1525 Authorizing Application for a Local Government Grant from the Oregon Land amp Water Conservation Fund Councilor Takacs seconded Motion passed 5-0-0 AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

76 Council Bill 2020-02 Amends Independence Development Code File No LA-2019-04 Planner Evander summarized the Council memo as submitted in the agenda packet Staff is submitting the legislation that would amend the Independence Development Code as approved at the public hearing for Legislative Amendment

Page 7 of 81

Page 6 of 7 City Council Minutes 03-24-2020

LA-2019-04 at public hearing on February 25th

ACTION1st MOTION Councilor Morton moved to read the proposed Ordinance Council Bill 2020-02 in full as the text is contained in the Council packet for the first time Councilor Takacs seconded Motion passed 5-0-0 AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

City Recorder Johnson read the ordinance title

2nd MOTION Councilor Martin-Willis moved to read the proposed Ordinance Council Bill 2020-02 for the second time by title only Councilor Ranstrom-Smith seconded Motion passed 5-0-0 AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

City Recorder Johnson read the ordinance title

3rd MOTION Councilor Martin-Willis moved to adopt the proposed Ordinance Council Bill 2020-02 Councilor Takacs seconded Motion passed 5-0-0 AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

City Recorder Johnson announced the bill passed and will be assigned ordinance number 1576

Councilor Martin-Willis thanked Evander for his diligent and persistent work on this project

Mayor McArdle thanked staff for putting this meeting together appreciates all city staff to keep us moving forward

8 COUNCIL ANNOUNCEMENTS None

9 GENERAL INFORMATION Items submitted in the packet are for information only no action was required by city council

10 ADJOURN There being no further business to come before the council Councilor

Page 8 of 81

Page 7 of 7 City Council Minutes 03-24-2020

Martin-Willis moved to adjourn motion passed 5-0-0 AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

Meeting adjourned 719 pm

__________________________________MAYOR JOHN McARDLE

ATTEST

____________________________________Karin Johnson MMC City Recorder

Page 9 of 81

Page 10 of 81

555 South Main Street Post Office Box 7 Independence OR 97351

Phone 503838-1212 Fax 503606-3282 email kcottamciindependenceorus

[ ] Information Only [ X ] Action Requested

Statement of IssueStaff is requesting the authority to allow Cherriots Public Transportation services to install 12 new bus stops in Independence

BackgroundCherriots has made 2 previous presentations to council for new bus route and service one in June 2019 and one this year on February 25th Today is the final presentation and request for installation of 12 new bus stops

DiscussionThe city has committed to improving public transportation with several partners Cherriots Public Transportation is an important link to our neighboring cites in Polk County This new service will enter neighborhoods frequently to provide transportation alternatives We are asking council for permission to install yellow curb at these stops approximately 50rsquo is needed for the bus to safely load and unload riders That is the equivalent of 2 parking spaces per stop The stops were placed with taking the minimal amount of parking in mind Both the Public Works Dept and Police Dept inspected and approved every stop proposed We estimate that fewer than 16 parking spots will be needed city wide

Fiscal ImpactCherriots will install and paint the curbs yellow the city will then maintain the stops from the transportation dept funds I do not have an exact amount for maintaining the stops however impact will be minimal

Options1 Approval to allow Cherriots Public Transportation Services to install 12 new bus stops in Independence 2 Defer action requesting additional information3 Deny request

CITY OF INDEPENDENCEPUBLIC WORKS MEMORANDUM

TO Mayor and City Council FROM Kie CottamMEETING DATE 04092020

SUBJECT Cherriots Bus Route 45

Page 11 of 81

555 South Main Street Post Office Box 7 Independence OR 97351

Phone 503838-1212 Fax 503606-3282 email kcottamciindependenceorus

RecommendationSuggested MotionStaff recommends Option 1

Suggested Motion ldquoI move to authorize Cherriots Public Transportation Services to install 12 new bus stops in Independence at the locations as provided by Cherriots staffrdquo

AttachmentsA Cherriots Presentation

Memo prepared by Kie Cottam PW Director

Page 12 of 81

492020

1 1

Route 45 Bus Stop Parking RemovalsIndependence City Council Meetingndash April 14 2020By Ted Stonecliffe Transit Planner II

2

Introductionbull Public outreach completedbull Purpose of bus stop parking removal requestbull Responses to neighbor concernsbull Vehicle typebull Locations of bus stops proposedbull Next stepsbull Conclusionsbull Questions and answers

1

2

Page 13 of 81

492020

1 2

3

Public outreach completed

Public surveybull Conducted in-person outreach events and a six-week online

survey in Summer 2019City council appearances

bull June 2019 February 2020 April 2020

Property owners adjacent to new stopsbull Sent letters certified return receipt USPS mail to each

adjacent property ownerbull Door hangers placed on 160 doors in vicinity of on-street

parking removals and new bus stopsbull Website with all the details cherriotsorgNewRoute45

4

Purpose of bus stop parking removalsbull Buses must have direct access to the curb in order to

loadunload passengers safely especially in mobility devicesbull In order to comply with the Americans with Disabilities Act

(ADA)

Responses to concerns

bull Worked with neighbors on 4th Street to find a better southbound bus stop location

bull Eliminated northbound bus stop on 13th Street in response to neighbor complaint

bull Minimizing parking removals for E Street due to heavy on-street parking occupancy

3

4

Page 14 of 81

492020

1 3

5

Vehicle typebull 25-ft long 14 seats wheelchair lift-equippedbull Needs 50 feet of parking removed at each location

6

Route 45 bus stop locations in Independence (12 new 4 existing)

Monmouth Independence

5

6

Page 15 of 81

492020

1 4

7

Website examples of parking removals

E Street (between 10th and 11th ) Main Street Oak Street

8

Next Stepsbull Seek approval for stops and no-parking zones from three cities ndash

April amp May

bull Release bid package to potential contractors ndash June or July

bull Begin marketing new service at least 30 days in advance of launch

bull Install new stop poles amp signs ndash August

bull Launch new service September 2020

bull Continue marketing new service actively in September

7

8

Page 16 of 81

492020

1 5

9

Conclusionsbull Public outreach allowed public to weigh in on service

design and bus stop locationsbull Property owners have been notified of pending parking

removals by the citybull Removal of parking is necessary for the safety of the riding

public and to comply with the ADAbull Worked with community members and city public works

department to develop final planbull Request for parking removals for bus stops will come from

public works department (Kie Cottam)

10

Questions

9

10

Page 17 of 81

492020

1 6

11

11

Page 18 of 81

CITY OF INDEPENDENCE OREGONMEMORANDUM

TO Honorable Mayor and City Council

FROM Tom Pessemier City Manager

SUBJECT New Establishment Liquor License Applicant

DATE April 9 2020

Action Requested X Information Only

Statement of Issue

The Tap Station LLC DBA The Tap Station located at 87 N Main St has made an application with the Oregon Liquor Control Commission for Additional Privilege This license would allow the licensee to sell wine malt beverages and ciders for Off-Premises Consumption This application is submitted as a result of the recent restrictions put into place for licensed establishments regarding COVID-19 The additional license would allow The Tap Station to selldeliver their products to the consumer for off-premises consumption I have spoken to the OLCC regarding this and they are currently seeing a large increase in these applications and as a result are granting 90-day temporary authority at application with a requirement for follow-up reviewrecommendation by the local authority prior to final decisions or issuance

Background

In 1992 our City adopted resolution 881 which establishes criteria for screening liquor license applications The police department was assigned the task to do initial reviews of each liquor license application The police department then completes a staff report on those findings for the City Council review

Analysis

I have conducted a background investigation for The Tap Station as well as Christopher Ream and did not locate any issues I believe would hinder his operation of this business Christopher has owned and operated The Tap Station since he took over its ownership in the middle of 2019 with no issues or calls for service related to alcohol at the establishment

Fiscal Impact

Page 19 of 81

As of this date I do not know if the fees for this application have been paid

Options

1 Council may recommend approval for this establishment pending the payment of all city fees

2 Council may recommend denying the license for this establishment if reasonable grounds can be established

3 Council may impose an option of its own choosing

Recommended Motion

Option 1 I move to recommend approval of the above liquor license request pending payment of all fees

Attachments

Liquor license application for Additional Privilege

Memo Prepared by

Sergeant Justin Hedlund 46248

Page 20 of 81

reg Read ImportantOregon law requires that every applicant for a liquorlicense obtain a written recommendationfrom the governing body of the county if the place of business of the applicant is outside theincorporated city or from the city councilif the place of business of the applicant is within anincorporated city You must take the attached a lication forms to the a ro riategoverning body After the endorsement process is completed a representative from the city orcounty willcontact you to pick up the application You may deliver the application to the OLCCoffice or retain it until it is requested by the license investigator

Oregon Liquor Control Commission200 Hawthorne Avenue SE Suite Bmdash210Salem OR 97301

Questions Call (503) 378-4871

Page 21 of 81

OREGON LIQUORCONTROLCOMMISSION

LIQUORLICENSEAPPLICATION1 Application Do not includeany OLCCfees with your application packet (the licensefee willbe collected at a latertime) Application is being madefor

LicenseApplied For CITYAND COUNTYUSEONLYBrewery 1st LocationBrewery 2nd LocationBrewery 3rd Location

BrewerymdashPublicHouse 1st LocationBrewery-Public House Znd LocationBrewerymdashFublicHouse 3rd LocationDistillery

Date application received andordate stamp

Name of City or County

FullOn~Premises CommercialFullOnmdashPremisesCatererFull OnmdashPremisesPassenger Carrier

FullOn~Premises Other Public LocationFullOnmdashPremisesFor Profit Private Club

Recommends this license be

III Granted D Denied

FullOnmdashPremisesNonprofit Private Club By

Grower Sales Privilege 1st Location

E Grower Sales Privilege 2nd Location Datelsquo

Grower Sales Privilege 3rd Location OLCCUSEONLYLimited On~Premises

Dateapplictiop receivedOffmdashP lsquo

XI remises

Off-Premises with Fuel PumpsK

V lsquo

Warehouse

ByWholesale Malt Beverage amp Wine

Winery 1st Location LicenseAction(s)Winery Znd Location

Winery 3rd Location

Winery 4th Location He _ Winery 5th Location I IIraquo

2 ldentifythe app|icant(s) applyingforthe license(s) ENTITY(example corporation or LLC)or IND|VlDUAL(S)applyingfor the license(s)

__ raquomdash F7)lee leeSTPiTOs3LLC EmsectQEoCgcEm

(Applicant1) (Applicant2)w JUN

mt I

(Applicant3) (Applicant4) REU_w_lsquo _ -KJI

3 Trade Name ofthe Business (Name Customers Will See)

rdquozTrsigtsectT1rsquorIOlsquovlsquo)4 Business Address (Number and Street Address of the Location that will have the liquor license)

euro7 3 H-IMFraquo STCity ZipCelNraquoDeuroPtNDtNltE rsquoigtoLg 733i

County

OLCCLiquor License Application (Rev 1110)

Page 22 of 81

TtEliigtsectTlTOM5 Trade Name of the Business (Name Customers WillSee)

6 Does the business address currently have an OLCCliquor license E YESlNo7 Does the business address currently have an OLCCmarijuana license EYESXJNO

VDTEOK318 MailingAddressPOBox Number Street Rural Route (where the OLCCwillsend your mail)

City

sectPxE

State

GELZip Code

973019 Phone Number of the Business Location

Btu3amp3 I 17w10 EmailContact for this Application

xxoLtCoIVi11 Contact Person for this Application

Otilsect ilElsquotM

VierctP one Number

OmrsquoSlWtCW3rsquoContact Persons Mailing Address (if different)

701eatevtao we seCity

Sltuim

State Zip Code

OR 0tlsquoIsect07__

Please note that liquor license applications are public records A copy of the application will be posted on the OLCC

website for a period of several weeks

I understand that marijuana (such as use consumption ingestion inhalation samples give-away sale etc) isprohibited on

the licensedpremises

I attest that allanswers on all forms documents and information provided to the OLCCare true and complete

Applicant Signatu rels)

- Each individual person listed as an applicant must sign the application

0 if an applicant is an entity such as a corporation or LLCat least one person who is authorized to sign for the entity

must sign theapplication- A person with the authority to sign on behalf of the applicant (such as the applicants attorney or a person with

power of attorney) may sign the application Ifa person other than an applicant signs the application please

wideroo fsignatureauthority

(A (Applicant2)

(App|icant3) (App|icant4)

otcc Liquor License Application (Rev 11201

Page 23 of 81

OREGON LIQUOR CONTROL COMMISSION

BUSINESS INFORMATION

Please Print or Type

Applicant Name ItET9 StPtT1gtsectgt Phone euroL FZFIVITrade Name (dba) THETAP 3 Tioixs

Business Location Address

City BEPEHDEMCF ZIP Code Ci73sectl

DAYSAND HOURS OF OPERATION

Business Hours Outdoor Area HoursSunday 7mdash- to E2314 Sunday

toMondairsquo __i T0_m MondayTU95daY A I0 E TuesdayWednesday i to WednesdayThursday 3 to

EIFriday __L to __jSaturday IS to I

The outdoor area is used for

KlsquoFood service

Aicohol service

Hours

to

area is adequately viewed andorused by Service Pennittees

(investigators Initials)

Seasonal Variations l31YesEl No if yes explain USEH-qkxig LQ1+JTiZHOOKZRuse Co-mgt-q HRS QceemdashClsquonpoundboeuroeuroeuroJiigtmecent HDUKB

ENTERTAINMENT Check anthat app|y DAYS amp HOURS OF LIVE OR DJ MUSIC

MLive Music E Karaoke

tE Recorded Music D CommdashoperatedGames sectrj3 tgDJ Music B Video Lottery Machines Tuesday to

Wednesday toD Dancing WSocial Gaming Thursday SIDSFriday g to D Nude Entertainers D Pool Tables Saturday 3 to I

D Other

SEATINGCOUNT

Restaurant Outdoor grCraquo OLCC USE ONLY

lsquobk Investigator Veried Seating__(Y) __(N)

Lounge _pound_ Other (explain)mvasgamllnmms

I

lsquo

Banquet Total Seating Date

I understand if my answei7euro)ote a complete the OLCC may deny my license application

Applicant SignatureU

-lsquo Date 3 Z3 lsquoT Z0101-800-452-OLCC (6522)

wwworegongovolcc yrsldquo 1207)Page 24 of 81

555 South Main Street Post Office Box 7 Independence OR 97351

Phone 503838-1212 Fax 503606-3282 email tpessemierciindependenceorus

TO Mayor and City Council FROM City Manager Tom Pessemier MEETING DATE April 14 2020 SUBJECT Approval of 5-year sales contract for

AXON services [ ] Information Only [ X ] Action Requested Statement of Issue A 5-year sales contract with AXON for body-worn cameras Tasers and digital cloud-based storage with software interface is submitted for council consideration Background In 2014 the City of Independence started using body worn cameras in the police department We started by testing different platforms selecting AXON as our preferred provider then negotiated a 5-year contract which was partially grant funded Our current contract expires this month and we have negotiated a new contract for Council consideration Discussion Included in the contract being considered today AXON provides body cameras and Tasers for our officers and CSOrsquos training and training aids and Taser devices for our patrol staff to wear while on patrol These devices are covered under a warranty for the life of the contract as well as a provision for camera replacement around the half-way point of the contract to the newest technology available Certification training for our instructor to be certified to train our staff and other training materials are also included The sales contract also includes software and cloud storage of video The AXON platform which we currently use allows us the ability to transfer video directly to the DArsquos office or others electronically rather than having to build DVDrsquos of video which has saved our records department a lot of time It also provides the ability for citizens to upload video directly to our AXON cloud as well as video redaction capabilities which allows us to comply with Oregon law

CITY OF INDEPENDENCE MEMORANDUM

Page 25 of 81

555 South Main Street Post Office Box 7 Independence OR 97351

Phone 503838-1212 Fax 503606-3282 email tpessemierciindependenceorus

Fiscal Impact The total 5-year contract cost is $131786 broken into annual payments of $26357 Funds are available for this fiscal year in the police department operating budget Funds would be included in the police department budget request for contract years 2-5 Options

1 Approve the contract as proposed 2 Approve the contract with amendments 3 Take no action

RecommendationSuggested Motion Staff recommends Option 1

ldquoI move to authorize the City Manager to sign a service contract for body worn cameras tasers and cloud storage with AXONrdquo Attachments

A Proposed AXON contract

Memo prepared by Robert Mason Police Chief

Page 26 of 81

Payment Terms Net 30

Delivery Method Fedex - Ground

Q-251225-43927723KP

Year 1

Item DescriptionTerm

(Months)Quantity

List Unit

Price Net Unit Price Total (USD)

Axon Plans amp Packages

20248 TASER 7 EVIDENCECOM ACCESS LICENSE 60 1 000 000 000

73687 EVIDENCECOM VIEWER LICENSE 60 1 000 000 000

73746 PROFESSIONAL EVIDENCECOM LICENSE 60 11 000 000 000

73686EVIDENCECOM UNLIMITED AXON DEVICE

STORAGE60 11 000 000 000

73683 10 GB EVIDENCECOM A-LA-CART STORAGE 60 110 000 000 000

73449 AWARE LICENSE 60 11 000 000 000

20248 TASER 7 EVIDENCECOM ACCESS LICENSE 60 11 000 000 000

20246TASER 7 DUTY CARTRIDGE REPLACEMENT

ACCESS LICENSE60 11 000 000 000

73683 10 GB EVIDENCECOM A-LA-CART STORAGE 60 10 000 000 000

73840 EVIDENCECOM BASIC ACCESS LICENSE 60 10 000 000 000

Hardware

20160TASER 7 HOLSTER - SAFARILAND RH+CART

CARRIER11 000 000 000

75015 SIGNAL SIDEARM KIT 11 000 000 000

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

Issued 04062020

Quote Expiration 05152020

Account Number 110011 Axon Enterprise Inc17800 N 85th St

Scottsdale Arizona 85255

United States

Phone (800) 978-2737

Protect Life

PRIMARY CONTACT

Justin Hedlund

Phone (503) 837-1109

Email hedlundjustinciindependenceorus

BILL TO

Independence Police Dept - OR

P O Box 7

Independence OR 97351

US

SHIP TO

Justin Hedlund

Independence Police Dept - OR

555 S Main Street

Independence OR 97351

US

SALES REPRESENTATIVE

Kyle Panasewicz

Phone (480) 905-2071

Email kylepaxoncom

Fax (480) 658-0673

Q-251225-43927723KP

1

Page 27 of 81

Year 1 (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware (Continued)

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

20014TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE STANDOFF (322 000 000 000

20015TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE CLOSE QUART22 000 000 000

20008TASER 7 HANDLE HIGH VISIBILITY (GREEN

LASER) CLASS 3R11 000 000 000

20040 TASER 7 HANDLE WARRANTY 4-YEAR 11 000 000 000

20018 TASER 7 BATTERY PACK TACTICAL 13 000 000 000

20041TASER 7 BATTERY PACK WARRANTY 4-

YEAR13 000 000 000

20042TASER 7 DOCK amp CORE WARRANTY 4-

YEAR1 000 000 000

70033WALL MOUNT BRACKET ASSY

EVIDENCECOM DOCK1 000 000 000

74200 TASER 7 6-BAY DOCK AND CORE 1 000 000 000

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)33 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)33 000 000 000

20016TASER 7 INERT CARTRIDGE STANDOFF

(35-DEGREE)1 000 000 000

20017TASER 7 INERT CARTRIDGE CLOSE

QUARTERS (12-DEGREE)1 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

73202 AXON BODY 3 - NA10 5 69900 63260 316300

74028 WING CLIP MOUNT AXON RAPIDLOCK 5 000 000 000

11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 5 000 000 000

Other

73810 OFFICER SAFETY PLAN 7 60 11 000 000 000

Not Eligible

TASER 7

INSTRUCTO

R COURSE

VOUCHER

Not Eligible TASER 7 INSTRUCTOR COURSE

VOUCHER1 000 000 000

Protect LifeQ-251225-43927723KP

2

Page 28 of 81

Year 1 (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Other (Continued)

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 132442 1456862

Not Eligible

TASER 7

MASTER

INSTRUCTO

R SCHOOL

VOUC

Not Eligible TASER 7 MASTER INSTRUCTOR

SCHOOL VOUCHER1 000 000 000

Not Eligible

Target and

Frame

Not Eligible Target and Frame 11 000 000 000

Not Eligible

Halt SuitNot Eligible Halt Suit 1 000 000 000

20135OCULUS GO STANDALONE VIRTUAL

REALITY HEADSET1 000 000 000

20247TASER 7 ONLINE TRAINING CONTENT

ACCESS LICENSE60 11 000 000 000

20249VR EMPATHY DEVELOPMENT AUTISM

SCHIZOPHRENIA ACCESS LICENSE60 11 000 000 000

73827 AB3 CAMERA TAP WARRANTY 60 5 000 000 000

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2118510

Estimated

Shipping000

Estimated Tax 000

Total 2118510

Year 1 - TAP Refresh

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

74210 AXON BODY 3 - 8 BAY DOCK 2 000 000 000

73202 AXON BODY 3 - NA10 11 000 000 000

74028 WING CLIP MOUNT AXON RAPIDLOCK 16 000 000 000

11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 11 000 000 000

73202 AXON BODY 3 - NA10 1 69900 000 000

74028 WING CLIP MOUNT AXON RAPIDLOCK 1 000 000 000

11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 1 000 000 000

Protect LifeQ-251225-43927723KP

3

Page 29 of 81

Year 1 - TAP Refresh (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Other

73828 AB3 8 BAY DOCK TAP WARRANTY 60 2 000 000 000

73827 AB3 CAMERA TAP WARRANTY 60 11 000 000 000

71019NORTH AMER POWER CORD FOR AB3 8-

BAY AB2 1-BAY 6-BAY DOCK2 000 000 000

73827 AB3 CAMERA TAP WARRANTY 60 1 000 000 000

Subtotal 000

Estimated Tax 000

Total 000

Year 1 - T7 Certification

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Axon Plans amp Packages

20248 TASER 7 EVIDENCECOM ACCESS LICENSE 60 6 000 000 000

20246TASER 7 DUTY CARTRIDGE REPLACEMENT

ACCESS LICENSE60 6 000 000 000

Hardware

20160TASER 7 HOLSTER - SAFARILAND

RH+CART CARRIER6 000 000 000

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

20014TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE STANDOFF (312 000 000 000

20015TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE CLOSE QUART12 000 000 000

20008TASER 7 HANDLE HIGH VISIBILITY (GREEN

LASER) CLASS 3R6 000 000 000

20040 TASER 7 HANDLE WARRANTY 4-YEAR 6 000 000 000

20018 TASER 7 BATTERY PACK TACTICAL 6 000 000 000

20041TASER 7 BATTERY PACK WARRANTY 4-

YEAR6 000 000 000

20016TASER 7 INERT CARTRIDGE STANDOFF

(35-DEGREE)1 000 000 000

20017TASER 7 INERT CARTRIDGE CLOSE

QUARTERS (12-DEGREE)1 000 000 000

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)18 000 000 000

Protect LifeQ-251225-43927723KP

4

Page 30 of 81

Year 1 - T7 Certification (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware (Continued)

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)18 000 000 000

20050 HOOK-AND-LOOP TRAINING (HALT) SUIT 1 75000 67875 67875

Other

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

Not Eligible

TASER 7

INSTRUCTO

R COURSE

VOUCHER

Not Eligible TASER 7 INSTRUCTOR COURSE

VOUCHER1 000 000 000

Not Eligible

Taser 7

Evidenceco

m Admin

License

Not Eligible Taser 7 Evidencecom Admin

License1 000 000 000

Not Eligible

TASER 7

MASTER

INSTRUCTO

R SCHOOL

VOUC

Not Eligible TASER 7 MASTER INSTRUCTOR

SCHOOL VOUCHER1 000 000 000

Not Eligible

Target and

Frame

Not Eligible Target and Frame 6 000 000 000

Not Eligible

Halt SuitNot Eligible Halt Suit 1 000 000 000

Not Eligible

for VR

Headset

Not Eligible for VR Headset 1 000 000 000

20247TASER 7 ONLINE TRAINING CONTENT

ACCESS LICENSE60 6 000 000 000

20249VR EMPATHY DEVELOPMENT AUTISM

SCHIZOPHRENIA ACCESS LICENSE60 6 000 000 000

80087TASER 7 TARGET CONDUCTIVE

PROFESSIONAL (RUGGEDIZED)1 15000 13575 13575

Protect LifeQ-251225-43927723KP

5

Page 31 of 81

Year 1 - T7 Certification (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Other (Continued)

20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 49500 44798 44798

Subtotal 517208

Estimated Tax 000

Total 517208

Year 1 - Trade In

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Other

20104 TASER 7 TRADE-IN UPFRONT PURCHASE 17 000 000 000

Subtotal 000

Estimated Tax 000

Total 000

Year 2

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

Other

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 172674 1899414

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2635722

Estimated Tax 000

Total 2635722

Protect LifeQ-251225-43927723KP

6

Page 32 of 81

Year 3

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

20014TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE STANDOFF (322 000 000 000

20015TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE CLOSE QUART22 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

20014TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE STANDOFF (312 000 000 000

20015TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE CLOSE QUART12 000 000 000

Other

73309 AXON BODY CAMERA REFRESH ONE 11 000 000 000

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 172674 1899414

73689 MULTI-BAY BWC DOCK MID REFRESH 2 000 000 000

73309 AXON BODY CAMERA REFRESH ONE 1 000 000 000

73309 AXON BODY CAMERA REFRESH ONE 5 000 000 000

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2635722

Estimated Tax 000

Total 2635722

Protect LifeQ-251225-43927723KP

7

Page 33 of 81

Year 4

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

Other

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 172674 1899414

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2635722

Estimated Tax 000

Total 2635722

Year 5

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

Protect LifeQ-251225-43927723KP

8

Page 34 of 81

Year 5 (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware (Continued)

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

Other

73310 AXON BODY CAMERA REFRESH TWO 11 000 000 000

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 172674 1899414

73688 MULTI-BAY BWC DOCK FINAL REFRESH 2 000 000 000

73310 AXON BODY CAMERA REFRESH TWO 1 000 000 000

73310 AXON BODY CAMERA REFRESH TWO 5 000 000 000

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2635722

Estimated Tax 000

Total 2635722

Grand Total 13178606

Protect LifeQ-251225-43927723KP

9

Page 35 of 81

Summary of Payments

Payment Amount (USD)

Year 1 2118510

Year 1 - TAP Refresh 000

Year 1 - T7 Certification 517208

Year 1 - Trade In 000

Year 2 2635722

Year 3 2635722

Year 4 2635722

Year 5 2635722

Grand Total 13178606

Discounts (USD)Quote Expiration 05152020

List Amount 15120900

Discounts 1942294

Total 13178606

Total excludes applicable taxes

Protect LifeQ-251225-43927723KP

10

Page 36 of 81

Notes

The parties agree that Axon is granting a credit of $306000 (applied to Year 1 Payment) for trade-in of CEW hardware This credit is based on a ship date range of 512020-

5152020 resulting in a 612020 contract start date Any change in this ship date and resulting contract start date will result in modification of this credit value which may

result in additional fees due to or from Axon

Axon BWC hardware contained in this quote is at zero cost as a TAP refresh of contracts 00004618 and 00010394 The parties agree that all TAP obligations of contracts

00004618 and 00010394 have been fulfilled

Purchase of TASER 7 are governed by the TASER 7 Agreement located at httpswwwaxoncomlegalsales-terms-and-conditions and not the Master Services and

Purchasing Agreement referenced below

Tax is subject to change at order processing with valid exemption

Axonrsquos Sales Terms and Conditions

This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axonrsquos Master Services and Purchasing Agreement

(posted at wwwaxoncomlegalsales-terms-and-conditions) as well as the attached Statement of Work (SOW) for Axon Fleet andor Axon Interview

Room purchase if applicable Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions By

signing below you represent that you are lawfully able to enter into contracts If you are signing on behalf of an entity (including but not limited to the

company municipality or government agency for whom you work) you represent to Axon that you have legal authority to bind that entity If you do not

have this authority please do not sign this Quote

Signature CustSIG Date CustDate

Name (Print) CustName Title CustTitle

PO (Or write

NA) CustPo

Please sign and email to Kyle Panasewicz at kylepaxoncom or fax to (480) 658-0673

Thank you for being a valued Axon customer For your convenience on your next order please check out our online store buyaxoncom

The trademarks referenced above are the property of their respective owners

Protect LifeQ-251225-43927723KP

11

Axon Internal Use Only

Review 1 Review 2

SFDC Contract

Order Type

RMA

Address Used

SO

Comments

Page 37 of 81

Page 38 of 81

555 South Main Street Post Office Box 7 Independence OR 97351Phone 503838-1212 Fax 503606-3282 email kjohnsonciindependenceorus

TO Mayor and City CouncilFROM Shawn Irvine Economic Dev Dir

MEETING DATE April 14 2020SUBJECT Resolution Rural Business

Development Grant Application

[ ] Information Only [ X ] Action Requested

Statement of Issue Staff is requesting Council approve a resolution supporting a grant application to fund the development of a shared-use commercial kitchen facility downtown

BackgroundFor several years the City has worked with local and regional partners to support entrepreneurship and the growth of small businesses These classes and programs have supported a number of successful businesses including several located downtown The past two years the City has partnered with IndyCommons ndash the downtown co-working space ndash to run a series of meetups and classes intended to identify potential business clusters within the communityrsquos entrepreneurs Food-based businesses were the top cluster identified

The mid-Willamette Valley is the largest and most diverse agricultural production region in the state with over 170 different crops being grown It also has a concentration of large and small value-added food products companies that leverage the diverse agricultural products for their businesses The USDArsquos Rural Business Development Grant program supports proposals that offer assistance and training for small businesses in rural communities

DiscussionOver the last decade development of a shared-use commercial kitchen has come up several times in the Cityrsquos regional economic development work These facilities allow licensed users to rent the space on an hourly basis for trying new recipes developing new products and small-scale production The ability to rent a licensed facility enables entrepreneurs to test their ideas and products prior to making the significant investment into building their own commercial kitchen While there has been strong and consistent interest in such a facility from entrepreneurs it is a complex enough project that nobody was willing to be the organizer and operator

IndyCommons opened four years ago successfully bringing the shared space co-working model to downtown Independence Last year the company spun off a new non-profit IndyIdeaHub to support entrepreneurship programming and development in the community and region With the success of the co-working space and the new non-profit IndyCommons is ready to tackle a shared-use commercial kitchen They have leased the neighboring space in their building and plan to operate a shared kitchen and event space with ldquomicro retailrdquo in the storefront Micro retail rents shelf space to entrepreneurs instead of an entire store reducing the startup cost for a new product company and enabling them to test the market for new products without the cost of renting an entire store The kitchen event space and micro retail

CITY OF INDEPENDENCEMEMORANDUM

Page 39 of 81

555 South Main Street Post Office Box 7 Independence OR 97351Phone 503838-1212 Fax 503606-3282 email kjohnsonciindependenceorus

space would work in concert creating a kind of food incubator while also drawing people downtown for pop up dinners and other events

IndyCommons is leasing the space and the Cityrsquos grant application would support the non-profitrsquos work to outfit and operate the kitchen while offering business development programs The grant will request approximately $90000 matched with funds from IndyCommons and a $60000 Rural Opportunity Initiative grant the City received through Business Oregon which supports programming for food-based entrepreneurship

While the City is requesting the grant and supporting development of this kitchen facility its users will not be limited just to Independence residents As with IndyCommons anyone willing to travel to the facility and pay the rental fee will be able to use it Programs and classes will also be open to anyone from the region

Fiscal Impact Staff time will be spent writing the grant and if awarded coordinating the project No City funds will be used as match for this project

Options1 Approve the resolution as submitted2 Approve the resolution with amendments3 Take no action

RecommendationSuggested MotionStaff recommends Option 1

Suggested motion ldquoI move to approve Resolution 20-1526 Authorizing the City to Apply for a Rural Business Development Grantrdquo

AttachmentsA Resolution 20-1526

Page 40 of 81

Page 1 of 2 Resolution 20-1526 Authorizes USDA Grant Application

BEFORE THE CITY COUNCIL OF THE CITY OF INDEPENDENCE

COUNTY OF POLK STATE OF OREGON

IN THE MATTER OF AUTHORIZING THE CITY ]OF INDEPENDENCE TO APPLY FOR A RURAL ]BUSINESS DEVELOPMENT GRANT FROM THE ]UNITED STATES DEPARTMENT OF AGRICULTURE ]FOR DEVELOPMENT OF A SHARED-USE ]COMMERCIAL KITCHEN FACILITY AND ]DELEGATING AUTHORITY TO THE CITY ]MANAGER TO SIGN THE APPLICATION ]

RESOLUTION 20-1526

A RESOLUTION AUTHORIZING APPLICATION FOR USDA GRANT

WHEREAS the USDA is accepting applications for its Rural Business Development Program and

WHEREAS the City of Independence has the capacity to administer the grant and desires to participate in this grant program to the greatest extent possible as a means of providing needed business development and entrepreneurship programming and

WHEREAS Staff have identified development of food-based businesses as a successful regional business cluster which could be expanded within the City of Independence and

WHEREAS local and regional economic development plans have identified a shared-use commercial kitchen as an important asset to reduce barriers to entry for food-based startup businesses and

WHEREAS the City of Independence has an existing partnership with IndyCommons to support entrepreneurship and business development within the community and

WHEREAS the City of Independence has available matching funds from the State of Oregonrsquos Rural Opportunity Initiative which will fund food-based business programming and services at the new kitchen facility and

Page 41 of 81

Page 2 of 2 Resolution 20-1526 Authorizes USDA Grant Application

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF INDEPENDENCE AS FOLLOWS

Section 1 The City Council demonstrates its support for the submittal of a grant application to the United States Department of Agriculture for development of a shared-use commercial kitchen and delegates authority to sign grant documents to City Manager Tom Pessemier

Section 2 This Resolution shall be effective following its adoption by the City Council

Passed by the City Council this 14th of April 2020

Effective Date April 14 2020Signed by the Mayor April 14 2020

__________________________John McArdle Mayor

ATTEST

_______________________Karin Johnson MMCCity Recorder

Page 42 of 81

555 South Main Street Post Office Box 7 Independence OR 97351Phone 503838-1212 Fax 503606-3282 email tpessemierciindependenceorus

TO Mayor and City CouncilFROM City Manager Tom Pessemier

MEETING DATE April 14 2020SUBJECT Approval of IGA Mid-Willamette Valley

Homeless Alliance Continuum of Care

[ ] Information Only [ X ] Action Requested

Statement of IssueAn Inter-Governmental Agreement concerning the Mid-Willamette Valley Homeless Alliance is submitted for council consideration

BackgroundIn 2019 the City of Independence along with the cities of Monmouth Keizer Salem the Salem-Keizer School District Polk and Marion counties and the Confederated Tribes of Grand Ronde and with the Mid-Willamette Valley Council of Governments (COG) formally organized the Mid-Willamette Valley Homeless Alliance (MWVHA) which serves as our regionrsquos Continuum of Care (CoC) The CoC is committed to the goal of preventing and ending homelessness within Polk and Marion counties The CoC was recognized by the US Housing and Urban Development Department (HUD) on 12-11-19 and to that end a formal Governance Charter was approved by the MWVHA Board of Directors on 2-13-20

The MWVHA Board of Directors is a collaboration of the members and the COG has provided administrative support for the member governments The MWVHA is not a legal entity and HUD regulations require a legal entity to serve as the Collaborative Applicant for a Continuum of Care therefore an ORS 190 entity (Inter-Governmental Agreement or IGA) is proposed to be formed to allow the member governments to contract with the COG to provide services and for the COG to be reimbursed

DiscussionTime is of the essence this IGA establishes the terms and conditions under which the member governments will coordinate to support the MWVHA through contracting with the COG to serve as the Collaborative Applicant This IGA is a short-term solution until a new entity is designated and would expire on August 13 2020

Fiscal ImpactNo additional fiscal impact Funds have been reservedbudgeted for this project

Options1 Approve the IGA as proposed2 Approve the IGA with amendments3 Take no action

RecommendationSuggested Motion

CITY OF INDEPENDENCEMEMORANDUM

Page 43 of 81

555 South Main Street Post Office Box 7 Independence OR 97351Phone 503838-1212 Fax 503606-3282 email tpessemierciindependenceorus

Staff recommends Option 1

ldquoI move to approve the cityrsquos participation in the ORS 190 concerning the Mid-Willamette Valley Homeless Alliance and to authorize the City Manager to sign the related documentsrdquo

AttachmentsA Interim IGAB COG Scope of WorkC MWHA Governance Charter

Memo prepared by Karin Johnson City Recorder

Page 44 of 81

1 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

1 PARTIES TO AGREEMENT

This Agreement by and between the Confederated Tribes of the Grand Ronde (ldquoGrand Ronderdquo) Marion County (ldquoMarionrdquo) Polk County (ldquoPolkrdquo) and the Cities of Independence (ldquoIndependencerdquo) Keizer (ldquoKeizerrdquo) Monmouth (ldquoMonmouthrdquo) Salem (ldquoSalemrdquo) the Salem-Keizer School District (ldquoSalem-Keizerrdquo) collectively the ldquoMember Governmentsrdquo and the Mid-Willamette Valley Council of Governments (ldquoCOGrdquo) is made pursuant to ORS 190010

2 AUTHORITY This Agreement is established under the authority of Oregon Revised Statutes (ORS) Chapter 190

3 BACKGROUNDa The Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo) was formed on

September 24 2019 and recognized by the US Housing and Urban Development Department (ldquoHUDrdquo) on December 11 2019 for the Polk County and Marion County region to carry out the purposes of the HUD Continuum of Care program described in 24 CFR Part 578

b The Alliance Charter was approved by the Alliance Board of Directors on February 13 2020 (Attachment 1)

c The Alliance is a collaboration of the Member Governments non-profit service organizations and community members and is not a legal entity

d The Member Governments have made financial contributions for the 2019-2020 Fiscal Year which are being managed by COG

e The Member Governments have agreed to make financial contributions to support the Alliance for the 2020-2021 Fiscal Year subject to budgetary approval as approved by the Alliance Board of Directors (Attachment 2)

f HUD regulations require a legal entity to serve as the Collaborative Applicant for a Continuum of Care such as the Alliance

g The COG has been providing administrative support and other resources for the Alliance including contract management for independent contractors engaged by COG at the request of the Alliance During this time the Member Governments have directly paid their contribution amounts to COG to manage those funds for the Alliance

h The COG has agreed on an interim basis to continue to provide administrative support and other resources in addition to serving as the Collaborative Applicant for

Page 45 of 81

2 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

the Alliance until an ORS 190 entity has been formed and designated by the Alliance Board of Directors to serve as the Collaborative Applicant

i The Alliance Board of Directors approved the execution of this Agreement for a term to expire on August 13 2020 to allow the Member Governments to contract with the COG to provide Collaborative Applicant services and reimburse COG for services

4 PURPOSE

The purpose of this Agreement is to establish the terms and conditions under which the Member Governments will coordinate to support the Alliance through contracting with COG to serve as the Collaborative Applicant for the Alliance pursuant to 24 CFR Part 578 The parties understand and agree that this Agreement serves as an interim solution to allow COG to serve as the Collaborative Applicant and be reimbursed for its costs until a new entity is designated

5 TERM AND TERMINATION

51 This Agreement shall be effective from the date upon which the last signature is affixed hereto and shall expire on August 13 2020 unless otherwise earlier terminated or extended

52 This Agreement may be terminated by mutual consent of all parties hereto Any such termination of this Agreement shall be without prejudice to any obligations or liabilities of any party already accrued prior to such termination

6 FUNDING AND BILLING

61 The Member Governmentsrsquo fiscal year 2020-2021 contributions as set forth in Attachment 2 shall be made to COG subject to the individual Member Governmentrsquos budgetary approval Nothing in this Agreement binds any Government Member to any specific financial contribution after the 2020-2021 fiscal year

62 COG shall be reimbursed for its expenses already incurred in support of the Alliance from January 1 2020 to the effective date of this Agreement COGrsquos expenses prior to July 1 2020 shall be reimbursed from the Member Governmentsrsquo Fiscal Year 2019-2020 contributions and COGrsquos expenses for the period of July 1 2020 to the termination of this Agreement shall be from the Member Governmentsrsquo Fiscal Year 2020-2021 contributions COG shall submit an invoice to the Alliance Board for its approval for COGrsquos Fiscal Year 2019-2020 expenses no later than August 30 2020 and shall submit an invoice to the Alliance Board for its approval for COGrsquos Fiscal Year 2020-2021 expenses no later than September 30 2020

63 COGrsquos expenses under this Agreement shall not exceed the total amount of funds contributed by the Member Governments and any contributions from other members of the Alliance donations or grants provided to COG for the benefit of the Alliance subject to the rates for specific services as set forth in the Scope of Work As set forth in the Scope of

Page 46 of 81

3 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

Work COG shall provide timely financial reports to the Alliance and shall ensure that expenses do no exceed available resources approved by the Member Governments through the Alliance Board

7 OBLIGATIONS UNDER THE TERMS OF THIS AGREEMENT

71 MEMBER GOVERNMENTS agree to

a Make timely payment to COGb Maintain good standing as a member of the Alliancec Collaborate in good faith with other Member Governments to create a new ORS 190

entity to serve as the Collaborative Applicant for the Alliance

72 COG agrees to

Serve as the Collaborative Applicant for the Alliance and perform other duties as established in the Scope of Work (Attachment 3)

8 DESIGNATION OF SUCCESSOR COLLABORATIVE APPLICANT

The Member Governments understand and agree that the Alliance is required to have a Collaborative Applicant as that term is defined in 24 CFR Part 57815 which must be a legal entity The Alliance Board has indicated a desire that the Member Governments form an intergovernmental entity to serve that purpose Time is of the essence to designate a successor Collaborative Applicant and the Member Governments agree to work cooperatively and in a timely manner to agree on the new Collaborative Applicant The Member Governments also agree they will create a new intergovernmental entity to serve in that role

9 COMPLIANCE WITH APPLICABLE LAWS

The parties agree that both shall comply with all applicable federal state and local laws and ordinances applicable to the parties and the work to be done under this Agreement The parties agree that this Agreement shall be administered and construed under the laws of the state of Oregon Nothing in this Agreement shall be considered a waiver of tribal sovereign immunity

10 NONDISCRIMINATION

The parties agree to comply with all applicable requirements of federal state and local civil rights statutes rules and regulations in the performance of this Agreement

11 HOLD HARMLESSThe parties agree to indemnify and hold harmless each other for from and against all claims costs expenses (including attorney fees) losses damages fines charges actions or other liabilities solely to the extent arising from their own intentional or negligent acts or those of their agents contractors or employees and to the extent applicable the above indemnification is

Page 47 of 81

4 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

subject to and shall not exceed the limits of the Oregon Tort Claims Act (ORS 30260 through 30300) and the Oregon Constitution The parties intend to provide reciprocal indemnity obligations The parties acknowledge that the Oregon Tort Claims Act does not limit the liability of Grand Ronde in the same manner as the other parties Accordingly the parties agree Grand Rondersquos indemnity shall not exceed the indemnification limits of any other party

12 INSURANCE

Each party shall insure or self-insure and be independently responsible for the risk of its own liability for claims within the scope of the Oregon tort claims act (ORS 30260 to 30300) The parties intend to provide reciprocal liability insurance obligations The parties acknowledge that the Oregon Tort Claims Act does not apply to Grand Ronde in the same manner as other parties Accordingly the parties agree that Grand Ronde shall self-insure in an amount consistent with the liability for claims of any other party

13 MERGER CLAUSEParties concur and agree that this Agreement constitutes the entire agreement between the parties No waiver consent modification or change to the terms of this agreement shall bind either party unless in writing and signed by both parties There are no understandings agreements or representations oral or written not specified herein regarding this agreement Parties by the signatures below of their authorized representatives hereby agree to be bound by its term and conditions

Page 48 of 81

5 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

THE CONFEDERATED TRIBES OF THE GRAND RONDE COMMUNITY OF OREGON

__________________________________ ________________________ Cheryle A Kennedy DateTribal Council Chairwoman

Page 49 of 81

6 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

CITY OF INDEPENDENCE

__________________________________ _____________________Tom Pessemier DateCity Manager

Page 50 of 81

7 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

CITY OF KEIZER

__________________________________ ________________________Christopher Eppley DateCity Manager

Approved as to form

________________________________________Keizer City Attorney

Page 51 of 81

8 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

CITY OF MONMOUTH

__________________________________ _____________________Chad Olsen DateInterim City Manager

Page 52 of 81

9 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

MARION COUNTY BOARD OF COMMISSIONERS

__________________________________Chair

__________________________________Commissioner

__________________________________Commissioner

Date _____________________

Page 53 of 81

10 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

POLK COUNTY BOARD OF COMMISSIONERS

__________________________________Commissioner

__________________________________Commissioner

__________________________________Commissioner

Date _____________________

Page 54 of 81

11 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

SALEM-KEIZER PUBLIC SCHOOLS

_____________________________________ _____________________Marty Heyen Chairperson Board of Directors DateSalem-Keizer Public Schools

Page 55 of 81

12 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

CITY OF SALEM

__________________________________ _____________________Steve Powers DateCity Manager

Page 56 of 81

13 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

__________________________________ _______________________Renata Wakeley DateActing Executive Director

Page 57 of 81

Page 58 of 81

1

MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

SCOPE OF WORK FOR THE MID-WILLAMETTE VALLEY HOMELESS ALLIANCE COG shall undertake the following items in performance of this Agreement

1 Finance a Manage and process accounts payable and accounts receivable b Maintain records of project expenditures and revenues in COG financial

management system c Maintain copies of personal services contracts and other contracts for goods and

services under this Agreement d Provide monthly financial report to the Alliance Board e Provide support to and project financial statements in annual audit f Incorporate project expenditures and revenues into COG budget forecast prepare

budget documents for Alliance Board approval g Provide documentation of internal controls and other financial policies and

procedures to HUD upon request h Manage HUD planning grant when awarded Assure planning grant expenditures

made by the project are allowable per HUD regulations i Prepare any required financial reports associated with the planning grant j Accept and record Alliance member contributions and k Invoice members for annual project contributions and track contribution receipts

2 Administrative Support

a Attend Alliance Board meetings and executive committee meetings prepare draft minutes and maintain meeting records

b Assist the Alliance in scheduling meetings and other meeting-related tasks including merging documents for the meeting packet

c Schedule meeting space when available facilitate meeting logistics and preparation including setting up meeting space copying documents making name cards setting up laptop and PowerPoint equipment connecting participants through conference phone

d Maintain email lists in conjunction with the Alliance e Notice meetings per Public Meetings Law requirements f Assist the Alliance in preparing and disseminating a quarterly Alliance newsletter

COG is not responsible for creating or obtaining content for the newsletter and g Maintain Homeless Initiative web page on the COG website and provide up to six

(6) hours a month of IT support for the newly acquired and licensed Homeless Initiative web page

3 Executive Director Support

a Negotiate and approve goods and personal service contracts and contract amendments upon request of the Alliance

b Approve payments for monthly invoices c Provide executive level advice and support in working with the COG board of

directors and COG members d Authorize legal services upon request of the Alliance

Page 59 of 81

2

e Authorize IT services upon request of the Alliance f Attend MWVHA board meetings as needed and g Serve as the Collaborative Applicant for the 2020 NOFA process sign required

application documents

4 IT Support a Support development and maintenance of the Alliance website and b Other projects upon request of the Alliance and approval of Executive Director

5 Legal Services upon request of the Alliance and approval of Executive Director

6 Rates for services provided by COG are set forth COGrsquos fee schedule attached hereto as

Exhibit 1 (COG Board of Directors Resolution 2019-06) COG modifies its fee schedule annually on or about on July 1 of each year COG may modify the fees under this Agreement by not more than 15 for any individual fee upon adoption of a fee schedule for the 20-21 fiscal year and providing the Member Governments 10-daysrsquo notice of the modified fees The rates for services set forth herein apply to this Agreement and COG reserves the right to propose different rates in any future agreement pursuant to COGrsquos adopted fee schedule

Page 60 of 81

Page 61 of 81

Page 62 of 81

Page 63 of 81

Page 64 of 81

1

MID-WILLAMETTE VALLEY HOMELESS ALLIANCE GOVERNANCE CHARTER

FINAL ndash Approved by the CoC Development Council on 10-24-19 ratified by the Mid-Willamette Valley Homeless Alliance Board of Directors on 2-13-20

ARTICLE I CONTINUUM OF CARE NAME AND PURPOSE

A NAME OF THE CONTINUUM OF CARE (COC) The name of this organization is the Mid-Willamette Valley Homeless Alliance which serves as the regionrsquos Continuum of Care herein referred to as ldquothe CoCrdquo

B CONTINUUM OF CARE (COC) OVERVIEW 1 GEOGRAPHIC BOUNDARIES The CoC represents the geographic region within the boundaries of Marion

and Polk counties 2 PURPOSE The CoC is organized to carry out the purposes of the US Housing and Urban Development

(HUD) Continuum of Care program as described in 24 CFR Part 578 The CoC promotes communitywide commitment to the goal of preventing and ending homelessness provides funding for efforts by nonprofit providers and state tribal and local governments to quickly rehouse homeless individuals including unaccompanied youth and families while minimizing the trauma and dislocation caused to homeless individuals families and communities by homelessness promotes access to and effective utilization of mainstream housing and homeless services programs by homeless individuals and optimizes self-sufficiency among individuals and families experiencing homelessness Its work includes gathering and analyzing data to determine local needs of and resources available to people experiencing homelessness developing and prioritizing a menu of strategic responses collaboratively implementing a strategic plan promoting service coordination educating the public on homeless issues providing advice and input on homeless services operations leveraging resources for maximum impact and measuring and promoting strong program performance Through collaborative efforts of local and tribal governments school districts nonprofit organizations and other participating stakeholders the CoC seeks to develop an evidence-based system of services including stable housing designed to meet the unique and complex needs of adults youth children and families in Marion and Polk counties who are at risk of or are experiencing homelessness ICLE 3 ndash GEOGRAPHIC RE

ARTICLE II CONTINUUM OF CARE GOVERNANCE STRUCTURE

A BOARD OF DIRECTORS 1 NAME The name of the CoC governing board is the Mid-Willamette Valley Homeless Alliance Board of

Directors herein referred to as the ldquoCoC Boardrdquo or the ldquoBoardrdquo The CoC has established a governing board as required by 24 CFR part 5787(a)(3) The Board is responsible for the overall policy and direction of the CoC and may delegate responsibility for day-to-day operations to staff and committees

2 VOTING MEMBERSHIP The Board will consist of at least thirteen (13) voting members that have no

conflicts of interest as defined in Article III of this charter and 24 CFR part 57895 Board members will

Page 65 of 81

2

serve without compensation Board membership includes representation from the following organizations or subpopulations

a One representative from each of the following organizations

i Union Gospel Mission a faith-based organization ii The Confederated Tribes of Grand Ronde iii Local governments

(a) City of Independence (b) City of Keizer (c) City of Monmouth (d) Polk County

iv Salem-Keizer School District (24J) v Salem Health vi Homeless or formerly homeless individuals appointed by the Law Enforcement Assisted Diversion

Program and vii United Way of the Mid-Willamette Valley a nonprofit organization

b Two representatives from the City of Salem and Marion County In the alternative pursuant to

Section 11 of Article 2 Marion County and the City of Salem may appoint one representative who may exercise two votes

3 EX-OFFICIO BOARD MEMBERS In addition seven (7) ex-officio participants may serve as non-voting ex-

officio board members participating in discussions and representing such groups as a Marion County Salem and West Valley Housing Authorities b Mid-Willamette Valley Community Action Agency c Polk County Veteran Services and d Co-chairs of the CoC Collaborative Committee

4 BOARD SELECTION PROCESS

a The initial CoC Board of Directors will be nominated by the Development Council established by a 2019 Memorandum of Agreement in consultation with the stakeholders workgroup

b Each organization nominated for representation on the CoC Board will identify persons to serve who hold elected or senior staff roles in decision-making for that organization

c Members serve at the pleasure of the CoC Board d Any directors representing organizations newly added to the Board by amendment to this charter

will be nominated and confirmed by vote of the CoC board e Pursuant to 24 CFR part 5787(a)(3) the CoC Board will submit this written selection process to the

CoC Collaborative Committee described in Section D of this article and Board of Directors for review update and approval at least once every five (5) years

5 BOARD FINANCIAL CONTRIBUTIONS Each organization represented as a voting member on the CoC

board will contribute funds to supplement CoC operations contingent on the organizationrsquos budgetary

authority Contributions will be reviewed and approved annually by the CoC board

6 BOARD ALTERNATES Board members may designate an Alternate for a single meeting who can attend in the board memberrsquos place if the member must miss a meeting The Alternate must represent the same organization or subpopulation as the absent Board member Prior to the board meeting the absent Board member or his or her designee must communicate in writing to CoC staff confirming the Alternatersquos attendance and granting authority for the Alternate to vote

Page 66 of 81

3

7 TERMINATION The Board may remove any member when it determines it is in the interest of the CoC to do so Member terminations require a 23 vote of the appointed voting membership Reasons for removal include excessive absences from meetings conduct that is contrary to the Boardrsquos code of conduct or noncompliance with conflict of interest or other board policies

8 RESIGNATION Resignations by Board members shall be submitted in writing to CoC staff who will forward the resignation notice to board leadership Resignations will be announced at the next regularly scheduled board meeting For board positions representing designated organizations resignation is implied if a person seated on the board is no longer affiliated with the organization that appointed him or her The appointing organization is then responsible for assuring that another qualified person is appointed to represent that organization

9 MEETINGS Pursuant to 24 CFR part 5787(a)(1) the Board will meet at least semi-annually in conjunction with the CoC Collaborative Committee to conduct general CoC business Inclusive of these semi-annual joint meetings the board will meet at least quarterly and may meet more frequently at the call of the chair The CoC Board is a public body subject to the public meetings and record laws as stated in ORS Chapter 192 All meetings will be open to the public

10 QUORUM A majority defined as 50 plus one of the appointed voting Board membership will constitute a quorum for the transaction of all business at meetings Members may attend either in person or by conference call so long as persons in attendance and on the telephone can both hear and communicate with each other Members attending by telephone conferencing may be counted towards achieving a quorum

11 VOTING Each Board member will hold one vote on all matters brought before the board However in recognition of their significant financial contributions to the effort Marion County and the City of Salem may select two persons to represent each organizationrsquos interests on the CoC Board or in the alternative may select one representative who shall have two votes on any matter Board decisions shall be made by a majority of the total votes available to the entire appointed voting Board membership

12 NOTICE AND INCLUSION a The Board will provide for and give public notice reasonably calculated to give actual notice to

board members interested persons news media that have requested notice and general public notice Notice shall include the time and place for holding regular meetings The notice will also include a list of the primary subjects anticipated to be considered at the meeting Distribution of meeting notices will be in a manner that maximizes the potential of the public awareness of Board proceedings and for the public to participate in its deliberations

b Whenever possible matters resulting in a recommendation to the Board will be deliberated during a minimum of two meetings to assure maximum participation

c The Board encourages input to its deliberations and decision-making from a diversity of stakeholders including consumers and community members from diverse genders racial and ethnic origins cultural groups and geographic areas within the CoC boundaries CoC members are encouraged to bring ideas or concerns to the attention of the CoC Board and staff

d The Board will conduct outreach at least semi-annually with business organizations such as economic development forums chambers of commerce and Rotary clubs to inform business leaders about current issues surrounding homelessness and gather information from a business perspective

13 AGENDAS Items may be placed on a meeting agenda by any Board member or by CoC staff The agenda will be distributed to members and through public notice at least one week prior to a Board meeting

Page 67 of 81

4

B BOARD OFFICERS 1 CHAIR The Board will accept nominations and elect a chair annually The chair may be elected for

subsequent terms The chair will act as leader of the convened meeting and as the parliamentarian The chair will enforce Board policies and membership rules and will guide the conduct of public meetings The chair is the official Board representative and shall be the primary spokesperson to the media

2 VICE CHAIR The chair will select a vice chair with board consent In the absence of the chair the vice chair will assume the chairs responsibilities If neither the chair nor vice chair is available for a public meeting then the assembled quorum of the meeting will select a temporary chairperson to conduct the meeting

3 EXECUTIVE COMMITTEE LEADERSHIP The chair and vice chair serve as leaders of the CoC Executive Committee as described in Section E1

C STAFF RESPONSIBILITIES TO THE CoC BOARD

1 STAFF SUPPORTCOLLABORATIVE APPLICANT Subject to available funding for CoC operations Mid-

Willamette Valley Council of Governments (COG) will serve as the Collaborative Applicant described in

Article IV Section E and provide staff support that could be employees contractors and in-kind

support as well as in-kind materials and services to support the CoC To maintain a neutral role in

facilitating council meetings staff representing the COG will not hold authority to vote on matters

placed before the CoC Board

2 UNIFIED FUNDING AGENCY The CoC will seek designation as a Unified Funding Agency from the US

Department of Housing amp Urban Development

3 MEETING PREPARATION CoC staff is responsible for meeting preparation which includes

a Locating reserving and preparing the meeting space b Sending meeting notice agendas and minutes to the CoC distribution list one week prior to the

meeting and a reminder one day prior to the meeting c Compiling background materials and staff reports d Planning Board meetings in collaboration with the Executive Committee e Taking attendance at meetings and f Providing facilitation as needed

4 MINUTES CoC staff will serve as the CoC Board Administrator and prepare meeting minutes Minutes

will include a list of the members present motions proposals resolutions and orders proposed and their disposition the results of all votes and a vote by each member by name the substance of any discussions on any matter and reference to any document discussed at that meeting Minutes will be posted on the CoC website and distributed to the Board membership one week prior to the monthly meeting

5 RECORDS Pursuant to 24 CFR part 578103 and 24 CFR part 5785(b) staff will maintain CoC records to document compliance with HUD requirements including the following a Approved CoC governance charter that includes a written process to select the CoC board b Documentation of required reviews and updates including the annual charter review and review of

Board selection process every five years c CoC Board and committee rosters designating representation of sectors and subpopulations d Agendas and minutes of CoC Board committee subcommittee and workgroup meetings

Page 68 of 81

5

e Designation of a single Homeless Management Information System (HMIS) for the CoC f CoC applications for funds as set forth in 24 CFR part 5789 g Use of planning funds for eligible costs and other grant management documentation pursuant to 24

CFR part 57839 and h Completed and signed CoC conflict of interest forms required in Article III Section 5 of this charter

6 OTHER RESPONSIBILITIES CoC staff will maintain distribution lists distribute communications to CoC members and the community at large develop and maintain a CoC webpage support CoC committees and workgroups produce and submit applications for funds and perform other duties as assigned by the CoC Board to support the CoC

D CoC COLLABORATIVE COMMITTEE 1 PURPOSE The purpose of the CoC Collaborative Committee is to assist the Board in accomplishing the

responsibilities of the Continuum of Care as described in Article IV

2 MEMBERSHIP Participation in the Continuum of Care is open through the CoC Collaborative Committee to interested organizations and to interested individuals representing the community at large Member agencies will be responsible for identifying CoC representatives Participating agencies may have more than one person identified as a CoC representative Homeless and formerly homeless people are encouraged and supported to participate A roster of CoC Collaborative Committee participants will be maintained and posted on the CoC website

3 VOTING Each member organization and community at large member who has participated in at least two (2) meetings in the preceding twelve (12) months after the initial year of CoC operations shall have one vote at subsequent meetings on each matter submitted to a vote of CoC members To the maximum extent possible committee meetings shall operate on a consensus basis However members can request a majority vote on specific issues Agencies with more than one representative in attendance will determine in advance which representative will vote In all cases each member organization has only one vote

4 RESIGNATION Member agencies may resign from the CoC Collaborative Committee by sending a

written communication to CoC staff

5 CO-CHAIRS The CoC Board will appoint co-chairs to facilitate CoC Collaborative Committee meetings based on nominations from the CoC Collaborative Committee One co-chair will represent the public (governmental) sector and the other will represent the private (nongovernmental) sector Co-chairs will serve for two-year terms and may be reappointed by the Board

5 RECRUITMENT AND OUTREACH The CoC Board will publish and disseminate an open invitation at least annually for those within the CoC area to join as new CoC Collaborative Committee members CoC staff will document recruitment efforts The CoC Board will identify and address membership gaps in essential sectors and will recruit so that membership requirements are being met pursuant to 24 CFR part 5787 Outreach will be conducted to obtain representation from the following groups listed in 24 CFR part 5785(a)

a Nonprofit homeless assistance providers b Victim service providers c Faith-based organizations d Governments

Page 69 of 81

6

e Businesses f Advocates g Public housing agencies h School districts i Social service providers j Mental health agencies k Hospitals and health care organizations l Universities m Affordable housing developers n Law enforcement o Organizations that serve veterans p Homeless and formerly homeless individuals and q Other relevant organizations within the CoCrsquos geographic boundaries such as organizations and coalitions that serve unaccompanied youth employment councils substance abuse providers and early learning hubs

E COMMITTEES AND WORKGROUPS 1 STANDING COMMITTEES AND WORKGROUPS The CoC Board will appoint members representing

organizations participating in the CoC Collaborative Committee to the standing committees and workgroups listed in this section as E1 a through d The Board will also designate chairs or co-chairs to facilitate committee or workgroup meetings CoC staff will be assigned to take notes at committee and workgroup meetings and assure that CoC policies and processes are followed CoC staff will also maintain lists of committee and workgroup membership and post the lists to the CoC webpage a PERFORMANCE AND EVALUATION COMMITTEE The Performance and Evaluation Committee shall

review and recommend to the Board the policies timelines and scoring tools for application review and ranking process as part of the Continuum of Care competition for funds The Performance and Evaluation Committee shall also be responsible for monitoring and reviewing CoC-funded projects and general system performance The Performance and Evaluation Committee shall make recommendations to the CoC Board to improve system performance with input from the CoC Collaborative Committee Members of this committee may not have a conflict of interest described in Article III and may not be recipients of HUD funds i The CoC Board will appoint a subcommittee of not fewer than five (5) Performance and

Evaluation Subcommittee members to review and rank project applications during the annual process described in Article IV Section E

ii The Board will strive to appoint subcommittee members who are knowledgeable about homelessness and housing in the region and representative of relevant sectors subpopulations and geographic areas of the region

iii Subcommittee members must have completed conflict of interest forms on file with CoC staff affirming that they are not employees or do not have a business relationship or other conflicts of interest as described in Article III

iv Subcommittee members must be willing to dedicate time for application review and subcommittee meetings during the application process

b COORDINATED ENTRY COMMITTEE The Coordinated Entry Committee creates the policies and

procedures for the CoCrsquos coordinated entry system The committee is also responsible for monitoring the progress of organizations implementing coordinated entry to ensure it is functioning effectively arranging for technical assistance to participating organizations and recommending changes as necessary The committee shall recruit agencies for participation in coordinated entry

Page 70 of 81

7

c HMIS USERS WORKGROUP The HMIS Users Workgroup consists of representatives from organizations using the Homeless Management Information System (HMIS) The workgroup is co-chaired by the HMIS Lead organization or its designee and the HMIS Designated Coordination Entity as described in Article IVB2 The workgroup shall monitor the progress of organizations using HMIS develop strategies for improving HMIS ease of use troubleshoot data reporting and data quality issues and review and make recommendations on HMIS policies and protocols to the HMIS Lead HMIS Coordination Entity and CoC Board

d POINT-IN-TIME COUNT WORKGROUP The Point-in-Time Count workgroup shall work with the

HMIS Coordination Entity named in Section D2 to organize and conduct the Point-in-Time count including recruitment training and support of volunteer outreach workers for the event

2 SPECIAL COMMITTEES AND WORKGROUPS The Board may authorize the formation of special

committees or workgroups as necessary to deal with specific problems or issues as the Board believes appropriate The Board will appoint members to special committees and workgroups These special committees or workgroups will be time limited and be provided a scope of work from the Board Special committees and workgroups will report their findings and recommendations to the Board upon request or upon the conclusion of their work

3 EXECUTIVE COMMITTEE The Executive Committee is composed of the chair vice chair and at least

three additional Board members The committee works closely with staff to guide the work of the CoC Board Committee members may not serve on the Performance and Evaluation Committee Committee responsibilities include the following a Prepare meeting agendas and ensure matters are ready for Board meetings b Act on matters when authority has been delegated by the full Board to do so and c Act on time sensitive administrative matters that require a decision between Board meetings with

notice provided to all Board members prior to taking action and with the action(s) to be ratified at the next Board meeting Time sensitive administrative matters include but are not limited to required municipal state or federal reports and letters of support associated with grant applications Action will not be taken under this subsection if any Board member notifies the Board Chair of the members objection prior to the Executive Committees action on a time sensitive matter

4 APPEALS COMMITTEE The Board may appoint a committee of three (3) Board members to review and

make appeal decisions during the application process described in Article IV Section E Those appointed to the Appeals Committee may not have participated in the rank and review process must have signed conflict of interest forms on file with CoC staff and must affirm upon committee appointment that they do not have conflicts of interest with agencies applying for CoC Program funding In the alternative the Board may also delegate this responsibility to the Executive Committee

Page 71 of 81

8

ARTICLE III CONFLICT OF INTEREST AND CODE OF CONDUCT

NUUM OF CARE GOVERNANC A CONFLICT OF INTEREST

1 GENERAL PROVISIONS A conflict of interest is a situation in which a CoC Board member or one of his or her family members has a personal or financial interest that compromises or could compromise the Board or committee memberrsquos independence of judgment in exercising his or her responsibilities to the CoC It is the position of this CoC that conflicts of interest shall not compromise the CoCrsquos work and that even the appearance of a conflict shall be avoided in all circumstances

2 ADHERENCE TO CONFLICT OF INTEREST POLICY CoC Board and committee members are expected to adhere to the CoC Conflict of Interest Policy which requires the member to minimize conflicts of interest disclose ethical legal financial and other conflicts and remove themselves from decision-making if they would otherwise be called on to act on a conflict involving themselves their family members or entities with which they or their family members are closely associated Under the policy Board members are required to disclose actual or potential conflicts of interest as well as certain relationships and transactions No CoC Board member may participate in or influence discussions or resulting decisions concerning the award of a grant or other financial benefits to the organization that the member represents pursuant to 24 CFR part 57895

3 DEFINITIONS The CoC will assure that Board and committee members acknowledge the federal and state definitions of conflict of interest and are in full compliance with state and federal law a Conflict of Interest definitions aligning with federal statute are

i Conflict of Interest generally means a situation in which a Board member or his or her immediate family member has directly him- or herself or indirectly through another individual or entity a personal or financial interest that compromises or could compromise the Board memberrsquos independence of judgment in exercising his or her responsibilities to the CoC

ii Prohibited Conflict of Interest means a conflict of interest that would prevent a Board member from serving on the Board or participating in any of the Board activities A Board member who has a potential or actual Prohibited Conflict of Interest must resign from the Board Prohibited Conflicts of Interest include CoC compensation and employment loans federal employee status use of CoC equipment facilities assets or staff time for non-CoC purposes and acceptance of gifts gratuities favors or anything of monetary value

iii Issue-Specific Conflict of Interest means a conflict of interest that would prevent a Board member from voting on or being present during the discussion of a specific issue such as votes on contracts and CoC leadership

b Oregon Revised Statutes Chapter 244 defines actual and potential conflict of interests for members

of public bodies No Board or committee member shall participate in a decision in which he or she has a private pecuniary interest Affected members shall disqualify themselves from participation by written notification to the Board as required by ORS 244120

i A potential conflict of interest exists when a Board or committee member takes an action that

reasonably could be expected to have a financial impact on that member a relative or a business with which the member or members relative is associated The member may participate in an action after declaring the potential conflict and announcing its nature

Page 72 of 81

9

ii An actual conflict of interest exists when an action is reasonably certain to result in a special benefit or detriment to the member a relative or a business with which the member or members relative is associated The member will declare the actual conflict and announce its nature The member must then refrain from taking any official action except when the members vote is necessary to achieve a quorum When a vote is necessary to achieve a quorum the member may vote but may not participate in any discussion or debate on the issue out of which the actual conflict arises

4 PENALTIES A Board member who purposefully conceals a conflict of interest refuses to recuse him- or

herself from voting or engages in other conduct that violates the CoC Conflict of Interest policy will be subject to removal from the Board

5 ANNUAL DECLARATION Board and committee members are to annually receive a copy of the CoC Conflict of Interest Policy sign the CoCrsquos Conflict of Interest form and submit the form to CoC staff

B B CODE OF CONDUCT 1 GENERAL PROVISIONS CoC members are expected to observe the highest standards of ethical conduct

in the execution of their responsibilities to conduct themselves with courtesy and respect and to refrain from harassment intimidation discrimination and physical or verbal abuse

2 CONFIDENTIALITY CoC members must respect and maintain the confidentiality of sensitive information

they may gain from their association with the CoC This may include personal information about community members experiencing homelessness

3 RESPONSIBILITY AND INTEGRITY In the performance of their duties CoC members are expected to carry out CoC duties to the best of their abilities and to maintain the highest standards of integrity for actions with other CoC members including CoC Board members service providers service recipients and members of the general public CoC Board and committee members shall put forth honest effort in the performance of their duties to advance the CoCrsquos mission exercising sufficient control and supervision over matters for which they are individually responsible and should not do anything to bring the full CoC or its members into disrepute

4 MISUSE OF POSITION Misuse of position is prohibited A CoC member must not use his or her position with the CoC for personal gain or for the benefit of family or friends

5 COMMUNICATIONS CoC members shall make clear when communicating publicly or with the media whether they are speaking in their own name on behalf of their agency or organization or on behalf of the CoC if the CoC Board has empowered them to speak on the CoCrsquos behalf

6 WASTE FRAUD AND ABUSE CoC members shall disclose waste fraud abuse and corruption in the operation of the Continuum of Care to appropriate authorities

7 EQUAL OPPORTUNITY CoC Board members shall adhere to laws and regulations that provide equal opportunity for all people regardless of race color religion gender identity national origin ethnicity sexual orientation age or disability

Page 73 of 81

10

8 PENALTIES This Code of Conduct will be distributed annually to CoC members Members in violation of any portion of this Code of Conduct will be subject to disciplinary action which could include immediate termination from the CoC Board or CoC committees

9 ANNUAL DECLARATION Board members are to annually receive a copy of the Code of Conduct acknowledge receipt by signing a form and submit a copy of the signed form to CoC staff

O ARTICLE II CONTINUUM FCARE GOVERNANCE STRUCTURE

ARTICLE IV OPERATING THE CONTINUUM OF CARE

A CoC RESPONSIBILITIES The CoC Board is responsible for assuring that the following responsibilities are accomplished with broad participation from CoC stakeholders

1 Hold meetings of the full membership with published agendas at least semi-annually pursuant to 24 CFR part 5787(a)(1)

2 Make an invitation for new members to join the CoC publicly available within the geographic area at least annually pursuant to 24 CFR part 5787(a)(2)

3 Adopt and follow a written process to select a board to act on behalf of the CoC The process must be reviewed updated and approved by the CoC at least once every five (5) years pursuant to 24 CFR part 5787(a)(3)

4 Appoint additional committees subcommittees or workgroups pursuant to 24 CFR part 5787(a)(4)

5 In consultation with the Collaborative Applicant and HMIS Lead develop follow and update annually a governance charter which will include all procedures and policies needed to comply with Subpart B of part 5787 and with HMIS requirements as prescribed by HUD and a code of conduct and recusal process for the board its chair(s) and any person acting on behalf of the board pursuant to 24 CFR part 5787(a)(5)

6 Consult with recipients and subrecipients to establish performance targets appropriate for population and program type monitor recipient and subrecipient performance evaluate outcomes and take action against poor performers pursuant to 24 CFR part 5787(a)(6)

7 Evaluate outcomes of projects funded under the Emergency Solutions Grants (ESG) program and the CoC program and report to HUD pursuant to 24 CFR part 5787(a)(7)

8 In consultation with recipients of Emergency Solutions Grants program funds within the geographic area establish and operate either a centralized or coordinated assessment system that provides an initial comprehensive assessment of the needs of individuals for housing and services The CoC must develop a specific policy to guide the operation of the centralized or coordinated assessment system on how its system will address the needs of individuals and families who are fleeing or attempting to flee domestic violence dating violence sexual assault or stalking but who are seeking shelter or services from nonvictim service providers This requirement along with requirements established by HUD by notice is pursuant to 24 CFR part 5787(a)(8)

Page 74 of 81

11

9 In consultation with recipients of Emergency Solutions Grants program funds within the geographic

area establish and consistently follow written standards for providing CoC assistance as further described in 24 CFR part 5787(a)(9)

10 Designate and operate a single Homeless Management Information System (HMIS) for the geographic area including designating a single system and an HMIS lead reviewing revising and approving a privacy plan security plan and data quality plan for the HMIS ensuring consistent participation of recipients and subrecipients in the HMIS and ensuring that the HMIS is administered in compliance with HUD requirements pursuant to 24 CFR part 5787(b)

11 Develop a CoC plan that includes coordinating the implementation of a housing and service system that meets the needs of homeless individuals including unaccompanied youth and families The system shall include at a minimum outreach engagement assessment shelter housing supportive services and prevention strategies pursuant to 24 CFR part 5787(c)(1)

12 Plan for and conduct at least biennially a Point-in-Time Count of homeless persons within the geographic area as described in 24 CFR part 5787(c)(2)

13 Conduct an annual gaps analysis of the homeless needs and services available within the geographic area pursuant to 24 CFR part 5787(c)(3)

14 Provide information required to complete the Consolidated Plan(s) within the CoCrsquos geographic area pursuant to 24 CFR part 5787(c)(4)

15 Consult with state and local government Emergency Solutions Grants program recipients within the CoCrsquos geographic area on the plan for allocating Emergency Solutions Grants program funds and reporting on and evaluating the performance of Emergency Solutions Grants program recipients and subrecipients pursuant to 24 CFR part 5787(c)(5)

16 Prepare an application for funds that includes a collaborative process in response to a Notice of Funding Availability (NOFA) published by HUD under 24 CFR part 57819

17 OF THE COC AND THE COC BOARD

B CoC REPORTS The CoC Board shall approve the following reports and documents prior to releasing such reports and documents to the community

1 CoC Program Project Priority List 2 Inventory of Homeless Services 3 Annual or Biennial Point-in-Time Count Report 4 Housing Inventory Chart 5 Longitudinal Systems Analysis (LSA) and 6 Homeless Coordinated Entry System Report

Page 75 of 81

12

C CoC CORRECTIVE ACTIONS PROCESS 1 ANNUAL PROGRAM REVIEW CoC funded programs or projects will be reviewed by the Performance

and Evaluation Committee annually with findings reported to the CoC Board 2 RESPONSES TO IMPROVE PROGRAM PERFORMANCE

a Should the Board determine that a program is not meeting established performance measures staff will notify the program or project in writing The organization overseeing the program or project will have the opportunity to provide additional performance information within 30 days of receipt of the CoC notification

b If the program or projectrsquos performance is related to certain items as determined by the CoC Board such as late Annual Performance Report submissions unused funding low utilization low exits to permanent housing low scores on income measures or alignment of program participation with wait list protocols the CoC Board may place a program on probation to improve its performance

c During the probationary period the CoC will enter into a Performance Improvement Agreement with the program or project needing improvement listing specific expectations and timeline

d CoC staff will facilitate technical assistance as needed and available as part of the Performance Improvement Agreement The organization overseeing the program or project is responsible for requesting specific assistance in low-scoring performance areas and requesting clarifications from the CoC about performance measures and expectations

e The length of the probationary period will be proposed by the Performance and Evaluation Committee negotiated by CoC staff and approved by the CoC Board Extensions may be requested for extenuating circumstances and are subject to Board approval If the program or project does not fulfill the agreed-upon expectations included in the Performance Improvement Agreement the Board may reduce funding or ranking may reject future applications from that program or project for HUD CoC Program funds or other remedies approved by HUD

D DESIGNATING AND OPERATING A HOMELESS MANAGEMENT INFORMATION SYSTEM

1 HMIS PURPOSE The primary purpose of the CoCrsquos Homeless Management Information System (HMIS) is to aggregate data on homelessness across Marion and Polk counties to accurately describe the regionrsquos scope and evaluate the effectiveness of efforts to reduce and end homelessness The CoC uses HMIS to a Understand the characteristics and service needs of homeless people b Analyze how homeless people use services c Evaluate program effectiveness and outcomes d Improve access to and delivery of services for people experiencing homelessness and e Strengthen community planning and resource allocation

2 DESIGNATED HMIS ROLES Oregon Housing amp Community Services (OHCS) is designated as the HMIS Lead AgencyAdministrator Portland Housing Bureau is the vendor that provides the licensed software for the HMIS system Mid-Willamette Community Action Agency is designated as the CoC regionrsquos HMIS Coordination Entity designated by the HMIS Lead to coordinate data collection and data analysis for the region The CoC Board oversees the work of the HMIS partners

3 HMIS DECISIONMAKING AUTHORITY HMIS decisions which affect local CoC operations are made by the

HMIS Administrator in consultation with the HMIS Users Workgroup and HMIS Coordination Entity HMIS decisions which affect CoCs participating in statewide HMIS implementation will be made by the Northwest Social Services Connections Committee with representation from each CoC in Oregon The

Page 76 of 81

13

HMIS Lead will keep CoC staff informed of issues and decisions and will provide a summary of key decisions to the CoC Board at least annually

4 HMIS LEAD RESPONSIBILITIES Oregon Housing amp Community Services as HMIS Lead works closely with

the CoC and is responsible for maintaining the CoCrsquos HMIS system in compliance with HUD standards OHCS is responsible for coordinating the following activities a Providing operation security maintenance system auditing and technical support of HMIS central

hardware software and connectivity b Executing a written HMIS Participation Agreement with each Contributing HMIS Organization (CHO)

which includes the role obligations and authority of the HMIS Lead and the organization and requirements to comply with security privacy and data quality plans

c Setting up and managing user accounts access levels and passwords d Providing technical and user support for HMIS software including agency account set-up system

monitoring and testing problem diagnosis and resolution and routine software and information maintenance

e Providing and coordinating ongoing training and technical support for the system f Ensuring consistent HMIS participation by CoC and Emergency Shelter Grant (ESG)recipients and

subrecipients g Maintaining and updating a Privacy Plan Security Plan and Data Quality Plan h Ensuring the accuracy of data including regularly assessing that all participating agencies are

accurately and comprehensively capturing participant entry and exit dates and providing technical assistance to correct data quality challenges

i Coordinating regular end user meetings ie HMIS Users Workgroup meetings to discuss software updates data entry report writing and system management issues

j Serving as point of contact for end user questions and concerns k Assessing compliance with the CoCrsquos HMIS Policies and Procedures Manual l Maintaining contact with the software product developer to ensure consistent and uniform

communication among product support personnel and the community m Generating information on the communityrsquos homeless and housing situation for community

planning advocacy and funder reporting requirements n Assisting end users in the creation of custom reports and queries o Providing regular aggregate data reports to participating agencies CoC staff and the CoC Board p Reviewing and implementing product upgrades q Completing the Annual Homeless Assessment Report r Conducting regular data quality checks and providing reports to the CoC Board and s Serving as the applicant to HUD for grant funds to be used for HMIS activities for the CoCrsquos

geographic area as approved by the CoC Board

5 PROVIDER PARTICIPATION Any organization within the CoC geographic region that receives Continuum of Care Program and Emergency Solutions Grant (ESG) funds must participate in HMIS as a Contributing HMIS Organization (CHO) In addition the CoC encourages all providers of services to homeless individuals and families within the CoC geographic area regardless of whether they receive CoC or ESG funds to become a CHO and include their data in HMIS

6 HMIS MANUAL To ensure compliance with HUD requirements the HMIS Lead in collaboration with the

HMIS Coordination Entity HMIS Users Workgroup and other stakeholders is responsible for developing and annually reviewing and updating the CoCrsquos HMIS Policies amp Procedures Manual The manual provides the framework for the ongoing operations of the HMIS system It includes the CoCrsquos privacy data quality and security plans for the HMIS system At any time the HMIS Lead HMIS Coordination Entity HMIS Users Workgroup or CoC Collaborative Committee may identify elements of policies or

Page 77 of 81

14

procedures or other HMIS-related plans that need to be revised Recommendations for revisions are to be submitted to the HMIS Lead The HMIS Lead will present the HMIS Policies amp Procedures Manual to the CoC Board annually or more frequently if significant substantive changes are proposed

E PREPARING AN APPLICATION FOR FUNDS 1 PURPOSE A major function of the Continuum of Care is to prepare and oversee the applications for CoC

funds administered by HUD under the McKinney-Vento Homeless Assistance Act The CoC Program is designed to assist individuals and families experiencing homelessness and to provide the services needed to help them move into housing with the goal of long-term stability The CoC Program funds important housing and services programs such as permanent housing (including permanent supportive housing and rapid re-housing) transitional housing and supportive services programs HUD CoC Program funds are granted annually based on a national competition following the release a Notice of Funding Availability (NOFA) Recipients of Emergency Solutions Grant funds another homeless assistance grant administered under the McKinney-Vento Act are required by HUD to coordinate with the CoC The CoC addresses that requirement through coordinating with the ESG review and ranking process and ESG scoring tool development

2 COLLABORATIVE APPLICANT The Mid-Willamette Valley Council of Governments (COG) is designated as

the CoC Collaborative Applicant and is responsible for leading and supporting all aspects of the annual HUD CoC NOFA application process including submission of the Consolidated Application

3 PROJECT REVIEW PROCESS

a Immediately after HUDrsquos Continuum of Care Program NOFA is released the Collaborative Applicant will coordinate and carry out the activities needed to successfully submit a Consolidated Application on behalf of the CoC

b Tasks required for project review in preparation for NOFA submission include the following

i Prior to the NOFA release the Collaborative Applicant will develop a draft timeline for the NOFA process and design scoring tools and any corresponding local application materials to assist in the review and ranking of renewal and new project applicants Review and ranking materials will take into consideration both local and HUD priorities

ii Scoring tools and the draft timeline will be reviewed by the Performance and Evaluation Committee and recommended to the CoC Board for approval

iii Upon publication of the NOFA the Collaborative Applicant will schedule and publicize a date and time for a Technical Assistance Workshop and finalize the timeline and priorities for the NOFA process

iv Applicants may participate in the Technical Assistance Workshop At the workshop the Collaborative Applicant will present an overview of the NOFA and the process for reviewing and ranking applications The orientation will describe HUD application requirements supplemental local application materials the scoring tool and applicable deadlines and dates Applicants will also have an opportunity to ask questions The CoCrsquos NOFA timeline and application materials will be posted in the CoC webpage

v Applicants will complete and submit application materials by the established deadline vi Late applications will not be accepted vii As an exception to Article IVD3bvi applicants with significant extenuating circumstances may

submit a petition to CoC staff for an extension Extensions require the approval of the CoC Board or the CoC Executive Committee if delegated the authority for this purpose by the Board It is anticipated that exceptions will be granted in very rare circumstances and not applied in

Page 78 of 81

15

situations where advance planning could have resulted in the application being submitted timely

viii Incomplete applications cannot be supplemented with more information or materials to reach a level of completeness once submitted to the CoC for review and ranking but must be completed prior to HUD submission if selected for funding

ix A subcommittee of the Performance and Evaluation Committee is appointed by the CoC Board to review and rank project applications as described in Article II Section E Subcommittee members receive and review application and scoring materials prior to the subcommittee meeting in preparation to score each programrsquos application

x The subcommittee of the Performance and Evaluation Committee meets to jointly discuss and critique each application and may interview applicants as part of the meeting If applicant interviews are included in the review process all applicants must have the opportunity for an interview After discussion and any applicant interviews subcommittee members individually score applications based on the scoring tools

xi A preliminary ranked list is created by the following procedures (a) A ranked list is prepared based on a composite of raw scores for each application (b) Applications that do not meet certain threshold requirements as detailed on the scoring

tool will not be included on the ranked list (c) If the NOFA makes available bonus funds in a program area the highest scoring eligible

projects will be designated for bonus funding in those relevant program areas xii The CoCrsquos goals for priority funding are to promote high-performing projects in alignment with

community and federal priorities Scoring tools will reflect the communityrsquos implementation of local and federal priorities as determined by the CoC Board

xiii Scores and subcommittee feedback on applications are sent to applicants along with a reminder of the appeals process and deadline by the established deadline

4 REALLOCATION OF FUNDS HUD encourages CoCs to reallocate funds from projects with substandard

performance to higher priority community needs that also align with HUD priorities and goals Prior to the release of the NOFA the Performance and Evaluation Committee facilitates a reallocation discussion in consultation with the CoC Collaborative Committee and CoC Board Scenarios for potential reallocation decisions based on the CoCrsquos gaps analysis and strategic plan are provided to the Performance and Evaluation Subcommittee to consider during the ranking process Final reallocation decisions are approved by the CoC Board

5 APPEALS a APPEALS COMMITTEE As described in Article II Section E appeals are considered by the Appeals

Committee or Executive Committee as designated by CoC Board The Appeals Committee will be established only if an applicant requests an appeal

b ELIGIBILITY TO APPEAL Eligible applicants have the opportunity to appeal both their scores and

preliminary rankings prior to the ranked list being finalized and approved by the CoC Board i The following applicants are eligible to appeal

(a) An applicant that receives less funding than applied for (b) An applicant that is ranked below Tier 1 (c) An applicant that is ranked in the bottom third of Tier 1 (d) An applicant that believes its score is not reflective of the application information provided

or (e) An applicant that can describe bias or unfairness in the process that warrants the appeal

ii Applicants that have not met the threshold requirements are not eligible to appeal

Page 79 of 81

16

c APPEALS PROCESS i Appeals must be received in writing with supporting documentation by the established

deadline ii Notices of appeal must be based on the information submitted by the application deadline No

additional or new information will be considered iii The notice of appeal must include a written statement specifying in detail the grounds and

rationale asserted for the appeal iv Valid appeals will be read reviewed and evaluated by the Appeals Committee that will meet to

consider and deliberate appeals based on the applicantrsquos appeal statement and the application materials that the applicant originally submitted to the CoC

v The Appeals Committee will make modifications to the preliminary list based on the results of the appeals process Appeals Committee decisions must be supported by a 23 majority vote

vi The appealing agency will receive a written decision of the Appeals Committee within two (2) business days of the Appeals Committee meeting

vii Appeals Committee decisions result in the final prioritized list submitted for approval to the CoC Board

6 FINAL PRIORITIZED LIST OF APPLICATIONS

a A final ranked project list is submitted to the CoC Board for review and approval after appeals have been determined and the Appeals Committee has made any modifications to the preliminary prioritized list Any Board member with a conflict of interest must recuse himself or herself from all related discussions and abstain from voting on the final priority list As stated in Article II Section A and Article III Board members with conflicts of interest are subject to removal from the Board

b The Collaborative Applicant submits the CoCrsquos approved Consolidated Application to HUD prior to the HUD NOFA deadline

c Conditional award funding is typically based upon the prioritized list of Project Applicants that is submitted however actual awards and award amounts are determined by HUD

ARTICLE V CHARTER AMENDMENTS

1 PROCESS This governance charter may be amended at any CoC Board meeting by a 23 majority vote of the appointed voting Board membership Copies of proposed amendments will be available for review at least one week prior to the Board meeting at which the proposed amendments are considered The Board will seek prior review and recommendation by the CoC Collaborative Committee of any amendments to the charter unless circumstances require an immediate change In the latter situation CoC staff will provide an explanation of the circumstances and provide opportunity for comments and input prior to and as part of the Board meeting

2 FREQUENCY OF REVIEW The CoC Collaborative Committee and Board will review this charter annually

Page 80 of 81

PENDING CITY COUNCIL AGENDA ITEMS 04092020

APRIL 14 2020 - 630 PM APRIL 28 2020 - 630 PM

Agenda items due 1000 am 040920 Agenda items due 1000 am 042320

raquo Hearing amp ord Code changes (comm stds) (Fred)

raquo OLCC appl - The Tap Station (Hedlund) raquo Ordinance - code changes (HPC)

raquo Cherriotts Bus Stop Parking (Kie) raquo Liquor licensing policy

raquo Homeless Alliance IGA (Tom) raquo Alcohol concessions contract (Tom)

raquo AXON contract (Bob) raquo Event Center contract (TomShawn)

raquo Res 1526 USDA grant application (Shawn) raquo Info Report 3Q Finance Report (Gloria)

raquo raquo F Street Design RFP Selection (Kie)

raquo raquoraquo raquo MinutesNotesPACTracking Log

raquo raquo Liaison Reports MINET Park amp Rec

raquo MinutesNotesPACTracking Log and Planning

+ Urban Renewal Agency if needed + Urban Renewal Agency if neededMAY 12 2020 - 630 PM MAY 26 2020 - 630 PM

Agenda items due 1000 am 050720 Agenda items due 1000 am 052120

raquo Parking ordinance update review raquoraquo Arbor Day proclamation raquoraquo TSP Consultant presentation raquoraquo Museum presentation (Carly) raquoraquo Lot 7 DDA (ShawnTom) raquoraquo raquo MinutesNotesPACTracking Log

raquo raquo Liaison Reports Library WIMPEG

raquo MinutesNotesPACTracking Log and Museum Commission

+ Urban Renewal Agency if needed + Urban Renewal Agency if neededJUNE 9 2020 - 630 PM JUNE 23 2020 - 630 PM

Agenda items due 1000 am 060420 Agenda items due 1000 am 061820

raquo raquo Budget Adoption

raquo raquoraquo raquoraquo raquoraquo raquoraquo raquo MinutesNotesPACTracking Log

raquo raquo Liaison Reports Traffic Safety Historic Preservation

raquo MinutesNotesPACTracking Log and Independence Days

+ Urban Renewal Agency if needed + Urban Renewal Agency if neededFuture Items City Council LiaisonsIndpMonm IGA re MINET (City Mgr) Historic Preservation Commission Councilor Takacs2019 Transportation financing discussion (unf bsn) Hop amp Heritage Block Party Councilor CorrDuplex ADU worksession HPC worksession Independence Days Commission Councilor CorrJan 2021 - 9th St Sewer projects bid award (kie) Library Board Councilor MortonOverlay project award (Winter 2020) (Kie) MINET Councilor HicksF St Construction Award Museum Advisory Board Councilor MortonHoffmanGun club intersection project (wk ssn) (Kie) Parks amp Rec Committee Councilor Martin-WillisPublic Hearing LA-04-2018 (HPC code update) (Fred) Planning Commission Councilor Martin-WillisOnstreet parking regulations (BobTom) Traffic Safety Commission Councilor TakacsSidewalk program (KieShawnTom) WIMPEG Councilor Ranstrom-Smith(IMC) update Building Codes provisions

Budget MeetingsMar 25 Budget Committee Orientation (rescheduling TBA)May 6th Budget CommitteeMay 13th Budget CommitteeMay 20th Budget Committee (if needed)June 23rd Council - Budget Adoption

Page 81 of 81

  • Agenda
  • 31 March 24 2020
  • 61 Council Action Memo
  • 61 Cherriots Presentation
  • 71 Council Action Memo
  • 71 Tap Station OLCC application
  • 72 Council Action Memo
  • 72 AXON Proposal
  • 73 Council Action Memo
  • 73 Resolution 20-1526
  • 74 Council Action Memo
  • 74 Interim IGA
  • 74 COG Scope of Work
  • 74 MWHA Governance Charter
  • 91 04-09-2020
Page 2: City of Independence

73 Resolution 20-1526 Authorizing USDA Grant Application

(Staff Irvine) Council Action Memo

Resolution 20-1526

39 - 42

74 InterGovernmental Agreement Mid-Willamette Valley Homeless

Alliance Continuum of Care (Staff Pessemier)

Update Council Action Memo added Council Action Memo

Interim IGA

COG Scope of Work

MWHA Governance Charter

43 - 80

8 COUNCIL ANNOUNCEMENTS

9 GENERAL INFORMATION

91 Pending Agenda Calendar

04-09-2020

81

10 ADJOURN

Page 2 of 81

Page 1 of 7 City Council Minutes 03-24-2020

City of IndependenceCity Council Meeting

Tuesday March 24 2020 Minutes

1

PLEASE NOTE The Mayor and City Councilors will be attending the meeting via teleconference The Chambers will be open for public comment The city asks that attendees use Oregon Health Authority social distancing recommendations and the room will be limited to no more than 25 persons

CALL TO ORDER The meeting was called to order at 630 pm by Mayor John McArdle

2 ROLL CALL

Council Chambers Remote

Elected Officials Present Mayor McArdle Shannon Corr

Kathy Martin-WillisMarilyn Morton Jennifer Ranstrom-SmithTom Takacs

City Staff Present Tom Pessemier City Manager Gloria Butsch Finance DirectorKarin Johnson City Recorder Kie Cottam Public Works DirectorJason Kistler IT Manager Fred Evander Senior Planner

Shawn Irvine Econ Devel DirectorRobert Mason Chief of Police

AbsentCouncilor Michael Hicks (excused)

3 MINUTES The minutes of the March 10 2020 Regular Meeting and the March 14 2020 Special Meeting were submitted in the agenda packet

ACTIONCouncilor Morton moved to approve the minutes of March 10 2020 and March 14 2020 as submitted Councilor Martin-Willis seconded Motion passed 5-0-0 AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

Page 3 of 81

Page 2 of 7 City Council Minutes 03-24-2020

4 VISITORSPUBLIC COMMENTS41 Anne Scheck Here representing Trammart News and Publishing regarding feedback received

With all the discussion regarding city debt water bills regarding MINET many are appreciating MINET in our time of need

Many are asking that utility billing mailings contain reassurances regarding water supply

Regarding the library parents are asking if they are able to check out or have access to books

In Riverview Park and the Library parking lot there is WiFi does the stay at home order include a ban to going there Is there a request to stay in a car or be in a particular area

Could the City Facebook page have updates regarding upcoming events such as Touch-A-Truck are posted

She thanked the city for organizing this so citizens can tune in to listen perhaps make available on the city Facebook site on how to do this City Manager Pessemier noted that the Governorrsquos order covers some portions of the park people can drive to the park and the library parking lot ndash free WiFi is there and has been available for some time

5 REPORTSPRESENTATIONS51 Mayor McArdle

We are facing big challenges ndash challenges that most of us have never dealt with before Many people are worried and have legitimate questions He understands ndash he has his own concerns He is also confident because of the people in our community and our great staff that are doing everything they can to provide the safest quality of life for us

He is honored to be working with Mayor Cec Koontz Fire Chief Ben Stange Superintendent Jennifer Kubista WOU President Rex Fuller and Representative Paul Evans ndash all working to provide service - working to provide for our communities provide information and focused on keeping everyone safe

He has two requests ndash we want to keep people safe Need to do social distancing Everyone is to take personal responsibility we donrsquot have to try to fix things in Portland in Washington DC ndash he is asking us to impact the people you know and touch Help to set a new community standard that we will have social distancing ndash this is important for our seniors those with compromised immune systems cancer victims and our youngest residents who have little or no immune system We all need to do what we can to keep them safe So he is asking everyone to do two things

1 Take personal responsibility that this is the new standard ndash maintain social distancing in the store and any time there are people around you Parents talk to your kids young people talk to your friends Make this the new expectation of being a good neighbor in our community - social distancing is a way to keep safe

2 Reach out to neighbors family friends People donrsquot like having to be inside Take some time call gramma grandpa Call folks that you know that arenrsquot able to get out Call your mom parents call your kids Call your friends Make sure they donrsquot feel

Page 4 of 81

Page 3 of 7 City Council Minutes 03-24-2020

alone This is a time when we will define our community state and nation this is a new time and how we deal with this makes a huge difference

He is confident that we will overcome this ndash things will get better it may take weeks or months but it will happen Please do your part to make our community a safe place and a healthy place because we are going to come back on the other side of this because we live in Independence and good things are going to happen here

52 City Manager He noted that we are not broadcasting live we donrsquot want to overwhelm our systems We do not have expensive broadcasting routers and such that could handle this for now we are recording the meeting and will post it online We are looking for live stream options at future meetings

We know that many small businesses are barely holding on residents are living paycheck to paycheck and perhaps no paycheck in the immediate future We know we will have to change our policies to help our residents through these unprecedented times Wants people to know that this Council and the city cares about its residents and we are doing what we can to work through this challenging time together Together we will get through this and Independence will remain an amazing place to live work and play

Managerrsquos report On Saturday March 14th only ten days ago we had special meeting went

through the Vision 2040 statements It was a great exercise and it puts the finishing touches on the plan with some great ideas for moving forward Couldnrsquot do the priorities setting afterward he appreciates council indulgence so that he could spend time with management staff to meet regarding our Covid-19 response

Working 7 daysweek regarding city operations We are in a good place with all employees working and have modified nearly every operational procedure

We continue taking the lead from Centers for Disease Control Oregon Health Authority and the Oregon Governor and we are staying in our lane supporting our community and the residents we serve

Status of city facilities City hall is closed to the public as of tomorrow Staff is available via

telephone or online A drop box will be placed in the lobby for residents Police dept visitors by appointment only Any non-emergency calls will be

taken over the phone Municipal court arraignments are canceled to May The library is closed to the public The museum is closed The boaterbiker campground is closed Playgrounds are closed Signs have been put up signs to remind all to use social distancing in all

parks All events are closed at city hall The building department is working doing as much digitally as we can we

are looking at ways to do inspections etc

Page 5 of 81

Page 4 of 7 City Council Minutes 03-24-2020

Employees are taking many precautions social distancing is observed and a policy has been set Staff is telecommuting as much as possible

Communications Have appointed Sgt Lyle Gilbert as PIO he has had training for this We are going to be working with our local partners to get information out as much as we can Working on the website getting multiple pages available The website will always have the most current information

The Spanish-version website went live tonight We continue to work collaboratively with information releases Small businesses ndash take-out is available and we need to support them now

more than ever The hotel is open people are using it for their remote office Looking at potentially standing up the Emergency Operations Center The Vision 2040 meeting was a good diversion for all of us Advice is that even

in the worst times work on projects for the future something constructive The City continues toward a bright future

Councilor Morton asked if there was a moratorium on water shutoffs Pessemier said yes that we have committed to this to the beginning of May and will extend it as needed Also we will not apply late fees

6 UNFINISHED BUSINESS None

7 NEW BUSINESS71 Bid Award ndash Sunset Park Public Works Director Cottam summarized the Council memo as submitted in the agenda packet Staff is requesting the authority to award the contract for services for Sunset Park to the low bidder KampE Excavation in the amount of $9258000

ACTIONCouncilor Martin-Willis moved to award the contract for services for Sunset Park to KampE Excavation for $92580 and an allowance of $9258 for contingency and authorize the City Manager to execute the necessary contract documents Councilor Morton seconded Motion passed 5-0-0 AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

72 Bond Refinancing Finance Director Butsch summarized the Council memo as submitted in the agenda packet This would authorize the City Manager or designee to proceed with bond refunding of the MINET 2010 A and 2017 B bonds and SPWF Hoffman Rd loan when savings become beneficial to the city She noted there is some proposed legislation to help local governments lift moratorium on advance refundings if it happens it would give us a few more opportunities Discussion of motion Pessemier noted that formal council action would be needed this would enable staff to move quickly

ACTION Councilor Morton moved to authorize the City Manager or designee to proceed with refunding of any applicable bonds and loans when the market stabilizes and refunding provides sufficient savings Councilor Takacs seconded Motion passed 5-0-0

Page 6 of 81

Page 5 of 7 City Council Minutes 03-24-2020

AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

73 Release of Easement City Manager Pessemier summarized the Council memo as submitted in the agenda packet This would release an existing utility easement granted to the city as part of the Independence Landing project a new easement has been provided

ACTIONCouncilor Corr moved to declare the Public Utility Easement dated November 21 2018 and recorded December 6 2018 Instrument No 2018-014074 as abandoned and no longer in use by the City and authorize the City Manager to execute any documents necessary to release this easement in an executed and recorded Release of Easement Councilor Ranstrom-Smith seconded Motion passed 5-0-0 AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

74 Resolution 20-1524 Authorizing Grant Application Economic Development Director Irvine summarized the Council memo as submitted in the agenda packet This is for a grant application from the Oregon Parks amp Recreation Department for redevelopment of Riverview Park Proposing to utilize SDC funds for grant match

ACTIONCouncilor Ranstrom-Smith moved to approve resolution 20-1524 Authorizing a Grant Application to Oregon Parks amp Recreation Department Councilor Morton seconded Motion passed 5-0-0 AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

75 Resolution 20-1525 Authorizing Grant Application Economic Development Director Irvine summarized the Council memo as submitted in the agenda packet This is for a grant application from the Oregon Land amp Water Conservation Fund for redevelopment of Riverview Park Proposing to utilize SDC funds for grant match

ACTIONCouncilor Martin-Willis moved to approve Resolution 20-1525 Authorizing Application for a Local Government Grant from the Oregon Land amp Water Conservation Fund Councilor Takacs seconded Motion passed 5-0-0 AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

76 Council Bill 2020-02 Amends Independence Development Code File No LA-2019-04 Planner Evander summarized the Council memo as submitted in the agenda packet Staff is submitting the legislation that would amend the Independence Development Code as approved at the public hearing for Legislative Amendment

Page 7 of 81

Page 6 of 7 City Council Minutes 03-24-2020

LA-2019-04 at public hearing on February 25th

ACTION1st MOTION Councilor Morton moved to read the proposed Ordinance Council Bill 2020-02 in full as the text is contained in the Council packet for the first time Councilor Takacs seconded Motion passed 5-0-0 AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

City Recorder Johnson read the ordinance title

2nd MOTION Councilor Martin-Willis moved to read the proposed Ordinance Council Bill 2020-02 for the second time by title only Councilor Ranstrom-Smith seconded Motion passed 5-0-0 AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

City Recorder Johnson read the ordinance title

3rd MOTION Councilor Martin-Willis moved to adopt the proposed Ordinance Council Bill 2020-02 Councilor Takacs seconded Motion passed 5-0-0 AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

City Recorder Johnson announced the bill passed and will be assigned ordinance number 1576

Councilor Martin-Willis thanked Evander for his diligent and persistent work on this project

Mayor McArdle thanked staff for putting this meeting together appreciates all city staff to keep us moving forward

8 COUNCIL ANNOUNCEMENTS None

9 GENERAL INFORMATION Items submitted in the packet are for information only no action was required by city council

10 ADJOURN There being no further business to come before the council Councilor

Page 8 of 81

Page 7 of 7 City Council Minutes 03-24-2020

Martin-Willis moved to adjourn motion passed 5-0-0 AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

Meeting adjourned 719 pm

__________________________________MAYOR JOHN McARDLE

ATTEST

____________________________________Karin Johnson MMC City Recorder

Page 9 of 81

Page 10 of 81

555 South Main Street Post Office Box 7 Independence OR 97351

Phone 503838-1212 Fax 503606-3282 email kcottamciindependenceorus

[ ] Information Only [ X ] Action Requested

Statement of IssueStaff is requesting the authority to allow Cherriots Public Transportation services to install 12 new bus stops in Independence

BackgroundCherriots has made 2 previous presentations to council for new bus route and service one in June 2019 and one this year on February 25th Today is the final presentation and request for installation of 12 new bus stops

DiscussionThe city has committed to improving public transportation with several partners Cherriots Public Transportation is an important link to our neighboring cites in Polk County This new service will enter neighborhoods frequently to provide transportation alternatives We are asking council for permission to install yellow curb at these stops approximately 50rsquo is needed for the bus to safely load and unload riders That is the equivalent of 2 parking spaces per stop The stops were placed with taking the minimal amount of parking in mind Both the Public Works Dept and Police Dept inspected and approved every stop proposed We estimate that fewer than 16 parking spots will be needed city wide

Fiscal ImpactCherriots will install and paint the curbs yellow the city will then maintain the stops from the transportation dept funds I do not have an exact amount for maintaining the stops however impact will be minimal

Options1 Approval to allow Cherriots Public Transportation Services to install 12 new bus stops in Independence 2 Defer action requesting additional information3 Deny request

CITY OF INDEPENDENCEPUBLIC WORKS MEMORANDUM

TO Mayor and City Council FROM Kie CottamMEETING DATE 04092020

SUBJECT Cherriots Bus Route 45

Page 11 of 81

555 South Main Street Post Office Box 7 Independence OR 97351

Phone 503838-1212 Fax 503606-3282 email kcottamciindependenceorus

RecommendationSuggested MotionStaff recommends Option 1

Suggested Motion ldquoI move to authorize Cherriots Public Transportation Services to install 12 new bus stops in Independence at the locations as provided by Cherriots staffrdquo

AttachmentsA Cherriots Presentation

Memo prepared by Kie Cottam PW Director

Page 12 of 81

492020

1 1

Route 45 Bus Stop Parking RemovalsIndependence City Council Meetingndash April 14 2020By Ted Stonecliffe Transit Planner II

2

Introductionbull Public outreach completedbull Purpose of bus stop parking removal requestbull Responses to neighbor concernsbull Vehicle typebull Locations of bus stops proposedbull Next stepsbull Conclusionsbull Questions and answers

1

2

Page 13 of 81

492020

1 2

3

Public outreach completed

Public surveybull Conducted in-person outreach events and a six-week online

survey in Summer 2019City council appearances

bull June 2019 February 2020 April 2020

Property owners adjacent to new stopsbull Sent letters certified return receipt USPS mail to each

adjacent property ownerbull Door hangers placed on 160 doors in vicinity of on-street

parking removals and new bus stopsbull Website with all the details cherriotsorgNewRoute45

4

Purpose of bus stop parking removalsbull Buses must have direct access to the curb in order to

loadunload passengers safely especially in mobility devicesbull In order to comply with the Americans with Disabilities Act

(ADA)

Responses to concerns

bull Worked with neighbors on 4th Street to find a better southbound bus stop location

bull Eliminated northbound bus stop on 13th Street in response to neighbor complaint

bull Minimizing parking removals for E Street due to heavy on-street parking occupancy

3

4

Page 14 of 81

492020

1 3

5

Vehicle typebull 25-ft long 14 seats wheelchair lift-equippedbull Needs 50 feet of parking removed at each location

6

Route 45 bus stop locations in Independence (12 new 4 existing)

Monmouth Independence

5

6

Page 15 of 81

492020

1 4

7

Website examples of parking removals

E Street (between 10th and 11th ) Main Street Oak Street

8

Next Stepsbull Seek approval for stops and no-parking zones from three cities ndash

April amp May

bull Release bid package to potential contractors ndash June or July

bull Begin marketing new service at least 30 days in advance of launch

bull Install new stop poles amp signs ndash August

bull Launch new service September 2020

bull Continue marketing new service actively in September

7

8

Page 16 of 81

492020

1 5

9

Conclusionsbull Public outreach allowed public to weigh in on service

design and bus stop locationsbull Property owners have been notified of pending parking

removals by the citybull Removal of parking is necessary for the safety of the riding

public and to comply with the ADAbull Worked with community members and city public works

department to develop final planbull Request for parking removals for bus stops will come from

public works department (Kie Cottam)

10

Questions

9

10

Page 17 of 81

492020

1 6

11

11

Page 18 of 81

CITY OF INDEPENDENCE OREGONMEMORANDUM

TO Honorable Mayor and City Council

FROM Tom Pessemier City Manager

SUBJECT New Establishment Liquor License Applicant

DATE April 9 2020

Action Requested X Information Only

Statement of Issue

The Tap Station LLC DBA The Tap Station located at 87 N Main St has made an application with the Oregon Liquor Control Commission for Additional Privilege This license would allow the licensee to sell wine malt beverages and ciders for Off-Premises Consumption This application is submitted as a result of the recent restrictions put into place for licensed establishments regarding COVID-19 The additional license would allow The Tap Station to selldeliver their products to the consumer for off-premises consumption I have spoken to the OLCC regarding this and they are currently seeing a large increase in these applications and as a result are granting 90-day temporary authority at application with a requirement for follow-up reviewrecommendation by the local authority prior to final decisions or issuance

Background

In 1992 our City adopted resolution 881 which establishes criteria for screening liquor license applications The police department was assigned the task to do initial reviews of each liquor license application The police department then completes a staff report on those findings for the City Council review

Analysis

I have conducted a background investigation for The Tap Station as well as Christopher Ream and did not locate any issues I believe would hinder his operation of this business Christopher has owned and operated The Tap Station since he took over its ownership in the middle of 2019 with no issues or calls for service related to alcohol at the establishment

Fiscal Impact

Page 19 of 81

As of this date I do not know if the fees for this application have been paid

Options

1 Council may recommend approval for this establishment pending the payment of all city fees

2 Council may recommend denying the license for this establishment if reasonable grounds can be established

3 Council may impose an option of its own choosing

Recommended Motion

Option 1 I move to recommend approval of the above liquor license request pending payment of all fees

Attachments

Liquor license application for Additional Privilege

Memo Prepared by

Sergeant Justin Hedlund 46248

Page 20 of 81

reg Read ImportantOregon law requires that every applicant for a liquorlicense obtain a written recommendationfrom the governing body of the county if the place of business of the applicant is outside theincorporated city or from the city councilif the place of business of the applicant is within anincorporated city You must take the attached a lication forms to the a ro riategoverning body After the endorsement process is completed a representative from the city orcounty willcontact you to pick up the application You may deliver the application to the OLCCoffice or retain it until it is requested by the license investigator

Oregon Liquor Control Commission200 Hawthorne Avenue SE Suite Bmdash210Salem OR 97301

Questions Call (503) 378-4871

Page 21 of 81

OREGON LIQUORCONTROLCOMMISSION

LIQUORLICENSEAPPLICATION1 Application Do not includeany OLCCfees with your application packet (the licensefee willbe collected at a latertime) Application is being madefor

LicenseApplied For CITYAND COUNTYUSEONLYBrewery 1st LocationBrewery 2nd LocationBrewery 3rd Location

BrewerymdashPublicHouse 1st LocationBrewery-Public House Znd LocationBrewerymdashFublicHouse 3rd LocationDistillery

Date application received andordate stamp

Name of City or County

FullOn~Premises CommercialFullOnmdashPremisesCatererFull OnmdashPremisesPassenger Carrier

FullOn~Premises Other Public LocationFullOnmdashPremisesFor Profit Private Club

Recommends this license be

III Granted D Denied

FullOnmdashPremisesNonprofit Private Club By

Grower Sales Privilege 1st Location

E Grower Sales Privilege 2nd Location Datelsquo

Grower Sales Privilege 3rd Location OLCCUSEONLYLimited On~Premises

Dateapplictiop receivedOffmdashP lsquo

XI remises

Off-Premises with Fuel PumpsK

V lsquo

Warehouse

ByWholesale Malt Beverage amp Wine

Winery 1st Location LicenseAction(s)Winery Znd Location

Winery 3rd Location

Winery 4th Location He _ Winery 5th Location I IIraquo

2 ldentifythe app|icant(s) applyingforthe license(s) ENTITY(example corporation or LLC)or IND|VlDUAL(S)applyingfor the license(s)

__ raquomdash F7)lee leeSTPiTOs3LLC EmsectQEoCgcEm

(Applicant1) (Applicant2)w JUN

mt I

(Applicant3) (Applicant4) REU_w_lsquo _ -KJI

3 Trade Name ofthe Business (Name Customers Will See)

rdquozTrsigtsectT1rsquorIOlsquovlsquo)4 Business Address (Number and Street Address of the Location that will have the liquor license)

euro7 3 H-IMFraquo STCity ZipCelNraquoDeuroPtNDtNltE rsquoigtoLg 733i

County

OLCCLiquor License Application (Rev 1110)

Page 22 of 81

TtEliigtsectTlTOM5 Trade Name of the Business (Name Customers WillSee)

6 Does the business address currently have an OLCCliquor license E YESlNo7 Does the business address currently have an OLCCmarijuana license EYESXJNO

VDTEOK318 MailingAddressPOBox Number Street Rural Route (where the OLCCwillsend your mail)

City

sectPxE

State

GELZip Code

973019 Phone Number of the Business Location

Btu3amp3 I 17w10 EmailContact for this Application

xxoLtCoIVi11 Contact Person for this Application

Otilsect ilElsquotM

VierctP one Number

OmrsquoSlWtCW3rsquoContact Persons Mailing Address (if different)

701eatevtao we seCity

Sltuim

State Zip Code

OR 0tlsquoIsect07__

Please note that liquor license applications are public records A copy of the application will be posted on the OLCC

website for a period of several weeks

I understand that marijuana (such as use consumption ingestion inhalation samples give-away sale etc) isprohibited on

the licensedpremises

I attest that allanswers on all forms documents and information provided to the OLCCare true and complete

Applicant Signatu rels)

- Each individual person listed as an applicant must sign the application

0 if an applicant is an entity such as a corporation or LLCat least one person who is authorized to sign for the entity

must sign theapplication- A person with the authority to sign on behalf of the applicant (such as the applicants attorney or a person with

power of attorney) may sign the application Ifa person other than an applicant signs the application please

wideroo fsignatureauthority

(A (Applicant2)

(App|icant3) (App|icant4)

otcc Liquor License Application (Rev 11201

Page 23 of 81

OREGON LIQUOR CONTROL COMMISSION

BUSINESS INFORMATION

Please Print or Type

Applicant Name ItET9 StPtT1gtsectgt Phone euroL FZFIVITrade Name (dba) THETAP 3 Tioixs

Business Location Address

City BEPEHDEMCF ZIP Code Ci73sectl

DAYSAND HOURS OF OPERATION

Business Hours Outdoor Area HoursSunday 7mdash- to E2314 Sunday

toMondairsquo __i T0_m MondayTU95daY A I0 E TuesdayWednesday i to WednesdayThursday 3 to

EIFriday __L to __jSaturday IS to I

The outdoor area is used for

KlsquoFood service

Aicohol service

Hours

to

area is adequately viewed andorused by Service Pennittees

(investigators Initials)

Seasonal Variations l31YesEl No if yes explain USEH-qkxig LQ1+JTiZHOOKZRuse Co-mgt-q HRS QceemdashClsquonpoundboeuroeuroeuroJiigtmecent HDUKB

ENTERTAINMENT Check anthat app|y DAYS amp HOURS OF LIVE OR DJ MUSIC

MLive Music E Karaoke

tE Recorded Music D CommdashoperatedGames sectrj3 tgDJ Music B Video Lottery Machines Tuesday to

Wednesday toD Dancing WSocial Gaming Thursday SIDSFriday g to D Nude Entertainers D Pool Tables Saturday 3 to I

D Other

SEATINGCOUNT

Restaurant Outdoor grCraquo OLCC USE ONLY

lsquobk Investigator Veried Seating__(Y) __(N)

Lounge _pound_ Other (explain)mvasgamllnmms

I

lsquo

Banquet Total Seating Date

I understand if my answei7euro)ote a complete the OLCC may deny my license application

Applicant SignatureU

-lsquo Date 3 Z3 lsquoT Z0101-800-452-OLCC (6522)

wwworegongovolcc yrsldquo 1207)Page 24 of 81

555 South Main Street Post Office Box 7 Independence OR 97351

Phone 503838-1212 Fax 503606-3282 email tpessemierciindependenceorus

TO Mayor and City Council FROM City Manager Tom Pessemier MEETING DATE April 14 2020 SUBJECT Approval of 5-year sales contract for

AXON services [ ] Information Only [ X ] Action Requested Statement of Issue A 5-year sales contract with AXON for body-worn cameras Tasers and digital cloud-based storage with software interface is submitted for council consideration Background In 2014 the City of Independence started using body worn cameras in the police department We started by testing different platforms selecting AXON as our preferred provider then negotiated a 5-year contract which was partially grant funded Our current contract expires this month and we have negotiated a new contract for Council consideration Discussion Included in the contract being considered today AXON provides body cameras and Tasers for our officers and CSOrsquos training and training aids and Taser devices for our patrol staff to wear while on patrol These devices are covered under a warranty for the life of the contract as well as a provision for camera replacement around the half-way point of the contract to the newest technology available Certification training for our instructor to be certified to train our staff and other training materials are also included The sales contract also includes software and cloud storage of video The AXON platform which we currently use allows us the ability to transfer video directly to the DArsquos office or others electronically rather than having to build DVDrsquos of video which has saved our records department a lot of time It also provides the ability for citizens to upload video directly to our AXON cloud as well as video redaction capabilities which allows us to comply with Oregon law

CITY OF INDEPENDENCE MEMORANDUM

Page 25 of 81

555 South Main Street Post Office Box 7 Independence OR 97351

Phone 503838-1212 Fax 503606-3282 email tpessemierciindependenceorus

Fiscal Impact The total 5-year contract cost is $131786 broken into annual payments of $26357 Funds are available for this fiscal year in the police department operating budget Funds would be included in the police department budget request for contract years 2-5 Options

1 Approve the contract as proposed 2 Approve the contract with amendments 3 Take no action

RecommendationSuggested Motion Staff recommends Option 1

ldquoI move to authorize the City Manager to sign a service contract for body worn cameras tasers and cloud storage with AXONrdquo Attachments

A Proposed AXON contract

Memo prepared by Robert Mason Police Chief

Page 26 of 81

Payment Terms Net 30

Delivery Method Fedex - Ground

Q-251225-43927723KP

Year 1

Item DescriptionTerm

(Months)Quantity

List Unit

Price Net Unit Price Total (USD)

Axon Plans amp Packages

20248 TASER 7 EVIDENCECOM ACCESS LICENSE 60 1 000 000 000

73687 EVIDENCECOM VIEWER LICENSE 60 1 000 000 000

73746 PROFESSIONAL EVIDENCECOM LICENSE 60 11 000 000 000

73686EVIDENCECOM UNLIMITED AXON DEVICE

STORAGE60 11 000 000 000

73683 10 GB EVIDENCECOM A-LA-CART STORAGE 60 110 000 000 000

73449 AWARE LICENSE 60 11 000 000 000

20248 TASER 7 EVIDENCECOM ACCESS LICENSE 60 11 000 000 000

20246TASER 7 DUTY CARTRIDGE REPLACEMENT

ACCESS LICENSE60 11 000 000 000

73683 10 GB EVIDENCECOM A-LA-CART STORAGE 60 10 000 000 000

73840 EVIDENCECOM BASIC ACCESS LICENSE 60 10 000 000 000

Hardware

20160TASER 7 HOLSTER - SAFARILAND RH+CART

CARRIER11 000 000 000

75015 SIGNAL SIDEARM KIT 11 000 000 000

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

Issued 04062020

Quote Expiration 05152020

Account Number 110011 Axon Enterprise Inc17800 N 85th St

Scottsdale Arizona 85255

United States

Phone (800) 978-2737

Protect Life

PRIMARY CONTACT

Justin Hedlund

Phone (503) 837-1109

Email hedlundjustinciindependenceorus

BILL TO

Independence Police Dept - OR

P O Box 7

Independence OR 97351

US

SHIP TO

Justin Hedlund

Independence Police Dept - OR

555 S Main Street

Independence OR 97351

US

SALES REPRESENTATIVE

Kyle Panasewicz

Phone (480) 905-2071

Email kylepaxoncom

Fax (480) 658-0673

Q-251225-43927723KP

1

Page 27 of 81

Year 1 (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware (Continued)

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

20014TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE STANDOFF (322 000 000 000

20015TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE CLOSE QUART22 000 000 000

20008TASER 7 HANDLE HIGH VISIBILITY (GREEN

LASER) CLASS 3R11 000 000 000

20040 TASER 7 HANDLE WARRANTY 4-YEAR 11 000 000 000

20018 TASER 7 BATTERY PACK TACTICAL 13 000 000 000

20041TASER 7 BATTERY PACK WARRANTY 4-

YEAR13 000 000 000

20042TASER 7 DOCK amp CORE WARRANTY 4-

YEAR1 000 000 000

70033WALL MOUNT BRACKET ASSY

EVIDENCECOM DOCK1 000 000 000

74200 TASER 7 6-BAY DOCK AND CORE 1 000 000 000

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)33 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)33 000 000 000

20016TASER 7 INERT CARTRIDGE STANDOFF

(35-DEGREE)1 000 000 000

20017TASER 7 INERT CARTRIDGE CLOSE

QUARTERS (12-DEGREE)1 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

73202 AXON BODY 3 - NA10 5 69900 63260 316300

74028 WING CLIP MOUNT AXON RAPIDLOCK 5 000 000 000

11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 5 000 000 000

Other

73810 OFFICER SAFETY PLAN 7 60 11 000 000 000

Not Eligible

TASER 7

INSTRUCTO

R COURSE

VOUCHER

Not Eligible TASER 7 INSTRUCTOR COURSE

VOUCHER1 000 000 000

Protect LifeQ-251225-43927723KP

2

Page 28 of 81

Year 1 (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Other (Continued)

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 132442 1456862

Not Eligible

TASER 7

MASTER

INSTRUCTO

R SCHOOL

VOUC

Not Eligible TASER 7 MASTER INSTRUCTOR

SCHOOL VOUCHER1 000 000 000

Not Eligible

Target and

Frame

Not Eligible Target and Frame 11 000 000 000

Not Eligible

Halt SuitNot Eligible Halt Suit 1 000 000 000

20135OCULUS GO STANDALONE VIRTUAL

REALITY HEADSET1 000 000 000

20247TASER 7 ONLINE TRAINING CONTENT

ACCESS LICENSE60 11 000 000 000

20249VR EMPATHY DEVELOPMENT AUTISM

SCHIZOPHRENIA ACCESS LICENSE60 11 000 000 000

73827 AB3 CAMERA TAP WARRANTY 60 5 000 000 000

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2118510

Estimated

Shipping000

Estimated Tax 000

Total 2118510

Year 1 - TAP Refresh

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

74210 AXON BODY 3 - 8 BAY DOCK 2 000 000 000

73202 AXON BODY 3 - NA10 11 000 000 000

74028 WING CLIP MOUNT AXON RAPIDLOCK 16 000 000 000

11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 11 000 000 000

73202 AXON BODY 3 - NA10 1 69900 000 000

74028 WING CLIP MOUNT AXON RAPIDLOCK 1 000 000 000

11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 1 000 000 000

Protect LifeQ-251225-43927723KP

3

Page 29 of 81

Year 1 - TAP Refresh (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Other

73828 AB3 8 BAY DOCK TAP WARRANTY 60 2 000 000 000

73827 AB3 CAMERA TAP WARRANTY 60 11 000 000 000

71019NORTH AMER POWER CORD FOR AB3 8-

BAY AB2 1-BAY 6-BAY DOCK2 000 000 000

73827 AB3 CAMERA TAP WARRANTY 60 1 000 000 000

Subtotal 000

Estimated Tax 000

Total 000

Year 1 - T7 Certification

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Axon Plans amp Packages

20248 TASER 7 EVIDENCECOM ACCESS LICENSE 60 6 000 000 000

20246TASER 7 DUTY CARTRIDGE REPLACEMENT

ACCESS LICENSE60 6 000 000 000

Hardware

20160TASER 7 HOLSTER - SAFARILAND

RH+CART CARRIER6 000 000 000

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

20014TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE STANDOFF (312 000 000 000

20015TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE CLOSE QUART12 000 000 000

20008TASER 7 HANDLE HIGH VISIBILITY (GREEN

LASER) CLASS 3R6 000 000 000

20040 TASER 7 HANDLE WARRANTY 4-YEAR 6 000 000 000

20018 TASER 7 BATTERY PACK TACTICAL 6 000 000 000

20041TASER 7 BATTERY PACK WARRANTY 4-

YEAR6 000 000 000

20016TASER 7 INERT CARTRIDGE STANDOFF

(35-DEGREE)1 000 000 000

20017TASER 7 INERT CARTRIDGE CLOSE

QUARTERS (12-DEGREE)1 000 000 000

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)18 000 000 000

Protect LifeQ-251225-43927723KP

4

Page 30 of 81

Year 1 - T7 Certification (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware (Continued)

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)18 000 000 000

20050 HOOK-AND-LOOP TRAINING (HALT) SUIT 1 75000 67875 67875

Other

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

Not Eligible

TASER 7

INSTRUCTO

R COURSE

VOUCHER

Not Eligible TASER 7 INSTRUCTOR COURSE

VOUCHER1 000 000 000

Not Eligible

Taser 7

Evidenceco

m Admin

License

Not Eligible Taser 7 Evidencecom Admin

License1 000 000 000

Not Eligible

TASER 7

MASTER

INSTRUCTO

R SCHOOL

VOUC

Not Eligible TASER 7 MASTER INSTRUCTOR

SCHOOL VOUCHER1 000 000 000

Not Eligible

Target and

Frame

Not Eligible Target and Frame 6 000 000 000

Not Eligible

Halt SuitNot Eligible Halt Suit 1 000 000 000

Not Eligible

for VR

Headset

Not Eligible for VR Headset 1 000 000 000

20247TASER 7 ONLINE TRAINING CONTENT

ACCESS LICENSE60 6 000 000 000

20249VR EMPATHY DEVELOPMENT AUTISM

SCHIZOPHRENIA ACCESS LICENSE60 6 000 000 000

80087TASER 7 TARGET CONDUCTIVE

PROFESSIONAL (RUGGEDIZED)1 15000 13575 13575

Protect LifeQ-251225-43927723KP

5

Page 31 of 81

Year 1 - T7 Certification (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Other (Continued)

20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 49500 44798 44798

Subtotal 517208

Estimated Tax 000

Total 517208

Year 1 - Trade In

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Other

20104 TASER 7 TRADE-IN UPFRONT PURCHASE 17 000 000 000

Subtotal 000

Estimated Tax 000

Total 000

Year 2

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

Other

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 172674 1899414

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2635722

Estimated Tax 000

Total 2635722

Protect LifeQ-251225-43927723KP

6

Page 32 of 81

Year 3

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

20014TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE STANDOFF (322 000 000 000

20015TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE CLOSE QUART22 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

20014TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE STANDOFF (312 000 000 000

20015TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE CLOSE QUART12 000 000 000

Other

73309 AXON BODY CAMERA REFRESH ONE 11 000 000 000

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 172674 1899414

73689 MULTI-BAY BWC DOCK MID REFRESH 2 000 000 000

73309 AXON BODY CAMERA REFRESH ONE 1 000 000 000

73309 AXON BODY CAMERA REFRESH ONE 5 000 000 000

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2635722

Estimated Tax 000

Total 2635722

Protect LifeQ-251225-43927723KP

7

Page 33 of 81

Year 4

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

Other

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 172674 1899414

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2635722

Estimated Tax 000

Total 2635722

Year 5

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

Protect LifeQ-251225-43927723KP

8

Page 34 of 81

Year 5 (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware (Continued)

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

Other

73310 AXON BODY CAMERA REFRESH TWO 11 000 000 000

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 172674 1899414

73688 MULTI-BAY BWC DOCK FINAL REFRESH 2 000 000 000

73310 AXON BODY CAMERA REFRESH TWO 1 000 000 000

73310 AXON BODY CAMERA REFRESH TWO 5 000 000 000

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2635722

Estimated Tax 000

Total 2635722

Grand Total 13178606

Protect LifeQ-251225-43927723KP

9

Page 35 of 81

Summary of Payments

Payment Amount (USD)

Year 1 2118510

Year 1 - TAP Refresh 000

Year 1 - T7 Certification 517208

Year 1 - Trade In 000

Year 2 2635722

Year 3 2635722

Year 4 2635722

Year 5 2635722

Grand Total 13178606

Discounts (USD)Quote Expiration 05152020

List Amount 15120900

Discounts 1942294

Total 13178606

Total excludes applicable taxes

Protect LifeQ-251225-43927723KP

10

Page 36 of 81

Notes

The parties agree that Axon is granting a credit of $306000 (applied to Year 1 Payment) for trade-in of CEW hardware This credit is based on a ship date range of 512020-

5152020 resulting in a 612020 contract start date Any change in this ship date and resulting contract start date will result in modification of this credit value which may

result in additional fees due to or from Axon

Axon BWC hardware contained in this quote is at zero cost as a TAP refresh of contracts 00004618 and 00010394 The parties agree that all TAP obligations of contracts

00004618 and 00010394 have been fulfilled

Purchase of TASER 7 are governed by the TASER 7 Agreement located at httpswwwaxoncomlegalsales-terms-and-conditions and not the Master Services and

Purchasing Agreement referenced below

Tax is subject to change at order processing with valid exemption

Axonrsquos Sales Terms and Conditions

This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axonrsquos Master Services and Purchasing Agreement

(posted at wwwaxoncomlegalsales-terms-and-conditions) as well as the attached Statement of Work (SOW) for Axon Fleet andor Axon Interview

Room purchase if applicable Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions By

signing below you represent that you are lawfully able to enter into contracts If you are signing on behalf of an entity (including but not limited to the

company municipality or government agency for whom you work) you represent to Axon that you have legal authority to bind that entity If you do not

have this authority please do not sign this Quote

Signature CustSIG Date CustDate

Name (Print) CustName Title CustTitle

PO (Or write

NA) CustPo

Please sign and email to Kyle Panasewicz at kylepaxoncom or fax to (480) 658-0673

Thank you for being a valued Axon customer For your convenience on your next order please check out our online store buyaxoncom

The trademarks referenced above are the property of their respective owners

Protect LifeQ-251225-43927723KP

11

Axon Internal Use Only

Review 1 Review 2

SFDC Contract

Order Type

RMA

Address Used

SO

Comments

Page 37 of 81

Page 38 of 81

555 South Main Street Post Office Box 7 Independence OR 97351Phone 503838-1212 Fax 503606-3282 email kjohnsonciindependenceorus

TO Mayor and City CouncilFROM Shawn Irvine Economic Dev Dir

MEETING DATE April 14 2020SUBJECT Resolution Rural Business

Development Grant Application

[ ] Information Only [ X ] Action Requested

Statement of Issue Staff is requesting Council approve a resolution supporting a grant application to fund the development of a shared-use commercial kitchen facility downtown

BackgroundFor several years the City has worked with local and regional partners to support entrepreneurship and the growth of small businesses These classes and programs have supported a number of successful businesses including several located downtown The past two years the City has partnered with IndyCommons ndash the downtown co-working space ndash to run a series of meetups and classes intended to identify potential business clusters within the communityrsquos entrepreneurs Food-based businesses were the top cluster identified

The mid-Willamette Valley is the largest and most diverse agricultural production region in the state with over 170 different crops being grown It also has a concentration of large and small value-added food products companies that leverage the diverse agricultural products for their businesses The USDArsquos Rural Business Development Grant program supports proposals that offer assistance and training for small businesses in rural communities

DiscussionOver the last decade development of a shared-use commercial kitchen has come up several times in the Cityrsquos regional economic development work These facilities allow licensed users to rent the space on an hourly basis for trying new recipes developing new products and small-scale production The ability to rent a licensed facility enables entrepreneurs to test their ideas and products prior to making the significant investment into building their own commercial kitchen While there has been strong and consistent interest in such a facility from entrepreneurs it is a complex enough project that nobody was willing to be the organizer and operator

IndyCommons opened four years ago successfully bringing the shared space co-working model to downtown Independence Last year the company spun off a new non-profit IndyIdeaHub to support entrepreneurship programming and development in the community and region With the success of the co-working space and the new non-profit IndyCommons is ready to tackle a shared-use commercial kitchen They have leased the neighboring space in their building and plan to operate a shared kitchen and event space with ldquomicro retailrdquo in the storefront Micro retail rents shelf space to entrepreneurs instead of an entire store reducing the startup cost for a new product company and enabling them to test the market for new products without the cost of renting an entire store The kitchen event space and micro retail

CITY OF INDEPENDENCEMEMORANDUM

Page 39 of 81

555 South Main Street Post Office Box 7 Independence OR 97351Phone 503838-1212 Fax 503606-3282 email kjohnsonciindependenceorus

space would work in concert creating a kind of food incubator while also drawing people downtown for pop up dinners and other events

IndyCommons is leasing the space and the Cityrsquos grant application would support the non-profitrsquos work to outfit and operate the kitchen while offering business development programs The grant will request approximately $90000 matched with funds from IndyCommons and a $60000 Rural Opportunity Initiative grant the City received through Business Oregon which supports programming for food-based entrepreneurship

While the City is requesting the grant and supporting development of this kitchen facility its users will not be limited just to Independence residents As with IndyCommons anyone willing to travel to the facility and pay the rental fee will be able to use it Programs and classes will also be open to anyone from the region

Fiscal Impact Staff time will be spent writing the grant and if awarded coordinating the project No City funds will be used as match for this project

Options1 Approve the resolution as submitted2 Approve the resolution with amendments3 Take no action

RecommendationSuggested MotionStaff recommends Option 1

Suggested motion ldquoI move to approve Resolution 20-1526 Authorizing the City to Apply for a Rural Business Development Grantrdquo

AttachmentsA Resolution 20-1526

Page 40 of 81

Page 1 of 2 Resolution 20-1526 Authorizes USDA Grant Application

BEFORE THE CITY COUNCIL OF THE CITY OF INDEPENDENCE

COUNTY OF POLK STATE OF OREGON

IN THE MATTER OF AUTHORIZING THE CITY ]OF INDEPENDENCE TO APPLY FOR A RURAL ]BUSINESS DEVELOPMENT GRANT FROM THE ]UNITED STATES DEPARTMENT OF AGRICULTURE ]FOR DEVELOPMENT OF A SHARED-USE ]COMMERCIAL KITCHEN FACILITY AND ]DELEGATING AUTHORITY TO THE CITY ]MANAGER TO SIGN THE APPLICATION ]

RESOLUTION 20-1526

A RESOLUTION AUTHORIZING APPLICATION FOR USDA GRANT

WHEREAS the USDA is accepting applications for its Rural Business Development Program and

WHEREAS the City of Independence has the capacity to administer the grant and desires to participate in this grant program to the greatest extent possible as a means of providing needed business development and entrepreneurship programming and

WHEREAS Staff have identified development of food-based businesses as a successful regional business cluster which could be expanded within the City of Independence and

WHEREAS local and regional economic development plans have identified a shared-use commercial kitchen as an important asset to reduce barriers to entry for food-based startup businesses and

WHEREAS the City of Independence has an existing partnership with IndyCommons to support entrepreneurship and business development within the community and

WHEREAS the City of Independence has available matching funds from the State of Oregonrsquos Rural Opportunity Initiative which will fund food-based business programming and services at the new kitchen facility and

Page 41 of 81

Page 2 of 2 Resolution 20-1526 Authorizes USDA Grant Application

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF INDEPENDENCE AS FOLLOWS

Section 1 The City Council demonstrates its support for the submittal of a grant application to the United States Department of Agriculture for development of a shared-use commercial kitchen and delegates authority to sign grant documents to City Manager Tom Pessemier

Section 2 This Resolution shall be effective following its adoption by the City Council

Passed by the City Council this 14th of April 2020

Effective Date April 14 2020Signed by the Mayor April 14 2020

__________________________John McArdle Mayor

ATTEST

_______________________Karin Johnson MMCCity Recorder

Page 42 of 81

555 South Main Street Post Office Box 7 Independence OR 97351Phone 503838-1212 Fax 503606-3282 email tpessemierciindependenceorus

TO Mayor and City CouncilFROM City Manager Tom Pessemier

MEETING DATE April 14 2020SUBJECT Approval of IGA Mid-Willamette Valley

Homeless Alliance Continuum of Care

[ ] Information Only [ X ] Action Requested

Statement of IssueAn Inter-Governmental Agreement concerning the Mid-Willamette Valley Homeless Alliance is submitted for council consideration

BackgroundIn 2019 the City of Independence along with the cities of Monmouth Keizer Salem the Salem-Keizer School District Polk and Marion counties and the Confederated Tribes of Grand Ronde and with the Mid-Willamette Valley Council of Governments (COG) formally organized the Mid-Willamette Valley Homeless Alliance (MWVHA) which serves as our regionrsquos Continuum of Care (CoC) The CoC is committed to the goal of preventing and ending homelessness within Polk and Marion counties The CoC was recognized by the US Housing and Urban Development Department (HUD) on 12-11-19 and to that end a formal Governance Charter was approved by the MWVHA Board of Directors on 2-13-20

The MWVHA Board of Directors is a collaboration of the members and the COG has provided administrative support for the member governments The MWVHA is not a legal entity and HUD regulations require a legal entity to serve as the Collaborative Applicant for a Continuum of Care therefore an ORS 190 entity (Inter-Governmental Agreement or IGA) is proposed to be formed to allow the member governments to contract with the COG to provide services and for the COG to be reimbursed

DiscussionTime is of the essence this IGA establishes the terms and conditions under which the member governments will coordinate to support the MWVHA through contracting with the COG to serve as the Collaborative Applicant This IGA is a short-term solution until a new entity is designated and would expire on August 13 2020

Fiscal ImpactNo additional fiscal impact Funds have been reservedbudgeted for this project

Options1 Approve the IGA as proposed2 Approve the IGA with amendments3 Take no action

RecommendationSuggested Motion

CITY OF INDEPENDENCEMEMORANDUM

Page 43 of 81

555 South Main Street Post Office Box 7 Independence OR 97351Phone 503838-1212 Fax 503606-3282 email tpessemierciindependenceorus

Staff recommends Option 1

ldquoI move to approve the cityrsquos participation in the ORS 190 concerning the Mid-Willamette Valley Homeless Alliance and to authorize the City Manager to sign the related documentsrdquo

AttachmentsA Interim IGAB COG Scope of WorkC MWHA Governance Charter

Memo prepared by Karin Johnson City Recorder

Page 44 of 81

1 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

1 PARTIES TO AGREEMENT

This Agreement by and between the Confederated Tribes of the Grand Ronde (ldquoGrand Ronderdquo) Marion County (ldquoMarionrdquo) Polk County (ldquoPolkrdquo) and the Cities of Independence (ldquoIndependencerdquo) Keizer (ldquoKeizerrdquo) Monmouth (ldquoMonmouthrdquo) Salem (ldquoSalemrdquo) the Salem-Keizer School District (ldquoSalem-Keizerrdquo) collectively the ldquoMember Governmentsrdquo and the Mid-Willamette Valley Council of Governments (ldquoCOGrdquo) is made pursuant to ORS 190010

2 AUTHORITY This Agreement is established under the authority of Oregon Revised Statutes (ORS) Chapter 190

3 BACKGROUNDa The Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo) was formed on

September 24 2019 and recognized by the US Housing and Urban Development Department (ldquoHUDrdquo) on December 11 2019 for the Polk County and Marion County region to carry out the purposes of the HUD Continuum of Care program described in 24 CFR Part 578

b The Alliance Charter was approved by the Alliance Board of Directors on February 13 2020 (Attachment 1)

c The Alliance is a collaboration of the Member Governments non-profit service organizations and community members and is not a legal entity

d The Member Governments have made financial contributions for the 2019-2020 Fiscal Year which are being managed by COG

e The Member Governments have agreed to make financial contributions to support the Alliance for the 2020-2021 Fiscal Year subject to budgetary approval as approved by the Alliance Board of Directors (Attachment 2)

f HUD regulations require a legal entity to serve as the Collaborative Applicant for a Continuum of Care such as the Alliance

g The COG has been providing administrative support and other resources for the Alliance including contract management for independent contractors engaged by COG at the request of the Alliance During this time the Member Governments have directly paid their contribution amounts to COG to manage those funds for the Alliance

h The COG has agreed on an interim basis to continue to provide administrative support and other resources in addition to serving as the Collaborative Applicant for

Page 45 of 81

2 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

the Alliance until an ORS 190 entity has been formed and designated by the Alliance Board of Directors to serve as the Collaborative Applicant

i The Alliance Board of Directors approved the execution of this Agreement for a term to expire on August 13 2020 to allow the Member Governments to contract with the COG to provide Collaborative Applicant services and reimburse COG for services

4 PURPOSE

The purpose of this Agreement is to establish the terms and conditions under which the Member Governments will coordinate to support the Alliance through contracting with COG to serve as the Collaborative Applicant for the Alliance pursuant to 24 CFR Part 578 The parties understand and agree that this Agreement serves as an interim solution to allow COG to serve as the Collaborative Applicant and be reimbursed for its costs until a new entity is designated

5 TERM AND TERMINATION

51 This Agreement shall be effective from the date upon which the last signature is affixed hereto and shall expire on August 13 2020 unless otherwise earlier terminated or extended

52 This Agreement may be terminated by mutual consent of all parties hereto Any such termination of this Agreement shall be without prejudice to any obligations or liabilities of any party already accrued prior to such termination

6 FUNDING AND BILLING

61 The Member Governmentsrsquo fiscal year 2020-2021 contributions as set forth in Attachment 2 shall be made to COG subject to the individual Member Governmentrsquos budgetary approval Nothing in this Agreement binds any Government Member to any specific financial contribution after the 2020-2021 fiscal year

62 COG shall be reimbursed for its expenses already incurred in support of the Alliance from January 1 2020 to the effective date of this Agreement COGrsquos expenses prior to July 1 2020 shall be reimbursed from the Member Governmentsrsquo Fiscal Year 2019-2020 contributions and COGrsquos expenses for the period of July 1 2020 to the termination of this Agreement shall be from the Member Governmentsrsquo Fiscal Year 2020-2021 contributions COG shall submit an invoice to the Alliance Board for its approval for COGrsquos Fiscal Year 2019-2020 expenses no later than August 30 2020 and shall submit an invoice to the Alliance Board for its approval for COGrsquos Fiscal Year 2020-2021 expenses no later than September 30 2020

63 COGrsquos expenses under this Agreement shall not exceed the total amount of funds contributed by the Member Governments and any contributions from other members of the Alliance donations or grants provided to COG for the benefit of the Alliance subject to the rates for specific services as set forth in the Scope of Work As set forth in the Scope of

Page 46 of 81

3 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

Work COG shall provide timely financial reports to the Alliance and shall ensure that expenses do no exceed available resources approved by the Member Governments through the Alliance Board

7 OBLIGATIONS UNDER THE TERMS OF THIS AGREEMENT

71 MEMBER GOVERNMENTS agree to

a Make timely payment to COGb Maintain good standing as a member of the Alliancec Collaborate in good faith with other Member Governments to create a new ORS 190

entity to serve as the Collaborative Applicant for the Alliance

72 COG agrees to

Serve as the Collaborative Applicant for the Alliance and perform other duties as established in the Scope of Work (Attachment 3)

8 DESIGNATION OF SUCCESSOR COLLABORATIVE APPLICANT

The Member Governments understand and agree that the Alliance is required to have a Collaborative Applicant as that term is defined in 24 CFR Part 57815 which must be a legal entity The Alliance Board has indicated a desire that the Member Governments form an intergovernmental entity to serve that purpose Time is of the essence to designate a successor Collaborative Applicant and the Member Governments agree to work cooperatively and in a timely manner to agree on the new Collaborative Applicant The Member Governments also agree they will create a new intergovernmental entity to serve in that role

9 COMPLIANCE WITH APPLICABLE LAWS

The parties agree that both shall comply with all applicable federal state and local laws and ordinances applicable to the parties and the work to be done under this Agreement The parties agree that this Agreement shall be administered and construed under the laws of the state of Oregon Nothing in this Agreement shall be considered a waiver of tribal sovereign immunity

10 NONDISCRIMINATION

The parties agree to comply with all applicable requirements of federal state and local civil rights statutes rules and regulations in the performance of this Agreement

11 HOLD HARMLESSThe parties agree to indemnify and hold harmless each other for from and against all claims costs expenses (including attorney fees) losses damages fines charges actions or other liabilities solely to the extent arising from their own intentional or negligent acts or those of their agents contractors or employees and to the extent applicable the above indemnification is

Page 47 of 81

4 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

subject to and shall not exceed the limits of the Oregon Tort Claims Act (ORS 30260 through 30300) and the Oregon Constitution The parties intend to provide reciprocal indemnity obligations The parties acknowledge that the Oregon Tort Claims Act does not limit the liability of Grand Ronde in the same manner as the other parties Accordingly the parties agree Grand Rondersquos indemnity shall not exceed the indemnification limits of any other party

12 INSURANCE

Each party shall insure or self-insure and be independently responsible for the risk of its own liability for claims within the scope of the Oregon tort claims act (ORS 30260 to 30300) The parties intend to provide reciprocal liability insurance obligations The parties acknowledge that the Oregon Tort Claims Act does not apply to Grand Ronde in the same manner as other parties Accordingly the parties agree that Grand Ronde shall self-insure in an amount consistent with the liability for claims of any other party

13 MERGER CLAUSEParties concur and agree that this Agreement constitutes the entire agreement between the parties No waiver consent modification or change to the terms of this agreement shall bind either party unless in writing and signed by both parties There are no understandings agreements or representations oral or written not specified herein regarding this agreement Parties by the signatures below of their authorized representatives hereby agree to be bound by its term and conditions

Page 48 of 81

5 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

THE CONFEDERATED TRIBES OF THE GRAND RONDE COMMUNITY OF OREGON

__________________________________ ________________________ Cheryle A Kennedy DateTribal Council Chairwoman

Page 49 of 81

6 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

CITY OF INDEPENDENCE

__________________________________ _____________________Tom Pessemier DateCity Manager

Page 50 of 81

7 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

CITY OF KEIZER

__________________________________ ________________________Christopher Eppley DateCity Manager

Approved as to form

________________________________________Keizer City Attorney

Page 51 of 81

8 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

CITY OF MONMOUTH

__________________________________ _____________________Chad Olsen DateInterim City Manager

Page 52 of 81

9 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

MARION COUNTY BOARD OF COMMISSIONERS

__________________________________Chair

__________________________________Commissioner

__________________________________Commissioner

Date _____________________

Page 53 of 81

10 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

POLK COUNTY BOARD OF COMMISSIONERS

__________________________________Commissioner

__________________________________Commissioner

__________________________________Commissioner

Date _____________________

Page 54 of 81

11 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

SALEM-KEIZER PUBLIC SCHOOLS

_____________________________________ _____________________Marty Heyen Chairperson Board of Directors DateSalem-Keizer Public Schools

Page 55 of 81

12 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

CITY OF SALEM

__________________________________ _____________________Steve Powers DateCity Manager

Page 56 of 81

13 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

__________________________________ _______________________Renata Wakeley DateActing Executive Director

Page 57 of 81

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1

MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

SCOPE OF WORK FOR THE MID-WILLAMETTE VALLEY HOMELESS ALLIANCE COG shall undertake the following items in performance of this Agreement

1 Finance a Manage and process accounts payable and accounts receivable b Maintain records of project expenditures and revenues in COG financial

management system c Maintain copies of personal services contracts and other contracts for goods and

services under this Agreement d Provide monthly financial report to the Alliance Board e Provide support to and project financial statements in annual audit f Incorporate project expenditures and revenues into COG budget forecast prepare

budget documents for Alliance Board approval g Provide documentation of internal controls and other financial policies and

procedures to HUD upon request h Manage HUD planning grant when awarded Assure planning grant expenditures

made by the project are allowable per HUD regulations i Prepare any required financial reports associated with the planning grant j Accept and record Alliance member contributions and k Invoice members for annual project contributions and track contribution receipts

2 Administrative Support

a Attend Alliance Board meetings and executive committee meetings prepare draft minutes and maintain meeting records

b Assist the Alliance in scheduling meetings and other meeting-related tasks including merging documents for the meeting packet

c Schedule meeting space when available facilitate meeting logistics and preparation including setting up meeting space copying documents making name cards setting up laptop and PowerPoint equipment connecting participants through conference phone

d Maintain email lists in conjunction with the Alliance e Notice meetings per Public Meetings Law requirements f Assist the Alliance in preparing and disseminating a quarterly Alliance newsletter

COG is not responsible for creating or obtaining content for the newsletter and g Maintain Homeless Initiative web page on the COG website and provide up to six

(6) hours a month of IT support for the newly acquired and licensed Homeless Initiative web page

3 Executive Director Support

a Negotiate and approve goods and personal service contracts and contract amendments upon request of the Alliance

b Approve payments for monthly invoices c Provide executive level advice and support in working with the COG board of

directors and COG members d Authorize legal services upon request of the Alliance

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2

e Authorize IT services upon request of the Alliance f Attend MWVHA board meetings as needed and g Serve as the Collaborative Applicant for the 2020 NOFA process sign required

application documents

4 IT Support a Support development and maintenance of the Alliance website and b Other projects upon request of the Alliance and approval of Executive Director

5 Legal Services upon request of the Alliance and approval of Executive Director

6 Rates for services provided by COG are set forth COGrsquos fee schedule attached hereto as

Exhibit 1 (COG Board of Directors Resolution 2019-06) COG modifies its fee schedule annually on or about on July 1 of each year COG may modify the fees under this Agreement by not more than 15 for any individual fee upon adoption of a fee schedule for the 20-21 fiscal year and providing the Member Governments 10-daysrsquo notice of the modified fees The rates for services set forth herein apply to this Agreement and COG reserves the right to propose different rates in any future agreement pursuant to COGrsquos adopted fee schedule

Page 60 of 81

Page 61 of 81

Page 62 of 81

Page 63 of 81

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1

MID-WILLAMETTE VALLEY HOMELESS ALLIANCE GOVERNANCE CHARTER

FINAL ndash Approved by the CoC Development Council on 10-24-19 ratified by the Mid-Willamette Valley Homeless Alliance Board of Directors on 2-13-20

ARTICLE I CONTINUUM OF CARE NAME AND PURPOSE

A NAME OF THE CONTINUUM OF CARE (COC) The name of this organization is the Mid-Willamette Valley Homeless Alliance which serves as the regionrsquos Continuum of Care herein referred to as ldquothe CoCrdquo

B CONTINUUM OF CARE (COC) OVERVIEW 1 GEOGRAPHIC BOUNDARIES The CoC represents the geographic region within the boundaries of Marion

and Polk counties 2 PURPOSE The CoC is organized to carry out the purposes of the US Housing and Urban Development

(HUD) Continuum of Care program as described in 24 CFR Part 578 The CoC promotes communitywide commitment to the goal of preventing and ending homelessness provides funding for efforts by nonprofit providers and state tribal and local governments to quickly rehouse homeless individuals including unaccompanied youth and families while minimizing the trauma and dislocation caused to homeless individuals families and communities by homelessness promotes access to and effective utilization of mainstream housing and homeless services programs by homeless individuals and optimizes self-sufficiency among individuals and families experiencing homelessness Its work includes gathering and analyzing data to determine local needs of and resources available to people experiencing homelessness developing and prioritizing a menu of strategic responses collaboratively implementing a strategic plan promoting service coordination educating the public on homeless issues providing advice and input on homeless services operations leveraging resources for maximum impact and measuring and promoting strong program performance Through collaborative efforts of local and tribal governments school districts nonprofit organizations and other participating stakeholders the CoC seeks to develop an evidence-based system of services including stable housing designed to meet the unique and complex needs of adults youth children and families in Marion and Polk counties who are at risk of or are experiencing homelessness ICLE 3 ndash GEOGRAPHIC RE

ARTICLE II CONTINUUM OF CARE GOVERNANCE STRUCTURE

A BOARD OF DIRECTORS 1 NAME The name of the CoC governing board is the Mid-Willamette Valley Homeless Alliance Board of

Directors herein referred to as the ldquoCoC Boardrdquo or the ldquoBoardrdquo The CoC has established a governing board as required by 24 CFR part 5787(a)(3) The Board is responsible for the overall policy and direction of the CoC and may delegate responsibility for day-to-day operations to staff and committees

2 VOTING MEMBERSHIP The Board will consist of at least thirteen (13) voting members that have no

conflicts of interest as defined in Article III of this charter and 24 CFR part 57895 Board members will

Page 65 of 81

2

serve without compensation Board membership includes representation from the following organizations or subpopulations

a One representative from each of the following organizations

i Union Gospel Mission a faith-based organization ii The Confederated Tribes of Grand Ronde iii Local governments

(a) City of Independence (b) City of Keizer (c) City of Monmouth (d) Polk County

iv Salem-Keizer School District (24J) v Salem Health vi Homeless or formerly homeless individuals appointed by the Law Enforcement Assisted Diversion

Program and vii United Way of the Mid-Willamette Valley a nonprofit organization

b Two representatives from the City of Salem and Marion County In the alternative pursuant to

Section 11 of Article 2 Marion County and the City of Salem may appoint one representative who may exercise two votes

3 EX-OFFICIO BOARD MEMBERS In addition seven (7) ex-officio participants may serve as non-voting ex-

officio board members participating in discussions and representing such groups as a Marion County Salem and West Valley Housing Authorities b Mid-Willamette Valley Community Action Agency c Polk County Veteran Services and d Co-chairs of the CoC Collaborative Committee

4 BOARD SELECTION PROCESS

a The initial CoC Board of Directors will be nominated by the Development Council established by a 2019 Memorandum of Agreement in consultation with the stakeholders workgroup

b Each organization nominated for representation on the CoC Board will identify persons to serve who hold elected or senior staff roles in decision-making for that organization

c Members serve at the pleasure of the CoC Board d Any directors representing organizations newly added to the Board by amendment to this charter

will be nominated and confirmed by vote of the CoC board e Pursuant to 24 CFR part 5787(a)(3) the CoC Board will submit this written selection process to the

CoC Collaborative Committee described in Section D of this article and Board of Directors for review update and approval at least once every five (5) years

5 BOARD FINANCIAL CONTRIBUTIONS Each organization represented as a voting member on the CoC

board will contribute funds to supplement CoC operations contingent on the organizationrsquos budgetary

authority Contributions will be reviewed and approved annually by the CoC board

6 BOARD ALTERNATES Board members may designate an Alternate for a single meeting who can attend in the board memberrsquos place if the member must miss a meeting The Alternate must represent the same organization or subpopulation as the absent Board member Prior to the board meeting the absent Board member or his or her designee must communicate in writing to CoC staff confirming the Alternatersquos attendance and granting authority for the Alternate to vote

Page 66 of 81

3

7 TERMINATION The Board may remove any member when it determines it is in the interest of the CoC to do so Member terminations require a 23 vote of the appointed voting membership Reasons for removal include excessive absences from meetings conduct that is contrary to the Boardrsquos code of conduct or noncompliance with conflict of interest or other board policies

8 RESIGNATION Resignations by Board members shall be submitted in writing to CoC staff who will forward the resignation notice to board leadership Resignations will be announced at the next regularly scheduled board meeting For board positions representing designated organizations resignation is implied if a person seated on the board is no longer affiliated with the organization that appointed him or her The appointing organization is then responsible for assuring that another qualified person is appointed to represent that organization

9 MEETINGS Pursuant to 24 CFR part 5787(a)(1) the Board will meet at least semi-annually in conjunction with the CoC Collaborative Committee to conduct general CoC business Inclusive of these semi-annual joint meetings the board will meet at least quarterly and may meet more frequently at the call of the chair The CoC Board is a public body subject to the public meetings and record laws as stated in ORS Chapter 192 All meetings will be open to the public

10 QUORUM A majority defined as 50 plus one of the appointed voting Board membership will constitute a quorum for the transaction of all business at meetings Members may attend either in person or by conference call so long as persons in attendance and on the telephone can both hear and communicate with each other Members attending by telephone conferencing may be counted towards achieving a quorum

11 VOTING Each Board member will hold one vote on all matters brought before the board However in recognition of their significant financial contributions to the effort Marion County and the City of Salem may select two persons to represent each organizationrsquos interests on the CoC Board or in the alternative may select one representative who shall have two votes on any matter Board decisions shall be made by a majority of the total votes available to the entire appointed voting Board membership

12 NOTICE AND INCLUSION a The Board will provide for and give public notice reasonably calculated to give actual notice to

board members interested persons news media that have requested notice and general public notice Notice shall include the time and place for holding regular meetings The notice will also include a list of the primary subjects anticipated to be considered at the meeting Distribution of meeting notices will be in a manner that maximizes the potential of the public awareness of Board proceedings and for the public to participate in its deliberations

b Whenever possible matters resulting in a recommendation to the Board will be deliberated during a minimum of two meetings to assure maximum participation

c The Board encourages input to its deliberations and decision-making from a diversity of stakeholders including consumers and community members from diverse genders racial and ethnic origins cultural groups and geographic areas within the CoC boundaries CoC members are encouraged to bring ideas or concerns to the attention of the CoC Board and staff

d The Board will conduct outreach at least semi-annually with business organizations such as economic development forums chambers of commerce and Rotary clubs to inform business leaders about current issues surrounding homelessness and gather information from a business perspective

13 AGENDAS Items may be placed on a meeting agenda by any Board member or by CoC staff The agenda will be distributed to members and through public notice at least one week prior to a Board meeting

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4

B BOARD OFFICERS 1 CHAIR The Board will accept nominations and elect a chair annually The chair may be elected for

subsequent terms The chair will act as leader of the convened meeting and as the parliamentarian The chair will enforce Board policies and membership rules and will guide the conduct of public meetings The chair is the official Board representative and shall be the primary spokesperson to the media

2 VICE CHAIR The chair will select a vice chair with board consent In the absence of the chair the vice chair will assume the chairs responsibilities If neither the chair nor vice chair is available for a public meeting then the assembled quorum of the meeting will select a temporary chairperson to conduct the meeting

3 EXECUTIVE COMMITTEE LEADERSHIP The chair and vice chair serve as leaders of the CoC Executive Committee as described in Section E1

C STAFF RESPONSIBILITIES TO THE CoC BOARD

1 STAFF SUPPORTCOLLABORATIVE APPLICANT Subject to available funding for CoC operations Mid-

Willamette Valley Council of Governments (COG) will serve as the Collaborative Applicant described in

Article IV Section E and provide staff support that could be employees contractors and in-kind

support as well as in-kind materials and services to support the CoC To maintain a neutral role in

facilitating council meetings staff representing the COG will not hold authority to vote on matters

placed before the CoC Board

2 UNIFIED FUNDING AGENCY The CoC will seek designation as a Unified Funding Agency from the US

Department of Housing amp Urban Development

3 MEETING PREPARATION CoC staff is responsible for meeting preparation which includes

a Locating reserving and preparing the meeting space b Sending meeting notice agendas and minutes to the CoC distribution list one week prior to the

meeting and a reminder one day prior to the meeting c Compiling background materials and staff reports d Planning Board meetings in collaboration with the Executive Committee e Taking attendance at meetings and f Providing facilitation as needed

4 MINUTES CoC staff will serve as the CoC Board Administrator and prepare meeting minutes Minutes

will include a list of the members present motions proposals resolutions and orders proposed and their disposition the results of all votes and a vote by each member by name the substance of any discussions on any matter and reference to any document discussed at that meeting Minutes will be posted on the CoC website and distributed to the Board membership one week prior to the monthly meeting

5 RECORDS Pursuant to 24 CFR part 578103 and 24 CFR part 5785(b) staff will maintain CoC records to document compliance with HUD requirements including the following a Approved CoC governance charter that includes a written process to select the CoC board b Documentation of required reviews and updates including the annual charter review and review of

Board selection process every five years c CoC Board and committee rosters designating representation of sectors and subpopulations d Agendas and minutes of CoC Board committee subcommittee and workgroup meetings

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5

e Designation of a single Homeless Management Information System (HMIS) for the CoC f CoC applications for funds as set forth in 24 CFR part 5789 g Use of planning funds for eligible costs and other grant management documentation pursuant to 24

CFR part 57839 and h Completed and signed CoC conflict of interest forms required in Article III Section 5 of this charter

6 OTHER RESPONSIBILITIES CoC staff will maintain distribution lists distribute communications to CoC members and the community at large develop and maintain a CoC webpage support CoC committees and workgroups produce and submit applications for funds and perform other duties as assigned by the CoC Board to support the CoC

D CoC COLLABORATIVE COMMITTEE 1 PURPOSE The purpose of the CoC Collaborative Committee is to assist the Board in accomplishing the

responsibilities of the Continuum of Care as described in Article IV

2 MEMBERSHIP Participation in the Continuum of Care is open through the CoC Collaborative Committee to interested organizations and to interested individuals representing the community at large Member agencies will be responsible for identifying CoC representatives Participating agencies may have more than one person identified as a CoC representative Homeless and formerly homeless people are encouraged and supported to participate A roster of CoC Collaborative Committee participants will be maintained and posted on the CoC website

3 VOTING Each member organization and community at large member who has participated in at least two (2) meetings in the preceding twelve (12) months after the initial year of CoC operations shall have one vote at subsequent meetings on each matter submitted to a vote of CoC members To the maximum extent possible committee meetings shall operate on a consensus basis However members can request a majority vote on specific issues Agencies with more than one representative in attendance will determine in advance which representative will vote In all cases each member organization has only one vote

4 RESIGNATION Member agencies may resign from the CoC Collaborative Committee by sending a

written communication to CoC staff

5 CO-CHAIRS The CoC Board will appoint co-chairs to facilitate CoC Collaborative Committee meetings based on nominations from the CoC Collaborative Committee One co-chair will represent the public (governmental) sector and the other will represent the private (nongovernmental) sector Co-chairs will serve for two-year terms and may be reappointed by the Board

5 RECRUITMENT AND OUTREACH The CoC Board will publish and disseminate an open invitation at least annually for those within the CoC area to join as new CoC Collaborative Committee members CoC staff will document recruitment efforts The CoC Board will identify and address membership gaps in essential sectors and will recruit so that membership requirements are being met pursuant to 24 CFR part 5787 Outreach will be conducted to obtain representation from the following groups listed in 24 CFR part 5785(a)

a Nonprofit homeless assistance providers b Victim service providers c Faith-based organizations d Governments

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6

e Businesses f Advocates g Public housing agencies h School districts i Social service providers j Mental health agencies k Hospitals and health care organizations l Universities m Affordable housing developers n Law enforcement o Organizations that serve veterans p Homeless and formerly homeless individuals and q Other relevant organizations within the CoCrsquos geographic boundaries such as organizations and coalitions that serve unaccompanied youth employment councils substance abuse providers and early learning hubs

E COMMITTEES AND WORKGROUPS 1 STANDING COMMITTEES AND WORKGROUPS The CoC Board will appoint members representing

organizations participating in the CoC Collaborative Committee to the standing committees and workgroups listed in this section as E1 a through d The Board will also designate chairs or co-chairs to facilitate committee or workgroup meetings CoC staff will be assigned to take notes at committee and workgroup meetings and assure that CoC policies and processes are followed CoC staff will also maintain lists of committee and workgroup membership and post the lists to the CoC webpage a PERFORMANCE AND EVALUATION COMMITTEE The Performance and Evaluation Committee shall

review and recommend to the Board the policies timelines and scoring tools for application review and ranking process as part of the Continuum of Care competition for funds The Performance and Evaluation Committee shall also be responsible for monitoring and reviewing CoC-funded projects and general system performance The Performance and Evaluation Committee shall make recommendations to the CoC Board to improve system performance with input from the CoC Collaborative Committee Members of this committee may not have a conflict of interest described in Article III and may not be recipients of HUD funds i The CoC Board will appoint a subcommittee of not fewer than five (5) Performance and

Evaluation Subcommittee members to review and rank project applications during the annual process described in Article IV Section E

ii The Board will strive to appoint subcommittee members who are knowledgeable about homelessness and housing in the region and representative of relevant sectors subpopulations and geographic areas of the region

iii Subcommittee members must have completed conflict of interest forms on file with CoC staff affirming that they are not employees or do not have a business relationship or other conflicts of interest as described in Article III

iv Subcommittee members must be willing to dedicate time for application review and subcommittee meetings during the application process

b COORDINATED ENTRY COMMITTEE The Coordinated Entry Committee creates the policies and

procedures for the CoCrsquos coordinated entry system The committee is also responsible for monitoring the progress of organizations implementing coordinated entry to ensure it is functioning effectively arranging for technical assistance to participating organizations and recommending changes as necessary The committee shall recruit agencies for participation in coordinated entry

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7

c HMIS USERS WORKGROUP The HMIS Users Workgroup consists of representatives from organizations using the Homeless Management Information System (HMIS) The workgroup is co-chaired by the HMIS Lead organization or its designee and the HMIS Designated Coordination Entity as described in Article IVB2 The workgroup shall monitor the progress of organizations using HMIS develop strategies for improving HMIS ease of use troubleshoot data reporting and data quality issues and review and make recommendations on HMIS policies and protocols to the HMIS Lead HMIS Coordination Entity and CoC Board

d POINT-IN-TIME COUNT WORKGROUP The Point-in-Time Count workgroup shall work with the

HMIS Coordination Entity named in Section D2 to organize and conduct the Point-in-Time count including recruitment training and support of volunteer outreach workers for the event

2 SPECIAL COMMITTEES AND WORKGROUPS The Board may authorize the formation of special

committees or workgroups as necessary to deal with specific problems or issues as the Board believes appropriate The Board will appoint members to special committees and workgroups These special committees or workgroups will be time limited and be provided a scope of work from the Board Special committees and workgroups will report their findings and recommendations to the Board upon request or upon the conclusion of their work

3 EXECUTIVE COMMITTEE The Executive Committee is composed of the chair vice chair and at least

three additional Board members The committee works closely with staff to guide the work of the CoC Board Committee members may not serve on the Performance and Evaluation Committee Committee responsibilities include the following a Prepare meeting agendas and ensure matters are ready for Board meetings b Act on matters when authority has been delegated by the full Board to do so and c Act on time sensitive administrative matters that require a decision between Board meetings with

notice provided to all Board members prior to taking action and with the action(s) to be ratified at the next Board meeting Time sensitive administrative matters include but are not limited to required municipal state or federal reports and letters of support associated with grant applications Action will not be taken under this subsection if any Board member notifies the Board Chair of the members objection prior to the Executive Committees action on a time sensitive matter

4 APPEALS COMMITTEE The Board may appoint a committee of three (3) Board members to review and

make appeal decisions during the application process described in Article IV Section E Those appointed to the Appeals Committee may not have participated in the rank and review process must have signed conflict of interest forms on file with CoC staff and must affirm upon committee appointment that they do not have conflicts of interest with agencies applying for CoC Program funding In the alternative the Board may also delegate this responsibility to the Executive Committee

Page 71 of 81

8

ARTICLE III CONFLICT OF INTEREST AND CODE OF CONDUCT

NUUM OF CARE GOVERNANC A CONFLICT OF INTEREST

1 GENERAL PROVISIONS A conflict of interest is a situation in which a CoC Board member or one of his or her family members has a personal or financial interest that compromises or could compromise the Board or committee memberrsquos independence of judgment in exercising his or her responsibilities to the CoC It is the position of this CoC that conflicts of interest shall not compromise the CoCrsquos work and that even the appearance of a conflict shall be avoided in all circumstances

2 ADHERENCE TO CONFLICT OF INTEREST POLICY CoC Board and committee members are expected to adhere to the CoC Conflict of Interest Policy which requires the member to minimize conflicts of interest disclose ethical legal financial and other conflicts and remove themselves from decision-making if they would otherwise be called on to act on a conflict involving themselves their family members or entities with which they or their family members are closely associated Under the policy Board members are required to disclose actual or potential conflicts of interest as well as certain relationships and transactions No CoC Board member may participate in or influence discussions or resulting decisions concerning the award of a grant or other financial benefits to the organization that the member represents pursuant to 24 CFR part 57895

3 DEFINITIONS The CoC will assure that Board and committee members acknowledge the federal and state definitions of conflict of interest and are in full compliance with state and federal law a Conflict of Interest definitions aligning with federal statute are

i Conflict of Interest generally means a situation in which a Board member or his or her immediate family member has directly him- or herself or indirectly through another individual or entity a personal or financial interest that compromises or could compromise the Board memberrsquos independence of judgment in exercising his or her responsibilities to the CoC

ii Prohibited Conflict of Interest means a conflict of interest that would prevent a Board member from serving on the Board or participating in any of the Board activities A Board member who has a potential or actual Prohibited Conflict of Interest must resign from the Board Prohibited Conflicts of Interest include CoC compensation and employment loans federal employee status use of CoC equipment facilities assets or staff time for non-CoC purposes and acceptance of gifts gratuities favors or anything of monetary value

iii Issue-Specific Conflict of Interest means a conflict of interest that would prevent a Board member from voting on or being present during the discussion of a specific issue such as votes on contracts and CoC leadership

b Oregon Revised Statutes Chapter 244 defines actual and potential conflict of interests for members

of public bodies No Board or committee member shall participate in a decision in which he or she has a private pecuniary interest Affected members shall disqualify themselves from participation by written notification to the Board as required by ORS 244120

i A potential conflict of interest exists when a Board or committee member takes an action that

reasonably could be expected to have a financial impact on that member a relative or a business with which the member or members relative is associated The member may participate in an action after declaring the potential conflict and announcing its nature

Page 72 of 81

9

ii An actual conflict of interest exists when an action is reasonably certain to result in a special benefit or detriment to the member a relative or a business with which the member or members relative is associated The member will declare the actual conflict and announce its nature The member must then refrain from taking any official action except when the members vote is necessary to achieve a quorum When a vote is necessary to achieve a quorum the member may vote but may not participate in any discussion or debate on the issue out of which the actual conflict arises

4 PENALTIES A Board member who purposefully conceals a conflict of interest refuses to recuse him- or

herself from voting or engages in other conduct that violates the CoC Conflict of Interest policy will be subject to removal from the Board

5 ANNUAL DECLARATION Board and committee members are to annually receive a copy of the CoC Conflict of Interest Policy sign the CoCrsquos Conflict of Interest form and submit the form to CoC staff

B B CODE OF CONDUCT 1 GENERAL PROVISIONS CoC members are expected to observe the highest standards of ethical conduct

in the execution of their responsibilities to conduct themselves with courtesy and respect and to refrain from harassment intimidation discrimination and physical or verbal abuse

2 CONFIDENTIALITY CoC members must respect and maintain the confidentiality of sensitive information

they may gain from their association with the CoC This may include personal information about community members experiencing homelessness

3 RESPONSIBILITY AND INTEGRITY In the performance of their duties CoC members are expected to carry out CoC duties to the best of their abilities and to maintain the highest standards of integrity for actions with other CoC members including CoC Board members service providers service recipients and members of the general public CoC Board and committee members shall put forth honest effort in the performance of their duties to advance the CoCrsquos mission exercising sufficient control and supervision over matters for which they are individually responsible and should not do anything to bring the full CoC or its members into disrepute

4 MISUSE OF POSITION Misuse of position is prohibited A CoC member must not use his or her position with the CoC for personal gain or for the benefit of family or friends

5 COMMUNICATIONS CoC members shall make clear when communicating publicly or with the media whether they are speaking in their own name on behalf of their agency or organization or on behalf of the CoC if the CoC Board has empowered them to speak on the CoCrsquos behalf

6 WASTE FRAUD AND ABUSE CoC members shall disclose waste fraud abuse and corruption in the operation of the Continuum of Care to appropriate authorities

7 EQUAL OPPORTUNITY CoC Board members shall adhere to laws and regulations that provide equal opportunity for all people regardless of race color religion gender identity national origin ethnicity sexual orientation age or disability

Page 73 of 81

10

8 PENALTIES This Code of Conduct will be distributed annually to CoC members Members in violation of any portion of this Code of Conduct will be subject to disciplinary action which could include immediate termination from the CoC Board or CoC committees

9 ANNUAL DECLARATION Board members are to annually receive a copy of the Code of Conduct acknowledge receipt by signing a form and submit a copy of the signed form to CoC staff

O ARTICLE II CONTINUUM FCARE GOVERNANCE STRUCTURE

ARTICLE IV OPERATING THE CONTINUUM OF CARE

A CoC RESPONSIBILITIES The CoC Board is responsible for assuring that the following responsibilities are accomplished with broad participation from CoC stakeholders

1 Hold meetings of the full membership with published agendas at least semi-annually pursuant to 24 CFR part 5787(a)(1)

2 Make an invitation for new members to join the CoC publicly available within the geographic area at least annually pursuant to 24 CFR part 5787(a)(2)

3 Adopt and follow a written process to select a board to act on behalf of the CoC The process must be reviewed updated and approved by the CoC at least once every five (5) years pursuant to 24 CFR part 5787(a)(3)

4 Appoint additional committees subcommittees or workgroups pursuant to 24 CFR part 5787(a)(4)

5 In consultation with the Collaborative Applicant and HMIS Lead develop follow and update annually a governance charter which will include all procedures and policies needed to comply with Subpart B of part 5787 and with HMIS requirements as prescribed by HUD and a code of conduct and recusal process for the board its chair(s) and any person acting on behalf of the board pursuant to 24 CFR part 5787(a)(5)

6 Consult with recipients and subrecipients to establish performance targets appropriate for population and program type monitor recipient and subrecipient performance evaluate outcomes and take action against poor performers pursuant to 24 CFR part 5787(a)(6)

7 Evaluate outcomes of projects funded under the Emergency Solutions Grants (ESG) program and the CoC program and report to HUD pursuant to 24 CFR part 5787(a)(7)

8 In consultation with recipients of Emergency Solutions Grants program funds within the geographic area establish and operate either a centralized or coordinated assessment system that provides an initial comprehensive assessment of the needs of individuals for housing and services The CoC must develop a specific policy to guide the operation of the centralized or coordinated assessment system on how its system will address the needs of individuals and families who are fleeing or attempting to flee domestic violence dating violence sexual assault or stalking but who are seeking shelter or services from nonvictim service providers This requirement along with requirements established by HUD by notice is pursuant to 24 CFR part 5787(a)(8)

Page 74 of 81

11

9 In consultation with recipients of Emergency Solutions Grants program funds within the geographic

area establish and consistently follow written standards for providing CoC assistance as further described in 24 CFR part 5787(a)(9)

10 Designate and operate a single Homeless Management Information System (HMIS) for the geographic area including designating a single system and an HMIS lead reviewing revising and approving a privacy plan security plan and data quality plan for the HMIS ensuring consistent participation of recipients and subrecipients in the HMIS and ensuring that the HMIS is administered in compliance with HUD requirements pursuant to 24 CFR part 5787(b)

11 Develop a CoC plan that includes coordinating the implementation of a housing and service system that meets the needs of homeless individuals including unaccompanied youth and families The system shall include at a minimum outreach engagement assessment shelter housing supportive services and prevention strategies pursuant to 24 CFR part 5787(c)(1)

12 Plan for and conduct at least biennially a Point-in-Time Count of homeless persons within the geographic area as described in 24 CFR part 5787(c)(2)

13 Conduct an annual gaps analysis of the homeless needs and services available within the geographic area pursuant to 24 CFR part 5787(c)(3)

14 Provide information required to complete the Consolidated Plan(s) within the CoCrsquos geographic area pursuant to 24 CFR part 5787(c)(4)

15 Consult with state and local government Emergency Solutions Grants program recipients within the CoCrsquos geographic area on the plan for allocating Emergency Solutions Grants program funds and reporting on and evaluating the performance of Emergency Solutions Grants program recipients and subrecipients pursuant to 24 CFR part 5787(c)(5)

16 Prepare an application for funds that includes a collaborative process in response to a Notice of Funding Availability (NOFA) published by HUD under 24 CFR part 57819

17 OF THE COC AND THE COC BOARD

B CoC REPORTS The CoC Board shall approve the following reports and documents prior to releasing such reports and documents to the community

1 CoC Program Project Priority List 2 Inventory of Homeless Services 3 Annual or Biennial Point-in-Time Count Report 4 Housing Inventory Chart 5 Longitudinal Systems Analysis (LSA) and 6 Homeless Coordinated Entry System Report

Page 75 of 81

12

C CoC CORRECTIVE ACTIONS PROCESS 1 ANNUAL PROGRAM REVIEW CoC funded programs or projects will be reviewed by the Performance

and Evaluation Committee annually with findings reported to the CoC Board 2 RESPONSES TO IMPROVE PROGRAM PERFORMANCE

a Should the Board determine that a program is not meeting established performance measures staff will notify the program or project in writing The organization overseeing the program or project will have the opportunity to provide additional performance information within 30 days of receipt of the CoC notification

b If the program or projectrsquos performance is related to certain items as determined by the CoC Board such as late Annual Performance Report submissions unused funding low utilization low exits to permanent housing low scores on income measures or alignment of program participation with wait list protocols the CoC Board may place a program on probation to improve its performance

c During the probationary period the CoC will enter into a Performance Improvement Agreement with the program or project needing improvement listing specific expectations and timeline

d CoC staff will facilitate technical assistance as needed and available as part of the Performance Improvement Agreement The organization overseeing the program or project is responsible for requesting specific assistance in low-scoring performance areas and requesting clarifications from the CoC about performance measures and expectations

e The length of the probationary period will be proposed by the Performance and Evaluation Committee negotiated by CoC staff and approved by the CoC Board Extensions may be requested for extenuating circumstances and are subject to Board approval If the program or project does not fulfill the agreed-upon expectations included in the Performance Improvement Agreement the Board may reduce funding or ranking may reject future applications from that program or project for HUD CoC Program funds or other remedies approved by HUD

D DESIGNATING AND OPERATING A HOMELESS MANAGEMENT INFORMATION SYSTEM

1 HMIS PURPOSE The primary purpose of the CoCrsquos Homeless Management Information System (HMIS) is to aggregate data on homelessness across Marion and Polk counties to accurately describe the regionrsquos scope and evaluate the effectiveness of efforts to reduce and end homelessness The CoC uses HMIS to a Understand the characteristics and service needs of homeless people b Analyze how homeless people use services c Evaluate program effectiveness and outcomes d Improve access to and delivery of services for people experiencing homelessness and e Strengthen community planning and resource allocation

2 DESIGNATED HMIS ROLES Oregon Housing amp Community Services (OHCS) is designated as the HMIS Lead AgencyAdministrator Portland Housing Bureau is the vendor that provides the licensed software for the HMIS system Mid-Willamette Community Action Agency is designated as the CoC regionrsquos HMIS Coordination Entity designated by the HMIS Lead to coordinate data collection and data analysis for the region The CoC Board oversees the work of the HMIS partners

3 HMIS DECISIONMAKING AUTHORITY HMIS decisions which affect local CoC operations are made by the

HMIS Administrator in consultation with the HMIS Users Workgroup and HMIS Coordination Entity HMIS decisions which affect CoCs participating in statewide HMIS implementation will be made by the Northwest Social Services Connections Committee with representation from each CoC in Oregon The

Page 76 of 81

13

HMIS Lead will keep CoC staff informed of issues and decisions and will provide a summary of key decisions to the CoC Board at least annually

4 HMIS LEAD RESPONSIBILITIES Oregon Housing amp Community Services as HMIS Lead works closely with

the CoC and is responsible for maintaining the CoCrsquos HMIS system in compliance with HUD standards OHCS is responsible for coordinating the following activities a Providing operation security maintenance system auditing and technical support of HMIS central

hardware software and connectivity b Executing a written HMIS Participation Agreement with each Contributing HMIS Organization (CHO)

which includes the role obligations and authority of the HMIS Lead and the organization and requirements to comply with security privacy and data quality plans

c Setting up and managing user accounts access levels and passwords d Providing technical and user support for HMIS software including agency account set-up system

monitoring and testing problem diagnosis and resolution and routine software and information maintenance

e Providing and coordinating ongoing training and technical support for the system f Ensuring consistent HMIS participation by CoC and Emergency Shelter Grant (ESG)recipients and

subrecipients g Maintaining and updating a Privacy Plan Security Plan and Data Quality Plan h Ensuring the accuracy of data including regularly assessing that all participating agencies are

accurately and comprehensively capturing participant entry and exit dates and providing technical assistance to correct data quality challenges

i Coordinating regular end user meetings ie HMIS Users Workgroup meetings to discuss software updates data entry report writing and system management issues

j Serving as point of contact for end user questions and concerns k Assessing compliance with the CoCrsquos HMIS Policies and Procedures Manual l Maintaining contact with the software product developer to ensure consistent and uniform

communication among product support personnel and the community m Generating information on the communityrsquos homeless and housing situation for community

planning advocacy and funder reporting requirements n Assisting end users in the creation of custom reports and queries o Providing regular aggregate data reports to participating agencies CoC staff and the CoC Board p Reviewing and implementing product upgrades q Completing the Annual Homeless Assessment Report r Conducting regular data quality checks and providing reports to the CoC Board and s Serving as the applicant to HUD for grant funds to be used for HMIS activities for the CoCrsquos

geographic area as approved by the CoC Board

5 PROVIDER PARTICIPATION Any organization within the CoC geographic region that receives Continuum of Care Program and Emergency Solutions Grant (ESG) funds must participate in HMIS as a Contributing HMIS Organization (CHO) In addition the CoC encourages all providers of services to homeless individuals and families within the CoC geographic area regardless of whether they receive CoC or ESG funds to become a CHO and include their data in HMIS

6 HMIS MANUAL To ensure compliance with HUD requirements the HMIS Lead in collaboration with the

HMIS Coordination Entity HMIS Users Workgroup and other stakeholders is responsible for developing and annually reviewing and updating the CoCrsquos HMIS Policies amp Procedures Manual The manual provides the framework for the ongoing operations of the HMIS system It includes the CoCrsquos privacy data quality and security plans for the HMIS system At any time the HMIS Lead HMIS Coordination Entity HMIS Users Workgroup or CoC Collaborative Committee may identify elements of policies or

Page 77 of 81

14

procedures or other HMIS-related plans that need to be revised Recommendations for revisions are to be submitted to the HMIS Lead The HMIS Lead will present the HMIS Policies amp Procedures Manual to the CoC Board annually or more frequently if significant substantive changes are proposed

E PREPARING AN APPLICATION FOR FUNDS 1 PURPOSE A major function of the Continuum of Care is to prepare and oversee the applications for CoC

funds administered by HUD under the McKinney-Vento Homeless Assistance Act The CoC Program is designed to assist individuals and families experiencing homelessness and to provide the services needed to help them move into housing with the goal of long-term stability The CoC Program funds important housing and services programs such as permanent housing (including permanent supportive housing and rapid re-housing) transitional housing and supportive services programs HUD CoC Program funds are granted annually based on a national competition following the release a Notice of Funding Availability (NOFA) Recipients of Emergency Solutions Grant funds another homeless assistance grant administered under the McKinney-Vento Act are required by HUD to coordinate with the CoC The CoC addresses that requirement through coordinating with the ESG review and ranking process and ESG scoring tool development

2 COLLABORATIVE APPLICANT The Mid-Willamette Valley Council of Governments (COG) is designated as

the CoC Collaborative Applicant and is responsible for leading and supporting all aspects of the annual HUD CoC NOFA application process including submission of the Consolidated Application

3 PROJECT REVIEW PROCESS

a Immediately after HUDrsquos Continuum of Care Program NOFA is released the Collaborative Applicant will coordinate and carry out the activities needed to successfully submit a Consolidated Application on behalf of the CoC

b Tasks required for project review in preparation for NOFA submission include the following

i Prior to the NOFA release the Collaborative Applicant will develop a draft timeline for the NOFA process and design scoring tools and any corresponding local application materials to assist in the review and ranking of renewal and new project applicants Review and ranking materials will take into consideration both local and HUD priorities

ii Scoring tools and the draft timeline will be reviewed by the Performance and Evaluation Committee and recommended to the CoC Board for approval

iii Upon publication of the NOFA the Collaborative Applicant will schedule and publicize a date and time for a Technical Assistance Workshop and finalize the timeline and priorities for the NOFA process

iv Applicants may participate in the Technical Assistance Workshop At the workshop the Collaborative Applicant will present an overview of the NOFA and the process for reviewing and ranking applications The orientation will describe HUD application requirements supplemental local application materials the scoring tool and applicable deadlines and dates Applicants will also have an opportunity to ask questions The CoCrsquos NOFA timeline and application materials will be posted in the CoC webpage

v Applicants will complete and submit application materials by the established deadline vi Late applications will not be accepted vii As an exception to Article IVD3bvi applicants with significant extenuating circumstances may

submit a petition to CoC staff for an extension Extensions require the approval of the CoC Board or the CoC Executive Committee if delegated the authority for this purpose by the Board It is anticipated that exceptions will be granted in very rare circumstances and not applied in

Page 78 of 81

15

situations where advance planning could have resulted in the application being submitted timely

viii Incomplete applications cannot be supplemented with more information or materials to reach a level of completeness once submitted to the CoC for review and ranking but must be completed prior to HUD submission if selected for funding

ix A subcommittee of the Performance and Evaluation Committee is appointed by the CoC Board to review and rank project applications as described in Article II Section E Subcommittee members receive and review application and scoring materials prior to the subcommittee meeting in preparation to score each programrsquos application

x The subcommittee of the Performance and Evaluation Committee meets to jointly discuss and critique each application and may interview applicants as part of the meeting If applicant interviews are included in the review process all applicants must have the opportunity for an interview After discussion and any applicant interviews subcommittee members individually score applications based on the scoring tools

xi A preliminary ranked list is created by the following procedures (a) A ranked list is prepared based on a composite of raw scores for each application (b) Applications that do not meet certain threshold requirements as detailed on the scoring

tool will not be included on the ranked list (c) If the NOFA makes available bonus funds in a program area the highest scoring eligible

projects will be designated for bonus funding in those relevant program areas xii The CoCrsquos goals for priority funding are to promote high-performing projects in alignment with

community and federal priorities Scoring tools will reflect the communityrsquos implementation of local and federal priorities as determined by the CoC Board

xiii Scores and subcommittee feedback on applications are sent to applicants along with a reminder of the appeals process and deadline by the established deadline

4 REALLOCATION OF FUNDS HUD encourages CoCs to reallocate funds from projects with substandard

performance to higher priority community needs that also align with HUD priorities and goals Prior to the release of the NOFA the Performance and Evaluation Committee facilitates a reallocation discussion in consultation with the CoC Collaborative Committee and CoC Board Scenarios for potential reallocation decisions based on the CoCrsquos gaps analysis and strategic plan are provided to the Performance and Evaluation Subcommittee to consider during the ranking process Final reallocation decisions are approved by the CoC Board

5 APPEALS a APPEALS COMMITTEE As described in Article II Section E appeals are considered by the Appeals

Committee or Executive Committee as designated by CoC Board The Appeals Committee will be established only if an applicant requests an appeal

b ELIGIBILITY TO APPEAL Eligible applicants have the opportunity to appeal both their scores and

preliminary rankings prior to the ranked list being finalized and approved by the CoC Board i The following applicants are eligible to appeal

(a) An applicant that receives less funding than applied for (b) An applicant that is ranked below Tier 1 (c) An applicant that is ranked in the bottom third of Tier 1 (d) An applicant that believes its score is not reflective of the application information provided

or (e) An applicant that can describe bias or unfairness in the process that warrants the appeal

ii Applicants that have not met the threshold requirements are not eligible to appeal

Page 79 of 81

16

c APPEALS PROCESS i Appeals must be received in writing with supporting documentation by the established

deadline ii Notices of appeal must be based on the information submitted by the application deadline No

additional or new information will be considered iii The notice of appeal must include a written statement specifying in detail the grounds and

rationale asserted for the appeal iv Valid appeals will be read reviewed and evaluated by the Appeals Committee that will meet to

consider and deliberate appeals based on the applicantrsquos appeal statement and the application materials that the applicant originally submitted to the CoC

v The Appeals Committee will make modifications to the preliminary list based on the results of the appeals process Appeals Committee decisions must be supported by a 23 majority vote

vi The appealing agency will receive a written decision of the Appeals Committee within two (2) business days of the Appeals Committee meeting

vii Appeals Committee decisions result in the final prioritized list submitted for approval to the CoC Board

6 FINAL PRIORITIZED LIST OF APPLICATIONS

a A final ranked project list is submitted to the CoC Board for review and approval after appeals have been determined and the Appeals Committee has made any modifications to the preliminary prioritized list Any Board member with a conflict of interest must recuse himself or herself from all related discussions and abstain from voting on the final priority list As stated in Article II Section A and Article III Board members with conflicts of interest are subject to removal from the Board

b The Collaborative Applicant submits the CoCrsquos approved Consolidated Application to HUD prior to the HUD NOFA deadline

c Conditional award funding is typically based upon the prioritized list of Project Applicants that is submitted however actual awards and award amounts are determined by HUD

ARTICLE V CHARTER AMENDMENTS

1 PROCESS This governance charter may be amended at any CoC Board meeting by a 23 majority vote of the appointed voting Board membership Copies of proposed amendments will be available for review at least one week prior to the Board meeting at which the proposed amendments are considered The Board will seek prior review and recommendation by the CoC Collaborative Committee of any amendments to the charter unless circumstances require an immediate change In the latter situation CoC staff will provide an explanation of the circumstances and provide opportunity for comments and input prior to and as part of the Board meeting

2 FREQUENCY OF REVIEW The CoC Collaborative Committee and Board will review this charter annually

Page 80 of 81

PENDING CITY COUNCIL AGENDA ITEMS 04092020

APRIL 14 2020 - 630 PM APRIL 28 2020 - 630 PM

Agenda items due 1000 am 040920 Agenda items due 1000 am 042320

raquo Hearing amp ord Code changes (comm stds) (Fred)

raquo OLCC appl - The Tap Station (Hedlund) raquo Ordinance - code changes (HPC)

raquo Cherriotts Bus Stop Parking (Kie) raquo Liquor licensing policy

raquo Homeless Alliance IGA (Tom) raquo Alcohol concessions contract (Tom)

raquo AXON contract (Bob) raquo Event Center contract (TomShawn)

raquo Res 1526 USDA grant application (Shawn) raquo Info Report 3Q Finance Report (Gloria)

raquo raquo F Street Design RFP Selection (Kie)

raquo raquoraquo raquo MinutesNotesPACTracking Log

raquo raquo Liaison Reports MINET Park amp Rec

raquo MinutesNotesPACTracking Log and Planning

+ Urban Renewal Agency if needed + Urban Renewal Agency if neededMAY 12 2020 - 630 PM MAY 26 2020 - 630 PM

Agenda items due 1000 am 050720 Agenda items due 1000 am 052120

raquo Parking ordinance update review raquoraquo Arbor Day proclamation raquoraquo TSP Consultant presentation raquoraquo Museum presentation (Carly) raquoraquo Lot 7 DDA (ShawnTom) raquoraquo raquo MinutesNotesPACTracking Log

raquo raquo Liaison Reports Library WIMPEG

raquo MinutesNotesPACTracking Log and Museum Commission

+ Urban Renewal Agency if needed + Urban Renewal Agency if neededJUNE 9 2020 - 630 PM JUNE 23 2020 - 630 PM

Agenda items due 1000 am 060420 Agenda items due 1000 am 061820

raquo raquo Budget Adoption

raquo raquoraquo raquoraquo raquoraquo raquoraquo raquo MinutesNotesPACTracking Log

raquo raquo Liaison Reports Traffic Safety Historic Preservation

raquo MinutesNotesPACTracking Log and Independence Days

+ Urban Renewal Agency if needed + Urban Renewal Agency if neededFuture Items City Council LiaisonsIndpMonm IGA re MINET (City Mgr) Historic Preservation Commission Councilor Takacs2019 Transportation financing discussion (unf bsn) Hop amp Heritage Block Party Councilor CorrDuplex ADU worksession HPC worksession Independence Days Commission Councilor CorrJan 2021 - 9th St Sewer projects bid award (kie) Library Board Councilor MortonOverlay project award (Winter 2020) (Kie) MINET Councilor HicksF St Construction Award Museum Advisory Board Councilor MortonHoffmanGun club intersection project (wk ssn) (Kie) Parks amp Rec Committee Councilor Martin-WillisPublic Hearing LA-04-2018 (HPC code update) (Fred) Planning Commission Councilor Martin-WillisOnstreet parking regulations (BobTom) Traffic Safety Commission Councilor TakacsSidewalk program (KieShawnTom) WIMPEG Councilor Ranstrom-Smith(IMC) update Building Codes provisions

Budget MeetingsMar 25 Budget Committee Orientation (rescheduling TBA)May 6th Budget CommitteeMay 13th Budget CommitteeMay 20th Budget Committee (if needed)June 23rd Council - Budget Adoption

Page 81 of 81

  • Agenda
  • 31 March 24 2020
  • 61 Council Action Memo
  • 61 Cherriots Presentation
  • 71 Council Action Memo
  • 71 Tap Station OLCC application
  • 72 Council Action Memo
  • 72 AXON Proposal
  • 73 Council Action Memo
  • 73 Resolution 20-1526
  • 74 Council Action Memo
  • 74 Interim IGA
  • 74 COG Scope of Work
  • 74 MWHA Governance Charter
  • 91 04-09-2020
Page 3: City of Independence

Page 1 of 7 City Council Minutes 03-24-2020

City of IndependenceCity Council Meeting

Tuesday March 24 2020 Minutes

1

PLEASE NOTE The Mayor and City Councilors will be attending the meeting via teleconference The Chambers will be open for public comment The city asks that attendees use Oregon Health Authority social distancing recommendations and the room will be limited to no more than 25 persons

CALL TO ORDER The meeting was called to order at 630 pm by Mayor John McArdle

2 ROLL CALL

Council Chambers Remote

Elected Officials Present Mayor McArdle Shannon Corr

Kathy Martin-WillisMarilyn Morton Jennifer Ranstrom-SmithTom Takacs

City Staff Present Tom Pessemier City Manager Gloria Butsch Finance DirectorKarin Johnson City Recorder Kie Cottam Public Works DirectorJason Kistler IT Manager Fred Evander Senior Planner

Shawn Irvine Econ Devel DirectorRobert Mason Chief of Police

AbsentCouncilor Michael Hicks (excused)

3 MINUTES The minutes of the March 10 2020 Regular Meeting and the March 14 2020 Special Meeting were submitted in the agenda packet

ACTIONCouncilor Morton moved to approve the minutes of March 10 2020 and March 14 2020 as submitted Councilor Martin-Willis seconded Motion passed 5-0-0 AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

Page 3 of 81

Page 2 of 7 City Council Minutes 03-24-2020

4 VISITORSPUBLIC COMMENTS41 Anne Scheck Here representing Trammart News and Publishing regarding feedback received

With all the discussion regarding city debt water bills regarding MINET many are appreciating MINET in our time of need

Many are asking that utility billing mailings contain reassurances regarding water supply

Regarding the library parents are asking if they are able to check out or have access to books

In Riverview Park and the Library parking lot there is WiFi does the stay at home order include a ban to going there Is there a request to stay in a car or be in a particular area

Could the City Facebook page have updates regarding upcoming events such as Touch-A-Truck are posted

She thanked the city for organizing this so citizens can tune in to listen perhaps make available on the city Facebook site on how to do this City Manager Pessemier noted that the Governorrsquos order covers some portions of the park people can drive to the park and the library parking lot ndash free WiFi is there and has been available for some time

5 REPORTSPRESENTATIONS51 Mayor McArdle

We are facing big challenges ndash challenges that most of us have never dealt with before Many people are worried and have legitimate questions He understands ndash he has his own concerns He is also confident because of the people in our community and our great staff that are doing everything they can to provide the safest quality of life for us

He is honored to be working with Mayor Cec Koontz Fire Chief Ben Stange Superintendent Jennifer Kubista WOU President Rex Fuller and Representative Paul Evans ndash all working to provide service - working to provide for our communities provide information and focused on keeping everyone safe

He has two requests ndash we want to keep people safe Need to do social distancing Everyone is to take personal responsibility we donrsquot have to try to fix things in Portland in Washington DC ndash he is asking us to impact the people you know and touch Help to set a new community standard that we will have social distancing ndash this is important for our seniors those with compromised immune systems cancer victims and our youngest residents who have little or no immune system We all need to do what we can to keep them safe So he is asking everyone to do two things

1 Take personal responsibility that this is the new standard ndash maintain social distancing in the store and any time there are people around you Parents talk to your kids young people talk to your friends Make this the new expectation of being a good neighbor in our community - social distancing is a way to keep safe

2 Reach out to neighbors family friends People donrsquot like having to be inside Take some time call gramma grandpa Call folks that you know that arenrsquot able to get out Call your mom parents call your kids Call your friends Make sure they donrsquot feel

Page 4 of 81

Page 3 of 7 City Council Minutes 03-24-2020

alone This is a time when we will define our community state and nation this is a new time and how we deal with this makes a huge difference

He is confident that we will overcome this ndash things will get better it may take weeks or months but it will happen Please do your part to make our community a safe place and a healthy place because we are going to come back on the other side of this because we live in Independence and good things are going to happen here

52 City Manager He noted that we are not broadcasting live we donrsquot want to overwhelm our systems We do not have expensive broadcasting routers and such that could handle this for now we are recording the meeting and will post it online We are looking for live stream options at future meetings

We know that many small businesses are barely holding on residents are living paycheck to paycheck and perhaps no paycheck in the immediate future We know we will have to change our policies to help our residents through these unprecedented times Wants people to know that this Council and the city cares about its residents and we are doing what we can to work through this challenging time together Together we will get through this and Independence will remain an amazing place to live work and play

Managerrsquos report On Saturday March 14th only ten days ago we had special meeting went

through the Vision 2040 statements It was a great exercise and it puts the finishing touches on the plan with some great ideas for moving forward Couldnrsquot do the priorities setting afterward he appreciates council indulgence so that he could spend time with management staff to meet regarding our Covid-19 response

Working 7 daysweek regarding city operations We are in a good place with all employees working and have modified nearly every operational procedure

We continue taking the lead from Centers for Disease Control Oregon Health Authority and the Oregon Governor and we are staying in our lane supporting our community and the residents we serve

Status of city facilities City hall is closed to the public as of tomorrow Staff is available via

telephone or online A drop box will be placed in the lobby for residents Police dept visitors by appointment only Any non-emergency calls will be

taken over the phone Municipal court arraignments are canceled to May The library is closed to the public The museum is closed The boaterbiker campground is closed Playgrounds are closed Signs have been put up signs to remind all to use social distancing in all

parks All events are closed at city hall The building department is working doing as much digitally as we can we

are looking at ways to do inspections etc

Page 5 of 81

Page 4 of 7 City Council Minutes 03-24-2020

Employees are taking many precautions social distancing is observed and a policy has been set Staff is telecommuting as much as possible

Communications Have appointed Sgt Lyle Gilbert as PIO he has had training for this We are going to be working with our local partners to get information out as much as we can Working on the website getting multiple pages available The website will always have the most current information

The Spanish-version website went live tonight We continue to work collaboratively with information releases Small businesses ndash take-out is available and we need to support them now

more than ever The hotel is open people are using it for their remote office Looking at potentially standing up the Emergency Operations Center The Vision 2040 meeting was a good diversion for all of us Advice is that even

in the worst times work on projects for the future something constructive The City continues toward a bright future

Councilor Morton asked if there was a moratorium on water shutoffs Pessemier said yes that we have committed to this to the beginning of May and will extend it as needed Also we will not apply late fees

6 UNFINISHED BUSINESS None

7 NEW BUSINESS71 Bid Award ndash Sunset Park Public Works Director Cottam summarized the Council memo as submitted in the agenda packet Staff is requesting the authority to award the contract for services for Sunset Park to the low bidder KampE Excavation in the amount of $9258000

ACTIONCouncilor Martin-Willis moved to award the contract for services for Sunset Park to KampE Excavation for $92580 and an allowance of $9258 for contingency and authorize the City Manager to execute the necessary contract documents Councilor Morton seconded Motion passed 5-0-0 AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

72 Bond Refinancing Finance Director Butsch summarized the Council memo as submitted in the agenda packet This would authorize the City Manager or designee to proceed with bond refunding of the MINET 2010 A and 2017 B bonds and SPWF Hoffman Rd loan when savings become beneficial to the city She noted there is some proposed legislation to help local governments lift moratorium on advance refundings if it happens it would give us a few more opportunities Discussion of motion Pessemier noted that formal council action would be needed this would enable staff to move quickly

ACTION Councilor Morton moved to authorize the City Manager or designee to proceed with refunding of any applicable bonds and loans when the market stabilizes and refunding provides sufficient savings Councilor Takacs seconded Motion passed 5-0-0

Page 6 of 81

Page 5 of 7 City Council Minutes 03-24-2020

AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

73 Release of Easement City Manager Pessemier summarized the Council memo as submitted in the agenda packet This would release an existing utility easement granted to the city as part of the Independence Landing project a new easement has been provided

ACTIONCouncilor Corr moved to declare the Public Utility Easement dated November 21 2018 and recorded December 6 2018 Instrument No 2018-014074 as abandoned and no longer in use by the City and authorize the City Manager to execute any documents necessary to release this easement in an executed and recorded Release of Easement Councilor Ranstrom-Smith seconded Motion passed 5-0-0 AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

74 Resolution 20-1524 Authorizing Grant Application Economic Development Director Irvine summarized the Council memo as submitted in the agenda packet This is for a grant application from the Oregon Parks amp Recreation Department for redevelopment of Riverview Park Proposing to utilize SDC funds for grant match

ACTIONCouncilor Ranstrom-Smith moved to approve resolution 20-1524 Authorizing a Grant Application to Oregon Parks amp Recreation Department Councilor Morton seconded Motion passed 5-0-0 AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

75 Resolution 20-1525 Authorizing Grant Application Economic Development Director Irvine summarized the Council memo as submitted in the agenda packet This is for a grant application from the Oregon Land amp Water Conservation Fund for redevelopment of Riverview Park Proposing to utilize SDC funds for grant match

ACTIONCouncilor Martin-Willis moved to approve Resolution 20-1525 Authorizing Application for a Local Government Grant from the Oregon Land amp Water Conservation Fund Councilor Takacs seconded Motion passed 5-0-0 AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

76 Council Bill 2020-02 Amends Independence Development Code File No LA-2019-04 Planner Evander summarized the Council memo as submitted in the agenda packet Staff is submitting the legislation that would amend the Independence Development Code as approved at the public hearing for Legislative Amendment

Page 7 of 81

Page 6 of 7 City Council Minutes 03-24-2020

LA-2019-04 at public hearing on February 25th

ACTION1st MOTION Councilor Morton moved to read the proposed Ordinance Council Bill 2020-02 in full as the text is contained in the Council packet for the first time Councilor Takacs seconded Motion passed 5-0-0 AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

City Recorder Johnson read the ordinance title

2nd MOTION Councilor Martin-Willis moved to read the proposed Ordinance Council Bill 2020-02 for the second time by title only Councilor Ranstrom-Smith seconded Motion passed 5-0-0 AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

City Recorder Johnson read the ordinance title

3rd MOTION Councilor Martin-Willis moved to adopt the proposed Ordinance Council Bill 2020-02 Councilor Takacs seconded Motion passed 5-0-0 AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

City Recorder Johnson announced the bill passed and will be assigned ordinance number 1576

Councilor Martin-Willis thanked Evander for his diligent and persistent work on this project

Mayor McArdle thanked staff for putting this meeting together appreciates all city staff to keep us moving forward

8 COUNCIL ANNOUNCEMENTS None

9 GENERAL INFORMATION Items submitted in the packet are for information only no action was required by city council

10 ADJOURN There being no further business to come before the council Councilor

Page 8 of 81

Page 7 of 7 City Council Minutes 03-24-2020

Martin-Willis moved to adjourn motion passed 5-0-0 AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

Meeting adjourned 719 pm

__________________________________MAYOR JOHN McARDLE

ATTEST

____________________________________Karin Johnson MMC City Recorder

Page 9 of 81

Page 10 of 81

555 South Main Street Post Office Box 7 Independence OR 97351

Phone 503838-1212 Fax 503606-3282 email kcottamciindependenceorus

[ ] Information Only [ X ] Action Requested

Statement of IssueStaff is requesting the authority to allow Cherriots Public Transportation services to install 12 new bus stops in Independence

BackgroundCherriots has made 2 previous presentations to council for new bus route and service one in June 2019 and one this year on February 25th Today is the final presentation and request for installation of 12 new bus stops

DiscussionThe city has committed to improving public transportation with several partners Cherriots Public Transportation is an important link to our neighboring cites in Polk County This new service will enter neighborhoods frequently to provide transportation alternatives We are asking council for permission to install yellow curb at these stops approximately 50rsquo is needed for the bus to safely load and unload riders That is the equivalent of 2 parking spaces per stop The stops were placed with taking the minimal amount of parking in mind Both the Public Works Dept and Police Dept inspected and approved every stop proposed We estimate that fewer than 16 parking spots will be needed city wide

Fiscal ImpactCherriots will install and paint the curbs yellow the city will then maintain the stops from the transportation dept funds I do not have an exact amount for maintaining the stops however impact will be minimal

Options1 Approval to allow Cherriots Public Transportation Services to install 12 new bus stops in Independence 2 Defer action requesting additional information3 Deny request

CITY OF INDEPENDENCEPUBLIC WORKS MEMORANDUM

TO Mayor and City Council FROM Kie CottamMEETING DATE 04092020

SUBJECT Cherriots Bus Route 45

Page 11 of 81

555 South Main Street Post Office Box 7 Independence OR 97351

Phone 503838-1212 Fax 503606-3282 email kcottamciindependenceorus

RecommendationSuggested MotionStaff recommends Option 1

Suggested Motion ldquoI move to authorize Cherriots Public Transportation Services to install 12 new bus stops in Independence at the locations as provided by Cherriots staffrdquo

AttachmentsA Cherriots Presentation

Memo prepared by Kie Cottam PW Director

Page 12 of 81

492020

1 1

Route 45 Bus Stop Parking RemovalsIndependence City Council Meetingndash April 14 2020By Ted Stonecliffe Transit Planner II

2

Introductionbull Public outreach completedbull Purpose of bus stop parking removal requestbull Responses to neighbor concernsbull Vehicle typebull Locations of bus stops proposedbull Next stepsbull Conclusionsbull Questions and answers

1

2

Page 13 of 81

492020

1 2

3

Public outreach completed

Public surveybull Conducted in-person outreach events and a six-week online

survey in Summer 2019City council appearances

bull June 2019 February 2020 April 2020

Property owners adjacent to new stopsbull Sent letters certified return receipt USPS mail to each

adjacent property ownerbull Door hangers placed on 160 doors in vicinity of on-street

parking removals and new bus stopsbull Website with all the details cherriotsorgNewRoute45

4

Purpose of bus stop parking removalsbull Buses must have direct access to the curb in order to

loadunload passengers safely especially in mobility devicesbull In order to comply with the Americans with Disabilities Act

(ADA)

Responses to concerns

bull Worked with neighbors on 4th Street to find a better southbound bus stop location

bull Eliminated northbound bus stop on 13th Street in response to neighbor complaint

bull Minimizing parking removals for E Street due to heavy on-street parking occupancy

3

4

Page 14 of 81

492020

1 3

5

Vehicle typebull 25-ft long 14 seats wheelchair lift-equippedbull Needs 50 feet of parking removed at each location

6

Route 45 bus stop locations in Independence (12 new 4 existing)

Monmouth Independence

5

6

Page 15 of 81

492020

1 4

7

Website examples of parking removals

E Street (between 10th and 11th ) Main Street Oak Street

8

Next Stepsbull Seek approval for stops and no-parking zones from three cities ndash

April amp May

bull Release bid package to potential contractors ndash June or July

bull Begin marketing new service at least 30 days in advance of launch

bull Install new stop poles amp signs ndash August

bull Launch new service September 2020

bull Continue marketing new service actively in September

7

8

Page 16 of 81

492020

1 5

9

Conclusionsbull Public outreach allowed public to weigh in on service

design and bus stop locationsbull Property owners have been notified of pending parking

removals by the citybull Removal of parking is necessary for the safety of the riding

public and to comply with the ADAbull Worked with community members and city public works

department to develop final planbull Request for parking removals for bus stops will come from

public works department (Kie Cottam)

10

Questions

9

10

Page 17 of 81

492020

1 6

11

11

Page 18 of 81

CITY OF INDEPENDENCE OREGONMEMORANDUM

TO Honorable Mayor and City Council

FROM Tom Pessemier City Manager

SUBJECT New Establishment Liquor License Applicant

DATE April 9 2020

Action Requested X Information Only

Statement of Issue

The Tap Station LLC DBA The Tap Station located at 87 N Main St has made an application with the Oregon Liquor Control Commission for Additional Privilege This license would allow the licensee to sell wine malt beverages and ciders for Off-Premises Consumption This application is submitted as a result of the recent restrictions put into place for licensed establishments regarding COVID-19 The additional license would allow The Tap Station to selldeliver their products to the consumer for off-premises consumption I have spoken to the OLCC regarding this and they are currently seeing a large increase in these applications and as a result are granting 90-day temporary authority at application with a requirement for follow-up reviewrecommendation by the local authority prior to final decisions or issuance

Background

In 1992 our City adopted resolution 881 which establishes criteria for screening liquor license applications The police department was assigned the task to do initial reviews of each liquor license application The police department then completes a staff report on those findings for the City Council review

Analysis

I have conducted a background investigation for The Tap Station as well as Christopher Ream and did not locate any issues I believe would hinder his operation of this business Christopher has owned and operated The Tap Station since he took over its ownership in the middle of 2019 with no issues or calls for service related to alcohol at the establishment

Fiscal Impact

Page 19 of 81

As of this date I do not know if the fees for this application have been paid

Options

1 Council may recommend approval for this establishment pending the payment of all city fees

2 Council may recommend denying the license for this establishment if reasonable grounds can be established

3 Council may impose an option of its own choosing

Recommended Motion

Option 1 I move to recommend approval of the above liquor license request pending payment of all fees

Attachments

Liquor license application for Additional Privilege

Memo Prepared by

Sergeant Justin Hedlund 46248

Page 20 of 81

reg Read ImportantOregon law requires that every applicant for a liquorlicense obtain a written recommendationfrom the governing body of the county if the place of business of the applicant is outside theincorporated city or from the city councilif the place of business of the applicant is within anincorporated city You must take the attached a lication forms to the a ro riategoverning body After the endorsement process is completed a representative from the city orcounty willcontact you to pick up the application You may deliver the application to the OLCCoffice or retain it until it is requested by the license investigator

Oregon Liquor Control Commission200 Hawthorne Avenue SE Suite Bmdash210Salem OR 97301

Questions Call (503) 378-4871

Page 21 of 81

OREGON LIQUORCONTROLCOMMISSION

LIQUORLICENSEAPPLICATION1 Application Do not includeany OLCCfees with your application packet (the licensefee willbe collected at a latertime) Application is being madefor

LicenseApplied For CITYAND COUNTYUSEONLYBrewery 1st LocationBrewery 2nd LocationBrewery 3rd Location

BrewerymdashPublicHouse 1st LocationBrewery-Public House Znd LocationBrewerymdashFublicHouse 3rd LocationDistillery

Date application received andordate stamp

Name of City or County

FullOn~Premises CommercialFullOnmdashPremisesCatererFull OnmdashPremisesPassenger Carrier

FullOn~Premises Other Public LocationFullOnmdashPremisesFor Profit Private Club

Recommends this license be

III Granted D Denied

FullOnmdashPremisesNonprofit Private Club By

Grower Sales Privilege 1st Location

E Grower Sales Privilege 2nd Location Datelsquo

Grower Sales Privilege 3rd Location OLCCUSEONLYLimited On~Premises

Dateapplictiop receivedOffmdashP lsquo

XI remises

Off-Premises with Fuel PumpsK

V lsquo

Warehouse

ByWholesale Malt Beverage amp Wine

Winery 1st Location LicenseAction(s)Winery Znd Location

Winery 3rd Location

Winery 4th Location He _ Winery 5th Location I IIraquo

2 ldentifythe app|icant(s) applyingforthe license(s) ENTITY(example corporation or LLC)or IND|VlDUAL(S)applyingfor the license(s)

__ raquomdash F7)lee leeSTPiTOs3LLC EmsectQEoCgcEm

(Applicant1) (Applicant2)w JUN

mt I

(Applicant3) (Applicant4) REU_w_lsquo _ -KJI

3 Trade Name ofthe Business (Name Customers Will See)

rdquozTrsigtsectT1rsquorIOlsquovlsquo)4 Business Address (Number and Street Address of the Location that will have the liquor license)

euro7 3 H-IMFraquo STCity ZipCelNraquoDeuroPtNDtNltE rsquoigtoLg 733i

County

OLCCLiquor License Application (Rev 1110)

Page 22 of 81

TtEliigtsectTlTOM5 Trade Name of the Business (Name Customers WillSee)

6 Does the business address currently have an OLCCliquor license E YESlNo7 Does the business address currently have an OLCCmarijuana license EYESXJNO

VDTEOK318 MailingAddressPOBox Number Street Rural Route (where the OLCCwillsend your mail)

City

sectPxE

State

GELZip Code

973019 Phone Number of the Business Location

Btu3amp3 I 17w10 EmailContact for this Application

xxoLtCoIVi11 Contact Person for this Application

Otilsect ilElsquotM

VierctP one Number

OmrsquoSlWtCW3rsquoContact Persons Mailing Address (if different)

701eatevtao we seCity

Sltuim

State Zip Code

OR 0tlsquoIsect07__

Please note that liquor license applications are public records A copy of the application will be posted on the OLCC

website for a period of several weeks

I understand that marijuana (such as use consumption ingestion inhalation samples give-away sale etc) isprohibited on

the licensedpremises

I attest that allanswers on all forms documents and information provided to the OLCCare true and complete

Applicant Signatu rels)

- Each individual person listed as an applicant must sign the application

0 if an applicant is an entity such as a corporation or LLCat least one person who is authorized to sign for the entity

must sign theapplication- A person with the authority to sign on behalf of the applicant (such as the applicants attorney or a person with

power of attorney) may sign the application Ifa person other than an applicant signs the application please

wideroo fsignatureauthority

(A (Applicant2)

(App|icant3) (App|icant4)

otcc Liquor License Application (Rev 11201

Page 23 of 81

OREGON LIQUOR CONTROL COMMISSION

BUSINESS INFORMATION

Please Print or Type

Applicant Name ItET9 StPtT1gtsectgt Phone euroL FZFIVITrade Name (dba) THETAP 3 Tioixs

Business Location Address

City BEPEHDEMCF ZIP Code Ci73sectl

DAYSAND HOURS OF OPERATION

Business Hours Outdoor Area HoursSunday 7mdash- to E2314 Sunday

toMondairsquo __i T0_m MondayTU95daY A I0 E TuesdayWednesday i to WednesdayThursday 3 to

EIFriday __L to __jSaturday IS to I

The outdoor area is used for

KlsquoFood service

Aicohol service

Hours

to

area is adequately viewed andorused by Service Pennittees

(investigators Initials)

Seasonal Variations l31YesEl No if yes explain USEH-qkxig LQ1+JTiZHOOKZRuse Co-mgt-q HRS QceemdashClsquonpoundboeuroeuroeuroJiigtmecent HDUKB

ENTERTAINMENT Check anthat app|y DAYS amp HOURS OF LIVE OR DJ MUSIC

MLive Music E Karaoke

tE Recorded Music D CommdashoperatedGames sectrj3 tgDJ Music B Video Lottery Machines Tuesday to

Wednesday toD Dancing WSocial Gaming Thursday SIDSFriday g to D Nude Entertainers D Pool Tables Saturday 3 to I

D Other

SEATINGCOUNT

Restaurant Outdoor grCraquo OLCC USE ONLY

lsquobk Investigator Veried Seating__(Y) __(N)

Lounge _pound_ Other (explain)mvasgamllnmms

I

lsquo

Banquet Total Seating Date

I understand if my answei7euro)ote a complete the OLCC may deny my license application

Applicant SignatureU

-lsquo Date 3 Z3 lsquoT Z0101-800-452-OLCC (6522)

wwworegongovolcc yrsldquo 1207)Page 24 of 81

555 South Main Street Post Office Box 7 Independence OR 97351

Phone 503838-1212 Fax 503606-3282 email tpessemierciindependenceorus

TO Mayor and City Council FROM City Manager Tom Pessemier MEETING DATE April 14 2020 SUBJECT Approval of 5-year sales contract for

AXON services [ ] Information Only [ X ] Action Requested Statement of Issue A 5-year sales contract with AXON for body-worn cameras Tasers and digital cloud-based storage with software interface is submitted for council consideration Background In 2014 the City of Independence started using body worn cameras in the police department We started by testing different platforms selecting AXON as our preferred provider then negotiated a 5-year contract which was partially grant funded Our current contract expires this month and we have negotiated a new contract for Council consideration Discussion Included in the contract being considered today AXON provides body cameras and Tasers for our officers and CSOrsquos training and training aids and Taser devices for our patrol staff to wear while on patrol These devices are covered under a warranty for the life of the contract as well as a provision for camera replacement around the half-way point of the contract to the newest technology available Certification training for our instructor to be certified to train our staff and other training materials are also included The sales contract also includes software and cloud storage of video The AXON platform which we currently use allows us the ability to transfer video directly to the DArsquos office or others electronically rather than having to build DVDrsquos of video which has saved our records department a lot of time It also provides the ability for citizens to upload video directly to our AXON cloud as well as video redaction capabilities which allows us to comply with Oregon law

CITY OF INDEPENDENCE MEMORANDUM

Page 25 of 81

555 South Main Street Post Office Box 7 Independence OR 97351

Phone 503838-1212 Fax 503606-3282 email tpessemierciindependenceorus

Fiscal Impact The total 5-year contract cost is $131786 broken into annual payments of $26357 Funds are available for this fiscal year in the police department operating budget Funds would be included in the police department budget request for contract years 2-5 Options

1 Approve the contract as proposed 2 Approve the contract with amendments 3 Take no action

RecommendationSuggested Motion Staff recommends Option 1

ldquoI move to authorize the City Manager to sign a service contract for body worn cameras tasers and cloud storage with AXONrdquo Attachments

A Proposed AXON contract

Memo prepared by Robert Mason Police Chief

Page 26 of 81

Payment Terms Net 30

Delivery Method Fedex - Ground

Q-251225-43927723KP

Year 1

Item DescriptionTerm

(Months)Quantity

List Unit

Price Net Unit Price Total (USD)

Axon Plans amp Packages

20248 TASER 7 EVIDENCECOM ACCESS LICENSE 60 1 000 000 000

73687 EVIDENCECOM VIEWER LICENSE 60 1 000 000 000

73746 PROFESSIONAL EVIDENCECOM LICENSE 60 11 000 000 000

73686EVIDENCECOM UNLIMITED AXON DEVICE

STORAGE60 11 000 000 000

73683 10 GB EVIDENCECOM A-LA-CART STORAGE 60 110 000 000 000

73449 AWARE LICENSE 60 11 000 000 000

20248 TASER 7 EVIDENCECOM ACCESS LICENSE 60 11 000 000 000

20246TASER 7 DUTY CARTRIDGE REPLACEMENT

ACCESS LICENSE60 11 000 000 000

73683 10 GB EVIDENCECOM A-LA-CART STORAGE 60 10 000 000 000

73840 EVIDENCECOM BASIC ACCESS LICENSE 60 10 000 000 000

Hardware

20160TASER 7 HOLSTER - SAFARILAND RH+CART

CARRIER11 000 000 000

75015 SIGNAL SIDEARM KIT 11 000 000 000

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

Issued 04062020

Quote Expiration 05152020

Account Number 110011 Axon Enterprise Inc17800 N 85th St

Scottsdale Arizona 85255

United States

Phone (800) 978-2737

Protect Life

PRIMARY CONTACT

Justin Hedlund

Phone (503) 837-1109

Email hedlundjustinciindependenceorus

BILL TO

Independence Police Dept - OR

P O Box 7

Independence OR 97351

US

SHIP TO

Justin Hedlund

Independence Police Dept - OR

555 S Main Street

Independence OR 97351

US

SALES REPRESENTATIVE

Kyle Panasewicz

Phone (480) 905-2071

Email kylepaxoncom

Fax (480) 658-0673

Q-251225-43927723KP

1

Page 27 of 81

Year 1 (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware (Continued)

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

20014TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE STANDOFF (322 000 000 000

20015TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE CLOSE QUART22 000 000 000

20008TASER 7 HANDLE HIGH VISIBILITY (GREEN

LASER) CLASS 3R11 000 000 000

20040 TASER 7 HANDLE WARRANTY 4-YEAR 11 000 000 000

20018 TASER 7 BATTERY PACK TACTICAL 13 000 000 000

20041TASER 7 BATTERY PACK WARRANTY 4-

YEAR13 000 000 000

20042TASER 7 DOCK amp CORE WARRANTY 4-

YEAR1 000 000 000

70033WALL MOUNT BRACKET ASSY

EVIDENCECOM DOCK1 000 000 000

74200 TASER 7 6-BAY DOCK AND CORE 1 000 000 000

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)33 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)33 000 000 000

20016TASER 7 INERT CARTRIDGE STANDOFF

(35-DEGREE)1 000 000 000

20017TASER 7 INERT CARTRIDGE CLOSE

QUARTERS (12-DEGREE)1 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

73202 AXON BODY 3 - NA10 5 69900 63260 316300

74028 WING CLIP MOUNT AXON RAPIDLOCK 5 000 000 000

11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 5 000 000 000

Other

73810 OFFICER SAFETY PLAN 7 60 11 000 000 000

Not Eligible

TASER 7

INSTRUCTO

R COURSE

VOUCHER

Not Eligible TASER 7 INSTRUCTOR COURSE

VOUCHER1 000 000 000

Protect LifeQ-251225-43927723KP

2

Page 28 of 81

Year 1 (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Other (Continued)

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 132442 1456862

Not Eligible

TASER 7

MASTER

INSTRUCTO

R SCHOOL

VOUC

Not Eligible TASER 7 MASTER INSTRUCTOR

SCHOOL VOUCHER1 000 000 000

Not Eligible

Target and

Frame

Not Eligible Target and Frame 11 000 000 000

Not Eligible

Halt SuitNot Eligible Halt Suit 1 000 000 000

20135OCULUS GO STANDALONE VIRTUAL

REALITY HEADSET1 000 000 000

20247TASER 7 ONLINE TRAINING CONTENT

ACCESS LICENSE60 11 000 000 000

20249VR EMPATHY DEVELOPMENT AUTISM

SCHIZOPHRENIA ACCESS LICENSE60 11 000 000 000

73827 AB3 CAMERA TAP WARRANTY 60 5 000 000 000

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2118510

Estimated

Shipping000

Estimated Tax 000

Total 2118510

Year 1 - TAP Refresh

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

74210 AXON BODY 3 - 8 BAY DOCK 2 000 000 000

73202 AXON BODY 3 - NA10 11 000 000 000

74028 WING CLIP MOUNT AXON RAPIDLOCK 16 000 000 000

11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 11 000 000 000

73202 AXON BODY 3 - NA10 1 69900 000 000

74028 WING CLIP MOUNT AXON RAPIDLOCK 1 000 000 000

11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 1 000 000 000

Protect LifeQ-251225-43927723KP

3

Page 29 of 81

Year 1 - TAP Refresh (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Other

73828 AB3 8 BAY DOCK TAP WARRANTY 60 2 000 000 000

73827 AB3 CAMERA TAP WARRANTY 60 11 000 000 000

71019NORTH AMER POWER CORD FOR AB3 8-

BAY AB2 1-BAY 6-BAY DOCK2 000 000 000

73827 AB3 CAMERA TAP WARRANTY 60 1 000 000 000

Subtotal 000

Estimated Tax 000

Total 000

Year 1 - T7 Certification

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Axon Plans amp Packages

20248 TASER 7 EVIDENCECOM ACCESS LICENSE 60 6 000 000 000

20246TASER 7 DUTY CARTRIDGE REPLACEMENT

ACCESS LICENSE60 6 000 000 000

Hardware

20160TASER 7 HOLSTER - SAFARILAND

RH+CART CARRIER6 000 000 000

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

20014TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE STANDOFF (312 000 000 000

20015TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE CLOSE QUART12 000 000 000

20008TASER 7 HANDLE HIGH VISIBILITY (GREEN

LASER) CLASS 3R6 000 000 000

20040 TASER 7 HANDLE WARRANTY 4-YEAR 6 000 000 000

20018 TASER 7 BATTERY PACK TACTICAL 6 000 000 000

20041TASER 7 BATTERY PACK WARRANTY 4-

YEAR6 000 000 000

20016TASER 7 INERT CARTRIDGE STANDOFF

(35-DEGREE)1 000 000 000

20017TASER 7 INERT CARTRIDGE CLOSE

QUARTERS (12-DEGREE)1 000 000 000

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)18 000 000 000

Protect LifeQ-251225-43927723KP

4

Page 30 of 81

Year 1 - T7 Certification (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware (Continued)

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)18 000 000 000

20050 HOOK-AND-LOOP TRAINING (HALT) SUIT 1 75000 67875 67875

Other

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

Not Eligible

TASER 7

INSTRUCTO

R COURSE

VOUCHER

Not Eligible TASER 7 INSTRUCTOR COURSE

VOUCHER1 000 000 000

Not Eligible

Taser 7

Evidenceco

m Admin

License

Not Eligible Taser 7 Evidencecom Admin

License1 000 000 000

Not Eligible

TASER 7

MASTER

INSTRUCTO

R SCHOOL

VOUC

Not Eligible TASER 7 MASTER INSTRUCTOR

SCHOOL VOUCHER1 000 000 000

Not Eligible

Target and

Frame

Not Eligible Target and Frame 6 000 000 000

Not Eligible

Halt SuitNot Eligible Halt Suit 1 000 000 000

Not Eligible

for VR

Headset

Not Eligible for VR Headset 1 000 000 000

20247TASER 7 ONLINE TRAINING CONTENT

ACCESS LICENSE60 6 000 000 000

20249VR EMPATHY DEVELOPMENT AUTISM

SCHIZOPHRENIA ACCESS LICENSE60 6 000 000 000

80087TASER 7 TARGET CONDUCTIVE

PROFESSIONAL (RUGGEDIZED)1 15000 13575 13575

Protect LifeQ-251225-43927723KP

5

Page 31 of 81

Year 1 - T7 Certification (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Other (Continued)

20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 49500 44798 44798

Subtotal 517208

Estimated Tax 000

Total 517208

Year 1 - Trade In

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Other

20104 TASER 7 TRADE-IN UPFRONT PURCHASE 17 000 000 000

Subtotal 000

Estimated Tax 000

Total 000

Year 2

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

Other

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 172674 1899414

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2635722

Estimated Tax 000

Total 2635722

Protect LifeQ-251225-43927723KP

6

Page 32 of 81

Year 3

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

20014TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE STANDOFF (322 000 000 000

20015TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE CLOSE QUART22 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

20014TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE STANDOFF (312 000 000 000

20015TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE CLOSE QUART12 000 000 000

Other

73309 AXON BODY CAMERA REFRESH ONE 11 000 000 000

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 172674 1899414

73689 MULTI-BAY BWC DOCK MID REFRESH 2 000 000 000

73309 AXON BODY CAMERA REFRESH ONE 1 000 000 000

73309 AXON BODY CAMERA REFRESH ONE 5 000 000 000

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2635722

Estimated Tax 000

Total 2635722

Protect LifeQ-251225-43927723KP

7

Page 33 of 81

Year 4

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

Other

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 172674 1899414

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2635722

Estimated Tax 000

Total 2635722

Year 5

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

Protect LifeQ-251225-43927723KP

8

Page 34 of 81

Year 5 (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware (Continued)

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

Other

73310 AXON BODY CAMERA REFRESH TWO 11 000 000 000

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 172674 1899414

73688 MULTI-BAY BWC DOCK FINAL REFRESH 2 000 000 000

73310 AXON BODY CAMERA REFRESH TWO 1 000 000 000

73310 AXON BODY CAMERA REFRESH TWO 5 000 000 000

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2635722

Estimated Tax 000

Total 2635722

Grand Total 13178606

Protect LifeQ-251225-43927723KP

9

Page 35 of 81

Summary of Payments

Payment Amount (USD)

Year 1 2118510

Year 1 - TAP Refresh 000

Year 1 - T7 Certification 517208

Year 1 - Trade In 000

Year 2 2635722

Year 3 2635722

Year 4 2635722

Year 5 2635722

Grand Total 13178606

Discounts (USD)Quote Expiration 05152020

List Amount 15120900

Discounts 1942294

Total 13178606

Total excludes applicable taxes

Protect LifeQ-251225-43927723KP

10

Page 36 of 81

Notes

The parties agree that Axon is granting a credit of $306000 (applied to Year 1 Payment) for trade-in of CEW hardware This credit is based on a ship date range of 512020-

5152020 resulting in a 612020 contract start date Any change in this ship date and resulting contract start date will result in modification of this credit value which may

result in additional fees due to or from Axon

Axon BWC hardware contained in this quote is at zero cost as a TAP refresh of contracts 00004618 and 00010394 The parties agree that all TAP obligations of contracts

00004618 and 00010394 have been fulfilled

Purchase of TASER 7 are governed by the TASER 7 Agreement located at httpswwwaxoncomlegalsales-terms-and-conditions and not the Master Services and

Purchasing Agreement referenced below

Tax is subject to change at order processing with valid exemption

Axonrsquos Sales Terms and Conditions

This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axonrsquos Master Services and Purchasing Agreement

(posted at wwwaxoncomlegalsales-terms-and-conditions) as well as the attached Statement of Work (SOW) for Axon Fleet andor Axon Interview

Room purchase if applicable Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions By

signing below you represent that you are lawfully able to enter into contracts If you are signing on behalf of an entity (including but not limited to the

company municipality or government agency for whom you work) you represent to Axon that you have legal authority to bind that entity If you do not

have this authority please do not sign this Quote

Signature CustSIG Date CustDate

Name (Print) CustName Title CustTitle

PO (Or write

NA) CustPo

Please sign and email to Kyle Panasewicz at kylepaxoncom or fax to (480) 658-0673

Thank you for being a valued Axon customer For your convenience on your next order please check out our online store buyaxoncom

The trademarks referenced above are the property of their respective owners

Protect LifeQ-251225-43927723KP

11

Axon Internal Use Only

Review 1 Review 2

SFDC Contract

Order Type

RMA

Address Used

SO

Comments

Page 37 of 81

Page 38 of 81

555 South Main Street Post Office Box 7 Independence OR 97351Phone 503838-1212 Fax 503606-3282 email kjohnsonciindependenceorus

TO Mayor and City CouncilFROM Shawn Irvine Economic Dev Dir

MEETING DATE April 14 2020SUBJECT Resolution Rural Business

Development Grant Application

[ ] Information Only [ X ] Action Requested

Statement of Issue Staff is requesting Council approve a resolution supporting a grant application to fund the development of a shared-use commercial kitchen facility downtown

BackgroundFor several years the City has worked with local and regional partners to support entrepreneurship and the growth of small businesses These classes and programs have supported a number of successful businesses including several located downtown The past two years the City has partnered with IndyCommons ndash the downtown co-working space ndash to run a series of meetups and classes intended to identify potential business clusters within the communityrsquos entrepreneurs Food-based businesses were the top cluster identified

The mid-Willamette Valley is the largest and most diverse agricultural production region in the state with over 170 different crops being grown It also has a concentration of large and small value-added food products companies that leverage the diverse agricultural products for their businesses The USDArsquos Rural Business Development Grant program supports proposals that offer assistance and training for small businesses in rural communities

DiscussionOver the last decade development of a shared-use commercial kitchen has come up several times in the Cityrsquos regional economic development work These facilities allow licensed users to rent the space on an hourly basis for trying new recipes developing new products and small-scale production The ability to rent a licensed facility enables entrepreneurs to test their ideas and products prior to making the significant investment into building their own commercial kitchen While there has been strong and consistent interest in such a facility from entrepreneurs it is a complex enough project that nobody was willing to be the organizer and operator

IndyCommons opened four years ago successfully bringing the shared space co-working model to downtown Independence Last year the company spun off a new non-profit IndyIdeaHub to support entrepreneurship programming and development in the community and region With the success of the co-working space and the new non-profit IndyCommons is ready to tackle a shared-use commercial kitchen They have leased the neighboring space in their building and plan to operate a shared kitchen and event space with ldquomicro retailrdquo in the storefront Micro retail rents shelf space to entrepreneurs instead of an entire store reducing the startup cost for a new product company and enabling them to test the market for new products without the cost of renting an entire store The kitchen event space and micro retail

CITY OF INDEPENDENCEMEMORANDUM

Page 39 of 81

555 South Main Street Post Office Box 7 Independence OR 97351Phone 503838-1212 Fax 503606-3282 email kjohnsonciindependenceorus

space would work in concert creating a kind of food incubator while also drawing people downtown for pop up dinners and other events

IndyCommons is leasing the space and the Cityrsquos grant application would support the non-profitrsquos work to outfit and operate the kitchen while offering business development programs The grant will request approximately $90000 matched with funds from IndyCommons and a $60000 Rural Opportunity Initiative grant the City received through Business Oregon which supports programming for food-based entrepreneurship

While the City is requesting the grant and supporting development of this kitchen facility its users will not be limited just to Independence residents As with IndyCommons anyone willing to travel to the facility and pay the rental fee will be able to use it Programs and classes will also be open to anyone from the region

Fiscal Impact Staff time will be spent writing the grant and if awarded coordinating the project No City funds will be used as match for this project

Options1 Approve the resolution as submitted2 Approve the resolution with amendments3 Take no action

RecommendationSuggested MotionStaff recommends Option 1

Suggested motion ldquoI move to approve Resolution 20-1526 Authorizing the City to Apply for a Rural Business Development Grantrdquo

AttachmentsA Resolution 20-1526

Page 40 of 81

Page 1 of 2 Resolution 20-1526 Authorizes USDA Grant Application

BEFORE THE CITY COUNCIL OF THE CITY OF INDEPENDENCE

COUNTY OF POLK STATE OF OREGON

IN THE MATTER OF AUTHORIZING THE CITY ]OF INDEPENDENCE TO APPLY FOR A RURAL ]BUSINESS DEVELOPMENT GRANT FROM THE ]UNITED STATES DEPARTMENT OF AGRICULTURE ]FOR DEVELOPMENT OF A SHARED-USE ]COMMERCIAL KITCHEN FACILITY AND ]DELEGATING AUTHORITY TO THE CITY ]MANAGER TO SIGN THE APPLICATION ]

RESOLUTION 20-1526

A RESOLUTION AUTHORIZING APPLICATION FOR USDA GRANT

WHEREAS the USDA is accepting applications for its Rural Business Development Program and

WHEREAS the City of Independence has the capacity to administer the grant and desires to participate in this grant program to the greatest extent possible as a means of providing needed business development and entrepreneurship programming and

WHEREAS Staff have identified development of food-based businesses as a successful regional business cluster which could be expanded within the City of Independence and

WHEREAS local and regional economic development plans have identified a shared-use commercial kitchen as an important asset to reduce barriers to entry for food-based startup businesses and

WHEREAS the City of Independence has an existing partnership with IndyCommons to support entrepreneurship and business development within the community and

WHEREAS the City of Independence has available matching funds from the State of Oregonrsquos Rural Opportunity Initiative which will fund food-based business programming and services at the new kitchen facility and

Page 41 of 81

Page 2 of 2 Resolution 20-1526 Authorizes USDA Grant Application

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF INDEPENDENCE AS FOLLOWS

Section 1 The City Council demonstrates its support for the submittal of a grant application to the United States Department of Agriculture for development of a shared-use commercial kitchen and delegates authority to sign grant documents to City Manager Tom Pessemier

Section 2 This Resolution shall be effective following its adoption by the City Council

Passed by the City Council this 14th of April 2020

Effective Date April 14 2020Signed by the Mayor April 14 2020

__________________________John McArdle Mayor

ATTEST

_______________________Karin Johnson MMCCity Recorder

Page 42 of 81

555 South Main Street Post Office Box 7 Independence OR 97351Phone 503838-1212 Fax 503606-3282 email tpessemierciindependenceorus

TO Mayor and City CouncilFROM City Manager Tom Pessemier

MEETING DATE April 14 2020SUBJECT Approval of IGA Mid-Willamette Valley

Homeless Alliance Continuum of Care

[ ] Information Only [ X ] Action Requested

Statement of IssueAn Inter-Governmental Agreement concerning the Mid-Willamette Valley Homeless Alliance is submitted for council consideration

BackgroundIn 2019 the City of Independence along with the cities of Monmouth Keizer Salem the Salem-Keizer School District Polk and Marion counties and the Confederated Tribes of Grand Ronde and with the Mid-Willamette Valley Council of Governments (COG) formally organized the Mid-Willamette Valley Homeless Alliance (MWVHA) which serves as our regionrsquos Continuum of Care (CoC) The CoC is committed to the goal of preventing and ending homelessness within Polk and Marion counties The CoC was recognized by the US Housing and Urban Development Department (HUD) on 12-11-19 and to that end a formal Governance Charter was approved by the MWVHA Board of Directors on 2-13-20

The MWVHA Board of Directors is a collaboration of the members and the COG has provided administrative support for the member governments The MWVHA is not a legal entity and HUD regulations require a legal entity to serve as the Collaborative Applicant for a Continuum of Care therefore an ORS 190 entity (Inter-Governmental Agreement or IGA) is proposed to be formed to allow the member governments to contract with the COG to provide services and for the COG to be reimbursed

DiscussionTime is of the essence this IGA establishes the terms and conditions under which the member governments will coordinate to support the MWVHA through contracting with the COG to serve as the Collaborative Applicant This IGA is a short-term solution until a new entity is designated and would expire on August 13 2020

Fiscal ImpactNo additional fiscal impact Funds have been reservedbudgeted for this project

Options1 Approve the IGA as proposed2 Approve the IGA with amendments3 Take no action

RecommendationSuggested Motion

CITY OF INDEPENDENCEMEMORANDUM

Page 43 of 81

555 South Main Street Post Office Box 7 Independence OR 97351Phone 503838-1212 Fax 503606-3282 email tpessemierciindependenceorus

Staff recommends Option 1

ldquoI move to approve the cityrsquos participation in the ORS 190 concerning the Mid-Willamette Valley Homeless Alliance and to authorize the City Manager to sign the related documentsrdquo

AttachmentsA Interim IGAB COG Scope of WorkC MWHA Governance Charter

Memo prepared by Karin Johnson City Recorder

Page 44 of 81

1 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

1 PARTIES TO AGREEMENT

This Agreement by and between the Confederated Tribes of the Grand Ronde (ldquoGrand Ronderdquo) Marion County (ldquoMarionrdquo) Polk County (ldquoPolkrdquo) and the Cities of Independence (ldquoIndependencerdquo) Keizer (ldquoKeizerrdquo) Monmouth (ldquoMonmouthrdquo) Salem (ldquoSalemrdquo) the Salem-Keizer School District (ldquoSalem-Keizerrdquo) collectively the ldquoMember Governmentsrdquo and the Mid-Willamette Valley Council of Governments (ldquoCOGrdquo) is made pursuant to ORS 190010

2 AUTHORITY This Agreement is established under the authority of Oregon Revised Statutes (ORS) Chapter 190

3 BACKGROUNDa The Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo) was formed on

September 24 2019 and recognized by the US Housing and Urban Development Department (ldquoHUDrdquo) on December 11 2019 for the Polk County and Marion County region to carry out the purposes of the HUD Continuum of Care program described in 24 CFR Part 578

b The Alliance Charter was approved by the Alliance Board of Directors on February 13 2020 (Attachment 1)

c The Alliance is a collaboration of the Member Governments non-profit service organizations and community members and is not a legal entity

d The Member Governments have made financial contributions for the 2019-2020 Fiscal Year which are being managed by COG

e The Member Governments have agreed to make financial contributions to support the Alliance for the 2020-2021 Fiscal Year subject to budgetary approval as approved by the Alliance Board of Directors (Attachment 2)

f HUD regulations require a legal entity to serve as the Collaborative Applicant for a Continuum of Care such as the Alliance

g The COG has been providing administrative support and other resources for the Alliance including contract management for independent contractors engaged by COG at the request of the Alliance During this time the Member Governments have directly paid their contribution amounts to COG to manage those funds for the Alliance

h The COG has agreed on an interim basis to continue to provide administrative support and other resources in addition to serving as the Collaborative Applicant for

Page 45 of 81

2 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

the Alliance until an ORS 190 entity has been formed and designated by the Alliance Board of Directors to serve as the Collaborative Applicant

i The Alliance Board of Directors approved the execution of this Agreement for a term to expire on August 13 2020 to allow the Member Governments to contract with the COG to provide Collaborative Applicant services and reimburse COG for services

4 PURPOSE

The purpose of this Agreement is to establish the terms and conditions under which the Member Governments will coordinate to support the Alliance through contracting with COG to serve as the Collaborative Applicant for the Alliance pursuant to 24 CFR Part 578 The parties understand and agree that this Agreement serves as an interim solution to allow COG to serve as the Collaborative Applicant and be reimbursed for its costs until a new entity is designated

5 TERM AND TERMINATION

51 This Agreement shall be effective from the date upon which the last signature is affixed hereto and shall expire on August 13 2020 unless otherwise earlier terminated or extended

52 This Agreement may be terminated by mutual consent of all parties hereto Any such termination of this Agreement shall be without prejudice to any obligations or liabilities of any party already accrued prior to such termination

6 FUNDING AND BILLING

61 The Member Governmentsrsquo fiscal year 2020-2021 contributions as set forth in Attachment 2 shall be made to COG subject to the individual Member Governmentrsquos budgetary approval Nothing in this Agreement binds any Government Member to any specific financial contribution after the 2020-2021 fiscal year

62 COG shall be reimbursed for its expenses already incurred in support of the Alliance from January 1 2020 to the effective date of this Agreement COGrsquos expenses prior to July 1 2020 shall be reimbursed from the Member Governmentsrsquo Fiscal Year 2019-2020 contributions and COGrsquos expenses for the period of July 1 2020 to the termination of this Agreement shall be from the Member Governmentsrsquo Fiscal Year 2020-2021 contributions COG shall submit an invoice to the Alliance Board for its approval for COGrsquos Fiscal Year 2019-2020 expenses no later than August 30 2020 and shall submit an invoice to the Alliance Board for its approval for COGrsquos Fiscal Year 2020-2021 expenses no later than September 30 2020

63 COGrsquos expenses under this Agreement shall not exceed the total amount of funds contributed by the Member Governments and any contributions from other members of the Alliance donations or grants provided to COG for the benefit of the Alliance subject to the rates for specific services as set forth in the Scope of Work As set forth in the Scope of

Page 46 of 81

3 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

Work COG shall provide timely financial reports to the Alliance and shall ensure that expenses do no exceed available resources approved by the Member Governments through the Alliance Board

7 OBLIGATIONS UNDER THE TERMS OF THIS AGREEMENT

71 MEMBER GOVERNMENTS agree to

a Make timely payment to COGb Maintain good standing as a member of the Alliancec Collaborate in good faith with other Member Governments to create a new ORS 190

entity to serve as the Collaborative Applicant for the Alliance

72 COG agrees to

Serve as the Collaborative Applicant for the Alliance and perform other duties as established in the Scope of Work (Attachment 3)

8 DESIGNATION OF SUCCESSOR COLLABORATIVE APPLICANT

The Member Governments understand and agree that the Alliance is required to have a Collaborative Applicant as that term is defined in 24 CFR Part 57815 which must be a legal entity The Alliance Board has indicated a desire that the Member Governments form an intergovernmental entity to serve that purpose Time is of the essence to designate a successor Collaborative Applicant and the Member Governments agree to work cooperatively and in a timely manner to agree on the new Collaborative Applicant The Member Governments also agree they will create a new intergovernmental entity to serve in that role

9 COMPLIANCE WITH APPLICABLE LAWS

The parties agree that both shall comply with all applicable federal state and local laws and ordinances applicable to the parties and the work to be done under this Agreement The parties agree that this Agreement shall be administered and construed under the laws of the state of Oregon Nothing in this Agreement shall be considered a waiver of tribal sovereign immunity

10 NONDISCRIMINATION

The parties agree to comply with all applicable requirements of federal state and local civil rights statutes rules and regulations in the performance of this Agreement

11 HOLD HARMLESSThe parties agree to indemnify and hold harmless each other for from and against all claims costs expenses (including attorney fees) losses damages fines charges actions or other liabilities solely to the extent arising from their own intentional or negligent acts or those of their agents contractors or employees and to the extent applicable the above indemnification is

Page 47 of 81

4 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

subject to and shall not exceed the limits of the Oregon Tort Claims Act (ORS 30260 through 30300) and the Oregon Constitution The parties intend to provide reciprocal indemnity obligations The parties acknowledge that the Oregon Tort Claims Act does not limit the liability of Grand Ronde in the same manner as the other parties Accordingly the parties agree Grand Rondersquos indemnity shall not exceed the indemnification limits of any other party

12 INSURANCE

Each party shall insure or self-insure and be independently responsible for the risk of its own liability for claims within the scope of the Oregon tort claims act (ORS 30260 to 30300) The parties intend to provide reciprocal liability insurance obligations The parties acknowledge that the Oregon Tort Claims Act does not apply to Grand Ronde in the same manner as other parties Accordingly the parties agree that Grand Ronde shall self-insure in an amount consistent with the liability for claims of any other party

13 MERGER CLAUSEParties concur and agree that this Agreement constitutes the entire agreement between the parties No waiver consent modification or change to the terms of this agreement shall bind either party unless in writing and signed by both parties There are no understandings agreements or representations oral or written not specified herein regarding this agreement Parties by the signatures below of their authorized representatives hereby agree to be bound by its term and conditions

Page 48 of 81

5 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

THE CONFEDERATED TRIBES OF THE GRAND RONDE COMMUNITY OF OREGON

__________________________________ ________________________ Cheryle A Kennedy DateTribal Council Chairwoman

Page 49 of 81

6 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

CITY OF INDEPENDENCE

__________________________________ _____________________Tom Pessemier DateCity Manager

Page 50 of 81

7 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

CITY OF KEIZER

__________________________________ ________________________Christopher Eppley DateCity Manager

Approved as to form

________________________________________Keizer City Attorney

Page 51 of 81

8 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

CITY OF MONMOUTH

__________________________________ _____________________Chad Olsen DateInterim City Manager

Page 52 of 81

9 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

MARION COUNTY BOARD OF COMMISSIONERS

__________________________________Chair

__________________________________Commissioner

__________________________________Commissioner

Date _____________________

Page 53 of 81

10 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

POLK COUNTY BOARD OF COMMISSIONERS

__________________________________Commissioner

__________________________________Commissioner

__________________________________Commissioner

Date _____________________

Page 54 of 81

11 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

SALEM-KEIZER PUBLIC SCHOOLS

_____________________________________ _____________________Marty Heyen Chairperson Board of Directors DateSalem-Keizer Public Schools

Page 55 of 81

12 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

CITY OF SALEM

__________________________________ _____________________Steve Powers DateCity Manager

Page 56 of 81

13 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

__________________________________ _______________________Renata Wakeley DateActing Executive Director

Page 57 of 81

Page 58 of 81

1

MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

SCOPE OF WORK FOR THE MID-WILLAMETTE VALLEY HOMELESS ALLIANCE COG shall undertake the following items in performance of this Agreement

1 Finance a Manage and process accounts payable and accounts receivable b Maintain records of project expenditures and revenues in COG financial

management system c Maintain copies of personal services contracts and other contracts for goods and

services under this Agreement d Provide monthly financial report to the Alliance Board e Provide support to and project financial statements in annual audit f Incorporate project expenditures and revenues into COG budget forecast prepare

budget documents for Alliance Board approval g Provide documentation of internal controls and other financial policies and

procedures to HUD upon request h Manage HUD planning grant when awarded Assure planning grant expenditures

made by the project are allowable per HUD regulations i Prepare any required financial reports associated with the planning grant j Accept and record Alliance member contributions and k Invoice members for annual project contributions and track contribution receipts

2 Administrative Support

a Attend Alliance Board meetings and executive committee meetings prepare draft minutes and maintain meeting records

b Assist the Alliance in scheduling meetings and other meeting-related tasks including merging documents for the meeting packet

c Schedule meeting space when available facilitate meeting logistics and preparation including setting up meeting space copying documents making name cards setting up laptop and PowerPoint equipment connecting participants through conference phone

d Maintain email lists in conjunction with the Alliance e Notice meetings per Public Meetings Law requirements f Assist the Alliance in preparing and disseminating a quarterly Alliance newsletter

COG is not responsible for creating or obtaining content for the newsletter and g Maintain Homeless Initiative web page on the COG website and provide up to six

(6) hours a month of IT support for the newly acquired and licensed Homeless Initiative web page

3 Executive Director Support

a Negotiate and approve goods and personal service contracts and contract amendments upon request of the Alliance

b Approve payments for monthly invoices c Provide executive level advice and support in working with the COG board of

directors and COG members d Authorize legal services upon request of the Alliance

Page 59 of 81

2

e Authorize IT services upon request of the Alliance f Attend MWVHA board meetings as needed and g Serve as the Collaborative Applicant for the 2020 NOFA process sign required

application documents

4 IT Support a Support development and maintenance of the Alliance website and b Other projects upon request of the Alliance and approval of Executive Director

5 Legal Services upon request of the Alliance and approval of Executive Director

6 Rates for services provided by COG are set forth COGrsquos fee schedule attached hereto as

Exhibit 1 (COG Board of Directors Resolution 2019-06) COG modifies its fee schedule annually on or about on July 1 of each year COG may modify the fees under this Agreement by not more than 15 for any individual fee upon adoption of a fee schedule for the 20-21 fiscal year and providing the Member Governments 10-daysrsquo notice of the modified fees The rates for services set forth herein apply to this Agreement and COG reserves the right to propose different rates in any future agreement pursuant to COGrsquos adopted fee schedule

Page 60 of 81

Page 61 of 81

Page 62 of 81

Page 63 of 81

Page 64 of 81

1

MID-WILLAMETTE VALLEY HOMELESS ALLIANCE GOVERNANCE CHARTER

FINAL ndash Approved by the CoC Development Council on 10-24-19 ratified by the Mid-Willamette Valley Homeless Alliance Board of Directors on 2-13-20

ARTICLE I CONTINUUM OF CARE NAME AND PURPOSE

A NAME OF THE CONTINUUM OF CARE (COC) The name of this organization is the Mid-Willamette Valley Homeless Alliance which serves as the regionrsquos Continuum of Care herein referred to as ldquothe CoCrdquo

B CONTINUUM OF CARE (COC) OVERVIEW 1 GEOGRAPHIC BOUNDARIES The CoC represents the geographic region within the boundaries of Marion

and Polk counties 2 PURPOSE The CoC is organized to carry out the purposes of the US Housing and Urban Development

(HUD) Continuum of Care program as described in 24 CFR Part 578 The CoC promotes communitywide commitment to the goal of preventing and ending homelessness provides funding for efforts by nonprofit providers and state tribal and local governments to quickly rehouse homeless individuals including unaccompanied youth and families while minimizing the trauma and dislocation caused to homeless individuals families and communities by homelessness promotes access to and effective utilization of mainstream housing and homeless services programs by homeless individuals and optimizes self-sufficiency among individuals and families experiencing homelessness Its work includes gathering and analyzing data to determine local needs of and resources available to people experiencing homelessness developing and prioritizing a menu of strategic responses collaboratively implementing a strategic plan promoting service coordination educating the public on homeless issues providing advice and input on homeless services operations leveraging resources for maximum impact and measuring and promoting strong program performance Through collaborative efforts of local and tribal governments school districts nonprofit organizations and other participating stakeholders the CoC seeks to develop an evidence-based system of services including stable housing designed to meet the unique and complex needs of adults youth children and families in Marion and Polk counties who are at risk of or are experiencing homelessness ICLE 3 ndash GEOGRAPHIC RE

ARTICLE II CONTINUUM OF CARE GOVERNANCE STRUCTURE

A BOARD OF DIRECTORS 1 NAME The name of the CoC governing board is the Mid-Willamette Valley Homeless Alliance Board of

Directors herein referred to as the ldquoCoC Boardrdquo or the ldquoBoardrdquo The CoC has established a governing board as required by 24 CFR part 5787(a)(3) The Board is responsible for the overall policy and direction of the CoC and may delegate responsibility for day-to-day operations to staff and committees

2 VOTING MEMBERSHIP The Board will consist of at least thirteen (13) voting members that have no

conflicts of interest as defined in Article III of this charter and 24 CFR part 57895 Board members will

Page 65 of 81

2

serve without compensation Board membership includes representation from the following organizations or subpopulations

a One representative from each of the following organizations

i Union Gospel Mission a faith-based organization ii The Confederated Tribes of Grand Ronde iii Local governments

(a) City of Independence (b) City of Keizer (c) City of Monmouth (d) Polk County

iv Salem-Keizer School District (24J) v Salem Health vi Homeless or formerly homeless individuals appointed by the Law Enforcement Assisted Diversion

Program and vii United Way of the Mid-Willamette Valley a nonprofit organization

b Two representatives from the City of Salem and Marion County In the alternative pursuant to

Section 11 of Article 2 Marion County and the City of Salem may appoint one representative who may exercise two votes

3 EX-OFFICIO BOARD MEMBERS In addition seven (7) ex-officio participants may serve as non-voting ex-

officio board members participating in discussions and representing such groups as a Marion County Salem and West Valley Housing Authorities b Mid-Willamette Valley Community Action Agency c Polk County Veteran Services and d Co-chairs of the CoC Collaborative Committee

4 BOARD SELECTION PROCESS

a The initial CoC Board of Directors will be nominated by the Development Council established by a 2019 Memorandum of Agreement in consultation with the stakeholders workgroup

b Each organization nominated for representation on the CoC Board will identify persons to serve who hold elected or senior staff roles in decision-making for that organization

c Members serve at the pleasure of the CoC Board d Any directors representing organizations newly added to the Board by amendment to this charter

will be nominated and confirmed by vote of the CoC board e Pursuant to 24 CFR part 5787(a)(3) the CoC Board will submit this written selection process to the

CoC Collaborative Committee described in Section D of this article and Board of Directors for review update and approval at least once every five (5) years

5 BOARD FINANCIAL CONTRIBUTIONS Each organization represented as a voting member on the CoC

board will contribute funds to supplement CoC operations contingent on the organizationrsquos budgetary

authority Contributions will be reviewed and approved annually by the CoC board

6 BOARD ALTERNATES Board members may designate an Alternate for a single meeting who can attend in the board memberrsquos place if the member must miss a meeting The Alternate must represent the same organization or subpopulation as the absent Board member Prior to the board meeting the absent Board member or his or her designee must communicate in writing to CoC staff confirming the Alternatersquos attendance and granting authority for the Alternate to vote

Page 66 of 81

3

7 TERMINATION The Board may remove any member when it determines it is in the interest of the CoC to do so Member terminations require a 23 vote of the appointed voting membership Reasons for removal include excessive absences from meetings conduct that is contrary to the Boardrsquos code of conduct or noncompliance with conflict of interest or other board policies

8 RESIGNATION Resignations by Board members shall be submitted in writing to CoC staff who will forward the resignation notice to board leadership Resignations will be announced at the next regularly scheduled board meeting For board positions representing designated organizations resignation is implied if a person seated on the board is no longer affiliated with the organization that appointed him or her The appointing organization is then responsible for assuring that another qualified person is appointed to represent that organization

9 MEETINGS Pursuant to 24 CFR part 5787(a)(1) the Board will meet at least semi-annually in conjunction with the CoC Collaborative Committee to conduct general CoC business Inclusive of these semi-annual joint meetings the board will meet at least quarterly and may meet more frequently at the call of the chair The CoC Board is a public body subject to the public meetings and record laws as stated in ORS Chapter 192 All meetings will be open to the public

10 QUORUM A majority defined as 50 plus one of the appointed voting Board membership will constitute a quorum for the transaction of all business at meetings Members may attend either in person or by conference call so long as persons in attendance and on the telephone can both hear and communicate with each other Members attending by telephone conferencing may be counted towards achieving a quorum

11 VOTING Each Board member will hold one vote on all matters brought before the board However in recognition of their significant financial contributions to the effort Marion County and the City of Salem may select two persons to represent each organizationrsquos interests on the CoC Board or in the alternative may select one representative who shall have two votes on any matter Board decisions shall be made by a majority of the total votes available to the entire appointed voting Board membership

12 NOTICE AND INCLUSION a The Board will provide for and give public notice reasonably calculated to give actual notice to

board members interested persons news media that have requested notice and general public notice Notice shall include the time and place for holding regular meetings The notice will also include a list of the primary subjects anticipated to be considered at the meeting Distribution of meeting notices will be in a manner that maximizes the potential of the public awareness of Board proceedings and for the public to participate in its deliberations

b Whenever possible matters resulting in a recommendation to the Board will be deliberated during a minimum of two meetings to assure maximum participation

c The Board encourages input to its deliberations and decision-making from a diversity of stakeholders including consumers and community members from diverse genders racial and ethnic origins cultural groups and geographic areas within the CoC boundaries CoC members are encouraged to bring ideas or concerns to the attention of the CoC Board and staff

d The Board will conduct outreach at least semi-annually with business organizations such as economic development forums chambers of commerce and Rotary clubs to inform business leaders about current issues surrounding homelessness and gather information from a business perspective

13 AGENDAS Items may be placed on a meeting agenda by any Board member or by CoC staff The agenda will be distributed to members and through public notice at least one week prior to a Board meeting

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4

B BOARD OFFICERS 1 CHAIR The Board will accept nominations and elect a chair annually The chair may be elected for

subsequent terms The chair will act as leader of the convened meeting and as the parliamentarian The chair will enforce Board policies and membership rules and will guide the conduct of public meetings The chair is the official Board representative and shall be the primary spokesperson to the media

2 VICE CHAIR The chair will select a vice chair with board consent In the absence of the chair the vice chair will assume the chairs responsibilities If neither the chair nor vice chair is available for a public meeting then the assembled quorum of the meeting will select a temporary chairperson to conduct the meeting

3 EXECUTIVE COMMITTEE LEADERSHIP The chair and vice chair serve as leaders of the CoC Executive Committee as described in Section E1

C STAFF RESPONSIBILITIES TO THE CoC BOARD

1 STAFF SUPPORTCOLLABORATIVE APPLICANT Subject to available funding for CoC operations Mid-

Willamette Valley Council of Governments (COG) will serve as the Collaborative Applicant described in

Article IV Section E and provide staff support that could be employees contractors and in-kind

support as well as in-kind materials and services to support the CoC To maintain a neutral role in

facilitating council meetings staff representing the COG will not hold authority to vote on matters

placed before the CoC Board

2 UNIFIED FUNDING AGENCY The CoC will seek designation as a Unified Funding Agency from the US

Department of Housing amp Urban Development

3 MEETING PREPARATION CoC staff is responsible for meeting preparation which includes

a Locating reserving and preparing the meeting space b Sending meeting notice agendas and minutes to the CoC distribution list one week prior to the

meeting and a reminder one day prior to the meeting c Compiling background materials and staff reports d Planning Board meetings in collaboration with the Executive Committee e Taking attendance at meetings and f Providing facilitation as needed

4 MINUTES CoC staff will serve as the CoC Board Administrator and prepare meeting minutes Minutes

will include a list of the members present motions proposals resolutions and orders proposed and their disposition the results of all votes and a vote by each member by name the substance of any discussions on any matter and reference to any document discussed at that meeting Minutes will be posted on the CoC website and distributed to the Board membership one week prior to the monthly meeting

5 RECORDS Pursuant to 24 CFR part 578103 and 24 CFR part 5785(b) staff will maintain CoC records to document compliance with HUD requirements including the following a Approved CoC governance charter that includes a written process to select the CoC board b Documentation of required reviews and updates including the annual charter review and review of

Board selection process every five years c CoC Board and committee rosters designating representation of sectors and subpopulations d Agendas and minutes of CoC Board committee subcommittee and workgroup meetings

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5

e Designation of a single Homeless Management Information System (HMIS) for the CoC f CoC applications for funds as set forth in 24 CFR part 5789 g Use of planning funds for eligible costs and other grant management documentation pursuant to 24

CFR part 57839 and h Completed and signed CoC conflict of interest forms required in Article III Section 5 of this charter

6 OTHER RESPONSIBILITIES CoC staff will maintain distribution lists distribute communications to CoC members and the community at large develop and maintain a CoC webpage support CoC committees and workgroups produce and submit applications for funds and perform other duties as assigned by the CoC Board to support the CoC

D CoC COLLABORATIVE COMMITTEE 1 PURPOSE The purpose of the CoC Collaborative Committee is to assist the Board in accomplishing the

responsibilities of the Continuum of Care as described in Article IV

2 MEMBERSHIP Participation in the Continuum of Care is open through the CoC Collaborative Committee to interested organizations and to interested individuals representing the community at large Member agencies will be responsible for identifying CoC representatives Participating agencies may have more than one person identified as a CoC representative Homeless and formerly homeless people are encouraged and supported to participate A roster of CoC Collaborative Committee participants will be maintained and posted on the CoC website

3 VOTING Each member organization and community at large member who has participated in at least two (2) meetings in the preceding twelve (12) months after the initial year of CoC operations shall have one vote at subsequent meetings on each matter submitted to a vote of CoC members To the maximum extent possible committee meetings shall operate on a consensus basis However members can request a majority vote on specific issues Agencies with more than one representative in attendance will determine in advance which representative will vote In all cases each member organization has only one vote

4 RESIGNATION Member agencies may resign from the CoC Collaborative Committee by sending a

written communication to CoC staff

5 CO-CHAIRS The CoC Board will appoint co-chairs to facilitate CoC Collaborative Committee meetings based on nominations from the CoC Collaborative Committee One co-chair will represent the public (governmental) sector and the other will represent the private (nongovernmental) sector Co-chairs will serve for two-year terms and may be reappointed by the Board

5 RECRUITMENT AND OUTREACH The CoC Board will publish and disseminate an open invitation at least annually for those within the CoC area to join as new CoC Collaborative Committee members CoC staff will document recruitment efforts The CoC Board will identify and address membership gaps in essential sectors and will recruit so that membership requirements are being met pursuant to 24 CFR part 5787 Outreach will be conducted to obtain representation from the following groups listed in 24 CFR part 5785(a)

a Nonprofit homeless assistance providers b Victim service providers c Faith-based organizations d Governments

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6

e Businesses f Advocates g Public housing agencies h School districts i Social service providers j Mental health agencies k Hospitals and health care organizations l Universities m Affordable housing developers n Law enforcement o Organizations that serve veterans p Homeless and formerly homeless individuals and q Other relevant organizations within the CoCrsquos geographic boundaries such as organizations and coalitions that serve unaccompanied youth employment councils substance abuse providers and early learning hubs

E COMMITTEES AND WORKGROUPS 1 STANDING COMMITTEES AND WORKGROUPS The CoC Board will appoint members representing

organizations participating in the CoC Collaborative Committee to the standing committees and workgroups listed in this section as E1 a through d The Board will also designate chairs or co-chairs to facilitate committee or workgroup meetings CoC staff will be assigned to take notes at committee and workgroup meetings and assure that CoC policies and processes are followed CoC staff will also maintain lists of committee and workgroup membership and post the lists to the CoC webpage a PERFORMANCE AND EVALUATION COMMITTEE The Performance and Evaluation Committee shall

review and recommend to the Board the policies timelines and scoring tools for application review and ranking process as part of the Continuum of Care competition for funds The Performance and Evaluation Committee shall also be responsible for monitoring and reviewing CoC-funded projects and general system performance The Performance and Evaluation Committee shall make recommendations to the CoC Board to improve system performance with input from the CoC Collaborative Committee Members of this committee may not have a conflict of interest described in Article III and may not be recipients of HUD funds i The CoC Board will appoint a subcommittee of not fewer than five (5) Performance and

Evaluation Subcommittee members to review and rank project applications during the annual process described in Article IV Section E

ii The Board will strive to appoint subcommittee members who are knowledgeable about homelessness and housing in the region and representative of relevant sectors subpopulations and geographic areas of the region

iii Subcommittee members must have completed conflict of interest forms on file with CoC staff affirming that they are not employees or do not have a business relationship or other conflicts of interest as described in Article III

iv Subcommittee members must be willing to dedicate time for application review and subcommittee meetings during the application process

b COORDINATED ENTRY COMMITTEE The Coordinated Entry Committee creates the policies and

procedures for the CoCrsquos coordinated entry system The committee is also responsible for monitoring the progress of organizations implementing coordinated entry to ensure it is functioning effectively arranging for technical assistance to participating organizations and recommending changes as necessary The committee shall recruit agencies for participation in coordinated entry

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7

c HMIS USERS WORKGROUP The HMIS Users Workgroup consists of representatives from organizations using the Homeless Management Information System (HMIS) The workgroup is co-chaired by the HMIS Lead organization or its designee and the HMIS Designated Coordination Entity as described in Article IVB2 The workgroup shall monitor the progress of organizations using HMIS develop strategies for improving HMIS ease of use troubleshoot data reporting and data quality issues and review and make recommendations on HMIS policies and protocols to the HMIS Lead HMIS Coordination Entity and CoC Board

d POINT-IN-TIME COUNT WORKGROUP The Point-in-Time Count workgroup shall work with the

HMIS Coordination Entity named in Section D2 to organize and conduct the Point-in-Time count including recruitment training and support of volunteer outreach workers for the event

2 SPECIAL COMMITTEES AND WORKGROUPS The Board may authorize the formation of special

committees or workgroups as necessary to deal with specific problems or issues as the Board believes appropriate The Board will appoint members to special committees and workgroups These special committees or workgroups will be time limited and be provided a scope of work from the Board Special committees and workgroups will report their findings and recommendations to the Board upon request or upon the conclusion of their work

3 EXECUTIVE COMMITTEE The Executive Committee is composed of the chair vice chair and at least

three additional Board members The committee works closely with staff to guide the work of the CoC Board Committee members may not serve on the Performance and Evaluation Committee Committee responsibilities include the following a Prepare meeting agendas and ensure matters are ready for Board meetings b Act on matters when authority has been delegated by the full Board to do so and c Act on time sensitive administrative matters that require a decision between Board meetings with

notice provided to all Board members prior to taking action and with the action(s) to be ratified at the next Board meeting Time sensitive administrative matters include but are not limited to required municipal state or federal reports and letters of support associated with grant applications Action will not be taken under this subsection if any Board member notifies the Board Chair of the members objection prior to the Executive Committees action on a time sensitive matter

4 APPEALS COMMITTEE The Board may appoint a committee of three (3) Board members to review and

make appeal decisions during the application process described in Article IV Section E Those appointed to the Appeals Committee may not have participated in the rank and review process must have signed conflict of interest forms on file with CoC staff and must affirm upon committee appointment that they do not have conflicts of interest with agencies applying for CoC Program funding In the alternative the Board may also delegate this responsibility to the Executive Committee

Page 71 of 81

8

ARTICLE III CONFLICT OF INTEREST AND CODE OF CONDUCT

NUUM OF CARE GOVERNANC A CONFLICT OF INTEREST

1 GENERAL PROVISIONS A conflict of interest is a situation in which a CoC Board member or one of his or her family members has a personal or financial interest that compromises or could compromise the Board or committee memberrsquos independence of judgment in exercising his or her responsibilities to the CoC It is the position of this CoC that conflicts of interest shall not compromise the CoCrsquos work and that even the appearance of a conflict shall be avoided in all circumstances

2 ADHERENCE TO CONFLICT OF INTEREST POLICY CoC Board and committee members are expected to adhere to the CoC Conflict of Interest Policy which requires the member to minimize conflicts of interest disclose ethical legal financial and other conflicts and remove themselves from decision-making if they would otherwise be called on to act on a conflict involving themselves their family members or entities with which they or their family members are closely associated Under the policy Board members are required to disclose actual or potential conflicts of interest as well as certain relationships and transactions No CoC Board member may participate in or influence discussions or resulting decisions concerning the award of a grant or other financial benefits to the organization that the member represents pursuant to 24 CFR part 57895

3 DEFINITIONS The CoC will assure that Board and committee members acknowledge the federal and state definitions of conflict of interest and are in full compliance with state and federal law a Conflict of Interest definitions aligning with federal statute are

i Conflict of Interest generally means a situation in which a Board member or his or her immediate family member has directly him- or herself or indirectly through another individual or entity a personal or financial interest that compromises or could compromise the Board memberrsquos independence of judgment in exercising his or her responsibilities to the CoC

ii Prohibited Conflict of Interest means a conflict of interest that would prevent a Board member from serving on the Board or participating in any of the Board activities A Board member who has a potential or actual Prohibited Conflict of Interest must resign from the Board Prohibited Conflicts of Interest include CoC compensation and employment loans federal employee status use of CoC equipment facilities assets or staff time for non-CoC purposes and acceptance of gifts gratuities favors or anything of monetary value

iii Issue-Specific Conflict of Interest means a conflict of interest that would prevent a Board member from voting on or being present during the discussion of a specific issue such as votes on contracts and CoC leadership

b Oregon Revised Statutes Chapter 244 defines actual and potential conflict of interests for members

of public bodies No Board or committee member shall participate in a decision in which he or she has a private pecuniary interest Affected members shall disqualify themselves from participation by written notification to the Board as required by ORS 244120

i A potential conflict of interest exists when a Board or committee member takes an action that

reasonably could be expected to have a financial impact on that member a relative or a business with which the member or members relative is associated The member may participate in an action after declaring the potential conflict and announcing its nature

Page 72 of 81

9

ii An actual conflict of interest exists when an action is reasonably certain to result in a special benefit or detriment to the member a relative or a business with which the member or members relative is associated The member will declare the actual conflict and announce its nature The member must then refrain from taking any official action except when the members vote is necessary to achieve a quorum When a vote is necessary to achieve a quorum the member may vote but may not participate in any discussion or debate on the issue out of which the actual conflict arises

4 PENALTIES A Board member who purposefully conceals a conflict of interest refuses to recuse him- or

herself from voting or engages in other conduct that violates the CoC Conflict of Interest policy will be subject to removal from the Board

5 ANNUAL DECLARATION Board and committee members are to annually receive a copy of the CoC Conflict of Interest Policy sign the CoCrsquos Conflict of Interest form and submit the form to CoC staff

B B CODE OF CONDUCT 1 GENERAL PROVISIONS CoC members are expected to observe the highest standards of ethical conduct

in the execution of their responsibilities to conduct themselves with courtesy and respect and to refrain from harassment intimidation discrimination and physical or verbal abuse

2 CONFIDENTIALITY CoC members must respect and maintain the confidentiality of sensitive information

they may gain from their association with the CoC This may include personal information about community members experiencing homelessness

3 RESPONSIBILITY AND INTEGRITY In the performance of their duties CoC members are expected to carry out CoC duties to the best of their abilities and to maintain the highest standards of integrity for actions with other CoC members including CoC Board members service providers service recipients and members of the general public CoC Board and committee members shall put forth honest effort in the performance of their duties to advance the CoCrsquos mission exercising sufficient control and supervision over matters for which they are individually responsible and should not do anything to bring the full CoC or its members into disrepute

4 MISUSE OF POSITION Misuse of position is prohibited A CoC member must not use his or her position with the CoC for personal gain or for the benefit of family or friends

5 COMMUNICATIONS CoC members shall make clear when communicating publicly or with the media whether they are speaking in their own name on behalf of their agency or organization or on behalf of the CoC if the CoC Board has empowered them to speak on the CoCrsquos behalf

6 WASTE FRAUD AND ABUSE CoC members shall disclose waste fraud abuse and corruption in the operation of the Continuum of Care to appropriate authorities

7 EQUAL OPPORTUNITY CoC Board members shall adhere to laws and regulations that provide equal opportunity for all people regardless of race color religion gender identity national origin ethnicity sexual orientation age or disability

Page 73 of 81

10

8 PENALTIES This Code of Conduct will be distributed annually to CoC members Members in violation of any portion of this Code of Conduct will be subject to disciplinary action which could include immediate termination from the CoC Board or CoC committees

9 ANNUAL DECLARATION Board members are to annually receive a copy of the Code of Conduct acknowledge receipt by signing a form and submit a copy of the signed form to CoC staff

O ARTICLE II CONTINUUM FCARE GOVERNANCE STRUCTURE

ARTICLE IV OPERATING THE CONTINUUM OF CARE

A CoC RESPONSIBILITIES The CoC Board is responsible for assuring that the following responsibilities are accomplished with broad participation from CoC stakeholders

1 Hold meetings of the full membership with published agendas at least semi-annually pursuant to 24 CFR part 5787(a)(1)

2 Make an invitation for new members to join the CoC publicly available within the geographic area at least annually pursuant to 24 CFR part 5787(a)(2)

3 Adopt and follow a written process to select a board to act on behalf of the CoC The process must be reviewed updated and approved by the CoC at least once every five (5) years pursuant to 24 CFR part 5787(a)(3)

4 Appoint additional committees subcommittees or workgroups pursuant to 24 CFR part 5787(a)(4)

5 In consultation with the Collaborative Applicant and HMIS Lead develop follow and update annually a governance charter which will include all procedures and policies needed to comply with Subpart B of part 5787 and with HMIS requirements as prescribed by HUD and a code of conduct and recusal process for the board its chair(s) and any person acting on behalf of the board pursuant to 24 CFR part 5787(a)(5)

6 Consult with recipients and subrecipients to establish performance targets appropriate for population and program type monitor recipient and subrecipient performance evaluate outcomes and take action against poor performers pursuant to 24 CFR part 5787(a)(6)

7 Evaluate outcomes of projects funded under the Emergency Solutions Grants (ESG) program and the CoC program and report to HUD pursuant to 24 CFR part 5787(a)(7)

8 In consultation with recipients of Emergency Solutions Grants program funds within the geographic area establish and operate either a centralized or coordinated assessment system that provides an initial comprehensive assessment of the needs of individuals for housing and services The CoC must develop a specific policy to guide the operation of the centralized or coordinated assessment system on how its system will address the needs of individuals and families who are fleeing or attempting to flee domestic violence dating violence sexual assault or stalking but who are seeking shelter or services from nonvictim service providers This requirement along with requirements established by HUD by notice is pursuant to 24 CFR part 5787(a)(8)

Page 74 of 81

11

9 In consultation with recipients of Emergency Solutions Grants program funds within the geographic

area establish and consistently follow written standards for providing CoC assistance as further described in 24 CFR part 5787(a)(9)

10 Designate and operate a single Homeless Management Information System (HMIS) for the geographic area including designating a single system and an HMIS lead reviewing revising and approving a privacy plan security plan and data quality plan for the HMIS ensuring consistent participation of recipients and subrecipients in the HMIS and ensuring that the HMIS is administered in compliance with HUD requirements pursuant to 24 CFR part 5787(b)

11 Develop a CoC plan that includes coordinating the implementation of a housing and service system that meets the needs of homeless individuals including unaccompanied youth and families The system shall include at a minimum outreach engagement assessment shelter housing supportive services and prevention strategies pursuant to 24 CFR part 5787(c)(1)

12 Plan for and conduct at least biennially a Point-in-Time Count of homeless persons within the geographic area as described in 24 CFR part 5787(c)(2)

13 Conduct an annual gaps analysis of the homeless needs and services available within the geographic area pursuant to 24 CFR part 5787(c)(3)

14 Provide information required to complete the Consolidated Plan(s) within the CoCrsquos geographic area pursuant to 24 CFR part 5787(c)(4)

15 Consult with state and local government Emergency Solutions Grants program recipients within the CoCrsquos geographic area on the plan for allocating Emergency Solutions Grants program funds and reporting on and evaluating the performance of Emergency Solutions Grants program recipients and subrecipients pursuant to 24 CFR part 5787(c)(5)

16 Prepare an application for funds that includes a collaborative process in response to a Notice of Funding Availability (NOFA) published by HUD under 24 CFR part 57819

17 OF THE COC AND THE COC BOARD

B CoC REPORTS The CoC Board shall approve the following reports and documents prior to releasing such reports and documents to the community

1 CoC Program Project Priority List 2 Inventory of Homeless Services 3 Annual or Biennial Point-in-Time Count Report 4 Housing Inventory Chart 5 Longitudinal Systems Analysis (LSA) and 6 Homeless Coordinated Entry System Report

Page 75 of 81

12

C CoC CORRECTIVE ACTIONS PROCESS 1 ANNUAL PROGRAM REVIEW CoC funded programs or projects will be reviewed by the Performance

and Evaluation Committee annually with findings reported to the CoC Board 2 RESPONSES TO IMPROVE PROGRAM PERFORMANCE

a Should the Board determine that a program is not meeting established performance measures staff will notify the program or project in writing The organization overseeing the program or project will have the opportunity to provide additional performance information within 30 days of receipt of the CoC notification

b If the program or projectrsquos performance is related to certain items as determined by the CoC Board such as late Annual Performance Report submissions unused funding low utilization low exits to permanent housing low scores on income measures or alignment of program participation with wait list protocols the CoC Board may place a program on probation to improve its performance

c During the probationary period the CoC will enter into a Performance Improvement Agreement with the program or project needing improvement listing specific expectations and timeline

d CoC staff will facilitate technical assistance as needed and available as part of the Performance Improvement Agreement The organization overseeing the program or project is responsible for requesting specific assistance in low-scoring performance areas and requesting clarifications from the CoC about performance measures and expectations

e The length of the probationary period will be proposed by the Performance and Evaluation Committee negotiated by CoC staff and approved by the CoC Board Extensions may be requested for extenuating circumstances and are subject to Board approval If the program or project does not fulfill the agreed-upon expectations included in the Performance Improvement Agreement the Board may reduce funding or ranking may reject future applications from that program or project for HUD CoC Program funds or other remedies approved by HUD

D DESIGNATING AND OPERATING A HOMELESS MANAGEMENT INFORMATION SYSTEM

1 HMIS PURPOSE The primary purpose of the CoCrsquos Homeless Management Information System (HMIS) is to aggregate data on homelessness across Marion and Polk counties to accurately describe the regionrsquos scope and evaluate the effectiveness of efforts to reduce and end homelessness The CoC uses HMIS to a Understand the characteristics and service needs of homeless people b Analyze how homeless people use services c Evaluate program effectiveness and outcomes d Improve access to and delivery of services for people experiencing homelessness and e Strengthen community planning and resource allocation

2 DESIGNATED HMIS ROLES Oregon Housing amp Community Services (OHCS) is designated as the HMIS Lead AgencyAdministrator Portland Housing Bureau is the vendor that provides the licensed software for the HMIS system Mid-Willamette Community Action Agency is designated as the CoC regionrsquos HMIS Coordination Entity designated by the HMIS Lead to coordinate data collection and data analysis for the region The CoC Board oversees the work of the HMIS partners

3 HMIS DECISIONMAKING AUTHORITY HMIS decisions which affect local CoC operations are made by the

HMIS Administrator in consultation with the HMIS Users Workgroup and HMIS Coordination Entity HMIS decisions which affect CoCs participating in statewide HMIS implementation will be made by the Northwest Social Services Connections Committee with representation from each CoC in Oregon The

Page 76 of 81

13

HMIS Lead will keep CoC staff informed of issues and decisions and will provide a summary of key decisions to the CoC Board at least annually

4 HMIS LEAD RESPONSIBILITIES Oregon Housing amp Community Services as HMIS Lead works closely with

the CoC and is responsible for maintaining the CoCrsquos HMIS system in compliance with HUD standards OHCS is responsible for coordinating the following activities a Providing operation security maintenance system auditing and technical support of HMIS central

hardware software and connectivity b Executing a written HMIS Participation Agreement with each Contributing HMIS Organization (CHO)

which includes the role obligations and authority of the HMIS Lead and the organization and requirements to comply with security privacy and data quality plans

c Setting up and managing user accounts access levels and passwords d Providing technical and user support for HMIS software including agency account set-up system

monitoring and testing problem diagnosis and resolution and routine software and information maintenance

e Providing and coordinating ongoing training and technical support for the system f Ensuring consistent HMIS participation by CoC and Emergency Shelter Grant (ESG)recipients and

subrecipients g Maintaining and updating a Privacy Plan Security Plan and Data Quality Plan h Ensuring the accuracy of data including regularly assessing that all participating agencies are

accurately and comprehensively capturing participant entry and exit dates and providing technical assistance to correct data quality challenges

i Coordinating regular end user meetings ie HMIS Users Workgroup meetings to discuss software updates data entry report writing and system management issues

j Serving as point of contact for end user questions and concerns k Assessing compliance with the CoCrsquos HMIS Policies and Procedures Manual l Maintaining contact with the software product developer to ensure consistent and uniform

communication among product support personnel and the community m Generating information on the communityrsquos homeless and housing situation for community

planning advocacy and funder reporting requirements n Assisting end users in the creation of custom reports and queries o Providing regular aggregate data reports to participating agencies CoC staff and the CoC Board p Reviewing and implementing product upgrades q Completing the Annual Homeless Assessment Report r Conducting regular data quality checks and providing reports to the CoC Board and s Serving as the applicant to HUD for grant funds to be used for HMIS activities for the CoCrsquos

geographic area as approved by the CoC Board

5 PROVIDER PARTICIPATION Any organization within the CoC geographic region that receives Continuum of Care Program and Emergency Solutions Grant (ESG) funds must participate in HMIS as a Contributing HMIS Organization (CHO) In addition the CoC encourages all providers of services to homeless individuals and families within the CoC geographic area regardless of whether they receive CoC or ESG funds to become a CHO and include their data in HMIS

6 HMIS MANUAL To ensure compliance with HUD requirements the HMIS Lead in collaboration with the

HMIS Coordination Entity HMIS Users Workgroup and other stakeholders is responsible for developing and annually reviewing and updating the CoCrsquos HMIS Policies amp Procedures Manual The manual provides the framework for the ongoing operations of the HMIS system It includes the CoCrsquos privacy data quality and security plans for the HMIS system At any time the HMIS Lead HMIS Coordination Entity HMIS Users Workgroup or CoC Collaborative Committee may identify elements of policies or

Page 77 of 81

14

procedures or other HMIS-related plans that need to be revised Recommendations for revisions are to be submitted to the HMIS Lead The HMIS Lead will present the HMIS Policies amp Procedures Manual to the CoC Board annually or more frequently if significant substantive changes are proposed

E PREPARING AN APPLICATION FOR FUNDS 1 PURPOSE A major function of the Continuum of Care is to prepare and oversee the applications for CoC

funds administered by HUD under the McKinney-Vento Homeless Assistance Act The CoC Program is designed to assist individuals and families experiencing homelessness and to provide the services needed to help them move into housing with the goal of long-term stability The CoC Program funds important housing and services programs such as permanent housing (including permanent supportive housing and rapid re-housing) transitional housing and supportive services programs HUD CoC Program funds are granted annually based on a national competition following the release a Notice of Funding Availability (NOFA) Recipients of Emergency Solutions Grant funds another homeless assistance grant administered under the McKinney-Vento Act are required by HUD to coordinate with the CoC The CoC addresses that requirement through coordinating with the ESG review and ranking process and ESG scoring tool development

2 COLLABORATIVE APPLICANT The Mid-Willamette Valley Council of Governments (COG) is designated as

the CoC Collaborative Applicant and is responsible for leading and supporting all aspects of the annual HUD CoC NOFA application process including submission of the Consolidated Application

3 PROJECT REVIEW PROCESS

a Immediately after HUDrsquos Continuum of Care Program NOFA is released the Collaborative Applicant will coordinate and carry out the activities needed to successfully submit a Consolidated Application on behalf of the CoC

b Tasks required for project review in preparation for NOFA submission include the following

i Prior to the NOFA release the Collaborative Applicant will develop a draft timeline for the NOFA process and design scoring tools and any corresponding local application materials to assist in the review and ranking of renewal and new project applicants Review and ranking materials will take into consideration both local and HUD priorities

ii Scoring tools and the draft timeline will be reviewed by the Performance and Evaluation Committee and recommended to the CoC Board for approval

iii Upon publication of the NOFA the Collaborative Applicant will schedule and publicize a date and time for a Technical Assistance Workshop and finalize the timeline and priorities for the NOFA process

iv Applicants may participate in the Technical Assistance Workshop At the workshop the Collaborative Applicant will present an overview of the NOFA and the process for reviewing and ranking applications The orientation will describe HUD application requirements supplemental local application materials the scoring tool and applicable deadlines and dates Applicants will also have an opportunity to ask questions The CoCrsquos NOFA timeline and application materials will be posted in the CoC webpage

v Applicants will complete and submit application materials by the established deadline vi Late applications will not be accepted vii As an exception to Article IVD3bvi applicants with significant extenuating circumstances may

submit a petition to CoC staff for an extension Extensions require the approval of the CoC Board or the CoC Executive Committee if delegated the authority for this purpose by the Board It is anticipated that exceptions will be granted in very rare circumstances and not applied in

Page 78 of 81

15

situations where advance planning could have resulted in the application being submitted timely

viii Incomplete applications cannot be supplemented with more information or materials to reach a level of completeness once submitted to the CoC for review and ranking but must be completed prior to HUD submission if selected for funding

ix A subcommittee of the Performance and Evaluation Committee is appointed by the CoC Board to review and rank project applications as described in Article II Section E Subcommittee members receive and review application and scoring materials prior to the subcommittee meeting in preparation to score each programrsquos application

x The subcommittee of the Performance and Evaluation Committee meets to jointly discuss and critique each application and may interview applicants as part of the meeting If applicant interviews are included in the review process all applicants must have the opportunity for an interview After discussion and any applicant interviews subcommittee members individually score applications based on the scoring tools

xi A preliminary ranked list is created by the following procedures (a) A ranked list is prepared based on a composite of raw scores for each application (b) Applications that do not meet certain threshold requirements as detailed on the scoring

tool will not be included on the ranked list (c) If the NOFA makes available bonus funds in a program area the highest scoring eligible

projects will be designated for bonus funding in those relevant program areas xii The CoCrsquos goals for priority funding are to promote high-performing projects in alignment with

community and federal priorities Scoring tools will reflect the communityrsquos implementation of local and federal priorities as determined by the CoC Board

xiii Scores and subcommittee feedback on applications are sent to applicants along with a reminder of the appeals process and deadline by the established deadline

4 REALLOCATION OF FUNDS HUD encourages CoCs to reallocate funds from projects with substandard

performance to higher priority community needs that also align with HUD priorities and goals Prior to the release of the NOFA the Performance and Evaluation Committee facilitates a reallocation discussion in consultation with the CoC Collaborative Committee and CoC Board Scenarios for potential reallocation decisions based on the CoCrsquos gaps analysis and strategic plan are provided to the Performance and Evaluation Subcommittee to consider during the ranking process Final reallocation decisions are approved by the CoC Board

5 APPEALS a APPEALS COMMITTEE As described in Article II Section E appeals are considered by the Appeals

Committee or Executive Committee as designated by CoC Board The Appeals Committee will be established only if an applicant requests an appeal

b ELIGIBILITY TO APPEAL Eligible applicants have the opportunity to appeal both their scores and

preliminary rankings prior to the ranked list being finalized and approved by the CoC Board i The following applicants are eligible to appeal

(a) An applicant that receives less funding than applied for (b) An applicant that is ranked below Tier 1 (c) An applicant that is ranked in the bottom third of Tier 1 (d) An applicant that believes its score is not reflective of the application information provided

or (e) An applicant that can describe bias or unfairness in the process that warrants the appeal

ii Applicants that have not met the threshold requirements are not eligible to appeal

Page 79 of 81

16

c APPEALS PROCESS i Appeals must be received in writing with supporting documentation by the established

deadline ii Notices of appeal must be based on the information submitted by the application deadline No

additional or new information will be considered iii The notice of appeal must include a written statement specifying in detail the grounds and

rationale asserted for the appeal iv Valid appeals will be read reviewed and evaluated by the Appeals Committee that will meet to

consider and deliberate appeals based on the applicantrsquos appeal statement and the application materials that the applicant originally submitted to the CoC

v The Appeals Committee will make modifications to the preliminary list based on the results of the appeals process Appeals Committee decisions must be supported by a 23 majority vote

vi The appealing agency will receive a written decision of the Appeals Committee within two (2) business days of the Appeals Committee meeting

vii Appeals Committee decisions result in the final prioritized list submitted for approval to the CoC Board

6 FINAL PRIORITIZED LIST OF APPLICATIONS

a A final ranked project list is submitted to the CoC Board for review and approval after appeals have been determined and the Appeals Committee has made any modifications to the preliminary prioritized list Any Board member with a conflict of interest must recuse himself or herself from all related discussions and abstain from voting on the final priority list As stated in Article II Section A and Article III Board members with conflicts of interest are subject to removal from the Board

b The Collaborative Applicant submits the CoCrsquos approved Consolidated Application to HUD prior to the HUD NOFA deadline

c Conditional award funding is typically based upon the prioritized list of Project Applicants that is submitted however actual awards and award amounts are determined by HUD

ARTICLE V CHARTER AMENDMENTS

1 PROCESS This governance charter may be amended at any CoC Board meeting by a 23 majority vote of the appointed voting Board membership Copies of proposed amendments will be available for review at least one week prior to the Board meeting at which the proposed amendments are considered The Board will seek prior review and recommendation by the CoC Collaborative Committee of any amendments to the charter unless circumstances require an immediate change In the latter situation CoC staff will provide an explanation of the circumstances and provide opportunity for comments and input prior to and as part of the Board meeting

2 FREQUENCY OF REVIEW The CoC Collaborative Committee and Board will review this charter annually

Page 80 of 81

PENDING CITY COUNCIL AGENDA ITEMS 04092020

APRIL 14 2020 - 630 PM APRIL 28 2020 - 630 PM

Agenda items due 1000 am 040920 Agenda items due 1000 am 042320

raquo Hearing amp ord Code changes (comm stds) (Fred)

raquo OLCC appl - The Tap Station (Hedlund) raquo Ordinance - code changes (HPC)

raquo Cherriotts Bus Stop Parking (Kie) raquo Liquor licensing policy

raquo Homeless Alliance IGA (Tom) raquo Alcohol concessions contract (Tom)

raquo AXON contract (Bob) raquo Event Center contract (TomShawn)

raquo Res 1526 USDA grant application (Shawn) raquo Info Report 3Q Finance Report (Gloria)

raquo raquo F Street Design RFP Selection (Kie)

raquo raquoraquo raquo MinutesNotesPACTracking Log

raquo raquo Liaison Reports MINET Park amp Rec

raquo MinutesNotesPACTracking Log and Planning

+ Urban Renewal Agency if needed + Urban Renewal Agency if neededMAY 12 2020 - 630 PM MAY 26 2020 - 630 PM

Agenda items due 1000 am 050720 Agenda items due 1000 am 052120

raquo Parking ordinance update review raquoraquo Arbor Day proclamation raquoraquo TSP Consultant presentation raquoraquo Museum presentation (Carly) raquoraquo Lot 7 DDA (ShawnTom) raquoraquo raquo MinutesNotesPACTracking Log

raquo raquo Liaison Reports Library WIMPEG

raquo MinutesNotesPACTracking Log and Museum Commission

+ Urban Renewal Agency if needed + Urban Renewal Agency if neededJUNE 9 2020 - 630 PM JUNE 23 2020 - 630 PM

Agenda items due 1000 am 060420 Agenda items due 1000 am 061820

raquo raquo Budget Adoption

raquo raquoraquo raquoraquo raquoraquo raquoraquo raquo MinutesNotesPACTracking Log

raquo raquo Liaison Reports Traffic Safety Historic Preservation

raquo MinutesNotesPACTracking Log and Independence Days

+ Urban Renewal Agency if needed + Urban Renewal Agency if neededFuture Items City Council LiaisonsIndpMonm IGA re MINET (City Mgr) Historic Preservation Commission Councilor Takacs2019 Transportation financing discussion (unf bsn) Hop amp Heritage Block Party Councilor CorrDuplex ADU worksession HPC worksession Independence Days Commission Councilor CorrJan 2021 - 9th St Sewer projects bid award (kie) Library Board Councilor MortonOverlay project award (Winter 2020) (Kie) MINET Councilor HicksF St Construction Award Museum Advisory Board Councilor MortonHoffmanGun club intersection project (wk ssn) (Kie) Parks amp Rec Committee Councilor Martin-WillisPublic Hearing LA-04-2018 (HPC code update) (Fred) Planning Commission Councilor Martin-WillisOnstreet parking regulations (BobTom) Traffic Safety Commission Councilor TakacsSidewalk program (KieShawnTom) WIMPEG Councilor Ranstrom-Smith(IMC) update Building Codes provisions

Budget MeetingsMar 25 Budget Committee Orientation (rescheduling TBA)May 6th Budget CommitteeMay 13th Budget CommitteeMay 20th Budget Committee (if needed)June 23rd Council - Budget Adoption

Page 81 of 81

  • Agenda
  • 31 March 24 2020
  • 61 Council Action Memo
  • 61 Cherriots Presentation
  • 71 Council Action Memo
  • 71 Tap Station OLCC application
  • 72 Council Action Memo
  • 72 AXON Proposal
  • 73 Council Action Memo
  • 73 Resolution 20-1526
  • 74 Council Action Memo
  • 74 Interim IGA
  • 74 COG Scope of Work
  • 74 MWHA Governance Charter
  • 91 04-09-2020
Page 4: City of Independence

Page 2 of 7 City Council Minutes 03-24-2020

4 VISITORSPUBLIC COMMENTS41 Anne Scheck Here representing Trammart News and Publishing regarding feedback received

With all the discussion regarding city debt water bills regarding MINET many are appreciating MINET in our time of need

Many are asking that utility billing mailings contain reassurances regarding water supply

Regarding the library parents are asking if they are able to check out or have access to books

In Riverview Park and the Library parking lot there is WiFi does the stay at home order include a ban to going there Is there a request to stay in a car or be in a particular area

Could the City Facebook page have updates regarding upcoming events such as Touch-A-Truck are posted

She thanked the city for organizing this so citizens can tune in to listen perhaps make available on the city Facebook site on how to do this City Manager Pessemier noted that the Governorrsquos order covers some portions of the park people can drive to the park and the library parking lot ndash free WiFi is there and has been available for some time

5 REPORTSPRESENTATIONS51 Mayor McArdle

We are facing big challenges ndash challenges that most of us have never dealt with before Many people are worried and have legitimate questions He understands ndash he has his own concerns He is also confident because of the people in our community and our great staff that are doing everything they can to provide the safest quality of life for us

He is honored to be working with Mayor Cec Koontz Fire Chief Ben Stange Superintendent Jennifer Kubista WOU President Rex Fuller and Representative Paul Evans ndash all working to provide service - working to provide for our communities provide information and focused on keeping everyone safe

He has two requests ndash we want to keep people safe Need to do social distancing Everyone is to take personal responsibility we donrsquot have to try to fix things in Portland in Washington DC ndash he is asking us to impact the people you know and touch Help to set a new community standard that we will have social distancing ndash this is important for our seniors those with compromised immune systems cancer victims and our youngest residents who have little or no immune system We all need to do what we can to keep them safe So he is asking everyone to do two things

1 Take personal responsibility that this is the new standard ndash maintain social distancing in the store and any time there are people around you Parents talk to your kids young people talk to your friends Make this the new expectation of being a good neighbor in our community - social distancing is a way to keep safe

2 Reach out to neighbors family friends People donrsquot like having to be inside Take some time call gramma grandpa Call folks that you know that arenrsquot able to get out Call your mom parents call your kids Call your friends Make sure they donrsquot feel

Page 4 of 81

Page 3 of 7 City Council Minutes 03-24-2020

alone This is a time when we will define our community state and nation this is a new time and how we deal with this makes a huge difference

He is confident that we will overcome this ndash things will get better it may take weeks or months but it will happen Please do your part to make our community a safe place and a healthy place because we are going to come back on the other side of this because we live in Independence and good things are going to happen here

52 City Manager He noted that we are not broadcasting live we donrsquot want to overwhelm our systems We do not have expensive broadcasting routers and such that could handle this for now we are recording the meeting and will post it online We are looking for live stream options at future meetings

We know that many small businesses are barely holding on residents are living paycheck to paycheck and perhaps no paycheck in the immediate future We know we will have to change our policies to help our residents through these unprecedented times Wants people to know that this Council and the city cares about its residents and we are doing what we can to work through this challenging time together Together we will get through this and Independence will remain an amazing place to live work and play

Managerrsquos report On Saturday March 14th only ten days ago we had special meeting went

through the Vision 2040 statements It was a great exercise and it puts the finishing touches on the plan with some great ideas for moving forward Couldnrsquot do the priorities setting afterward he appreciates council indulgence so that he could spend time with management staff to meet regarding our Covid-19 response

Working 7 daysweek regarding city operations We are in a good place with all employees working and have modified nearly every operational procedure

We continue taking the lead from Centers for Disease Control Oregon Health Authority and the Oregon Governor and we are staying in our lane supporting our community and the residents we serve

Status of city facilities City hall is closed to the public as of tomorrow Staff is available via

telephone or online A drop box will be placed in the lobby for residents Police dept visitors by appointment only Any non-emergency calls will be

taken over the phone Municipal court arraignments are canceled to May The library is closed to the public The museum is closed The boaterbiker campground is closed Playgrounds are closed Signs have been put up signs to remind all to use social distancing in all

parks All events are closed at city hall The building department is working doing as much digitally as we can we

are looking at ways to do inspections etc

Page 5 of 81

Page 4 of 7 City Council Minutes 03-24-2020

Employees are taking many precautions social distancing is observed and a policy has been set Staff is telecommuting as much as possible

Communications Have appointed Sgt Lyle Gilbert as PIO he has had training for this We are going to be working with our local partners to get information out as much as we can Working on the website getting multiple pages available The website will always have the most current information

The Spanish-version website went live tonight We continue to work collaboratively with information releases Small businesses ndash take-out is available and we need to support them now

more than ever The hotel is open people are using it for their remote office Looking at potentially standing up the Emergency Operations Center The Vision 2040 meeting was a good diversion for all of us Advice is that even

in the worst times work on projects for the future something constructive The City continues toward a bright future

Councilor Morton asked if there was a moratorium on water shutoffs Pessemier said yes that we have committed to this to the beginning of May and will extend it as needed Also we will not apply late fees

6 UNFINISHED BUSINESS None

7 NEW BUSINESS71 Bid Award ndash Sunset Park Public Works Director Cottam summarized the Council memo as submitted in the agenda packet Staff is requesting the authority to award the contract for services for Sunset Park to the low bidder KampE Excavation in the amount of $9258000

ACTIONCouncilor Martin-Willis moved to award the contract for services for Sunset Park to KampE Excavation for $92580 and an allowance of $9258 for contingency and authorize the City Manager to execute the necessary contract documents Councilor Morton seconded Motion passed 5-0-0 AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

72 Bond Refinancing Finance Director Butsch summarized the Council memo as submitted in the agenda packet This would authorize the City Manager or designee to proceed with bond refunding of the MINET 2010 A and 2017 B bonds and SPWF Hoffman Rd loan when savings become beneficial to the city She noted there is some proposed legislation to help local governments lift moratorium on advance refundings if it happens it would give us a few more opportunities Discussion of motion Pessemier noted that formal council action would be needed this would enable staff to move quickly

ACTION Councilor Morton moved to authorize the City Manager or designee to proceed with refunding of any applicable bonds and loans when the market stabilizes and refunding provides sufficient savings Councilor Takacs seconded Motion passed 5-0-0

Page 6 of 81

Page 5 of 7 City Council Minutes 03-24-2020

AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

73 Release of Easement City Manager Pessemier summarized the Council memo as submitted in the agenda packet This would release an existing utility easement granted to the city as part of the Independence Landing project a new easement has been provided

ACTIONCouncilor Corr moved to declare the Public Utility Easement dated November 21 2018 and recorded December 6 2018 Instrument No 2018-014074 as abandoned and no longer in use by the City and authorize the City Manager to execute any documents necessary to release this easement in an executed and recorded Release of Easement Councilor Ranstrom-Smith seconded Motion passed 5-0-0 AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

74 Resolution 20-1524 Authorizing Grant Application Economic Development Director Irvine summarized the Council memo as submitted in the agenda packet This is for a grant application from the Oregon Parks amp Recreation Department for redevelopment of Riverview Park Proposing to utilize SDC funds for grant match

ACTIONCouncilor Ranstrom-Smith moved to approve resolution 20-1524 Authorizing a Grant Application to Oregon Parks amp Recreation Department Councilor Morton seconded Motion passed 5-0-0 AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

75 Resolution 20-1525 Authorizing Grant Application Economic Development Director Irvine summarized the Council memo as submitted in the agenda packet This is for a grant application from the Oregon Land amp Water Conservation Fund for redevelopment of Riverview Park Proposing to utilize SDC funds for grant match

ACTIONCouncilor Martin-Willis moved to approve Resolution 20-1525 Authorizing Application for a Local Government Grant from the Oregon Land amp Water Conservation Fund Councilor Takacs seconded Motion passed 5-0-0 AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

76 Council Bill 2020-02 Amends Independence Development Code File No LA-2019-04 Planner Evander summarized the Council memo as submitted in the agenda packet Staff is submitting the legislation that would amend the Independence Development Code as approved at the public hearing for Legislative Amendment

Page 7 of 81

Page 6 of 7 City Council Minutes 03-24-2020

LA-2019-04 at public hearing on February 25th

ACTION1st MOTION Councilor Morton moved to read the proposed Ordinance Council Bill 2020-02 in full as the text is contained in the Council packet for the first time Councilor Takacs seconded Motion passed 5-0-0 AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

City Recorder Johnson read the ordinance title

2nd MOTION Councilor Martin-Willis moved to read the proposed Ordinance Council Bill 2020-02 for the second time by title only Councilor Ranstrom-Smith seconded Motion passed 5-0-0 AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

City Recorder Johnson read the ordinance title

3rd MOTION Councilor Martin-Willis moved to adopt the proposed Ordinance Council Bill 2020-02 Councilor Takacs seconded Motion passed 5-0-0 AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

City Recorder Johnson announced the bill passed and will be assigned ordinance number 1576

Councilor Martin-Willis thanked Evander for his diligent and persistent work on this project

Mayor McArdle thanked staff for putting this meeting together appreciates all city staff to keep us moving forward

8 COUNCIL ANNOUNCEMENTS None

9 GENERAL INFORMATION Items submitted in the packet are for information only no action was required by city council

10 ADJOURN There being no further business to come before the council Councilor

Page 8 of 81

Page 7 of 7 City Council Minutes 03-24-2020

Martin-Willis moved to adjourn motion passed 5-0-0 AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

Meeting adjourned 719 pm

__________________________________MAYOR JOHN McARDLE

ATTEST

____________________________________Karin Johnson MMC City Recorder

Page 9 of 81

Page 10 of 81

555 South Main Street Post Office Box 7 Independence OR 97351

Phone 503838-1212 Fax 503606-3282 email kcottamciindependenceorus

[ ] Information Only [ X ] Action Requested

Statement of IssueStaff is requesting the authority to allow Cherriots Public Transportation services to install 12 new bus stops in Independence

BackgroundCherriots has made 2 previous presentations to council for new bus route and service one in June 2019 and one this year on February 25th Today is the final presentation and request for installation of 12 new bus stops

DiscussionThe city has committed to improving public transportation with several partners Cherriots Public Transportation is an important link to our neighboring cites in Polk County This new service will enter neighborhoods frequently to provide transportation alternatives We are asking council for permission to install yellow curb at these stops approximately 50rsquo is needed for the bus to safely load and unload riders That is the equivalent of 2 parking spaces per stop The stops were placed with taking the minimal amount of parking in mind Both the Public Works Dept and Police Dept inspected and approved every stop proposed We estimate that fewer than 16 parking spots will be needed city wide

Fiscal ImpactCherriots will install and paint the curbs yellow the city will then maintain the stops from the transportation dept funds I do not have an exact amount for maintaining the stops however impact will be minimal

Options1 Approval to allow Cherriots Public Transportation Services to install 12 new bus stops in Independence 2 Defer action requesting additional information3 Deny request

CITY OF INDEPENDENCEPUBLIC WORKS MEMORANDUM

TO Mayor and City Council FROM Kie CottamMEETING DATE 04092020

SUBJECT Cherriots Bus Route 45

Page 11 of 81

555 South Main Street Post Office Box 7 Independence OR 97351

Phone 503838-1212 Fax 503606-3282 email kcottamciindependenceorus

RecommendationSuggested MotionStaff recommends Option 1

Suggested Motion ldquoI move to authorize Cherriots Public Transportation Services to install 12 new bus stops in Independence at the locations as provided by Cherriots staffrdquo

AttachmentsA Cherriots Presentation

Memo prepared by Kie Cottam PW Director

Page 12 of 81

492020

1 1

Route 45 Bus Stop Parking RemovalsIndependence City Council Meetingndash April 14 2020By Ted Stonecliffe Transit Planner II

2

Introductionbull Public outreach completedbull Purpose of bus stop parking removal requestbull Responses to neighbor concernsbull Vehicle typebull Locations of bus stops proposedbull Next stepsbull Conclusionsbull Questions and answers

1

2

Page 13 of 81

492020

1 2

3

Public outreach completed

Public surveybull Conducted in-person outreach events and a six-week online

survey in Summer 2019City council appearances

bull June 2019 February 2020 April 2020

Property owners adjacent to new stopsbull Sent letters certified return receipt USPS mail to each

adjacent property ownerbull Door hangers placed on 160 doors in vicinity of on-street

parking removals and new bus stopsbull Website with all the details cherriotsorgNewRoute45

4

Purpose of bus stop parking removalsbull Buses must have direct access to the curb in order to

loadunload passengers safely especially in mobility devicesbull In order to comply with the Americans with Disabilities Act

(ADA)

Responses to concerns

bull Worked with neighbors on 4th Street to find a better southbound bus stop location

bull Eliminated northbound bus stop on 13th Street in response to neighbor complaint

bull Minimizing parking removals for E Street due to heavy on-street parking occupancy

3

4

Page 14 of 81

492020

1 3

5

Vehicle typebull 25-ft long 14 seats wheelchair lift-equippedbull Needs 50 feet of parking removed at each location

6

Route 45 bus stop locations in Independence (12 new 4 existing)

Monmouth Independence

5

6

Page 15 of 81

492020

1 4

7

Website examples of parking removals

E Street (between 10th and 11th ) Main Street Oak Street

8

Next Stepsbull Seek approval for stops and no-parking zones from three cities ndash

April amp May

bull Release bid package to potential contractors ndash June or July

bull Begin marketing new service at least 30 days in advance of launch

bull Install new stop poles amp signs ndash August

bull Launch new service September 2020

bull Continue marketing new service actively in September

7

8

Page 16 of 81

492020

1 5

9

Conclusionsbull Public outreach allowed public to weigh in on service

design and bus stop locationsbull Property owners have been notified of pending parking

removals by the citybull Removal of parking is necessary for the safety of the riding

public and to comply with the ADAbull Worked with community members and city public works

department to develop final planbull Request for parking removals for bus stops will come from

public works department (Kie Cottam)

10

Questions

9

10

Page 17 of 81

492020

1 6

11

11

Page 18 of 81

CITY OF INDEPENDENCE OREGONMEMORANDUM

TO Honorable Mayor and City Council

FROM Tom Pessemier City Manager

SUBJECT New Establishment Liquor License Applicant

DATE April 9 2020

Action Requested X Information Only

Statement of Issue

The Tap Station LLC DBA The Tap Station located at 87 N Main St has made an application with the Oregon Liquor Control Commission for Additional Privilege This license would allow the licensee to sell wine malt beverages and ciders for Off-Premises Consumption This application is submitted as a result of the recent restrictions put into place for licensed establishments regarding COVID-19 The additional license would allow The Tap Station to selldeliver their products to the consumer for off-premises consumption I have spoken to the OLCC regarding this and they are currently seeing a large increase in these applications and as a result are granting 90-day temporary authority at application with a requirement for follow-up reviewrecommendation by the local authority prior to final decisions or issuance

Background

In 1992 our City adopted resolution 881 which establishes criteria for screening liquor license applications The police department was assigned the task to do initial reviews of each liquor license application The police department then completes a staff report on those findings for the City Council review

Analysis

I have conducted a background investigation for The Tap Station as well as Christopher Ream and did not locate any issues I believe would hinder his operation of this business Christopher has owned and operated The Tap Station since he took over its ownership in the middle of 2019 with no issues or calls for service related to alcohol at the establishment

Fiscal Impact

Page 19 of 81

As of this date I do not know if the fees for this application have been paid

Options

1 Council may recommend approval for this establishment pending the payment of all city fees

2 Council may recommend denying the license for this establishment if reasonable grounds can be established

3 Council may impose an option of its own choosing

Recommended Motion

Option 1 I move to recommend approval of the above liquor license request pending payment of all fees

Attachments

Liquor license application for Additional Privilege

Memo Prepared by

Sergeant Justin Hedlund 46248

Page 20 of 81

reg Read ImportantOregon law requires that every applicant for a liquorlicense obtain a written recommendationfrom the governing body of the county if the place of business of the applicant is outside theincorporated city or from the city councilif the place of business of the applicant is within anincorporated city You must take the attached a lication forms to the a ro riategoverning body After the endorsement process is completed a representative from the city orcounty willcontact you to pick up the application You may deliver the application to the OLCCoffice or retain it until it is requested by the license investigator

Oregon Liquor Control Commission200 Hawthorne Avenue SE Suite Bmdash210Salem OR 97301

Questions Call (503) 378-4871

Page 21 of 81

OREGON LIQUORCONTROLCOMMISSION

LIQUORLICENSEAPPLICATION1 Application Do not includeany OLCCfees with your application packet (the licensefee willbe collected at a latertime) Application is being madefor

LicenseApplied For CITYAND COUNTYUSEONLYBrewery 1st LocationBrewery 2nd LocationBrewery 3rd Location

BrewerymdashPublicHouse 1st LocationBrewery-Public House Znd LocationBrewerymdashFublicHouse 3rd LocationDistillery

Date application received andordate stamp

Name of City or County

FullOn~Premises CommercialFullOnmdashPremisesCatererFull OnmdashPremisesPassenger Carrier

FullOn~Premises Other Public LocationFullOnmdashPremisesFor Profit Private Club

Recommends this license be

III Granted D Denied

FullOnmdashPremisesNonprofit Private Club By

Grower Sales Privilege 1st Location

E Grower Sales Privilege 2nd Location Datelsquo

Grower Sales Privilege 3rd Location OLCCUSEONLYLimited On~Premises

Dateapplictiop receivedOffmdashP lsquo

XI remises

Off-Premises with Fuel PumpsK

V lsquo

Warehouse

ByWholesale Malt Beverage amp Wine

Winery 1st Location LicenseAction(s)Winery Znd Location

Winery 3rd Location

Winery 4th Location He _ Winery 5th Location I IIraquo

2 ldentifythe app|icant(s) applyingforthe license(s) ENTITY(example corporation or LLC)or IND|VlDUAL(S)applyingfor the license(s)

__ raquomdash F7)lee leeSTPiTOs3LLC EmsectQEoCgcEm

(Applicant1) (Applicant2)w JUN

mt I

(Applicant3) (Applicant4) REU_w_lsquo _ -KJI

3 Trade Name ofthe Business (Name Customers Will See)

rdquozTrsigtsectT1rsquorIOlsquovlsquo)4 Business Address (Number and Street Address of the Location that will have the liquor license)

euro7 3 H-IMFraquo STCity ZipCelNraquoDeuroPtNDtNltE rsquoigtoLg 733i

County

OLCCLiquor License Application (Rev 1110)

Page 22 of 81

TtEliigtsectTlTOM5 Trade Name of the Business (Name Customers WillSee)

6 Does the business address currently have an OLCCliquor license E YESlNo7 Does the business address currently have an OLCCmarijuana license EYESXJNO

VDTEOK318 MailingAddressPOBox Number Street Rural Route (where the OLCCwillsend your mail)

City

sectPxE

State

GELZip Code

973019 Phone Number of the Business Location

Btu3amp3 I 17w10 EmailContact for this Application

xxoLtCoIVi11 Contact Person for this Application

Otilsect ilElsquotM

VierctP one Number

OmrsquoSlWtCW3rsquoContact Persons Mailing Address (if different)

701eatevtao we seCity

Sltuim

State Zip Code

OR 0tlsquoIsect07__

Please note that liquor license applications are public records A copy of the application will be posted on the OLCC

website for a period of several weeks

I understand that marijuana (such as use consumption ingestion inhalation samples give-away sale etc) isprohibited on

the licensedpremises

I attest that allanswers on all forms documents and information provided to the OLCCare true and complete

Applicant Signatu rels)

- Each individual person listed as an applicant must sign the application

0 if an applicant is an entity such as a corporation or LLCat least one person who is authorized to sign for the entity

must sign theapplication- A person with the authority to sign on behalf of the applicant (such as the applicants attorney or a person with

power of attorney) may sign the application Ifa person other than an applicant signs the application please

wideroo fsignatureauthority

(A (Applicant2)

(App|icant3) (App|icant4)

otcc Liquor License Application (Rev 11201

Page 23 of 81

OREGON LIQUOR CONTROL COMMISSION

BUSINESS INFORMATION

Please Print or Type

Applicant Name ItET9 StPtT1gtsectgt Phone euroL FZFIVITrade Name (dba) THETAP 3 Tioixs

Business Location Address

City BEPEHDEMCF ZIP Code Ci73sectl

DAYSAND HOURS OF OPERATION

Business Hours Outdoor Area HoursSunday 7mdash- to E2314 Sunday

toMondairsquo __i T0_m MondayTU95daY A I0 E TuesdayWednesday i to WednesdayThursday 3 to

EIFriday __L to __jSaturday IS to I

The outdoor area is used for

KlsquoFood service

Aicohol service

Hours

to

area is adequately viewed andorused by Service Pennittees

(investigators Initials)

Seasonal Variations l31YesEl No if yes explain USEH-qkxig LQ1+JTiZHOOKZRuse Co-mgt-q HRS QceemdashClsquonpoundboeuroeuroeuroJiigtmecent HDUKB

ENTERTAINMENT Check anthat app|y DAYS amp HOURS OF LIVE OR DJ MUSIC

MLive Music E Karaoke

tE Recorded Music D CommdashoperatedGames sectrj3 tgDJ Music B Video Lottery Machines Tuesday to

Wednesday toD Dancing WSocial Gaming Thursday SIDSFriday g to D Nude Entertainers D Pool Tables Saturday 3 to I

D Other

SEATINGCOUNT

Restaurant Outdoor grCraquo OLCC USE ONLY

lsquobk Investigator Veried Seating__(Y) __(N)

Lounge _pound_ Other (explain)mvasgamllnmms

I

lsquo

Banquet Total Seating Date

I understand if my answei7euro)ote a complete the OLCC may deny my license application

Applicant SignatureU

-lsquo Date 3 Z3 lsquoT Z0101-800-452-OLCC (6522)

wwworegongovolcc yrsldquo 1207)Page 24 of 81

555 South Main Street Post Office Box 7 Independence OR 97351

Phone 503838-1212 Fax 503606-3282 email tpessemierciindependenceorus

TO Mayor and City Council FROM City Manager Tom Pessemier MEETING DATE April 14 2020 SUBJECT Approval of 5-year sales contract for

AXON services [ ] Information Only [ X ] Action Requested Statement of Issue A 5-year sales contract with AXON for body-worn cameras Tasers and digital cloud-based storage with software interface is submitted for council consideration Background In 2014 the City of Independence started using body worn cameras in the police department We started by testing different platforms selecting AXON as our preferred provider then negotiated a 5-year contract which was partially grant funded Our current contract expires this month and we have negotiated a new contract for Council consideration Discussion Included in the contract being considered today AXON provides body cameras and Tasers for our officers and CSOrsquos training and training aids and Taser devices for our patrol staff to wear while on patrol These devices are covered under a warranty for the life of the contract as well as a provision for camera replacement around the half-way point of the contract to the newest technology available Certification training for our instructor to be certified to train our staff and other training materials are also included The sales contract also includes software and cloud storage of video The AXON platform which we currently use allows us the ability to transfer video directly to the DArsquos office or others electronically rather than having to build DVDrsquos of video which has saved our records department a lot of time It also provides the ability for citizens to upload video directly to our AXON cloud as well as video redaction capabilities which allows us to comply with Oregon law

CITY OF INDEPENDENCE MEMORANDUM

Page 25 of 81

555 South Main Street Post Office Box 7 Independence OR 97351

Phone 503838-1212 Fax 503606-3282 email tpessemierciindependenceorus

Fiscal Impact The total 5-year contract cost is $131786 broken into annual payments of $26357 Funds are available for this fiscal year in the police department operating budget Funds would be included in the police department budget request for contract years 2-5 Options

1 Approve the contract as proposed 2 Approve the contract with amendments 3 Take no action

RecommendationSuggested Motion Staff recommends Option 1

ldquoI move to authorize the City Manager to sign a service contract for body worn cameras tasers and cloud storage with AXONrdquo Attachments

A Proposed AXON contract

Memo prepared by Robert Mason Police Chief

Page 26 of 81

Payment Terms Net 30

Delivery Method Fedex - Ground

Q-251225-43927723KP

Year 1

Item DescriptionTerm

(Months)Quantity

List Unit

Price Net Unit Price Total (USD)

Axon Plans amp Packages

20248 TASER 7 EVIDENCECOM ACCESS LICENSE 60 1 000 000 000

73687 EVIDENCECOM VIEWER LICENSE 60 1 000 000 000

73746 PROFESSIONAL EVIDENCECOM LICENSE 60 11 000 000 000

73686EVIDENCECOM UNLIMITED AXON DEVICE

STORAGE60 11 000 000 000

73683 10 GB EVIDENCECOM A-LA-CART STORAGE 60 110 000 000 000

73449 AWARE LICENSE 60 11 000 000 000

20248 TASER 7 EVIDENCECOM ACCESS LICENSE 60 11 000 000 000

20246TASER 7 DUTY CARTRIDGE REPLACEMENT

ACCESS LICENSE60 11 000 000 000

73683 10 GB EVIDENCECOM A-LA-CART STORAGE 60 10 000 000 000

73840 EVIDENCECOM BASIC ACCESS LICENSE 60 10 000 000 000

Hardware

20160TASER 7 HOLSTER - SAFARILAND RH+CART

CARRIER11 000 000 000

75015 SIGNAL SIDEARM KIT 11 000 000 000

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

Issued 04062020

Quote Expiration 05152020

Account Number 110011 Axon Enterprise Inc17800 N 85th St

Scottsdale Arizona 85255

United States

Phone (800) 978-2737

Protect Life

PRIMARY CONTACT

Justin Hedlund

Phone (503) 837-1109

Email hedlundjustinciindependenceorus

BILL TO

Independence Police Dept - OR

P O Box 7

Independence OR 97351

US

SHIP TO

Justin Hedlund

Independence Police Dept - OR

555 S Main Street

Independence OR 97351

US

SALES REPRESENTATIVE

Kyle Panasewicz

Phone (480) 905-2071

Email kylepaxoncom

Fax (480) 658-0673

Q-251225-43927723KP

1

Page 27 of 81

Year 1 (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware (Continued)

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

20014TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE STANDOFF (322 000 000 000

20015TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE CLOSE QUART22 000 000 000

20008TASER 7 HANDLE HIGH VISIBILITY (GREEN

LASER) CLASS 3R11 000 000 000

20040 TASER 7 HANDLE WARRANTY 4-YEAR 11 000 000 000

20018 TASER 7 BATTERY PACK TACTICAL 13 000 000 000

20041TASER 7 BATTERY PACK WARRANTY 4-

YEAR13 000 000 000

20042TASER 7 DOCK amp CORE WARRANTY 4-

YEAR1 000 000 000

70033WALL MOUNT BRACKET ASSY

EVIDENCECOM DOCK1 000 000 000

74200 TASER 7 6-BAY DOCK AND CORE 1 000 000 000

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)33 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)33 000 000 000

20016TASER 7 INERT CARTRIDGE STANDOFF

(35-DEGREE)1 000 000 000

20017TASER 7 INERT CARTRIDGE CLOSE

QUARTERS (12-DEGREE)1 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

73202 AXON BODY 3 - NA10 5 69900 63260 316300

74028 WING CLIP MOUNT AXON RAPIDLOCK 5 000 000 000

11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 5 000 000 000

Other

73810 OFFICER SAFETY PLAN 7 60 11 000 000 000

Not Eligible

TASER 7

INSTRUCTO

R COURSE

VOUCHER

Not Eligible TASER 7 INSTRUCTOR COURSE

VOUCHER1 000 000 000

Protect LifeQ-251225-43927723KP

2

Page 28 of 81

Year 1 (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Other (Continued)

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 132442 1456862

Not Eligible

TASER 7

MASTER

INSTRUCTO

R SCHOOL

VOUC

Not Eligible TASER 7 MASTER INSTRUCTOR

SCHOOL VOUCHER1 000 000 000

Not Eligible

Target and

Frame

Not Eligible Target and Frame 11 000 000 000

Not Eligible

Halt SuitNot Eligible Halt Suit 1 000 000 000

20135OCULUS GO STANDALONE VIRTUAL

REALITY HEADSET1 000 000 000

20247TASER 7 ONLINE TRAINING CONTENT

ACCESS LICENSE60 11 000 000 000

20249VR EMPATHY DEVELOPMENT AUTISM

SCHIZOPHRENIA ACCESS LICENSE60 11 000 000 000

73827 AB3 CAMERA TAP WARRANTY 60 5 000 000 000

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2118510

Estimated

Shipping000

Estimated Tax 000

Total 2118510

Year 1 - TAP Refresh

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

74210 AXON BODY 3 - 8 BAY DOCK 2 000 000 000

73202 AXON BODY 3 - NA10 11 000 000 000

74028 WING CLIP MOUNT AXON RAPIDLOCK 16 000 000 000

11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 11 000 000 000

73202 AXON BODY 3 - NA10 1 69900 000 000

74028 WING CLIP MOUNT AXON RAPIDLOCK 1 000 000 000

11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 1 000 000 000

Protect LifeQ-251225-43927723KP

3

Page 29 of 81

Year 1 - TAP Refresh (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Other

73828 AB3 8 BAY DOCK TAP WARRANTY 60 2 000 000 000

73827 AB3 CAMERA TAP WARRANTY 60 11 000 000 000

71019NORTH AMER POWER CORD FOR AB3 8-

BAY AB2 1-BAY 6-BAY DOCK2 000 000 000

73827 AB3 CAMERA TAP WARRANTY 60 1 000 000 000

Subtotal 000

Estimated Tax 000

Total 000

Year 1 - T7 Certification

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Axon Plans amp Packages

20248 TASER 7 EVIDENCECOM ACCESS LICENSE 60 6 000 000 000

20246TASER 7 DUTY CARTRIDGE REPLACEMENT

ACCESS LICENSE60 6 000 000 000

Hardware

20160TASER 7 HOLSTER - SAFARILAND

RH+CART CARRIER6 000 000 000

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

20014TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE STANDOFF (312 000 000 000

20015TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE CLOSE QUART12 000 000 000

20008TASER 7 HANDLE HIGH VISIBILITY (GREEN

LASER) CLASS 3R6 000 000 000

20040 TASER 7 HANDLE WARRANTY 4-YEAR 6 000 000 000

20018 TASER 7 BATTERY PACK TACTICAL 6 000 000 000

20041TASER 7 BATTERY PACK WARRANTY 4-

YEAR6 000 000 000

20016TASER 7 INERT CARTRIDGE STANDOFF

(35-DEGREE)1 000 000 000

20017TASER 7 INERT CARTRIDGE CLOSE

QUARTERS (12-DEGREE)1 000 000 000

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)18 000 000 000

Protect LifeQ-251225-43927723KP

4

Page 30 of 81

Year 1 - T7 Certification (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware (Continued)

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)18 000 000 000

20050 HOOK-AND-LOOP TRAINING (HALT) SUIT 1 75000 67875 67875

Other

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

Not Eligible

TASER 7

INSTRUCTO

R COURSE

VOUCHER

Not Eligible TASER 7 INSTRUCTOR COURSE

VOUCHER1 000 000 000

Not Eligible

Taser 7

Evidenceco

m Admin

License

Not Eligible Taser 7 Evidencecom Admin

License1 000 000 000

Not Eligible

TASER 7

MASTER

INSTRUCTO

R SCHOOL

VOUC

Not Eligible TASER 7 MASTER INSTRUCTOR

SCHOOL VOUCHER1 000 000 000

Not Eligible

Target and

Frame

Not Eligible Target and Frame 6 000 000 000

Not Eligible

Halt SuitNot Eligible Halt Suit 1 000 000 000

Not Eligible

for VR

Headset

Not Eligible for VR Headset 1 000 000 000

20247TASER 7 ONLINE TRAINING CONTENT

ACCESS LICENSE60 6 000 000 000

20249VR EMPATHY DEVELOPMENT AUTISM

SCHIZOPHRENIA ACCESS LICENSE60 6 000 000 000

80087TASER 7 TARGET CONDUCTIVE

PROFESSIONAL (RUGGEDIZED)1 15000 13575 13575

Protect LifeQ-251225-43927723KP

5

Page 31 of 81

Year 1 - T7 Certification (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Other (Continued)

20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 49500 44798 44798

Subtotal 517208

Estimated Tax 000

Total 517208

Year 1 - Trade In

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Other

20104 TASER 7 TRADE-IN UPFRONT PURCHASE 17 000 000 000

Subtotal 000

Estimated Tax 000

Total 000

Year 2

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

Other

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 172674 1899414

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2635722

Estimated Tax 000

Total 2635722

Protect LifeQ-251225-43927723KP

6

Page 32 of 81

Year 3

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

20014TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE STANDOFF (322 000 000 000

20015TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE CLOSE QUART22 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

20014TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE STANDOFF (312 000 000 000

20015TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE CLOSE QUART12 000 000 000

Other

73309 AXON BODY CAMERA REFRESH ONE 11 000 000 000

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 172674 1899414

73689 MULTI-BAY BWC DOCK MID REFRESH 2 000 000 000

73309 AXON BODY CAMERA REFRESH ONE 1 000 000 000

73309 AXON BODY CAMERA REFRESH ONE 5 000 000 000

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2635722

Estimated Tax 000

Total 2635722

Protect LifeQ-251225-43927723KP

7

Page 33 of 81

Year 4

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

Other

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 172674 1899414

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2635722

Estimated Tax 000

Total 2635722

Year 5

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

Protect LifeQ-251225-43927723KP

8

Page 34 of 81

Year 5 (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware (Continued)

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

Other

73310 AXON BODY CAMERA REFRESH TWO 11 000 000 000

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 172674 1899414

73688 MULTI-BAY BWC DOCK FINAL REFRESH 2 000 000 000

73310 AXON BODY CAMERA REFRESH TWO 1 000 000 000

73310 AXON BODY CAMERA REFRESH TWO 5 000 000 000

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2635722

Estimated Tax 000

Total 2635722

Grand Total 13178606

Protect LifeQ-251225-43927723KP

9

Page 35 of 81

Summary of Payments

Payment Amount (USD)

Year 1 2118510

Year 1 - TAP Refresh 000

Year 1 - T7 Certification 517208

Year 1 - Trade In 000

Year 2 2635722

Year 3 2635722

Year 4 2635722

Year 5 2635722

Grand Total 13178606

Discounts (USD)Quote Expiration 05152020

List Amount 15120900

Discounts 1942294

Total 13178606

Total excludes applicable taxes

Protect LifeQ-251225-43927723KP

10

Page 36 of 81

Notes

The parties agree that Axon is granting a credit of $306000 (applied to Year 1 Payment) for trade-in of CEW hardware This credit is based on a ship date range of 512020-

5152020 resulting in a 612020 contract start date Any change in this ship date and resulting contract start date will result in modification of this credit value which may

result in additional fees due to or from Axon

Axon BWC hardware contained in this quote is at zero cost as a TAP refresh of contracts 00004618 and 00010394 The parties agree that all TAP obligations of contracts

00004618 and 00010394 have been fulfilled

Purchase of TASER 7 are governed by the TASER 7 Agreement located at httpswwwaxoncomlegalsales-terms-and-conditions and not the Master Services and

Purchasing Agreement referenced below

Tax is subject to change at order processing with valid exemption

Axonrsquos Sales Terms and Conditions

This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axonrsquos Master Services and Purchasing Agreement

(posted at wwwaxoncomlegalsales-terms-and-conditions) as well as the attached Statement of Work (SOW) for Axon Fleet andor Axon Interview

Room purchase if applicable Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions By

signing below you represent that you are lawfully able to enter into contracts If you are signing on behalf of an entity (including but not limited to the

company municipality or government agency for whom you work) you represent to Axon that you have legal authority to bind that entity If you do not

have this authority please do not sign this Quote

Signature CustSIG Date CustDate

Name (Print) CustName Title CustTitle

PO (Or write

NA) CustPo

Please sign and email to Kyle Panasewicz at kylepaxoncom or fax to (480) 658-0673

Thank you for being a valued Axon customer For your convenience on your next order please check out our online store buyaxoncom

The trademarks referenced above are the property of their respective owners

Protect LifeQ-251225-43927723KP

11

Axon Internal Use Only

Review 1 Review 2

SFDC Contract

Order Type

RMA

Address Used

SO

Comments

Page 37 of 81

Page 38 of 81

555 South Main Street Post Office Box 7 Independence OR 97351Phone 503838-1212 Fax 503606-3282 email kjohnsonciindependenceorus

TO Mayor and City CouncilFROM Shawn Irvine Economic Dev Dir

MEETING DATE April 14 2020SUBJECT Resolution Rural Business

Development Grant Application

[ ] Information Only [ X ] Action Requested

Statement of Issue Staff is requesting Council approve a resolution supporting a grant application to fund the development of a shared-use commercial kitchen facility downtown

BackgroundFor several years the City has worked with local and regional partners to support entrepreneurship and the growth of small businesses These classes and programs have supported a number of successful businesses including several located downtown The past two years the City has partnered with IndyCommons ndash the downtown co-working space ndash to run a series of meetups and classes intended to identify potential business clusters within the communityrsquos entrepreneurs Food-based businesses were the top cluster identified

The mid-Willamette Valley is the largest and most diverse agricultural production region in the state with over 170 different crops being grown It also has a concentration of large and small value-added food products companies that leverage the diverse agricultural products for their businesses The USDArsquos Rural Business Development Grant program supports proposals that offer assistance and training for small businesses in rural communities

DiscussionOver the last decade development of a shared-use commercial kitchen has come up several times in the Cityrsquos regional economic development work These facilities allow licensed users to rent the space on an hourly basis for trying new recipes developing new products and small-scale production The ability to rent a licensed facility enables entrepreneurs to test their ideas and products prior to making the significant investment into building their own commercial kitchen While there has been strong and consistent interest in such a facility from entrepreneurs it is a complex enough project that nobody was willing to be the organizer and operator

IndyCommons opened four years ago successfully bringing the shared space co-working model to downtown Independence Last year the company spun off a new non-profit IndyIdeaHub to support entrepreneurship programming and development in the community and region With the success of the co-working space and the new non-profit IndyCommons is ready to tackle a shared-use commercial kitchen They have leased the neighboring space in their building and plan to operate a shared kitchen and event space with ldquomicro retailrdquo in the storefront Micro retail rents shelf space to entrepreneurs instead of an entire store reducing the startup cost for a new product company and enabling them to test the market for new products without the cost of renting an entire store The kitchen event space and micro retail

CITY OF INDEPENDENCEMEMORANDUM

Page 39 of 81

555 South Main Street Post Office Box 7 Independence OR 97351Phone 503838-1212 Fax 503606-3282 email kjohnsonciindependenceorus

space would work in concert creating a kind of food incubator while also drawing people downtown for pop up dinners and other events

IndyCommons is leasing the space and the Cityrsquos grant application would support the non-profitrsquos work to outfit and operate the kitchen while offering business development programs The grant will request approximately $90000 matched with funds from IndyCommons and a $60000 Rural Opportunity Initiative grant the City received through Business Oregon which supports programming for food-based entrepreneurship

While the City is requesting the grant and supporting development of this kitchen facility its users will not be limited just to Independence residents As with IndyCommons anyone willing to travel to the facility and pay the rental fee will be able to use it Programs and classes will also be open to anyone from the region

Fiscal Impact Staff time will be spent writing the grant and if awarded coordinating the project No City funds will be used as match for this project

Options1 Approve the resolution as submitted2 Approve the resolution with amendments3 Take no action

RecommendationSuggested MotionStaff recommends Option 1

Suggested motion ldquoI move to approve Resolution 20-1526 Authorizing the City to Apply for a Rural Business Development Grantrdquo

AttachmentsA Resolution 20-1526

Page 40 of 81

Page 1 of 2 Resolution 20-1526 Authorizes USDA Grant Application

BEFORE THE CITY COUNCIL OF THE CITY OF INDEPENDENCE

COUNTY OF POLK STATE OF OREGON

IN THE MATTER OF AUTHORIZING THE CITY ]OF INDEPENDENCE TO APPLY FOR A RURAL ]BUSINESS DEVELOPMENT GRANT FROM THE ]UNITED STATES DEPARTMENT OF AGRICULTURE ]FOR DEVELOPMENT OF A SHARED-USE ]COMMERCIAL KITCHEN FACILITY AND ]DELEGATING AUTHORITY TO THE CITY ]MANAGER TO SIGN THE APPLICATION ]

RESOLUTION 20-1526

A RESOLUTION AUTHORIZING APPLICATION FOR USDA GRANT

WHEREAS the USDA is accepting applications for its Rural Business Development Program and

WHEREAS the City of Independence has the capacity to administer the grant and desires to participate in this grant program to the greatest extent possible as a means of providing needed business development and entrepreneurship programming and

WHEREAS Staff have identified development of food-based businesses as a successful regional business cluster which could be expanded within the City of Independence and

WHEREAS local and regional economic development plans have identified a shared-use commercial kitchen as an important asset to reduce barriers to entry for food-based startup businesses and

WHEREAS the City of Independence has an existing partnership with IndyCommons to support entrepreneurship and business development within the community and

WHEREAS the City of Independence has available matching funds from the State of Oregonrsquos Rural Opportunity Initiative which will fund food-based business programming and services at the new kitchen facility and

Page 41 of 81

Page 2 of 2 Resolution 20-1526 Authorizes USDA Grant Application

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF INDEPENDENCE AS FOLLOWS

Section 1 The City Council demonstrates its support for the submittal of a grant application to the United States Department of Agriculture for development of a shared-use commercial kitchen and delegates authority to sign grant documents to City Manager Tom Pessemier

Section 2 This Resolution shall be effective following its adoption by the City Council

Passed by the City Council this 14th of April 2020

Effective Date April 14 2020Signed by the Mayor April 14 2020

__________________________John McArdle Mayor

ATTEST

_______________________Karin Johnson MMCCity Recorder

Page 42 of 81

555 South Main Street Post Office Box 7 Independence OR 97351Phone 503838-1212 Fax 503606-3282 email tpessemierciindependenceorus

TO Mayor and City CouncilFROM City Manager Tom Pessemier

MEETING DATE April 14 2020SUBJECT Approval of IGA Mid-Willamette Valley

Homeless Alliance Continuum of Care

[ ] Information Only [ X ] Action Requested

Statement of IssueAn Inter-Governmental Agreement concerning the Mid-Willamette Valley Homeless Alliance is submitted for council consideration

BackgroundIn 2019 the City of Independence along with the cities of Monmouth Keizer Salem the Salem-Keizer School District Polk and Marion counties and the Confederated Tribes of Grand Ronde and with the Mid-Willamette Valley Council of Governments (COG) formally organized the Mid-Willamette Valley Homeless Alliance (MWVHA) which serves as our regionrsquos Continuum of Care (CoC) The CoC is committed to the goal of preventing and ending homelessness within Polk and Marion counties The CoC was recognized by the US Housing and Urban Development Department (HUD) on 12-11-19 and to that end a formal Governance Charter was approved by the MWVHA Board of Directors on 2-13-20

The MWVHA Board of Directors is a collaboration of the members and the COG has provided administrative support for the member governments The MWVHA is not a legal entity and HUD regulations require a legal entity to serve as the Collaborative Applicant for a Continuum of Care therefore an ORS 190 entity (Inter-Governmental Agreement or IGA) is proposed to be formed to allow the member governments to contract with the COG to provide services and for the COG to be reimbursed

DiscussionTime is of the essence this IGA establishes the terms and conditions under which the member governments will coordinate to support the MWVHA through contracting with the COG to serve as the Collaborative Applicant This IGA is a short-term solution until a new entity is designated and would expire on August 13 2020

Fiscal ImpactNo additional fiscal impact Funds have been reservedbudgeted for this project

Options1 Approve the IGA as proposed2 Approve the IGA with amendments3 Take no action

RecommendationSuggested Motion

CITY OF INDEPENDENCEMEMORANDUM

Page 43 of 81

555 South Main Street Post Office Box 7 Independence OR 97351Phone 503838-1212 Fax 503606-3282 email tpessemierciindependenceorus

Staff recommends Option 1

ldquoI move to approve the cityrsquos participation in the ORS 190 concerning the Mid-Willamette Valley Homeless Alliance and to authorize the City Manager to sign the related documentsrdquo

AttachmentsA Interim IGAB COG Scope of WorkC MWHA Governance Charter

Memo prepared by Karin Johnson City Recorder

Page 44 of 81

1 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

1 PARTIES TO AGREEMENT

This Agreement by and between the Confederated Tribes of the Grand Ronde (ldquoGrand Ronderdquo) Marion County (ldquoMarionrdquo) Polk County (ldquoPolkrdquo) and the Cities of Independence (ldquoIndependencerdquo) Keizer (ldquoKeizerrdquo) Monmouth (ldquoMonmouthrdquo) Salem (ldquoSalemrdquo) the Salem-Keizer School District (ldquoSalem-Keizerrdquo) collectively the ldquoMember Governmentsrdquo and the Mid-Willamette Valley Council of Governments (ldquoCOGrdquo) is made pursuant to ORS 190010

2 AUTHORITY This Agreement is established under the authority of Oregon Revised Statutes (ORS) Chapter 190

3 BACKGROUNDa The Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo) was formed on

September 24 2019 and recognized by the US Housing and Urban Development Department (ldquoHUDrdquo) on December 11 2019 for the Polk County and Marion County region to carry out the purposes of the HUD Continuum of Care program described in 24 CFR Part 578

b The Alliance Charter was approved by the Alliance Board of Directors on February 13 2020 (Attachment 1)

c The Alliance is a collaboration of the Member Governments non-profit service organizations and community members and is not a legal entity

d The Member Governments have made financial contributions for the 2019-2020 Fiscal Year which are being managed by COG

e The Member Governments have agreed to make financial contributions to support the Alliance for the 2020-2021 Fiscal Year subject to budgetary approval as approved by the Alliance Board of Directors (Attachment 2)

f HUD regulations require a legal entity to serve as the Collaborative Applicant for a Continuum of Care such as the Alliance

g The COG has been providing administrative support and other resources for the Alliance including contract management for independent contractors engaged by COG at the request of the Alliance During this time the Member Governments have directly paid their contribution amounts to COG to manage those funds for the Alliance

h The COG has agreed on an interim basis to continue to provide administrative support and other resources in addition to serving as the Collaborative Applicant for

Page 45 of 81

2 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

the Alliance until an ORS 190 entity has been formed and designated by the Alliance Board of Directors to serve as the Collaborative Applicant

i The Alliance Board of Directors approved the execution of this Agreement for a term to expire on August 13 2020 to allow the Member Governments to contract with the COG to provide Collaborative Applicant services and reimburse COG for services

4 PURPOSE

The purpose of this Agreement is to establish the terms and conditions under which the Member Governments will coordinate to support the Alliance through contracting with COG to serve as the Collaborative Applicant for the Alliance pursuant to 24 CFR Part 578 The parties understand and agree that this Agreement serves as an interim solution to allow COG to serve as the Collaborative Applicant and be reimbursed for its costs until a new entity is designated

5 TERM AND TERMINATION

51 This Agreement shall be effective from the date upon which the last signature is affixed hereto and shall expire on August 13 2020 unless otherwise earlier terminated or extended

52 This Agreement may be terminated by mutual consent of all parties hereto Any such termination of this Agreement shall be without prejudice to any obligations or liabilities of any party already accrued prior to such termination

6 FUNDING AND BILLING

61 The Member Governmentsrsquo fiscal year 2020-2021 contributions as set forth in Attachment 2 shall be made to COG subject to the individual Member Governmentrsquos budgetary approval Nothing in this Agreement binds any Government Member to any specific financial contribution after the 2020-2021 fiscal year

62 COG shall be reimbursed for its expenses already incurred in support of the Alliance from January 1 2020 to the effective date of this Agreement COGrsquos expenses prior to July 1 2020 shall be reimbursed from the Member Governmentsrsquo Fiscal Year 2019-2020 contributions and COGrsquos expenses for the period of July 1 2020 to the termination of this Agreement shall be from the Member Governmentsrsquo Fiscal Year 2020-2021 contributions COG shall submit an invoice to the Alliance Board for its approval for COGrsquos Fiscal Year 2019-2020 expenses no later than August 30 2020 and shall submit an invoice to the Alliance Board for its approval for COGrsquos Fiscal Year 2020-2021 expenses no later than September 30 2020

63 COGrsquos expenses under this Agreement shall not exceed the total amount of funds contributed by the Member Governments and any contributions from other members of the Alliance donations or grants provided to COG for the benefit of the Alliance subject to the rates for specific services as set forth in the Scope of Work As set forth in the Scope of

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3 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

Work COG shall provide timely financial reports to the Alliance and shall ensure that expenses do no exceed available resources approved by the Member Governments through the Alliance Board

7 OBLIGATIONS UNDER THE TERMS OF THIS AGREEMENT

71 MEMBER GOVERNMENTS agree to

a Make timely payment to COGb Maintain good standing as a member of the Alliancec Collaborate in good faith with other Member Governments to create a new ORS 190

entity to serve as the Collaborative Applicant for the Alliance

72 COG agrees to

Serve as the Collaborative Applicant for the Alliance and perform other duties as established in the Scope of Work (Attachment 3)

8 DESIGNATION OF SUCCESSOR COLLABORATIVE APPLICANT

The Member Governments understand and agree that the Alliance is required to have a Collaborative Applicant as that term is defined in 24 CFR Part 57815 which must be a legal entity The Alliance Board has indicated a desire that the Member Governments form an intergovernmental entity to serve that purpose Time is of the essence to designate a successor Collaborative Applicant and the Member Governments agree to work cooperatively and in a timely manner to agree on the new Collaborative Applicant The Member Governments also agree they will create a new intergovernmental entity to serve in that role

9 COMPLIANCE WITH APPLICABLE LAWS

The parties agree that both shall comply with all applicable federal state and local laws and ordinances applicable to the parties and the work to be done under this Agreement The parties agree that this Agreement shall be administered and construed under the laws of the state of Oregon Nothing in this Agreement shall be considered a waiver of tribal sovereign immunity

10 NONDISCRIMINATION

The parties agree to comply with all applicable requirements of federal state and local civil rights statutes rules and regulations in the performance of this Agreement

11 HOLD HARMLESSThe parties agree to indemnify and hold harmless each other for from and against all claims costs expenses (including attorney fees) losses damages fines charges actions or other liabilities solely to the extent arising from their own intentional or negligent acts or those of their agents contractors or employees and to the extent applicable the above indemnification is

Page 47 of 81

4 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

subject to and shall not exceed the limits of the Oregon Tort Claims Act (ORS 30260 through 30300) and the Oregon Constitution The parties intend to provide reciprocal indemnity obligations The parties acknowledge that the Oregon Tort Claims Act does not limit the liability of Grand Ronde in the same manner as the other parties Accordingly the parties agree Grand Rondersquos indemnity shall not exceed the indemnification limits of any other party

12 INSURANCE

Each party shall insure or self-insure and be independently responsible for the risk of its own liability for claims within the scope of the Oregon tort claims act (ORS 30260 to 30300) The parties intend to provide reciprocal liability insurance obligations The parties acknowledge that the Oregon Tort Claims Act does not apply to Grand Ronde in the same manner as other parties Accordingly the parties agree that Grand Ronde shall self-insure in an amount consistent with the liability for claims of any other party

13 MERGER CLAUSEParties concur and agree that this Agreement constitutes the entire agreement between the parties No waiver consent modification or change to the terms of this agreement shall bind either party unless in writing and signed by both parties There are no understandings agreements or representations oral or written not specified herein regarding this agreement Parties by the signatures below of their authorized representatives hereby agree to be bound by its term and conditions

Page 48 of 81

5 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

THE CONFEDERATED TRIBES OF THE GRAND RONDE COMMUNITY OF OREGON

__________________________________ ________________________ Cheryle A Kennedy DateTribal Council Chairwoman

Page 49 of 81

6 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

CITY OF INDEPENDENCE

__________________________________ _____________________Tom Pessemier DateCity Manager

Page 50 of 81

7 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

CITY OF KEIZER

__________________________________ ________________________Christopher Eppley DateCity Manager

Approved as to form

________________________________________Keizer City Attorney

Page 51 of 81

8 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

CITY OF MONMOUTH

__________________________________ _____________________Chad Olsen DateInterim City Manager

Page 52 of 81

9 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

MARION COUNTY BOARD OF COMMISSIONERS

__________________________________Chair

__________________________________Commissioner

__________________________________Commissioner

Date _____________________

Page 53 of 81

10 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

POLK COUNTY BOARD OF COMMISSIONERS

__________________________________Commissioner

__________________________________Commissioner

__________________________________Commissioner

Date _____________________

Page 54 of 81

11 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

SALEM-KEIZER PUBLIC SCHOOLS

_____________________________________ _____________________Marty Heyen Chairperson Board of Directors DateSalem-Keizer Public Schools

Page 55 of 81

12 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

CITY OF SALEM

__________________________________ _____________________Steve Powers DateCity Manager

Page 56 of 81

13 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

__________________________________ _______________________Renata Wakeley DateActing Executive Director

Page 57 of 81

Page 58 of 81

1

MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

SCOPE OF WORK FOR THE MID-WILLAMETTE VALLEY HOMELESS ALLIANCE COG shall undertake the following items in performance of this Agreement

1 Finance a Manage and process accounts payable and accounts receivable b Maintain records of project expenditures and revenues in COG financial

management system c Maintain copies of personal services contracts and other contracts for goods and

services under this Agreement d Provide monthly financial report to the Alliance Board e Provide support to and project financial statements in annual audit f Incorporate project expenditures and revenues into COG budget forecast prepare

budget documents for Alliance Board approval g Provide documentation of internal controls and other financial policies and

procedures to HUD upon request h Manage HUD planning grant when awarded Assure planning grant expenditures

made by the project are allowable per HUD regulations i Prepare any required financial reports associated with the planning grant j Accept and record Alliance member contributions and k Invoice members for annual project contributions and track contribution receipts

2 Administrative Support

a Attend Alliance Board meetings and executive committee meetings prepare draft minutes and maintain meeting records

b Assist the Alliance in scheduling meetings and other meeting-related tasks including merging documents for the meeting packet

c Schedule meeting space when available facilitate meeting logistics and preparation including setting up meeting space copying documents making name cards setting up laptop and PowerPoint equipment connecting participants through conference phone

d Maintain email lists in conjunction with the Alliance e Notice meetings per Public Meetings Law requirements f Assist the Alliance in preparing and disseminating a quarterly Alliance newsletter

COG is not responsible for creating or obtaining content for the newsletter and g Maintain Homeless Initiative web page on the COG website and provide up to six

(6) hours a month of IT support for the newly acquired and licensed Homeless Initiative web page

3 Executive Director Support

a Negotiate and approve goods and personal service contracts and contract amendments upon request of the Alliance

b Approve payments for monthly invoices c Provide executive level advice and support in working with the COG board of

directors and COG members d Authorize legal services upon request of the Alliance

Page 59 of 81

2

e Authorize IT services upon request of the Alliance f Attend MWVHA board meetings as needed and g Serve as the Collaborative Applicant for the 2020 NOFA process sign required

application documents

4 IT Support a Support development and maintenance of the Alliance website and b Other projects upon request of the Alliance and approval of Executive Director

5 Legal Services upon request of the Alliance and approval of Executive Director

6 Rates for services provided by COG are set forth COGrsquos fee schedule attached hereto as

Exhibit 1 (COG Board of Directors Resolution 2019-06) COG modifies its fee schedule annually on or about on July 1 of each year COG may modify the fees under this Agreement by not more than 15 for any individual fee upon adoption of a fee schedule for the 20-21 fiscal year and providing the Member Governments 10-daysrsquo notice of the modified fees The rates for services set forth herein apply to this Agreement and COG reserves the right to propose different rates in any future agreement pursuant to COGrsquos adopted fee schedule

Page 60 of 81

Page 61 of 81

Page 62 of 81

Page 63 of 81

Page 64 of 81

1

MID-WILLAMETTE VALLEY HOMELESS ALLIANCE GOVERNANCE CHARTER

FINAL ndash Approved by the CoC Development Council on 10-24-19 ratified by the Mid-Willamette Valley Homeless Alliance Board of Directors on 2-13-20

ARTICLE I CONTINUUM OF CARE NAME AND PURPOSE

A NAME OF THE CONTINUUM OF CARE (COC) The name of this organization is the Mid-Willamette Valley Homeless Alliance which serves as the regionrsquos Continuum of Care herein referred to as ldquothe CoCrdquo

B CONTINUUM OF CARE (COC) OVERVIEW 1 GEOGRAPHIC BOUNDARIES The CoC represents the geographic region within the boundaries of Marion

and Polk counties 2 PURPOSE The CoC is organized to carry out the purposes of the US Housing and Urban Development

(HUD) Continuum of Care program as described in 24 CFR Part 578 The CoC promotes communitywide commitment to the goal of preventing and ending homelessness provides funding for efforts by nonprofit providers and state tribal and local governments to quickly rehouse homeless individuals including unaccompanied youth and families while minimizing the trauma and dislocation caused to homeless individuals families and communities by homelessness promotes access to and effective utilization of mainstream housing and homeless services programs by homeless individuals and optimizes self-sufficiency among individuals and families experiencing homelessness Its work includes gathering and analyzing data to determine local needs of and resources available to people experiencing homelessness developing and prioritizing a menu of strategic responses collaboratively implementing a strategic plan promoting service coordination educating the public on homeless issues providing advice and input on homeless services operations leveraging resources for maximum impact and measuring and promoting strong program performance Through collaborative efforts of local and tribal governments school districts nonprofit organizations and other participating stakeholders the CoC seeks to develop an evidence-based system of services including stable housing designed to meet the unique and complex needs of adults youth children and families in Marion and Polk counties who are at risk of or are experiencing homelessness ICLE 3 ndash GEOGRAPHIC RE

ARTICLE II CONTINUUM OF CARE GOVERNANCE STRUCTURE

A BOARD OF DIRECTORS 1 NAME The name of the CoC governing board is the Mid-Willamette Valley Homeless Alliance Board of

Directors herein referred to as the ldquoCoC Boardrdquo or the ldquoBoardrdquo The CoC has established a governing board as required by 24 CFR part 5787(a)(3) The Board is responsible for the overall policy and direction of the CoC and may delegate responsibility for day-to-day operations to staff and committees

2 VOTING MEMBERSHIP The Board will consist of at least thirteen (13) voting members that have no

conflicts of interest as defined in Article III of this charter and 24 CFR part 57895 Board members will

Page 65 of 81

2

serve without compensation Board membership includes representation from the following organizations or subpopulations

a One representative from each of the following organizations

i Union Gospel Mission a faith-based organization ii The Confederated Tribes of Grand Ronde iii Local governments

(a) City of Independence (b) City of Keizer (c) City of Monmouth (d) Polk County

iv Salem-Keizer School District (24J) v Salem Health vi Homeless or formerly homeless individuals appointed by the Law Enforcement Assisted Diversion

Program and vii United Way of the Mid-Willamette Valley a nonprofit organization

b Two representatives from the City of Salem and Marion County In the alternative pursuant to

Section 11 of Article 2 Marion County and the City of Salem may appoint one representative who may exercise two votes

3 EX-OFFICIO BOARD MEMBERS In addition seven (7) ex-officio participants may serve as non-voting ex-

officio board members participating in discussions and representing such groups as a Marion County Salem and West Valley Housing Authorities b Mid-Willamette Valley Community Action Agency c Polk County Veteran Services and d Co-chairs of the CoC Collaborative Committee

4 BOARD SELECTION PROCESS

a The initial CoC Board of Directors will be nominated by the Development Council established by a 2019 Memorandum of Agreement in consultation with the stakeholders workgroup

b Each organization nominated for representation on the CoC Board will identify persons to serve who hold elected or senior staff roles in decision-making for that organization

c Members serve at the pleasure of the CoC Board d Any directors representing organizations newly added to the Board by amendment to this charter

will be nominated and confirmed by vote of the CoC board e Pursuant to 24 CFR part 5787(a)(3) the CoC Board will submit this written selection process to the

CoC Collaborative Committee described in Section D of this article and Board of Directors for review update and approval at least once every five (5) years

5 BOARD FINANCIAL CONTRIBUTIONS Each organization represented as a voting member on the CoC

board will contribute funds to supplement CoC operations contingent on the organizationrsquos budgetary

authority Contributions will be reviewed and approved annually by the CoC board

6 BOARD ALTERNATES Board members may designate an Alternate for a single meeting who can attend in the board memberrsquos place if the member must miss a meeting The Alternate must represent the same organization or subpopulation as the absent Board member Prior to the board meeting the absent Board member or his or her designee must communicate in writing to CoC staff confirming the Alternatersquos attendance and granting authority for the Alternate to vote

Page 66 of 81

3

7 TERMINATION The Board may remove any member when it determines it is in the interest of the CoC to do so Member terminations require a 23 vote of the appointed voting membership Reasons for removal include excessive absences from meetings conduct that is contrary to the Boardrsquos code of conduct or noncompliance with conflict of interest or other board policies

8 RESIGNATION Resignations by Board members shall be submitted in writing to CoC staff who will forward the resignation notice to board leadership Resignations will be announced at the next regularly scheduled board meeting For board positions representing designated organizations resignation is implied if a person seated on the board is no longer affiliated with the organization that appointed him or her The appointing organization is then responsible for assuring that another qualified person is appointed to represent that organization

9 MEETINGS Pursuant to 24 CFR part 5787(a)(1) the Board will meet at least semi-annually in conjunction with the CoC Collaborative Committee to conduct general CoC business Inclusive of these semi-annual joint meetings the board will meet at least quarterly and may meet more frequently at the call of the chair The CoC Board is a public body subject to the public meetings and record laws as stated in ORS Chapter 192 All meetings will be open to the public

10 QUORUM A majority defined as 50 plus one of the appointed voting Board membership will constitute a quorum for the transaction of all business at meetings Members may attend either in person or by conference call so long as persons in attendance and on the telephone can both hear and communicate with each other Members attending by telephone conferencing may be counted towards achieving a quorum

11 VOTING Each Board member will hold one vote on all matters brought before the board However in recognition of their significant financial contributions to the effort Marion County and the City of Salem may select two persons to represent each organizationrsquos interests on the CoC Board or in the alternative may select one representative who shall have two votes on any matter Board decisions shall be made by a majority of the total votes available to the entire appointed voting Board membership

12 NOTICE AND INCLUSION a The Board will provide for and give public notice reasonably calculated to give actual notice to

board members interested persons news media that have requested notice and general public notice Notice shall include the time and place for holding regular meetings The notice will also include a list of the primary subjects anticipated to be considered at the meeting Distribution of meeting notices will be in a manner that maximizes the potential of the public awareness of Board proceedings and for the public to participate in its deliberations

b Whenever possible matters resulting in a recommendation to the Board will be deliberated during a minimum of two meetings to assure maximum participation

c The Board encourages input to its deliberations and decision-making from a diversity of stakeholders including consumers and community members from diverse genders racial and ethnic origins cultural groups and geographic areas within the CoC boundaries CoC members are encouraged to bring ideas or concerns to the attention of the CoC Board and staff

d The Board will conduct outreach at least semi-annually with business organizations such as economic development forums chambers of commerce and Rotary clubs to inform business leaders about current issues surrounding homelessness and gather information from a business perspective

13 AGENDAS Items may be placed on a meeting agenda by any Board member or by CoC staff The agenda will be distributed to members and through public notice at least one week prior to a Board meeting

Page 67 of 81

4

B BOARD OFFICERS 1 CHAIR The Board will accept nominations and elect a chair annually The chair may be elected for

subsequent terms The chair will act as leader of the convened meeting and as the parliamentarian The chair will enforce Board policies and membership rules and will guide the conduct of public meetings The chair is the official Board representative and shall be the primary spokesperson to the media

2 VICE CHAIR The chair will select a vice chair with board consent In the absence of the chair the vice chair will assume the chairs responsibilities If neither the chair nor vice chair is available for a public meeting then the assembled quorum of the meeting will select a temporary chairperson to conduct the meeting

3 EXECUTIVE COMMITTEE LEADERSHIP The chair and vice chair serve as leaders of the CoC Executive Committee as described in Section E1

C STAFF RESPONSIBILITIES TO THE CoC BOARD

1 STAFF SUPPORTCOLLABORATIVE APPLICANT Subject to available funding for CoC operations Mid-

Willamette Valley Council of Governments (COG) will serve as the Collaborative Applicant described in

Article IV Section E and provide staff support that could be employees contractors and in-kind

support as well as in-kind materials and services to support the CoC To maintain a neutral role in

facilitating council meetings staff representing the COG will not hold authority to vote on matters

placed before the CoC Board

2 UNIFIED FUNDING AGENCY The CoC will seek designation as a Unified Funding Agency from the US

Department of Housing amp Urban Development

3 MEETING PREPARATION CoC staff is responsible for meeting preparation which includes

a Locating reserving and preparing the meeting space b Sending meeting notice agendas and minutes to the CoC distribution list one week prior to the

meeting and a reminder one day prior to the meeting c Compiling background materials and staff reports d Planning Board meetings in collaboration with the Executive Committee e Taking attendance at meetings and f Providing facilitation as needed

4 MINUTES CoC staff will serve as the CoC Board Administrator and prepare meeting minutes Minutes

will include a list of the members present motions proposals resolutions and orders proposed and their disposition the results of all votes and a vote by each member by name the substance of any discussions on any matter and reference to any document discussed at that meeting Minutes will be posted on the CoC website and distributed to the Board membership one week prior to the monthly meeting

5 RECORDS Pursuant to 24 CFR part 578103 and 24 CFR part 5785(b) staff will maintain CoC records to document compliance with HUD requirements including the following a Approved CoC governance charter that includes a written process to select the CoC board b Documentation of required reviews and updates including the annual charter review and review of

Board selection process every five years c CoC Board and committee rosters designating representation of sectors and subpopulations d Agendas and minutes of CoC Board committee subcommittee and workgroup meetings

Page 68 of 81

5

e Designation of a single Homeless Management Information System (HMIS) for the CoC f CoC applications for funds as set forth in 24 CFR part 5789 g Use of planning funds for eligible costs and other grant management documentation pursuant to 24

CFR part 57839 and h Completed and signed CoC conflict of interest forms required in Article III Section 5 of this charter

6 OTHER RESPONSIBILITIES CoC staff will maintain distribution lists distribute communications to CoC members and the community at large develop and maintain a CoC webpage support CoC committees and workgroups produce and submit applications for funds and perform other duties as assigned by the CoC Board to support the CoC

D CoC COLLABORATIVE COMMITTEE 1 PURPOSE The purpose of the CoC Collaborative Committee is to assist the Board in accomplishing the

responsibilities of the Continuum of Care as described in Article IV

2 MEMBERSHIP Participation in the Continuum of Care is open through the CoC Collaborative Committee to interested organizations and to interested individuals representing the community at large Member agencies will be responsible for identifying CoC representatives Participating agencies may have more than one person identified as a CoC representative Homeless and formerly homeless people are encouraged and supported to participate A roster of CoC Collaborative Committee participants will be maintained and posted on the CoC website

3 VOTING Each member organization and community at large member who has participated in at least two (2) meetings in the preceding twelve (12) months after the initial year of CoC operations shall have one vote at subsequent meetings on each matter submitted to a vote of CoC members To the maximum extent possible committee meetings shall operate on a consensus basis However members can request a majority vote on specific issues Agencies with more than one representative in attendance will determine in advance which representative will vote In all cases each member organization has only one vote

4 RESIGNATION Member agencies may resign from the CoC Collaborative Committee by sending a

written communication to CoC staff

5 CO-CHAIRS The CoC Board will appoint co-chairs to facilitate CoC Collaborative Committee meetings based on nominations from the CoC Collaborative Committee One co-chair will represent the public (governmental) sector and the other will represent the private (nongovernmental) sector Co-chairs will serve for two-year terms and may be reappointed by the Board

5 RECRUITMENT AND OUTREACH The CoC Board will publish and disseminate an open invitation at least annually for those within the CoC area to join as new CoC Collaborative Committee members CoC staff will document recruitment efforts The CoC Board will identify and address membership gaps in essential sectors and will recruit so that membership requirements are being met pursuant to 24 CFR part 5787 Outreach will be conducted to obtain representation from the following groups listed in 24 CFR part 5785(a)

a Nonprofit homeless assistance providers b Victim service providers c Faith-based organizations d Governments

Page 69 of 81

6

e Businesses f Advocates g Public housing agencies h School districts i Social service providers j Mental health agencies k Hospitals and health care organizations l Universities m Affordable housing developers n Law enforcement o Organizations that serve veterans p Homeless and formerly homeless individuals and q Other relevant organizations within the CoCrsquos geographic boundaries such as organizations and coalitions that serve unaccompanied youth employment councils substance abuse providers and early learning hubs

E COMMITTEES AND WORKGROUPS 1 STANDING COMMITTEES AND WORKGROUPS The CoC Board will appoint members representing

organizations participating in the CoC Collaborative Committee to the standing committees and workgroups listed in this section as E1 a through d The Board will also designate chairs or co-chairs to facilitate committee or workgroup meetings CoC staff will be assigned to take notes at committee and workgroup meetings and assure that CoC policies and processes are followed CoC staff will also maintain lists of committee and workgroup membership and post the lists to the CoC webpage a PERFORMANCE AND EVALUATION COMMITTEE The Performance and Evaluation Committee shall

review and recommend to the Board the policies timelines and scoring tools for application review and ranking process as part of the Continuum of Care competition for funds The Performance and Evaluation Committee shall also be responsible for monitoring and reviewing CoC-funded projects and general system performance The Performance and Evaluation Committee shall make recommendations to the CoC Board to improve system performance with input from the CoC Collaborative Committee Members of this committee may not have a conflict of interest described in Article III and may not be recipients of HUD funds i The CoC Board will appoint a subcommittee of not fewer than five (5) Performance and

Evaluation Subcommittee members to review and rank project applications during the annual process described in Article IV Section E

ii The Board will strive to appoint subcommittee members who are knowledgeable about homelessness and housing in the region and representative of relevant sectors subpopulations and geographic areas of the region

iii Subcommittee members must have completed conflict of interest forms on file with CoC staff affirming that they are not employees or do not have a business relationship or other conflicts of interest as described in Article III

iv Subcommittee members must be willing to dedicate time for application review and subcommittee meetings during the application process

b COORDINATED ENTRY COMMITTEE The Coordinated Entry Committee creates the policies and

procedures for the CoCrsquos coordinated entry system The committee is also responsible for monitoring the progress of organizations implementing coordinated entry to ensure it is functioning effectively arranging for technical assistance to participating organizations and recommending changes as necessary The committee shall recruit agencies for participation in coordinated entry

Page 70 of 81

7

c HMIS USERS WORKGROUP The HMIS Users Workgroup consists of representatives from organizations using the Homeless Management Information System (HMIS) The workgroup is co-chaired by the HMIS Lead organization or its designee and the HMIS Designated Coordination Entity as described in Article IVB2 The workgroup shall monitor the progress of organizations using HMIS develop strategies for improving HMIS ease of use troubleshoot data reporting and data quality issues and review and make recommendations on HMIS policies and protocols to the HMIS Lead HMIS Coordination Entity and CoC Board

d POINT-IN-TIME COUNT WORKGROUP The Point-in-Time Count workgroup shall work with the

HMIS Coordination Entity named in Section D2 to organize and conduct the Point-in-Time count including recruitment training and support of volunteer outreach workers for the event

2 SPECIAL COMMITTEES AND WORKGROUPS The Board may authorize the formation of special

committees or workgroups as necessary to deal with specific problems or issues as the Board believes appropriate The Board will appoint members to special committees and workgroups These special committees or workgroups will be time limited and be provided a scope of work from the Board Special committees and workgroups will report their findings and recommendations to the Board upon request or upon the conclusion of their work

3 EXECUTIVE COMMITTEE The Executive Committee is composed of the chair vice chair and at least

three additional Board members The committee works closely with staff to guide the work of the CoC Board Committee members may not serve on the Performance and Evaluation Committee Committee responsibilities include the following a Prepare meeting agendas and ensure matters are ready for Board meetings b Act on matters when authority has been delegated by the full Board to do so and c Act on time sensitive administrative matters that require a decision between Board meetings with

notice provided to all Board members prior to taking action and with the action(s) to be ratified at the next Board meeting Time sensitive administrative matters include but are not limited to required municipal state or federal reports and letters of support associated with grant applications Action will not be taken under this subsection if any Board member notifies the Board Chair of the members objection prior to the Executive Committees action on a time sensitive matter

4 APPEALS COMMITTEE The Board may appoint a committee of three (3) Board members to review and

make appeal decisions during the application process described in Article IV Section E Those appointed to the Appeals Committee may not have participated in the rank and review process must have signed conflict of interest forms on file with CoC staff and must affirm upon committee appointment that they do not have conflicts of interest with agencies applying for CoC Program funding In the alternative the Board may also delegate this responsibility to the Executive Committee

Page 71 of 81

8

ARTICLE III CONFLICT OF INTEREST AND CODE OF CONDUCT

NUUM OF CARE GOVERNANC A CONFLICT OF INTEREST

1 GENERAL PROVISIONS A conflict of interest is a situation in which a CoC Board member or one of his or her family members has a personal or financial interest that compromises or could compromise the Board or committee memberrsquos independence of judgment in exercising his or her responsibilities to the CoC It is the position of this CoC that conflicts of interest shall not compromise the CoCrsquos work and that even the appearance of a conflict shall be avoided in all circumstances

2 ADHERENCE TO CONFLICT OF INTEREST POLICY CoC Board and committee members are expected to adhere to the CoC Conflict of Interest Policy which requires the member to minimize conflicts of interest disclose ethical legal financial and other conflicts and remove themselves from decision-making if they would otherwise be called on to act on a conflict involving themselves their family members or entities with which they or their family members are closely associated Under the policy Board members are required to disclose actual or potential conflicts of interest as well as certain relationships and transactions No CoC Board member may participate in or influence discussions or resulting decisions concerning the award of a grant or other financial benefits to the organization that the member represents pursuant to 24 CFR part 57895

3 DEFINITIONS The CoC will assure that Board and committee members acknowledge the federal and state definitions of conflict of interest and are in full compliance with state and federal law a Conflict of Interest definitions aligning with federal statute are

i Conflict of Interest generally means a situation in which a Board member or his or her immediate family member has directly him- or herself or indirectly through another individual or entity a personal or financial interest that compromises or could compromise the Board memberrsquos independence of judgment in exercising his or her responsibilities to the CoC

ii Prohibited Conflict of Interest means a conflict of interest that would prevent a Board member from serving on the Board or participating in any of the Board activities A Board member who has a potential or actual Prohibited Conflict of Interest must resign from the Board Prohibited Conflicts of Interest include CoC compensation and employment loans federal employee status use of CoC equipment facilities assets or staff time for non-CoC purposes and acceptance of gifts gratuities favors or anything of monetary value

iii Issue-Specific Conflict of Interest means a conflict of interest that would prevent a Board member from voting on or being present during the discussion of a specific issue such as votes on contracts and CoC leadership

b Oregon Revised Statutes Chapter 244 defines actual and potential conflict of interests for members

of public bodies No Board or committee member shall participate in a decision in which he or she has a private pecuniary interest Affected members shall disqualify themselves from participation by written notification to the Board as required by ORS 244120

i A potential conflict of interest exists when a Board or committee member takes an action that

reasonably could be expected to have a financial impact on that member a relative or a business with which the member or members relative is associated The member may participate in an action after declaring the potential conflict and announcing its nature

Page 72 of 81

9

ii An actual conflict of interest exists when an action is reasonably certain to result in a special benefit or detriment to the member a relative or a business with which the member or members relative is associated The member will declare the actual conflict and announce its nature The member must then refrain from taking any official action except when the members vote is necessary to achieve a quorum When a vote is necessary to achieve a quorum the member may vote but may not participate in any discussion or debate on the issue out of which the actual conflict arises

4 PENALTIES A Board member who purposefully conceals a conflict of interest refuses to recuse him- or

herself from voting or engages in other conduct that violates the CoC Conflict of Interest policy will be subject to removal from the Board

5 ANNUAL DECLARATION Board and committee members are to annually receive a copy of the CoC Conflict of Interest Policy sign the CoCrsquos Conflict of Interest form and submit the form to CoC staff

B B CODE OF CONDUCT 1 GENERAL PROVISIONS CoC members are expected to observe the highest standards of ethical conduct

in the execution of their responsibilities to conduct themselves with courtesy and respect and to refrain from harassment intimidation discrimination and physical or verbal abuse

2 CONFIDENTIALITY CoC members must respect and maintain the confidentiality of sensitive information

they may gain from their association with the CoC This may include personal information about community members experiencing homelessness

3 RESPONSIBILITY AND INTEGRITY In the performance of their duties CoC members are expected to carry out CoC duties to the best of their abilities and to maintain the highest standards of integrity for actions with other CoC members including CoC Board members service providers service recipients and members of the general public CoC Board and committee members shall put forth honest effort in the performance of their duties to advance the CoCrsquos mission exercising sufficient control and supervision over matters for which they are individually responsible and should not do anything to bring the full CoC or its members into disrepute

4 MISUSE OF POSITION Misuse of position is prohibited A CoC member must not use his or her position with the CoC for personal gain or for the benefit of family or friends

5 COMMUNICATIONS CoC members shall make clear when communicating publicly or with the media whether they are speaking in their own name on behalf of their agency or organization or on behalf of the CoC if the CoC Board has empowered them to speak on the CoCrsquos behalf

6 WASTE FRAUD AND ABUSE CoC members shall disclose waste fraud abuse and corruption in the operation of the Continuum of Care to appropriate authorities

7 EQUAL OPPORTUNITY CoC Board members shall adhere to laws and regulations that provide equal opportunity for all people regardless of race color religion gender identity national origin ethnicity sexual orientation age or disability

Page 73 of 81

10

8 PENALTIES This Code of Conduct will be distributed annually to CoC members Members in violation of any portion of this Code of Conduct will be subject to disciplinary action which could include immediate termination from the CoC Board or CoC committees

9 ANNUAL DECLARATION Board members are to annually receive a copy of the Code of Conduct acknowledge receipt by signing a form and submit a copy of the signed form to CoC staff

O ARTICLE II CONTINUUM FCARE GOVERNANCE STRUCTURE

ARTICLE IV OPERATING THE CONTINUUM OF CARE

A CoC RESPONSIBILITIES The CoC Board is responsible for assuring that the following responsibilities are accomplished with broad participation from CoC stakeholders

1 Hold meetings of the full membership with published agendas at least semi-annually pursuant to 24 CFR part 5787(a)(1)

2 Make an invitation for new members to join the CoC publicly available within the geographic area at least annually pursuant to 24 CFR part 5787(a)(2)

3 Adopt and follow a written process to select a board to act on behalf of the CoC The process must be reviewed updated and approved by the CoC at least once every five (5) years pursuant to 24 CFR part 5787(a)(3)

4 Appoint additional committees subcommittees or workgroups pursuant to 24 CFR part 5787(a)(4)

5 In consultation with the Collaborative Applicant and HMIS Lead develop follow and update annually a governance charter which will include all procedures and policies needed to comply with Subpart B of part 5787 and with HMIS requirements as prescribed by HUD and a code of conduct and recusal process for the board its chair(s) and any person acting on behalf of the board pursuant to 24 CFR part 5787(a)(5)

6 Consult with recipients and subrecipients to establish performance targets appropriate for population and program type monitor recipient and subrecipient performance evaluate outcomes and take action against poor performers pursuant to 24 CFR part 5787(a)(6)

7 Evaluate outcomes of projects funded under the Emergency Solutions Grants (ESG) program and the CoC program and report to HUD pursuant to 24 CFR part 5787(a)(7)

8 In consultation with recipients of Emergency Solutions Grants program funds within the geographic area establish and operate either a centralized or coordinated assessment system that provides an initial comprehensive assessment of the needs of individuals for housing and services The CoC must develop a specific policy to guide the operation of the centralized or coordinated assessment system on how its system will address the needs of individuals and families who are fleeing or attempting to flee domestic violence dating violence sexual assault or stalking but who are seeking shelter or services from nonvictim service providers This requirement along with requirements established by HUD by notice is pursuant to 24 CFR part 5787(a)(8)

Page 74 of 81

11

9 In consultation with recipients of Emergency Solutions Grants program funds within the geographic

area establish and consistently follow written standards for providing CoC assistance as further described in 24 CFR part 5787(a)(9)

10 Designate and operate a single Homeless Management Information System (HMIS) for the geographic area including designating a single system and an HMIS lead reviewing revising and approving a privacy plan security plan and data quality plan for the HMIS ensuring consistent participation of recipients and subrecipients in the HMIS and ensuring that the HMIS is administered in compliance with HUD requirements pursuant to 24 CFR part 5787(b)

11 Develop a CoC plan that includes coordinating the implementation of a housing and service system that meets the needs of homeless individuals including unaccompanied youth and families The system shall include at a minimum outreach engagement assessment shelter housing supportive services and prevention strategies pursuant to 24 CFR part 5787(c)(1)

12 Plan for and conduct at least biennially a Point-in-Time Count of homeless persons within the geographic area as described in 24 CFR part 5787(c)(2)

13 Conduct an annual gaps analysis of the homeless needs and services available within the geographic area pursuant to 24 CFR part 5787(c)(3)

14 Provide information required to complete the Consolidated Plan(s) within the CoCrsquos geographic area pursuant to 24 CFR part 5787(c)(4)

15 Consult with state and local government Emergency Solutions Grants program recipients within the CoCrsquos geographic area on the plan for allocating Emergency Solutions Grants program funds and reporting on and evaluating the performance of Emergency Solutions Grants program recipients and subrecipients pursuant to 24 CFR part 5787(c)(5)

16 Prepare an application for funds that includes a collaborative process in response to a Notice of Funding Availability (NOFA) published by HUD under 24 CFR part 57819

17 OF THE COC AND THE COC BOARD

B CoC REPORTS The CoC Board shall approve the following reports and documents prior to releasing such reports and documents to the community

1 CoC Program Project Priority List 2 Inventory of Homeless Services 3 Annual or Biennial Point-in-Time Count Report 4 Housing Inventory Chart 5 Longitudinal Systems Analysis (LSA) and 6 Homeless Coordinated Entry System Report

Page 75 of 81

12

C CoC CORRECTIVE ACTIONS PROCESS 1 ANNUAL PROGRAM REVIEW CoC funded programs or projects will be reviewed by the Performance

and Evaluation Committee annually with findings reported to the CoC Board 2 RESPONSES TO IMPROVE PROGRAM PERFORMANCE

a Should the Board determine that a program is not meeting established performance measures staff will notify the program or project in writing The organization overseeing the program or project will have the opportunity to provide additional performance information within 30 days of receipt of the CoC notification

b If the program or projectrsquos performance is related to certain items as determined by the CoC Board such as late Annual Performance Report submissions unused funding low utilization low exits to permanent housing low scores on income measures or alignment of program participation with wait list protocols the CoC Board may place a program on probation to improve its performance

c During the probationary period the CoC will enter into a Performance Improvement Agreement with the program or project needing improvement listing specific expectations and timeline

d CoC staff will facilitate technical assistance as needed and available as part of the Performance Improvement Agreement The organization overseeing the program or project is responsible for requesting specific assistance in low-scoring performance areas and requesting clarifications from the CoC about performance measures and expectations

e The length of the probationary period will be proposed by the Performance and Evaluation Committee negotiated by CoC staff and approved by the CoC Board Extensions may be requested for extenuating circumstances and are subject to Board approval If the program or project does not fulfill the agreed-upon expectations included in the Performance Improvement Agreement the Board may reduce funding or ranking may reject future applications from that program or project for HUD CoC Program funds or other remedies approved by HUD

D DESIGNATING AND OPERATING A HOMELESS MANAGEMENT INFORMATION SYSTEM

1 HMIS PURPOSE The primary purpose of the CoCrsquos Homeless Management Information System (HMIS) is to aggregate data on homelessness across Marion and Polk counties to accurately describe the regionrsquos scope and evaluate the effectiveness of efforts to reduce and end homelessness The CoC uses HMIS to a Understand the characteristics and service needs of homeless people b Analyze how homeless people use services c Evaluate program effectiveness and outcomes d Improve access to and delivery of services for people experiencing homelessness and e Strengthen community planning and resource allocation

2 DESIGNATED HMIS ROLES Oregon Housing amp Community Services (OHCS) is designated as the HMIS Lead AgencyAdministrator Portland Housing Bureau is the vendor that provides the licensed software for the HMIS system Mid-Willamette Community Action Agency is designated as the CoC regionrsquos HMIS Coordination Entity designated by the HMIS Lead to coordinate data collection and data analysis for the region The CoC Board oversees the work of the HMIS partners

3 HMIS DECISIONMAKING AUTHORITY HMIS decisions which affect local CoC operations are made by the

HMIS Administrator in consultation with the HMIS Users Workgroup and HMIS Coordination Entity HMIS decisions which affect CoCs participating in statewide HMIS implementation will be made by the Northwest Social Services Connections Committee with representation from each CoC in Oregon The

Page 76 of 81

13

HMIS Lead will keep CoC staff informed of issues and decisions and will provide a summary of key decisions to the CoC Board at least annually

4 HMIS LEAD RESPONSIBILITIES Oregon Housing amp Community Services as HMIS Lead works closely with

the CoC and is responsible for maintaining the CoCrsquos HMIS system in compliance with HUD standards OHCS is responsible for coordinating the following activities a Providing operation security maintenance system auditing and technical support of HMIS central

hardware software and connectivity b Executing a written HMIS Participation Agreement with each Contributing HMIS Organization (CHO)

which includes the role obligations and authority of the HMIS Lead and the organization and requirements to comply with security privacy and data quality plans

c Setting up and managing user accounts access levels and passwords d Providing technical and user support for HMIS software including agency account set-up system

monitoring and testing problem diagnosis and resolution and routine software and information maintenance

e Providing and coordinating ongoing training and technical support for the system f Ensuring consistent HMIS participation by CoC and Emergency Shelter Grant (ESG)recipients and

subrecipients g Maintaining and updating a Privacy Plan Security Plan and Data Quality Plan h Ensuring the accuracy of data including regularly assessing that all participating agencies are

accurately and comprehensively capturing participant entry and exit dates and providing technical assistance to correct data quality challenges

i Coordinating regular end user meetings ie HMIS Users Workgroup meetings to discuss software updates data entry report writing and system management issues

j Serving as point of contact for end user questions and concerns k Assessing compliance with the CoCrsquos HMIS Policies and Procedures Manual l Maintaining contact with the software product developer to ensure consistent and uniform

communication among product support personnel and the community m Generating information on the communityrsquos homeless and housing situation for community

planning advocacy and funder reporting requirements n Assisting end users in the creation of custom reports and queries o Providing regular aggregate data reports to participating agencies CoC staff and the CoC Board p Reviewing and implementing product upgrades q Completing the Annual Homeless Assessment Report r Conducting regular data quality checks and providing reports to the CoC Board and s Serving as the applicant to HUD for grant funds to be used for HMIS activities for the CoCrsquos

geographic area as approved by the CoC Board

5 PROVIDER PARTICIPATION Any organization within the CoC geographic region that receives Continuum of Care Program and Emergency Solutions Grant (ESG) funds must participate in HMIS as a Contributing HMIS Organization (CHO) In addition the CoC encourages all providers of services to homeless individuals and families within the CoC geographic area regardless of whether they receive CoC or ESG funds to become a CHO and include their data in HMIS

6 HMIS MANUAL To ensure compliance with HUD requirements the HMIS Lead in collaboration with the

HMIS Coordination Entity HMIS Users Workgroup and other stakeholders is responsible for developing and annually reviewing and updating the CoCrsquos HMIS Policies amp Procedures Manual The manual provides the framework for the ongoing operations of the HMIS system It includes the CoCrsquos privacy data quality and security plans for the HMIS system At any time the HMIS Lead HMIS Coordination Entity HMIS Users Workgroup or CoC Collaborative Committee may identify elements of policies or

Page 77 of 81

14

procedures or other HMIS-related plans that need to be revised Recommendations for revisions are to be submitted to the HMIS Lead The HMIS Lead will present the HMIS Policies amp Procedures Manual to the CoC Board annually or more frequently if significant substantive changes are proposed

E PREPARING AN APPLICATION FOR FUNDS 1 PURPOSE A major function of the Continuum of Care is to prepare and oversee the applications for CoC

funds administered by HUD under the McKinney-Vento Homeless Assistance Act The CoC Program is designed to assist individuals and families experiencing homelessness and to provide the services needed to help them move into housing with the goal of long-term stability The CoC Program funds important housing and services programs such as permanent housing (including permanent supportive housing and rapid re-housing) transitional housing and supportive services programs HUD CoC Program funds are granted annually based on a national competition following the release a Notice of Funding Availability (NOFA) Recipients of Emergency Solutions Grant funds another homeless assistance grant administered under the McKinney-Vento Act are required by HUD to coordinate with the CoC The CoC addresses that requirement through coordinating with the ESG review and ranking process and ESG scoring tool development

2 COLLABORATIVE APPLICANT The Mid-Willamette Valley Council of Governments (COG) is designated as

the CoC Collaborative Applicant and is responsible for leading and supporting all aspects of the annual HUD CoC NOFA application process including submission of the Consolidated Application

3 PROJECT REVIEW PROCESS

a Immediately after HUDrsquos Continuum of Care Program NOFA is released the Collaborative Applicant will coordinate and carry out the activities needed to successfully submit a Consolidated Application on behalf of the CoC

b Tasks required for project review in preparation for NOFA submission include the following

i Prior to the NOFA release the Collaborative Applicant will develop a draft timeline for the NOFA process and design scoring tools and any corresponding local application materials to assist in the review and ranking of renewal and new project applicants Review and ranking materials will take into consideration both local and HUD priorities

ii Scoring tools and the draft timeline will be reviewed by the Performance and Evaluation Committee and recommended to the CoC Board for approval

iii Upon publication of the NOFA the Collaborative Applicant will schedule and publicize a date and time for a Technical Assistance Workshop and finalize the timeline and priorities for the NOFA process

iv Applicants may participate in the Technical Assistance Workshop At the workshop the Collaborative Applicant will present an overview of the NOFA and the process for reviewing and ranking applications The orientation will describe HUD application requirements supplemental local application materials the scoring tool and applicable deadlines and dates Applicants will also have an opportunity to ask questions The CoCrsquos NOFA timeline and application materials will be posted in the CoC webpage

v Applicants will complete and submit application materials by the established deadline vi Late applications will not be accepted vii As an exception to Article IVD3bvi applicants with significant extenuating circumstances may

submit a petition to CoC staff for an extension Extensions require the approval of the CoC Board or the CoC Executive Committee if delegated the authority for this purpose by the Board It is anticipated that exceptions will be granted in very rare circumstances and not applied in

Page 78 of 81

15

situations where advance planning could have resulted in the application being submitted timely

viii Incomplete applications cannot be supplemented with more information or materials to reach a level of completeness once submitted to the CoC for review and ranking but must be completed prior to HUD submission if selected for funding

ix A subcommittee of the Performance and Evaluation Committee is appointed by the CoC Board to review and rank project applications as described in Article II Section E Subcommittee members receive and review application and scoring materials prior to the subcommittee meeting in preparation to score each programrsquos application

x The subcommittee of the Performance and Evaluation Committee meets to jointly discuss and critique each application and may interview applicants as part of the meeting If applicant interviews are included in the review process all applicants must have the opportunity for an interview After discussion and any applicant interviews subcommittee members individually score applications based on the scoring tools

xi A preliminary ranked list is created by the following procedures (a) A ranked list is prepared based on a composite of raw scores for each application (b) Applications that do not meet certain threshold requirements as detailed on the scoring

tool will not be included on the ranked list (c) If the NOFA makes available bonus funds in a program area the highest scoring eligible

projects will be designated for bonus funding in those relevant program areas xii The CoCrsquos goals for priority funding are to promote high-performing projects in alignment with

community and federal priorities Scoring tools will reflect the communityrsquos implementation of local and federal priorities as determined by the CoC Board

xiii Scores and subcommittee feedback on applications are sent to applicants along with a reminder of the appeals process and deadline by the established deadline

4 REALLOCATION OF FUNDS HUD encourages CoCs to reallocate funds from projects with substandard

performance to higher priority community needs that also align with HUD priorities and goals Prior to the release of the NOFA the Performance and Evaluation Committee facilitates a reallocation discussion in consultation with the CoC Collaborative Committee and CoC Board Scenarios for potential reallocation decisions based on the CoCrsquos gaps analysis and strategic plan are provided to the Performance and Evaluation Subcommittee to consider during the ranking process Final reallocation decisions are approved by the CoC Board

5 APPEALS a APPEALS COMMITTEE As described in Article II Section E appeals are considered by the Appeals

Committee or Executive Committee as designated by CoC Board The Appeals Committee will be established only if an applicant requests an appeal

b ELIGIBILITY TO APPEAL Eligible applicants have the opportunity to appeal both their scores and

preliminary rankings prior to the ranked list being finalized and approved by the CoC Board i The following applicants are eligible to appeal

(a) An applicant that receives less funding than applied for (b) An applicant that is ranked below Tier 1 (c) An applicant that is ranked in the bottom third of Tier 1 (d) An applicant that believes its score is not reflective of the application information provided

or (e) An applicant that can describe bias or unfairness in the process that warrants the appeal

ii Applicants that have not met the threshold requirements are not eligible to appeal

Page 79 of 81

16

c APPEALS PROCESS i Appeals must be received in writing with supporting documentation by the established

deadline ii Notices of appeal must be based on the information submitted by the application deadline No

additional or new information will be considered iii The notice of appeal must include a written statement specifying in detail the grounds and

rationale asserted for the appeal iv Valid appeals will be read reviewed and evaluated by the Appeals Committee that will meet to

consider and deliberate appeals based on the applicantrsquos appeal statement and the application materials that the applicant originally submitted to the CoC

v The Appeals Committee will make modifications to the preliminary list based on the results of the appeals process Appeals Committee decisions must be supported by a 23 majority vote

vi The appealing agency will receive a written decision of the Appeals Committee within two (2) business days of the Appeals Committee meeting

vii Appeals Committee decisions result in the final prioritized list submitted for approval to the CoC Board

6 FINAL PRIORITIZED LIST OF APPLICATIONS

a A final ranked project list is submitted to the CoC Board for review and approval after appeals have been determined and the Appeals Committee has made any modifications to the preliminary prioritized list Any Board member with a conflict of interest must recuse himself or herself from all related discussions and abstain from voting on the final priority list As stated in Article II Section A and Article III Board members with conflicts of interest are subject to removal from the Board

b The Collaborative Applicant submits the CoCrsquos approved Consolidated Application to HUD prior to the HUD NOFA deadline

c Conditional award funding is typically based upon the prioritized list of Project Applicants that is submitted however actual awards and award amounts are determined by HUD

ARTICLE V CHARTER AMENDMENTS

1 PROCESS This governance charter may be amended at any CoC Board meeting by a 23 majority vote of the appointed voting Board membership Copies of proposed amendments will be available for review at least one week prior to the Board meeting at which the proposed amendments are considered The Board will seek prior review and recommendation by the CoC Collaborative Committee of any amendments to the charter unless circumstances require an immediate change In the latter situation CoC staff will provide an explanation of the circumstances and provide opportunity for comments and input prior to and as part of the Board meeting

2 FREQUENCY OF REVIEW The CoC Collaborative Committee and Board will review this charter annually

Page 80 of 81

PENDING CITY COUNCIL AGENDA ITEMS 04092020

APRIL 14 2020 - 630 PM APRIL 28 2020 - 630 PM

Agenda items due 1000 am 040920 Agenda items due 1000 am 042320

raquo Hearing amp ord Code changes (comm stds) (Fred)

raquo OLCC appl - The Tap Station (Hedlund) raquo Ordinance - code changes (HPC)

raquo Cherriotts Bus Stop Parking (Kie) raquo Liquor licensing policy

raquo Homeless Alliance IGA (Tom) raquo Alcohol concessions contract (Tom)

raquo AXON contract (Bob) raquo Event Center contract (TomShawn)

raquo Res 1526 USDA grant application (Shawn) raquo Info Report 3Q Finance Report (Gloria)

raquo raquo F Street Design RFP Selection (Kie)

raquo raquoraquo raquo MinutesNotesPACTracking Log

raquo raquo Liaison Reports MINET Park amp Rec

raquo MinutesNotesPACTracking Log and Planning

+ Urban Renewal Agency if needed + Urban Renewal Agency if neededMAY 12 2020 - 630 PM MAY 26 2020 - 630 PM

Agenda items due 1000 am 050720 Agenda items due 1000 am 052120

raquo Parking ordinance update review raquoraquo Arbor Day proclamation raquoraquo TSP Consultant presentation raquoraquo Museum presentation (Carly) raquoraquo Lot 7 DDA (ShawnTom) raquoraquo raquo MinutesNotesPACTracking Log

raquo raquo Liaison Reports Library WIMPEG

raquo MinutesNotesPACTracking Log and Museum Commission

+ Urban Renewal Agency if needed + Urban Renewal Agency if neededJUNE 9 2020 - 630 PM JUNE 23 2020 - 630 PM

Agenda items due 1000 am 060420 Agenda items due 1000 am 061820

raquo raquo Budget Adoption

raquo raquoraquo raquoraquo raquoraquo raquoraquo raquo MinutesNotesPACTracking Log

raquo raquo Liaison Reports Traffic Safety Historic Preservation

raquo MinutesNotesPACTracking Log and Independence Days

+ Urban Renewal Agency if needed + Urban Renewal Agency if neededFuture Items City Council LiaisonsIndpMonm IGA re MINET (City Mgr) Historic Preservation Commission Councilor Takacs2019 Transportation financing discussion (unf bsn) Hop amp Heritage Block Party Councilor CorrDuplex ADU worksession HPC worksession Independence Days Commission Councilor CorrJan 2021 - 9th St Sewer projects bid award (kie) Library Board Councilor MortonOverlay project award (Winter 2020) (Kie) MINET Councilor HicksF St Construction Award Museum Advisory Board Councilor MortonHoffmanGun club intersection project (wk ssn) (Kie) Parks amp Rec Committee Councilor Martin-WillisPublic Hearing LA-04-2018 (HPC code update) (Fred) Planning Commission Councilor Martin-WillisOnstreet parking regulations (BobTom) Traffic Safety Commission Councilor TakacsSidewalk program (KieShawnTom) WIMPEG Councilor Ranstrom-Smith(IMC) update Building Codes provisions

Budget MeetingsMar 25 Budget Committee Orientation (rescheduling TBA)May 6th Budget CommitteeMay 13th Budget CommitteeMay 20th Budget Committee (if needed)June 23rd Council - Budget Adoption

Page 81 of 81

  • Agenda
  • 31 March 24 2020
  • 61 Council Action Memo
  • 61 Cherriots Presentation
  • 71 Council Action Memo
  • 71 Tap Station OLCC application
  • 72 Council Action Memo
  • 72 AXON Proposal
  • 73 Council Action Memo
  • 73 Resolution 20-1526
  • 74 Council Action Memo
  • 74 Interim IGA
  • 74 COG Scope of Work
  • 74 MWHA Governance Charter
  • 91 04-09-2020
Page 5: City of Independence

Page 3 of 7 City Council Minutes 03-24-2020

alone This is a time when we will define our community state and nation this is a new time and how we deal with this makes a huge difference

He is confident that we will overcome this ndash things will get better it may take weeks or months but it will happen Please do your part to make our community a safe place and a healthy place because we are going to come back on the other side of this because we live in Independence and good things are going to happen here

52 City Manager He noted that we are not broadcasting live we donrsquot want to overwhelm our systems We do not have expensive broadcasting routers and such that could handle this for now we are recording the meeting and will post it online We are looking for live stream options at future meetings

We know that many small businesses are barely holding on residents are living paycheck to paycheck and perhaps no paycheck in the immediate future We know we will have to change our policies to help our residents through these unprecedented times Wants people to know that this Council and the city cares about its residents and we are doing what we can to work through this challenging time together Together we will get through this and Independence will remain an amazing place to live work and play

Managerrsquos report On Saturday March 14th only ten days ago we had special meeting went

through the Vision 2040 statements It was a great exercise and it puts the finishing touches on the plan with some great ideas for moving forward Couldnrsquot do the priorities setting afterward he appreciates council indulgence so that he could spend time with management staff to meet regarding our Covid-19 response

Working 7 daysweek regarding city operations We are in a good place with all employees working and have modified nearly every operational procedure

We continue taking the lead from Centers for Disease Control Oregon Health Authority and the Oregon Governor and we are staying in our lane supporting our community and the residents we serve

Status of city facilities City hall is closed to the public as of tomorrow Staff is available via

telephone or online A drop box will be placed in the lobby for residents Police dept visitors by appointment only Any non-emergency calls will be

taken over the phone Municipal court arraignments are canceled to May The library is closed to the public The museum is closed The boaterbiker campground is closed Playgrounds are closed Signs have been put up signs to remind all to use social distancing in all

parks All events are closed at city hall The building department is working doing as much digitally as we can we

are looking at ways to do inspections etc

Page 5 of 81

Page 4 of 7 City Council Minutes 03-24-2020

Employees are taking many precautions social distancing is observed and a policy has been set Staff is telecommuting as much as possible

Communications Have appointed Sgt Lyle Gilbert as PIO he has had training for this We are going to be working with our local partners to get information out as much as we can Working on the website getting multiple pages available The website will always have the most current information

The Spanish-version website went live tonight We continue to work collaboratively with information releases Small businesses ndash take-out is available and we need to support them now

more than ever The hotel is open people are using it for their remote office Looking at potentially standing up the Emergency Operations Center The Vision 2040 meeting was a good diversion for all of us Advice is that even

in the worst times work on projects for the future something constructive The City continues toward a bright future

Councilor Morton asked if there was a moratorium on water shutoffs Pessemier said yes that we have committed to this to the beginning of May and will extend it as needed Also we will not apply late fees

6 UNFINISHED BUSINESS None

7 NEW BUSINESS71 Bid Award ndash Sunset Park Public Works Director Cottam summarized the Council memo as submitted in the agenda packet Staff is requesting the authority to award the contract for services for Sunset Park to the low bidder KampE Excavation in the amount of $9258000

ACTIONCouncilor Martin-Willis moved to award the contract for services for Sunset Park to KampE Excavation for $92580 and an allowance of $9258 for contingency and authorize the City Manager to execute the necessary contract documents Councilor Morton seconded Motion passed 5-0-0 AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

72 Bond Refinancing Finance Director Butsch summarized the Council memo as submitted in the agenda packet This would authorize the City Manager or designee to proceed with bond refunding of the MINET 2010 A and 2017 B bonds and SPWF Hoffman Rd loan when savings become beneficial to the city She noted there is some proposed legislation to help local governments lift moratorium on advance refundings if it happens it would give us a few more opportunities Discussion of motion Pessemier noted that formal council action would be needed this would enable staff to move quickly

ACTION Councilor Morton moved to authorize the City Manager or designee to proceed with refunding of any applicable bonds and loans when the market stabilizes and refunding provides sufficient savings Councilor Takacs seconded Motion passed 5-0-0

Page 6 of 81

Page 5 of 7 City Council Minutes 03-24-2020

AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

73 Release of Easement City Manager Pessemier summarized the Council memo as submitted in the agenda packet This would release an existing utility easement granted to the city as part of the Independence Landing project a new easement has been provided

ACTIONCouncilor Corr moved to declare the Public Utility Easement dated November 21 2018 and recorded December 6 2018 Instrument No 2018-014074 as abandoned and no longer in use by the City and authorize the City Manager to execute any documents necessary to release this easement in an executed and recorded Release of Easement Councilor Ranstrom-Smith seconded Motion passed 5-0-0 AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

74 Resolution 20-1524 Authorizing Grant Application Economic Development Director Irvine summarized the Council memo as submitted in the agenda packet This is for a grant application from the Oregon Parks amp Recreation Department for redevelopment of Riverview Park Proposing to utilize SDC funds for grant match

ACTIONCouncilor Ranstrom-Smith moved to approve resolution 20-1524 Authorizing a Grant Application to Oregon Parks amp Recreation Department Councilor Morton seconded Motion passed 5-0-0 AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

75 Resolution 20-1525 Authorizing Grant Application Economic Development Director Irvine summarized the Council memo as submitted in the agenda packet This is for a grant application from the Oregon Land amp Water Conservation Fund for redevelopment of Riverview Park Proposing to utilize SDC funds for grant match

ACTIONCouncilor Martin-Willis moved to approve Resolution 20-1525 Authorizing Application for a Local Government Grant from the Oregon Land amp Water Conservation Fund Councilor Takacs seconded Motion passed 5-0-0 AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

76 Council Bill 2020-02 Amends Independence Development Code File No LA-2019-04 Planner Evander summarized the Council memo as submitted in the agenda packet Staff is submitting the legislation that would amend the Independence Development Code as approved at the public hearing for Legislative Amendment

Page 7 of 81

Page 6 of 7 City Council Minutes 03-24-2020

LA-2019-04 at public hearing on February 25th

ACTION1st MOTION Councilor Morton moved to read the proposed Ordinance Council Bill 2020-02 in full as the text is contained in the Council packet for the first time Councilor Takacs seconded Motion passed 5-0-0 AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

City Recorder Johnson read the ordinance title

2nd MOTION Councilor Martin-Willis moved to read the proposed Ordinance Council Bill 2020-02 for the second time by title only Councilor Ranstrom-Smith seconded Motion passed 5-0-0 AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

City Recorder Johnson read the ordinance title

3rd MOTION Councilor Martin-Willis moved to adopt the proposed Ordinance Council Bill 2020-02 Councilor Takacs seconded Motion passed 5-0-0 AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

City Recorder Johnson announced the bill passed and will be assigned ordinance number 1576

Councilor Martin-Willis thanked Evander for his diligent and persistent work on this project

Mayor McArdle thanked staff for putting this meeting together appreciates all city staff to keep us moving forward

8 COUNCIL ANNOUNCEMENTS None

9 GENERAL INFORMATION Items submitted in the packet are for information only no action was required by city council

10 ADJOURN There being no further business to come before the council Councilor

Page 8 of 81

Page 7 of 7 City Council Minutes 03-24-2020

Martin-Willis moved to adjourn motion passed 5-0-0 AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

Meeting adjourned 719 pm

__________________________________MAYOR JOHN McARDLE

ATTEST

____________________________________Karin Johnson MMC City Recorder

Page 9 of 81

Page 10 of 81

555 South Main Street Post Office Box 7 Independence OR 97351

Phone 503838-1212 Fax 503606-3282 email kcottamciindependenceorus

[ ] Information Only [ X ] Action Requested

Statement of IssueStaff is requesting the authority to allow Cherriots Public Transportation services to install 12 new bus stops in Independence

BackgroundCherriots has made 2 previous presentations to council for new bus route and service one in June 2019 and one this year on February 25th Today is the final presentation and request for installation of 12 new bus stops

DiscussionThe city has committed to improving public transportation with several partners Cherriots Public Transportation is an important link to our neighboring cites in Polk County This new service will enter neighborhoods frequently to provide transportation alternatives We are asking council for permission to install yellow curb at these stops approximately 50rsquo is needed for the bus to safely load and unload riders That is the equivalent of 2 parking spaces per stop The stops were placed with taking the minimal amount of parking in mind Both the Public Works Dept and Police Dept inspected and approved every stop proposed We estimate that fewer than 16 parking spots will be needed city wide

Fiscal ImpactCherriots will install and paint the curbs yellow the city will then maintain the stops from the transportation dept funds I do not have an exact amount for maintaining the stops however impact will be minimal

Options1 Approval to allow Cherriots Public Transportation Services to install 12 new bus stops in Independence 2 Defer action requesting additional information3 Deny request

CITY OF INDEPENDENCEPUBLIC WORKS MEMORANDUM

TO Mayor and City Council FROM Kie CottamMEETING DATE 04092020

SUBJECT Cherriots Bus Route 45

Page 11 of 81

555 South Main Street Post Office Box 7 Independence OR 97351

Phone 503838-1212 Fax 503606-3282 email kcottamciindependenceorus

RecommendationSuggested MotionStaff recommends Option 1

Suggested Motion ldquoI move to authorize Cherriots Public Transportation Services to install 12 new bus stops in Independence at the locations as provided by Cherriots staffrdquo

AttachmentsA Cherriots Presentation

Memo prepared by Kie Cottam PW Director

Page 12 of 81

492020

1 1

Route 45 Bus Stop Parking RemovalsIndependence City Council Meetingndash April 14 2020By Ted Stonecliffe Transit Planner II

2

Introductionbull Public outreach completedbull Purpose of bus stop parking removal requestbull Responses to neighbor concernsbull Vehicle typebull Locations of bus stops proposedbull Next stepsbull Conclusionsbull Questions and answers

1

2

Page 13 of 81

492020

1 2

3

Public outreach completed

Public surveybull Conducted in-person outreach events and a six-week online

survey in Summer 2019City council appearances

bull June 2019 February 2020 April 2020

Property owners adjacent to new stopsbull Sent letters certified return receipt USPS mail to each

adjacent property ownerbull Door hangers placed on 160 doors in vicinity of on-street

parking removals and new bus stopsbull Website with all the details cherriotsorgNewRoute45

4

Purpose of bus stop parking removalsbull Buses must have direct access to the curb in order to

loadunload passengers safely especially in mobility devicesbull In order to comply with the Americans with Disabilities Act

(ADA)

Responses to concerns

bull Worked with neighbors on 4th Street to find a better southbound bus stop location

bull Eliminated northbound bus stop on 13th Street in response to neighbor complaint

bull Minimizing parking removals for E Street due to heavy on-street parking occupancy

3

4

Page 14 of 81

492020

1 3

5

Vehicle typebull 25-ft long 14 seats wheelchair lift-equippedbull Needs 50 feet of parking removed at each location

6

Route 45 bus stop locations in Independence (12 new 4 existing)

Monmouth Independence

5

6

Page 15 of 81

492020

1 4

7

Website examples of parking removals

E Street (between 10th and 11th ) Main Street Oak Street

8

Next Stepsbull Seek approval for stops and no-parking zones from three cities ndash

April amp May

bull Release bid package to potential contractors ndash June or July

bull Begin marketing new service at least 30 days in advance of launch

bull Install new stop poles amp signs ndash August

bull Launch new service September 2020

bull Continue marketing new service actively in September

7

8

Page 16 of 81

492020

1 5

9

Conclusionsbull Public outreach allowed public to weigh in on service

design and bus stop locationsbull Property owners have been notified of pending parking

removals by the citybull Removal of parking is necessary for the safety of the riding

public and to comply with the ADAbull Worked with community members and city public works

department to develop final planbull Request for parking removals for bus stops will come from

public works department (Kie Cottam)

10

Questions

9

10

Page 17 of 81

492020

1 6

11

11

Page 18 of 81

CITY OF INDEPENDENCE OREGONMEMORANDUM

TO Honorable Mayor and City Council

FROM Tom Pessemier City Manager

SUBJECT New Establishment Liquor License Applicant

DATE April 9 2020

Action Requested X Information Only

Statement of Issue

The Tap Station LLC DBA The Tap Station located at 87 N Main St has made an application with the Oregon Liquor Control Commission for Additional Privilege This license would allow the licensee to sell wine malt beverages and ciders for Off-Premises Consumption This application is submitted as a result of the recent restrictions put into place for licensed establishments regarding COVID-19 The additional license would allow The Tap Station to selldeliver their products to the consumer for off-premises consumption I have spoken to the OLCC regarding this and they are currently seeing a large increase in these applications and as a result are granting 90-day temporary authority at application with a requirement for follow-up reviewrecommendation by the local authority prior to final decisions or issuance

Background

In 1992 our City adopted resolution 881 which establishes criteria for screening liquor license applications The police department was assigned the task to do initial reviews of each liquor license application The police department then completes a staff report on those findings for the City Council review

Analysis

I have conducted a background investigation for The Tap Station as well as Christopher Ream and did not locate any issues I believe would hinder his operation of this business Christopher has owned and operated The Tap Station since he took over its ownership in the middle of 2019 with no issues or calls for service related to alcohol at the establishment

Fiscal Impact

Page 19 of 81

As of this date I do not know if the fees for this application have been paid

Options

1 Council may recommend approval for this establishment pending the payment of all city fees

2 Council may recommend denying the license for this establishment if reasonable grounds can be established

3 Council may impose an option of its own choosing

Recommended Motion

Option 1 I move to recommend approval of the above liquor license request pending payment of all fees

Attachments

Liquor license application for Additional Privilege

Memo Prepared by

Sergeant Justin Hedlund 46248

Page 20 of 81

reg Read ImportantOregon law requires that every applicant for a liquorlicense obtain a written recommendationfrom the governing body of the county if the place of business of the applicant is outside theincorporated city or from the city councilif the place of business of the applicant is within anincorporated city You must take the attached a lication forms to the a ro riategoverning body After the endorsement process is completed a representative from the city orcounty willcontact you to pick up the application You may deliver the application to the OLCCoffice or retain it until it is requested by the license investigator

Oregon Liquor Control Commission200 Hawthorne Avenue SE Suite Bmdash210Salem OR 97301

Questions Call (503) 378-4871

Page 21 of 81

OREGON LIQUORCONTROLCOMMISSION

LIQUORLICENSEAPPLICATION1 Application Do not includeany OLCCfees with your application packet (the licensefee willbe collected at a latertime) Application is being madefor

LicenseApplied For CITYAND COUNTYUSEONLYBrewery 1st LocationBrewery 2nd LocationBrewery 3rd Location

BrewerymdashPublicHouse 1st LocationBrewery-Public House Znd LocationBrewerymdashFublicHouse 3rd LocationDistillery

Date application received andordate stamp

Name of City or County

FullOn~Premises CommercialFullOnmdashPremisesCatererFull OnmdashPremisesPassenger Carrier

FullOn~Premises Other Public LocationFullOnmdashPremisesFor Profit Private Club

Recommends this license be

III Granted D Denied

FullOnmdashPremisesNonprofit Private Club By

Grower Sales Privilege 1st Location

E Grower Sales Privilege 2nd Location Datelsquo

Grower Sales Privilege 3rd Location OLCCUSEONLYLimited On~Premises

Dateapplictiop receivedOffmdashP lsquo

XI remises

Off-Premises with Fuel PumpsK

V lsquo

Warehouse

ByWholesale Malt Beverage amp Wine

Winery 1st Location LicenseAction(s)Winery Znd Location

Winery 3rd Location

Winery 4th Location He _ Winery 5th Location I IIraquo

2 ldentifythe app|icant(s) applyingforthe license(s) ENTITY(example corporation or LLC)or IND|VlDUAL(S)applyingfor the license(s)

__ raquomdash F7)lee leeSTPiTOs3LLC EmsectQEoCgcEm

(Applicant1) (Applicant2)w JUN

mt I

(Applicant3) (Applicant4) REU_w_lsquo _ -KJI

3 Trade Name ofthe Business (Name Customers Will See)

rdquozTrsigtsectT1rsquorIOlsquovlsquo)4 Business Address (Number and Street Address of the Location that will have the liquor license)

euro7 3 H-IMFraquo STCity ZipCelNraquoDeuroPtNDtNltE rsquoigtoLg 733i

County

OLCCLiquor License Application (Rev 1110)

Page 22 of 81

TtEliigtsectTlTOM5 Trade Name of the Business (Name Customers WillSee)

6 Does the business address currently have an OLCCliquor license E YESlNo7 Does the business address currently have an OLCCmarijuana license EYESXJNO

VDTEOK318 MailingAddressPOBox Number Street Rural Route (where the OLCCwillsend your mail)

City

sectPxE

State

GELZip Code

973019 Phone Number of the Business Location

Btu3amp3 I 17w10 EmailContact for this Application

xxoLtCoIVi11 Contact Person for this Application

Otilsect ilElsquotM

VierctP one Number

OmrsquoSlWtCW3rsquoContact Persons Mailing Address (if different)

701eatevtao we seCity

Sltuim

State Zip Code

OR 0tlsquoIsect07__

Please note that liquor license applications are public records A copy of the application will be posted on the OLCC

website for a period of several weeks

I understand that marijuana (such as use consumption ingestion inhalation samples give-away sale etc) isprohibited on

the licensedpremises

I attest that allanswers on all forms documents and information provided to the OLCCare true and complete

Applicant Signatu rels)

- Each individual person listed as an applicant must sign the application

0 if an applicant is an entity such as a corporation or LLCat least one person who is authorized to sign for the entity

must sign theapplication- A person with the authority to sign on behalf of the applicant (such as the applicants attorney or a person with

power of attorney) may sign the application Ifa person other than an applicant signs the application please

wideroo fsignatureauthority

(A (Applicant2)

(App|icant3) (App|icant4)

otcc Liquor License Application (Rev 11201

Page 23 of 81

OREGON LIQUOR CONTROL COMMISSION

BUSINESS INFORMATION

Please Print or Type

Applicant Name ItET9 StPtT1gtsectgt Phone euroL FZFIVITrade Name (dba) THETAP 3 Tioixs

Business Location Address

City BEPEHDEMCF ZIP Code Ci73sectl

DAYSAND HOURS OF OPERATION

Business Hours Outdoor Area HoursSunday 7mdash- to E2314 Sunday

toMondairsquo __i T0_m MondayTU95daY A I0 E TuesdayWednesday i to WednesdayThursday 3 to

EIFriday __L to __jSaturday IS to I

The outdoor area is used for

KlsquoFood service

Aicohol service

Hours

to

area is adequately viewed andorused by Service Pennittees

(investigators Initials)

Seasonal Variations l31YesEl No if yes explain USEH-qkxig LQ1+JTiZHOOKZRuse Co-mgt-q HRS QceemdashClsquonpoundboeuroeuroeuroJiigtmecent HDUKB

ENTERTAINMENT Check anthat app|y DAYS amp HOURS OF LIVE OR DJ MUSIC

MLive Music E Karaoke

tE Recorded Music D CommdashoperatedGames sectrj3 tgDJ Music B Video Lottery Machines Tuesday to

Wednesday toD Dancing WSocial Gaming Thursday SIDSFriday g to D Nude Entertainers D Pool Tables Saturday 3 to I

D Other

SEATINGCOUNT

Restaurant Outdoor grCraquo OLCC USE ONLY

lsquobk Investigator Veried Seating__(Y) __(N)

Lounge _pound_ Other (explain)mvasgamllnmms

I

lsquo

Banquet Total Seating Date

I understand if my answei7euro)ote a complete the OLCC may deny my license application

Applicant SignatureU

-lsquo Date 3 Z3 lsquoT Z0101-800-452-OLCC (6522)

wwworegongovolcc yrsldquo 1207)Page 24 of 81

555 South Main Street Post Office Box 7 Independence OR 97351

Phone 503838-1212 Fax 503606-3282 email tpessemierciindependenceorus

TO Mayor and City Council FROM City Manager Tom Pessemier MEETING DATE April 14 2020 SUBJECT Approval of 5-year sales contract for

AXON services [ ] Information Only [ X ] Action Requested Statement of Issue A 5-year sales contract with AXON for body-worn cameras Tasers and digital cloud-based storage with software interface is submitted for council consideration Background In 2014 the City of Independence started using body worn cameras in the police department We started by testing different platforms selecting AXON as our preferred provider then negotiated a 5-year contract which was partially grant funded Our current contract expires this month and we have negotiated a new contract for Council consideration Discussion Included in the contract being considered today AXON provides body cameras and Tasers for our officers and CSOrsquos training and training aids and Taser devices for our patrol staff to wear while on patrol These devices are covered under a warranty for the life of the contract as well as a provision for camera replacement around the half-way point of the contract to the newest technology available Certification training for our instructor to be certified to train our staff and other training materials are also included The sales contract also includes software and cloud storage of video The AXON platform which we currently use allows us the ability to transfer video directly to the DArsquos office or others electronically rather than having to build DVDrsquos of video which has saved our records department a lot of time It also provides the ability for citizens to upload video directly to our AXON cloud as well as video redaction capabilities which allows us to comply with Oregon law

CITY OF INDEPENDENCE MEMORANDUM

Page 25 of 81

555 South Main Street Post Office Box 7 Independence OR 97351

Phone 503838-1212 Fax 503606-3282 email tpessemierciindependenceorus

Fiscal Impact The total 5-year contract cost is $131786 broken into annual payments of $26357 Funds are available for this fiscal year in the police department operating budget Funds would be included in the police department budget request for contract years 2-5 Options

1 Approve the contract as proposed 2 Approve the contract with amendments 3 Take no action

RecommendationSuggested Motion Staff recommends Option 1

ldquoI move to authorize the City Manager to sign a service contract for body worn cameras tasers and cloud storage with AXONrdquo Attachments

A Proposed AXON contract

Memo prepared by Robert Mason Police Chief

Page 26 of 81

Payment Terms Net 30

Delivery Method Fedex - Ground

Q-251225-43927723KP

Year 1

Item DescriptionTerm

(Months)Quantity

List Unit

Price Net Unit Price Total (USD)

Axon Plans amp Packages

20248 TASER 7 EVIDENCECOM ACCESS LICENSE 60 1 000 000 000

73687 EVIDENCECOM VIEWER LICENSE 60 1 000 000 000

73746 PROFESSIONAL EVIDENCECOM LICENSE 60 11 000 000 000

73686EVIDENCECOM UNLIMITED AXON DEVICE

STORAGE60 11 000 000 000

73683 10 GB EVIDENCECOM A-LA-CART STORAGE 60 110 000 000 000

73449 AWARE LICENSE 60 11 000 000 000

20248 TASER 7 EVIDENCECOM ACCESS LICENSE 60 11 000 000 000

20246TASER 7 DUTY CARTRIDGE REPLACEMENT

ACCESS LICENSE60 11 000 000 000

73683 10 GB EVIDENCECOM A-LA-CART STORAGE 60 10 000 000 000

73840 EVIDENCECOM BASIC ACCESS LICENSE 60 10 000 000 000

Hardware

20160TASER 7 HOLSTER - SAFARILAND RH+CART

CARRIER11 000 000 000

75015 SIGNAL SIDEARM KIT 11 000 000 000

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

Issued 04062020

Quote Expiration 05152020

Account Number 110011 Axon Enterprise Inc17800 N 85th St

Scottsdale Arizona 85255

United States

Phone (800) 978-2737

Protect Life

PRIMARY CONTACT

Justin Hedlund

Phone (503) 837-1109

Email hedlundjustinciindependenceorus

BILL TO

Independence Police Dept - OR

P O Box 7

Independence OR 97351

US

SHIP TO

Justin Hedlund

Independence Police Dept - OR

555 S Main Street

Independence OR 97351

US

SALES REPRESENTATIVE

Kyle Panasewicz

Phone (480) 905-2071

Email kylepaxoncom

Fax (480) 658-0673

Q-251225-43927723KP

1

Page 27 of 81

Year 1 (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware (Continued)

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

20014TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE STANDOFF (322 000 000 000

20015TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE CLOSE QUART22 000 000 000

20008TASER 7 HANDLE HIGH VISIBILITY (GREEN

LASER) CLASS 3R11 000 000 000

20040 TASER 7 HANDLE WARRANTY 4-YEAR 11 000 000 000

20018 TASER 7 BATTERY PACK TACTICAL 13 000 000 000

20041TASER 7 BATTERY PACK WARRANTY 4-

YEAR13 000 000 000

20042TASER 7 DOCK amp CORE WARRANTY 4-

YEAR1 000 000 000

70033WALL MOUNT BRACKET ASSY

EVIDENCECOM DOCK1 000 000 000

74200 TASER 7 6-BAY DOCK AND CORE 1 000 000 000

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)33 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)33 000 000 000

20016TASER 7 INERT CARTRIDGE STANDOFF

(35-DEGREE)1 000 000 000

20017TASER 7 INERT CARTRIDGE CLOSE

QUARTERS (12-DEGREE)1 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

73202 AXON BODY 3 - NA10 5 69900 63260 316300

74028 WING CLIP MOUNT AXON RAPIDLOCK 5 000 000 000

11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 5 000 000 000

Other

73810 OFFICER SAFETY PLAN 7 60 11 000 000 000

Not Eligible

TASER 7

INSTRUCTO

R COURSE

VOUCHER

Not Eligible TASER 7 INSTRUCTOR COURSE

VOUCHER1 000 000 000

Protect LifeQ-251225-43927723KP

2

Page 28 of 81

Year 1 (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Other (Continued)

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 132442 1456862

Not Eligible

TASER 7

MASTER

INSTRUCTO

R SCHOOL

VOUC

Not Eligible TASER 7 MASTER INSTRUCTOR

SCHOOL VOUCHER1 000 000 000

Not Eligible

Target and

Frame

Not Eligible Target and Frame 11 000 000 000

Not Eligible

Halt SuitNot Eligible Halt Suit 1 000 000 000

20135OCULUS GO STANDALONE VIRTUAL

REALITY HEADSET1 000 000 000

20247TASER 7 ONLINE TRAINING CONTENT

ACCESS LICENSE60 11 000 000 000

20249VR EMPATHY DEVELOPMENT AUTISM

SCHIZOPHRENIA ACCESS LICENSE60 11 000 000 000

73827 AB3 CAMERA TAP WARRANTY 60 5 000 000 000

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2118510

Estimated

Shipping000

Estimated Tax 000

Total 2118510

Year 1 - TAP Refresh

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

74210 AXON BODY 3 - 8 BAY DOCK 2 000 000 000

73202 AXON BODY 3 - NA10 11 000 000 000

74028 WING CLIP MOUNT AXON RAPIDLOCK 16 000 000 000

11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 11 000 000 000

73202 AXON BODY 3 - NA10 1 69900 000 000

74028 WING CLIP MOUNT AXON RAPIDLOCK 1 000 000 000

11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 1 000 000 000

Protect LifeQ-251225-43927723KP

3

Page 29 of 81

Year 1 - TAP Refresh (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Other

73828 AB3 8 BAY DOCK TAP WARRANTY 60 2 000 000 000

73827 AB3 CAMERA TAP WARRANTY 60 11 000 000 000

71019NORTH AMER POWER CORD FOR AB3 8-

BAY AB2 1-BAY 6-BAY DOCK2 000 000 000

73827 AB3 CAMERA TAP WARRANTY 60 1 000 000 000

Subtotal 000

Estimated Tax 000

Total 000

Year 1 - T7 Certification

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Axon Plans amp Packages

20248 TASER 7 EVIDENCECOM ACCESS LICENSE 60 6 000 000 000

20246TASER 7 DUTY CARTRIDGE REPLACEMENT

ACCESS LICENSE60 6 000 000 000

Hardware

20160TASER 7 HOLSTER - SAFARILAND

RH+CART CARRIER6 000 000 000

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

20014TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE STANDOFF (312 000 000 000

20015TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE CLOSE QUART12 000 000 000

20008TASER 7 HANDLE HIGH VISIBILITY (GREEN

LASER) CLASS 3R6 000 000 000

20040 TASER 7 HANDLE WARRANTY 4-YEAR 6 000 000 000

20018 TASER 7 BATTERY PACK TACTICAL 6 000 000 000

20041TASER 7 BATTERY PACK WARRANTY 4-

YEAR6 000 000 000

20016TASER 7 INERT CARTRIDGE STANDOFF

(35-DEGREE)1 000 000 000

20017TASER 7 INERT CARTRIDGE CLOSE

QUARTERS (12-DEGREE)1 000 000 000

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)18 000 000 000

Protect LifeQ-251225-43927723KP

4

Page 30 of 81

Year 1 - T7 Certification (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware (Continued)

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)18 000 000 000

20050 HOOK-AND-LOOP TRAINING (HALT) SUIT 1 75000 67875 67875

Other

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

Not Eligible

TASER 7

INSTRUCTO

R COURSE

VOUCHER

Not Eligible TASER 7 INSTRUCTOR COURSE

VOUCHER1 000 000 000

Not Eligible

Taser 7

Evidenceco

m Admin

License

Not Eligible Taser 7 Evidencecom Admin

License1 000 000 000

Not Eligible

TASER 7

MASTER

INSTRUCTO

R SCHOOL

VOUC

Not Eligible TASER 7 MASTER INSTRUCTOR

SCHOOL VOUCHER1 000 000 000

Not Eligible

Target and

Frame

Not Eligible Target and Frame 6 000 000 000

Not Eligible

Halt SuitNot Eligible Halt Suit 1 000 000 000

Not Eligible

for VR

Headset

Not Eligible for VR Headset 1 000 000 000

20247TASER 7 ONLINE TRAINING CONTENT

ACCESS LICENSE60 6 000 000 000

20249VR EMPATHY DEVELOPMENT AUTISM

SCHIZOPHRENIA ACCESS LICENSE60 6 000 000 000

80087TASER 7 TARGET CONDUCTIVE

PROFESSIONAL (RUGGEDIZED)1 15000 13575 13575

Protect LifeQ-251225-43927723KP

5

Page 31 of 81

Year 1 - T7 Certification (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Other (Continued)

20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 49500 44798 44798

Subtotal 517208

Estimated Tax 000

Total 517208

Year 1 - Trade In

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Other

20104 TASER 7 TRADE-IN UPFRONT PURCHASE 17 000 000 000

Subtotal 000

Estimated Tax 000

Total 000

Year 2

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

Other

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 172674 1899414

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2635722

Estimated Tax 000

Total 2635722

Protect LifeQ-251225-43927723KP

6

Page 32 of 81

Year 3

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

20014TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE STANDOFF (322 000 000 000

20015TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE CLOSE QUART22 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

20014TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE STANDOFF (312 000 000 000

20015TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE CLOSE QUART12 000 000 000

Other

73309 AXON BODY CAMERA REFRESH ONE 11 000 000 000

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 172674 1899414

73689 MULTI-BAY BWC DOCK MID REFRESH 2 000 000 000

73309 AXON BODY CAMERA REFRESH ONE 1 000 000 000

73309 AXON BODY CAMERA REFRESH ONE 5 000 000 000

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2635722

Estimated Tax 000

Total 2635722

Protect LifeQ-251225-43927723KP

7

Page 33 of 81

Year 4

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

Other

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 172674 1899414

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2635722

Estimated Tax 000

Total 2635722

Year 5

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

Protect LifeQ-251225-43927723KP

8

Page 34 of 81

Year 5 (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware (Continued)

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

Other

73310 AXON BODY CAMERA REFRESH TWO 11 000 000 000

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 172674 1899414

73688 MULTI-BAY BWC DOCK FINAL REFRESH 2 000 000 000

73310 AXON BODY CAMERA REFRESH TWO 1 000 000 000

73310 AXON BODY CAMERA REFRESH TWO 5 000 000 000

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2635722

Estimated Tax 000

Total 2635722

Grand Total 13178606

Protect LifeQ-251225-43927723KP

9

Page 35 of 81

Summary of Payments

Payment Amount (USD)

Year 1 2118510

Year 1 - TAP Refresh 000

Year 1 - T7 Certification 517208

Year 1 - Trade In 000

Year 2 2635722

Year 3 2635722

Year 4 2635722

Year 5 2635722

Grand Total 13178606

Discounts (USD)Quote Expiration 05152020

List Amount 15120900

Discounts 1942294

Total 13178606

Total excludes applicable taxes

Protect LifeQ-251225-43927723KP

10

Page 36 of 81

Notes

The parties agree that Axon is granting a credit of $306000 (applied to Year 1 Payment) for trade-in of CEW hardware This credit is based on a ship date range of 512020-

5152020 resulting in a 612020 contract start date Any change in this ship date and resulting contract start date will result in modification of this credit value which may

result in additional fees due to or from Axon

Axon BWC hardware contained in this quote is at zero cost as a TAP refresh of contracts 00004618 and 00010394 The parties agree that all TAP obligations of contracts

00004618 and 00010394 have been fulfilled

Purchase of TASER 7 are governed by the TASER 7 Agreement located at httpswwwaxoncomlegalsales-terms-and-conditions and not the Master Services and

Purchasing Agreement referenced below

Tax is subject to change at order processing with valid exemption

Axonrsquos Sales Terms and Conditions

This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axonrsquos Master Services and Purchasing Agreement

(posted at wwwaxoncomlegalsales-terms-and-conditions) as well as the attached Statement of Work (SOW) for Axon Fleet andor Axon Interview

Room purchase if applicable Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions By

signing below you represent that you are lawfully able to enter into contracts If you are signing on behalf of an entity (including but not limited to the

company municipality or government agency for whom you work) you represent to Axon that you have legal authority to bind that entity If you do not

have this authority please do not sign this Quote

Signature CustSIG Date CustDate

Name (Print) CustName Title CustTitle

PO (Or write

NA) CustPo

Please sign and email to Kyle Panasewicz at kylepaxoncom or fax to (480) 658-0673

Thank you for being a valued Axon customer For your convenience on your next order please check out our online store buyaxoncom

The trademarks referenced above are the property of their respective owners

Protect LifeQ-251225-43927723KP

11

Axon Internal Use Only

Review 1 Review 2

SFDC Contract

Order Type

RMA

Address Used

SO

Comments

Page 37 of 81

Page 38 of 81

555 South Main Street Post Office Box 7 Independence OR 97351Phone 503838-1212 Fax 503606-3282 email kjohnsonciindependenceorus

TO Mayor and City CouncilFROM Shawn Irvine Economic Dev Dir

MEETING DATE April 14 2020SUBJECT Resolution Rural Business

Development Grant Application

[ ] Information Only [ X ] Action Requested

Statement of Issue Staff is requesting Council approve a resolution supporting a grant application to fund the development of a shared-use commercial kitchen facility downtown

BackgroundFor several years the City has worked with local and regional partners to support entrepreneurship and the growth of small businesses These classes and programs have supported a number of successful businesses including several located downtown The past two years the City has partnered with IndyCommons ndash the downtown co-working space ndash to run a series of meetups and classes intended to identify potential business clusters within the communityrsquos entrepreneurs Food-based businesses were the top cluster identified

The mid-Willamette Valley is the largest and most diverse agricultural production region in the state with over 170 different crops being grown It also has a concentration of large and small value-added food products companies that leverage the diverse agricultural products for their businesses The USDArsquos Rural Business Development Grant program supports proposals that offer assistance and training for small businesses in rural communities

DiscussionOver the last decade development of a shared-use commercial kitchen has come up several times in the Cityrsquos regional economic development work These facilities allow licensed users to rent the space on an hourly basis for trying new recipes developing new products and small-scale production The ability to rent a licensed facility enables entrepreneurs to test their ideas and products prior to making the significant investment into building their own commercial kitchen While there has been strong and consistent interest in such a facility from entrepreneurs it is a complex enough project that nobody was willing to be the organizer and operator

IndyCommons opened four years ago successfully bringing the shared space co-working model to downtown Independence Last year the company spun off a new non-profit IndyIdeaHub to support entrepreneurship programming and development in the community and region With the success of the co-working space and the new non-profit IndyCommons is ready to tackle a shared-use commercial kitchen They have leased the neighboring space in their building and plan to operate a shared kitchen and event space with ldquomicro retailrdquo in the storefront Micro retail rents shelf space to entrepreneurs instead of an entire store reducing the startup cost for a new product company and enabling them to test the market for new products without the cost of renting an entire store The kitchen event space and micro retail

CITY OF INDEPENDENCEMEMORANDUM

Page 39 of 81

555 South Main Street Post Office Box 7 Independence OR 97351Phone 503838-1212 Fax 503606-3282 email kjohnsonciindependenceorus

space would work in concert creating a kind of food incubator while also drawing people downtown for pop up dinners and other events

IndyCommons is leasing the space and the Cityrsquos grant application would support the non-profitrsquos work to outfit and operate the kitchen while offering business development programs The grant will request approximately $90000 matched with funds from IndyCommons and a $60000 Rural Opportunity Initiative grant the City received through Business Oregon which supports programming for food-based entrepreneurship

While the City is requesting the grant and supporting development of this kitchen facility its users will not be limited just to Independence residents As with IndyCommons anyone willing to travel to the facility and pay the rental fee will be able to use it Programs and classes will also be open to anyone from the region

Fiscal Impact Staff time will be spent writing the grant and if awarded coordinating the project No City funds will be used as match for this project

Options1 Approve the resolution as submitted2 Approve the resolution with amendments3 Take no action

RecommendationSuggested MotionStaff recommends Option 1

Suggested motion ldquoI move to approve Resolution 20-1526 Authorizing the City to Apply for a Rural Business Development Grantrdquo

AttachmentsA Resolution 20-1526

Page 40 of 81

Page 1 of 2 Resolution 20-1526 Authorizes USDA Grant Application

BEFORE THE CITY COUNCIL OF THE CITY OF INDEPENDENCE

COUNTY OF POLK STATE OF OREGON

IN THE MATTER OF AUTHORIZING THE CITY ]OF INDEPENDENCE TO APPLY FOR A RURAL ]BUSINESS DEVELOPMENT GRANT FROM THE ]UNITED STATES DEPARTMENT OF AGRICULTURE ]FOR DEVELOPMENT OF A SHARED-USE ]COMMERCIAL KITCHEN FACILITY AND ]DELEGATING AUTHORITY TO THE CITY ]MANAGER TO SIGN THE APPLICATION ]

RESOLUTION 20-1526

A RESOLUTION AUTHORIZING APPLICATION FOR USDA GRANT

WHEREAS the USDA is accepting applications for its Rural Business Development Program and

WHEREAS the City of Independence has the capacity to administer the grant and desires to participate in this grant program to the greatest extent possible as a means of providing needed business development and entrepreneurship programming and

WHEREAS Staff have identified development of food-based businesses as a successful regional business cluster which could be expanded within the City of Independence and

WHEREAS local and regional economic development plans have identified a shared-use commercial kitchen as an important asset to reduce barriers to entry for food-based startup businesses and

WHEREAS the City of Independence has an existing partnership with IndyCommons to support entrepreneurship and business development within the community and

WHEREAS the City of Independence has available matching funds from the State of Oregonrsquos Rural Opportunity Initiative which will fund food-based business programming and services at the new kitchen facility and

Page 41 of 81

Page 2 of 2 Resolution 20-1526 Authorizes USDA Grant Application

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF INDEPENDENCE AS FOLLOWS

Section 1 The City Council demonstrates its support for the submittal of a grant application to the United States Department of Agriculture for development of a shared-use commercial kitchen and delegates authority to sign grant documents to City Manager Tom Pessemier

Section 2 This Resolution shall be effective following its adoption by the City Council

Passed by the City Council this 14th of April 2020

Effective Date April 14 2020Signed by the Mayor April 14 2020

__________________________John McArdle Mayor

ATTEST

_______________________Karin Johnson MMCCity Recorder

Page 42 of 81

555 South Main Street Post Office Box 7 Independence OR 97351Phone 503838-1212 Fax 503606-3282 email tpessemierciindependenceorus

TO Mayor and City CouncilFROM City Manager Tom Pessemier

MEETING DATE April 14 2020SUBJECT Approval of IGA Mid-Willamette Valley

Homeless Alliance Continuum of Care

[ ] Information Only [ X ] Action Requested

Statement of IssueAn Inter-Governmental Agreement concerning the Mid-Willamette Valley Homeless Alliance is submitted for council consideration

BackgroundIn 2019 the City of Independence along with the cities of Monmouth Keizer Salem the Salem-Keizer School District Polk and Marion counties and the Confederated Tribes of Grand Ronde and with the Mid-Willamette Valley Council of Governments (COG) formally organized the Mid-Willamette Valley Homeless Alliance (MWVHA) which serves as our regionrsquos Continuum of Care (CoC) The CoC is committed to the goal of preventing and ending homelessness within Polk and Marion counties The CoC was recognized by the US Housing and Urban Development Department (HUD) on 12-11-19 and to that end a formal Governance Charter was approved by the MWVHA Board of Directors on 2-13-20

The MWVHA Board of Directors is a collaboration of the members and the COG has provided administrative support for the member governments The MWVHA is not a legal entity and HUD regulations require a legal entity to serve as the Collaborative Applicant for a Continuum of Care therefore an ORS 190 entity (Inter-Governmental Agreement or IGA) is proposed to be formed to allow the member governments to contract with the COG to provide services and for the COG to be reimbursed

DiscussionTime is of the essence this IGA establishes the terms and conditions under which the member governments will coordinate to support the MWVHA through contracting with the COG to serve as the Collaborative Applicant This IGA is a short-term solution until a new entity is designated and would expire on August 13 2020

Fiscal ImpactNo additional fiscal impact Funds have been reservedbudgeted for this project

Options1 Approve the IGA as proposed2 Approve the IGA with amendments3 Take no action

RecommendationSuggested Motion

CITY OF INDEPENDENCEMEMORANDUM

Page 43 of 81

555 South Main Street Post Office Box 7 Independence OR 97351Phone 503838-1212 Fax 503606-3282 email tpessemierciindependenceorus

Staff recommends Option 1

ldquoI move to approve the cityrsquos participation in the ORS 190 concerning the Mid-Willamette Valley Homeless Alliance and to authorize the City Manager to sign the related documentsrdquo

AttachmentsA Interim IGAB COG Scope of WorkC MWHA Governance Charter

Memo prepared by Karin Johnson City Recorder

Page 44 of 81

1 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

1 PARTIES TO AGREEMENT

This Agreement by and between the Confederated Tribes of the Grand Ronde (ldquoGrand Ronderdquo) Marion County (ldquoMarionrdquo) Polk County (ldquoPolkrdquo) and the Cities of Independence (ldquoIndependencerdquo) Keizer (ldquoKeizerrdquo) Monmouth (ldquoMonmouthrdquo) Salem (ldquoSalemrdquo) the Salem-Keizer School District (ldquoSalem-Keizerrdquo) collectively the ldquoMember Governmentsrdquo and the Mid-Willamette Valley Council of Governments (ldquoCOGrdquo) is made pursuant to ORS 190010

2 AUTHORITY This Agreement is established under the authority of Oregon Revised Statutes (ORS) Chapter 190

3 BACKGROUNDa The Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo) was formed on

September 24 2019 and recognized by the US Housing and Urban Development Department (ldquoHUDrdquo) on December 11 2019 for the Polk County and Marion County region to carry out the purposes of the HUD Continuum of Care program described in 24 CFR Part 578

b The Alliance Charter was approved by the Alliance Board of Directors on February 13 2020 (Attachment 1)

c The Alliance is a collaboration of the Member Governments non-profit service organizations and community members and is not a legal entity

d The Member Governments have made financial contributions for the 2019-2020 Fiscal Year which are being managed by COG

e The Member Governments have agreed to make financial contributions to support the Alliance for the 2020-2021 Fiscal Year subject to budgetary approval as approved by the Alliance Board of Directors (Attachment 2)

f HUD regulations require a legal entity to serve as the Collaborative Applicant for a Continuum of Care such as the Alliance

g The COG has been providing administrative support and other resources for the Alliance including contract management for independent contractors engaged by COG at the request of the Alliance During this time the Member Governments have directly paid their contribution amounts to COG to manage those funds for the Alliance

h The COG has agreed on an interim basis to continue to provide administrative support and other resources in addition to serving as the Collaborative Applicant for

Page 45 of 81

2 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

the Alliance until an ORS 190 entity has been formed and designated by the Alliance Board of Directors to serve as the Collaborative Applicant

i The Alliance Board of Directors approved the execution of this Agreement for a term to expire on August 13 2020 to allow the Member Governments to contract with the COG to provide Collaborative Applicant services and reimburse COG for services

4 PURPOSE

The purpose of this Agreement is to establish the terms and conditions under which the Member Governments will coordinate to support the Alliance through contracting with COG to serve as the Collaborative Applicant for the Alliance pursuant to 24 CFR Part 578 The parties understand and agree that this Agreement serves as an interim solution to allow COG to serve as the Collaborative Applicant and be reimbursed for its costs until a new entity is designated

5 TERM AND TERMINATION

51 This Agreement shall be effective from the date upon which the last signature is affixed hereto and shall expire on August 13 2020 unless otherwise earlier terminated or extended

52 This Agreement may be terminated by mutual consent of all parties hereto Any such termination of this Agreement shall be without prejudice to any obligations or liabilities of any party already accrued prior to such termination

6 FUNDING AND BILLING

61 The Member Governmentsrsquo fiscal year 2020-2021 contributions as set forth in Attachment 2 shall be made to COG subject to the individual Member Governmentrsquos budgetary approval Nothing in this Agreement binds any Government Member to any specific financial contribution after the 2020-2021 fiscal year

62 COG shall be reimbursed for its expenses already incurred in support of the Alliance from January 1 2020 to the effective date of this Agreement COGrsquos expenses prior to July 1 2020 shall be reimbursed from the Member Governmentsrsquo Fiscal Year 2019-2020 contributions and COGrsquos expenses for the period of July 1 2020 to the termination of this Agreement shall be from the Member Governmentsrsquo Fiscal Year 2020-2021 contributions COG shall submit an invoice to the Alliance Board for its approval for COGrsquos Fiscal Year 2019-2020 expenses no later than August 30 2020 and shall submit an invoice to the Alliance Board for its approval for COGrsquos Fiscal Year 2020-2021 expenses no later than September 30 2020

63 COGrsquos expenses under this Agreement shall not exceed the total amount of funds contributed by the Member Governments and any contributions from other members of the Alliance donations or grants provided to COG for the benefit of the Alliance subject to the rates for specific services as set forth in the Scope of Work As set forth in the Scope of

Page 46 of 81

3 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

Work COG shall provide timely financial reports to the Alliance and shall ensure that expenses do no exceed available resources approved by the Member Governments through the Alliance Board

7 OBLIGATIONS UNDER THE TERMS OF THIS AGREEMENT

71 MEMBER GOVERNMENTS agree to

a Make timely payment to COGb Maintain good standing as a member of the Alliancec Collaborate in good faith with other Member Governments to create a new ORS 190

entity to serve as the Collaborative Applicant for the Alliance

72 COG agrees to

Serve as the Collaborative Applicant for the Alliance and perform other duties as established in the Scope of Work (Attachment 3)

8 DESIGNATION OF SUCCESSOR COLLABORATIVE APPLICANT

The Member Governments understand and agree that the Alliance is required to have a Collaborative Applicant as that term is defined in 24 CFR Part 57815 which must be a legal entity The Alliance Board has indicated a desire that the Member Governments form an intergovernmental entity to serve that purpose Time is of the essence to designate a successor Collaborative Applicant and the Member Governments agree to work cooperatively and in a timely manner to agree on the new Collaborative Applicant The Member Governments also agree they will create a new intergovernmental entity to serve in that role

9 COMPLIANCE WITH APPLICABLE LAWS

The parties agree that both shall comply with all applicable federal state and local laws and ordinances applicable to the parties and the work to be done under this Agreement The parties agree that this Agreement shall be administered and construed under the laws of the state of Oregon Nothing in this Agreement shall be considered a waiver of tribal sovereign immunity

10 NONDISCRIMINATION

The parties agree to comply with all applicable requirements of federal state and local civil rights statutes rules and regulations in the performance of this Agreement

11 HOLD HARMLESSThe parties agree to indemnify and hold harmless each other for from and against all claims costs expenses (including attorney fees) losses damages fines charges actions or other liabilities solely to the extent arising from their own intentional or negligent acts or those of their agents contractors or employees and to the extent applicable the above indemnification is

Page 47 of 81

4 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

subject to and shall not exceed the limits of the Oregon Tort Claims Act (ORS 30260 through 30300) and the Oregon Constitution The parties intend to provide reciprocal indemnity obligations The parties acknowledge that the Oregon Tort Claims Act does not limit the liability of Grand Ronde in the same manner as the other parties Accordingly the parties agree Grand Rondersquos indemnity shall not exceed the indemnification limits of any other party

12 INSURANCE

Each party shall insure or self-insure and be independently responsible for the risk of its own liability for claims within the scope of the Oregon tort claims act (ORS 30260 to 30300) The parties intend to provide reciprocal liability insurance obligations The parties acknowledge that the Oregon Tort Claims Act does not apply to Grand Ronde in the same manner as other parties Accordingly the parties agree that Grand Ronde shall self-insure in an amount consistent with the liability for claims of any other party

13 MERGER CLAUSEParties concur and agree that this Agreement constitutes the entire agreement between the parties No waiver consent modification or change to the terms of this agreement shall bind either party unless in writing and signed by both parties There are no understandings agreements or representations oral or written not specified herein regarding this agreement Parties by the signatures below of their authorized representatives hereby agree to be bound by its term and conditions

Page 48 of 81

5 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

THE CONFEDERATED TRIBES OF THE GRAND RONDE COMMUNITY OF OREGON

__________________________________ ________________________ Cheryle A Kennedy DateTribal Council Chairwoman

Page 49 of 81

6 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

CITY OF INDEPENDENCE

__________________________________ _____________________Tom Pessemier DateCity Manager

Page 50 of 81

7 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

CITY OF KEIZER

__________________________________ ________________________Christopher Eppley DateCity Manager

Approved as to form

________________________________________Keizer City Attorney

Page 51 of 81

8 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

CITY OF MONMOUTH

__________________________________ _____________________Chad Olsen DateInterim City Manager

Page 52 of 81

9 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

MARION COUNTY BOARD OF COMMISSIONERS

__________________________________Chair

__________________________________Commissioner

__________________________________Commissioner

Date _____________________

Page 53 of 81

10 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

POLK COUNTY BOARD OF COMMISSIONERS

__________________________________Commissioner

__________________________________Commissioner

__________________________________Commissioner

Date _____________________

Page 54 of 81

11 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

SALEM-KEIZER PUBLIC SCHOOLS

_____________________________________ _____________________Marty Heyen Chairperson Board of Directors DateSalem-Keizer Public Schools

Page 55 of 81

12 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

CITY OF SALEM

__________________________________ _____________________Steve Powers DateCity Manager

Page 56 of 81

13 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

__________________________________ _______________________Renata Wakeley DateActing Executive Director

Page 57 of 81

Page 58 of 81

1

MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

SCOPE OF WORK FOR THE MID-WILLAMETTE VALLEY HOMELESS ALLIANCE COG shall undertake the following items in performance of this Agreement

1 Finance a Manage and process accounts payable and accounts receivable b Maintain records of project expenditures and revenues in COG financial

management system c Maintain copies of personal services contracts and other contracts for goods and

services under this Agreement d Provide monthly financial report to the Alliance Board e Provide support to and project financial statements in annual audit f Incorporate project expenditures and revenues into COG budget forecast prepare

budget documents for Alliance Board approval g Provide documentation of internal controls and other financial policies and

procedures to HUD upon request h Manage HUD planning grant when awarded Assure planning grant expenditures

made by the project are allowable per HUD regulations i Prepare any required financial reports associated with the planning grant j Accept and record Alliance member contributions and k Invoice members for annual project contributions and track contribution receipts

2 Administrative Support

a Attend Alliance Board meetings and executive committee meetings prepare draft minutes and maintain meeting records

b Assist the Alliance in scheduling meetings and other meeting-related tasks including merging documents for the meeting packet

c Schedule meeting space when available facilitate meeting logistics and preparation including setting up meeting space copying documents making name cards setting up laptop and PowerPoint equipment connecting participants through conference phone

d Maintain email lists in conjunction with the Alliance e Notice meetings per Public Meetings Law requirements f Assist the Alliance in preparing and disseminating a quarterly Alliance newsletter

COG is not responsible for creating or obtaining content for the newsletter and g Maintain Homeless Initiative web page on the COG website and provide up to six

(6) hours a month of IT support for the newly acquired and licensed Homeless Initiative web page

3 Executive Director Support

a Negotiate and approve goods and personal service contracts and contract amendments upon request of the Alliance

b Approve payments for monthly invoices c Provide executive level advice and support in working with the COG board of

directors and COG members d Authorize legal services upon request of the Alliance

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2

e Authorize IT services upon request of the Alliance f Attend MWVHA board meetings as needed and g Serve as the Collaborative Applicant for the 2020 NOFA process sign required

application documents

4 IT Support a Support development and maintenance of the Alliance website and b Other projects upon request of the Alliance and approval of Executive Director

5 Legal Services upon request of the Alliance and approval of Executive Director

6 Rates for services provided by COG are set forth COGrsquos fee schedule attached hereto as

Exhibit 1 (COG Board of Directors Resolution 2019-06) COG modifies its fee schedule annually on or about on July 1 of each year COG may modify the fees under this Agreement by not more than 15 for any individual fee upon adoption of a fee schedule for the 20-21 fiscal year and providing the Member Governments 10-daysrsquo notice of the modified fees The rates for services set forth herein apply to this Agreement and COG reserves the right to propose different rates in any future agreement pursuant to COGrsquos adopted fee schedule

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1

MID-WILLAMETTE VALLEY HOMELESS ALLIANCE GOVERNANCE CHARTER

FINAL ndash Approved by the CoC Development Council on 10-24-19 ratified by the Mid-Willamette Valley Homeless Alliance Board of Directors on 2-13-20

ARTICLE I CONTINUUM OF CARE NAME AND PURPOSE

A NAME OF THE CONTINUUM OF CARE (COC) The name of this organization is the Mid-Willamette Valley Homeless Alliance which serves as the regionrsquos Continuum of Care herein referred to as ldquothe CoCrdquo

B CONTINUUM OF CARE (COC) OVERVIEW 1 GEOGRAPHIC BOUNDARIES The CoC represents the geographic region within the boundaries of Marion

and Polk counties 2 PURPOSE The CoC is organized to carry out the purposes of the US Housing and Urban Development

(HUD) Continuum of Care program as described in 24 CFR Part 578 The CoC promotes communitywide commitment to the goal of preventing and ending homelessness provides funding for efforts by nonprofit providers and state tribal and local governments to quickly rehouse homeless individuals including unaccompanied youth and families while minimizing the trauma and dislocation caused to homeless individuals families and communities by homelessness promotes access to and effective utilization of mainstream housing and homeless services programs by homeless individuals and optimizes self-sufficiency among individuals and families experiencing homelessness Its work includes gathering and analyzing data to determine local needs of and resources available to people experiencing homelessness developing and prioritizing a menu of strategic responses collaboratively implementing a strategic plan promoting service coordination educating the public on homeless issues providing advice and input on homeless services operations leveraging resources for maximum impact and measuring and promoting strong program performance Through collaborative efforts of local and tribal governments school districts nonprofit organizations and other participating stakeholders the CoC seeks to develop an evidence-based system of services including stable housing designed to meet the unique and complex needs of adults youth children and families in Marion and Polk counties who are at risk of or are experiencing homelessness ICLE 3 ndash GEOGRAPHIC RE

ARTICLE II CONTINUUM OF CARE GOVERNANCE STRUCTURE

A BOARD OF DIRECTORS 1 NAME The name of the CoC governing board is the Mid-Willamette Valley Homeless Alliance Board of

Directors herein referred to as the ldquoCoC Boardrdquo or the ldquoBoardrdquo The CoC has established a governing board as required by 24 CFR part 5787(a)(3) The Board is responsible for the overall policy and direction of the CoC and may delegate responsibility for day-to-day operations to staff and committees

2 VOTING MEMBERSHIP The Board will consist of at least thirteen (13) voting members that have no

conflicts of interest as defined in Article III of this charter and 24 CFR part 57895 Board members will

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2

serve without compensation Board membership includes representation from the following organizations or subpopulations

a One representative from each of the following organizations

i Union Gospel Mission a faith-based organization ii The Confederated Tribes of Grand Ronde iii Local governments

(a) City of Independence (b) City of Keizer (c) City of Monmouth (d) Polk County

iv Salem-Keizer School District (24J) v Salem Health vi Homeless or formerly homeless individuals appointed by the Law Enforcement Assisted Diversion

Program and vii United Way of the Mid-Willamette Valley a nonprofit organization

b Two representatives from the City of Salem and Marion County In the alternative pursuant to

Section 11 of Article 2 Marion County and the City of Salem may appoint one representative who may exercise two votes

3 EX-OFFICIO BOARD MEMBERS In addition seven (7) ex-officio participants may serve as non-voting ex-

officio board members participating in discussions and representing such groups as a Marion County Salem and West Valley Housing Authorities b Mid-Willamette Valley Community Action Agency c Polk County Veteran Services and d Co-chairs of the CoC Collaborative Committee

4 BOARD SELECTION PROCESS

a The initial CoC Board of Directors will be nominated by the Development Council established by a 2019 Memorandum of Agreement in consultation with the stakeholders workgroup

b Each organization nominated for representation on the CoC Board will identify persons to serve who hold elected or senior staff roles in decision-making for that organization

c Members serve at the pleasure of the CoC Board d Any directors representing organizations newly added to the Board by amendment to this charter

will be nominated and confirmed by vote of the CoC board e Pursuant to 24 CFR part 5787(a)(3) the CoC Board will submit this written selection process to the

CoC Collaborative Committee described in Section D of this article and Board of Directors for review update and approval at least once every five (5) years

5 BOARD FINANCIAL CONTRIBUTIONS Each organization represented as a voting member on the CoC

board will contribute funds to supplement CoC operations contingent on the organizationrsquos budgetary

authority Contributions will be reviewed and approved annually by the CoC board

6 BOARD ALTERNATES Board members may designate an Alternate for a single meeting who can attend in the board memberrsquos place if the member must miss a meeting The Alternate must represent the same organization or subpopulation as the absent Board member Prior to the board meeting the absent Board member or his or her designee must communicate in writing to CoC staff confirming the Alternatersquos attendance and granting authority for the Alternate to vote

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3

7 TERMINATION The Board may remove any member when it determines it is in the interest of the CoC to do so Member terminations require a 23 vote of the appointed voting membership Reasons for removal include excessive absences from meetings conduct that is contrary to the Boardrsquos code of conduct or noncompliance with conflict of interest or other board policies

8 RESIGNATION Resignations by Board members shall be submitted in writing to CoC staff who will forward the resignation notice to board leadership Resignations will be announced at the next regularly scheduled board meeting For board positions representing designated organizations resignation is implied if a person seated on the board is no longer affiliated with the organization that appointed him or her The appointing organization is then responsible for assuring that another qualified person is appointed to represent that organization

9 MEETINGS Pursuant to 24 CFR part 5787(a)(1) the Board will meet at least semi-annually in conjunction with the CoC Collaborative Committee to conduct general CoC business Inclusive of these semi-annual joint meetings the board will meet at least quarterly and may meet more frequently at the call of the chair The CoC Board is a public body subject to the public meetings and record laws as stated in ORS Chapter 192 All meetings will be open to the public

10 QUORUM A majority defined as 50 plus one of the appointed voting Board membership will constitute a quorum for the transaction of all business at meetings Members may attend either in person or by conference call so long as persons in attendance and on the telephone can both hear and communicate with each other Members attending by telephone conferencing may be counted towards achieving a quorum

11 VOTING Each Board member will hold one vote on all matters brought before the board However in recognition of their significant financial contributions to the effort Marion County and the City of Salem may select two persons to represent each organizationrsquos interests on the CoC Board or in the alternative may select one representative who shall have two votes on any matter Board decisions shall be made by a majority of the total votes available to the entire appointed voting Board membership

12 NOTICE AND INCLUSION a The Board will provide for and give public notice reasonably calculated to give actual notice to

board members interested persons news media that have requested notice and general public notice Notice shall include the time and place for holding regular meetings The notice will also include a list of the primary subjects anticipated to be considered at the meeting Distribution of meeting notices will be in a manner that maximizes the potential of the public awareness of Board proceedings and for the public to participate in its deliberations

b Whenever possible matters resulting in a recommendation to the Board will be deliberated during a minimum of two meetings to assure maximum participation

c The Board encourages input to its deliberations and decision-making from a diversity of stakeholders including consumers and community members from diverse genders racial and ethnic origins cultural groups and geographic areas within the CoC boundaries CoC members are encouraged to bring ideas or concerns to the attention of the CoC Board and staff

d The Board will conduct outreach at least semi-annually with business organizations such as economic development forums chambers of commerce and Rotary clubs to inform business leaders about current issues surrounding homelessness and gather information from a business perspective

13 AGENDAS Items may be placed on a meeting agenda by any Board member or by CoC staff The agenda will be distributed to members and through public notice at least one week prior to a Board meeting

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4

B BOARD OFFICERS 1 CHAIR The Board will accept nominations and elect a chair annually The chair may be elected for

subsequent terms The chair will act as leader of the convened meeting and as the parliamentarian The chair will enforce Board policies and membership rules and will guide the conduct of public meetings The chair is the official Board representative and shall be the primary spokesperson to the media

2 VICE CHAIR The chair will select a vice chair with board consent In the absence of the chair the vice chair will assume the chairs responsibilities If neither the chair nor vice chair is available for a public meeting then the assembled quorum of the meeting will select a temporary chairperson to conduct the meeting

3 EXECUTIVE COMMITTEE LEADERSHIP The chair and vice chair serve as leaders of the CoC Executive Committee as described in Section E1

C STAFF RESPONSIBILITIES TO THE CoC BOARD

1 STAFF SUPPORTCOLLABORATIVE APPLICANT Subject to available funding for CoC operations Mid-

Willamette Valley Council of Governments (COG) will serve as the Collaborative Applicant described in

Article IV Section E and provide staff support that could be employees contractors and in-kind

support as well as in-kind materials and services to support the CoC To maintain a neutral role in

facilitating council meetings staff representing the COG will not hold authority to vote on matters

placed before the CoC Board

2 UNIFIED FUNDING AGENCY The CoC will seek designation as a Unified Funding Agency from the US

Department of Housing amp Urban Development

3 MEETING PREPARATION CoC staff is responsible for meeting preparation which includes

a Locating reserving and preparing the meeting space b Sending meeting notice agendas and minutes to the CoC distribution list one week prior to the

meeting and a reminder one day prior to the meeting c Compiling background materials and staff reports d Planning Board meetings in collaboration with the Executive Committee e Taking attendance at meetings and f Providing facilitation as needed

4 MINUTES CoC staff will serve as the CoC Board Administrator and prepare meeting minutes Minutes

will include a list of the members present motions proposals resolutions and orders proposed and their disposition the results of all votes and a vote by each member by name the substance of any discussions on any matter and reference to any document discussed at that meeting Minutes will be posted on the CoC website and distributed to the Board membership one week prior to the monthly meeting

5 RECORDS Pursuant to 24 CFR part 578103 and 24 CFR part 5785(b) staff will maintain CoC records to document compliance with HUD requirements including the following a Approved CoC governance charter that includes a written process to select the CoC board b Documentation of required reviews and updates including the annual charter review and review of

Board selection process every five years c CoC Board and committee rosters designating representation of sectors and subpopulations d Agendas and minutes of CoC Board committee subcommittee and workgroup meetings

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5

e Designation of a single Homeless Management Information System (HMIS) for the CoC f CoC applications for funds as set forth in 24 CFR part 5789 g Use of planning funds for eligible costs and other grant management documentation pursuant to 24

CFR part 57839 and h Completed and signed CoC conflict of interest forms required in Article III Section 5 of this charter

6 OTHER RESPONSIBILITIES CoC staff will maintain distribution lists distribute communications to CoC members and the community at large develop and maintain a CoC webpage support CoC committees and workgroups produce and submit applications for funds and perform other duties as assigned by the CoC Board to support the CoC

D CoC COLLABORATIVE COMMITTEE 1 PURPOSE The purpose of the CoC Collaborative Committee is to assist the Board in accomplishing the

responsibilities of the Continuum of Care as described in Article IV

2 MEMBERSHIP Participation in the Continuum of Care is open through the CoC Collaborative Committee to interested organizations and to interested individuals representing the community at large Member agencies will be responsible for identifying CoC representatives Participating agencies may have more than one person identified as a CoC representative Homeless and formerly homeless people are encouraged and supported to participate A roster of CoC Collaborative Committee participants will be maintained and posted on the CoC website

3 VOTING Each member organization and community at large member who has participated in at least two (2) meetings in the preceding twelve (12) months after the initial year of CoC operations shall have one vote at subsequent meetings on each matter submitted to a vote of CoC members To the maximum extent possible committee meetings shall operate on a consensus basis However members can request a majority vote on specific issues Agencies with more than one representative in attendance will determine in advance which representative will vote In all cases each member organization has only one vote

4 RESIGNATION Member agencies may resign from the CoC Collaborative Committee by sending a

written communication to CoC staff

5 CO-CHAIRS The CoC Board will appoint co-chairs to facilitate CoC Collaborative Committee meetings based on nominations from the CoC Collaborative Committee One co-chair will represent the public (governmental) sector and the other will represent the private (nongovernmental) sector Co-chairs will serve for two-year terms and may be reappointed by the Board

5 RECRUITMENT AND OUTREACH The CoC Board will publish and disseminate an open invitation at least annually for those within the CoC area to join as new CoC Collaborative Committee members CoC staff will document recruitment efforts The CoC Board will identify and address membership gaps in essential sectors and will recruit so that membership requirements are being met pursuant to 24 CFR part 5787 Outreach will be conducted to obtain representation from the following groups listed in 24 CFR part 5785(a)

a Nonprofit homeless assistance providers b Victim service providers c Faith-based organizations d Governments

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6

e Businesses f Advocates g Public housing agencies h School districts i Social service providers j Mental health agencies k Hospitals and health care organizations l Universities m Affordable housing developers n Law enforcement o Organizations that serve veterans p Homeless and formerly homeless individuals and q Other relevant organizations within the CoCrsquos geographic boundaries such as organizations and coalitions that serve unaccompanied youth employment councils substance abuse providers and early learning hubs

E COMMITTEES AND WORKGROUPS 1 STANDING COMMITTEES AND WORKGROUPS The CoC Board will appoint members representing

organizations participating in the CoC Collaborative Committee to the standing committees and workgroups listed in this section as E1 a through d The Board will also designate chairs or co-chairs to facilitate committee or workgroup meetings CoC staff will be assigned to take notes at committee and workgroup meetings and assure that CoC policies and processes are followed CoC staff will also maintain lists of committee and workgroup membership and post the lists to the CoC webpage a PERFORMANCE AND EVALUATION COMMITTEE The Performance and Evaluation Committee shall

review and recommend to the Board the policies timelines and scoring tools for application review and ranking process as part of the Continuum of Care competition for funds The Performance and Evaluation Committee shall also be responsible for monitoring and reviewing CoC-funded projects and general system performance The Performance and Evaluation Committee shall make recommendations to the CoC Board to improve system performance with input from the CoC Collaborative Committee Members of this committee may not have a conflict of interest described in Article III and may not be recipients of HUD funds i The CoC Board will appoint a subcommittee of not fewer than five (5) Performance and

Evaluation Subcommittee members to review and rank project applications during the annual process described in Article IV Section E

ii The Board will strive to appoint subcommittee members who are knowledgeable about homelessness and housing in the region and representative of relevant sectors subpopulations and geographic areas of the region

iii Subcommittee members must have completed conflict of interest forms on file with CoC staff affirming that they are not employees or do not have a business relationship or other conflicts of interest as described in Article III

iv Subcommittee members must be willing to dedicate time for application review and subcommittee meetings during the application process

b COORDINATED ENTRY COMMITTEE The Coordinated Entry Committee creates the policies and

procedures for the CoCrsquos coordinated entry system The committee is also responsible for monitoring the progress of organizations implementing coordinated entry to ensure it is functioning effectively arranging for technical assistance to participating organizations and recommending changes as necessary The committee shall recruit agencies for participation in coordinated entry

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7

c HMIS USERS WORKGROUP The HMIS Users Workgroup consists of representatives from organizations using the Homeless Management Information System (HMIS) The workgroup is co-chaired by the HMIS Lead organization or its designee and the HMIS Designated Coordination Entity as described in Article IVB2 The workgroup shall monitor the progress of organizations using HMIS develop strategies for improving HMIS ease of use troubleshoot data reporting and data quality issues and review and make recommendations on HMIS policies and protocols to the HMIS Lead HMIS Coordination Entity and CoC Board

d POINT-IN-TIME COUNT WORKGROUP The Point-in-Time Count workgroup shall work with the

HMIS Coordination Entity named in Section D2 to organize and conduct the Point-in-Time count including recruitment training and support of volunteer outreach workers for the event

2 SPECIAL COMMITTEES AND WORKGROUPS The Board may authorize the formation of special

committees or workgroups as necessary to deal with specific problems or issues as the Board believes appropriate The Board will appoint members to special committees and workgroups These special committees or workgroups will be time limited and be provided a scope of work from the Board Special committees and workgroups will report their findings and recommendations to the Board upon request or upon the conclusion of their work

3 EXECUTIVE COMMITTEE The Executive Committee is composed of the chair vice chair and at least

three additional Board members The committee works closely with staff to guide the work of the CoC Board Committee members may not serve on the Performance and Evaluation Committee Committee responsibilities include the following a Prepare meeting agendas and ensure matters are ready for Board meetings b Act on matters when authority has been delegated by the full Board to do so and c Act on time sensitive administrative matters that require a decision between Board meetings with

notice provided to all Board members prior to taking action and with the action(s) to be ratified at the next Board meeting Time sensitive administrative matters include but are not limited to required municipal state or federal reports and letters of support associated with grant applications Action will not be taken under this subsection if any Board member notifies the Board Chair of the members objection prior to the Executive Committees action on a time sensitive matter

4 APPEALS COMMITTEE The Board may appoint a committee of three (3) Board members to review and

make appeal decisions during the application process described in Article IV Section E Those appointed to the Appeals Committee may not have participated in the rank and review process must have signed conflict of interest forms on file with CoC staff and must affirm upon committee appointment that they do not have conflicts of interest with agencies applying for CoC Program funding In the alternative the Board may also delegate this responsibility to the Executive Committee

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8

ARTICLE III CONFLICT OF INTEREST AND CODE OF CONDUCT

NUUM OF CARE GOVERNANC A CONFLICT OF INTEREST

1 GENERAL PROVISIONS A conflict of interest is a situation in which a CoC Board member or one of his or her family members has a personal or financial interest that compromises or could compromise the Board or committee memberrsquos independence of judgment in exercising his or her responsibilities to the CoC It is the position of this CoC that conflicts of interest shall not compromise the CoCrsquos work and that even the appearance of a conflict shall be avoided in all circumstances

2 ADHERENCE TO CONFLICT OF INTEREST POLICY CoC Board and committee members are expected to adhere to the CoC Conflict of Interest Policy which requires the member to minimize conflicts of interest disclose ethical legal financial and other conflicts and remove themselves from decision-making if they would otherwise be called on to act on a conflict involving themselves their family members or entities with which they or their family members are closely associated Under the policy Board members are required to disclose actual or potential conflicts of interest as well as certain relationships and transactions No CoC Board member may participate in or influence discussions or resulting decisions concerning the award of a grant or other financial benefits to the organization that the member represents pursuant to 24 CFR part 57895

3 DEFINITIONS The CoC will assure that Board and committee members acknowledge the federal and state definitions of conflict of interest and are in full compliance with state and federal law a Conflict of Interest definitions aligning with federal statute are

i Conflict of Interest generally means a situation in which a Board member or his or her immediate family member has directly him- or herself or indirectly through another individual or entity a personal or financial interest that compromises or could compromise the Board memberrsquos independence of judgment in exercising his or her responsibilities to the CoC

ii Prohibited Conflict of Interest means a conflict of interest that would prevent a Board member from serving on the Board or participating in any of the Board activities A Board member who has a potential or actual Prohibited Conflict of Interest must resign from the Board Prohibited Conflicts of Interest include CoC compensation and employment loans federal employee status use of CoC equipment facilities assets or staff time for non-CoC purposes and acceptance of gifts gratuities favors or anything of monetary value

iii Issue-Specific Conflict of Interest means a conflict of interest that would prevent a Board member from voting on or being present during the discussion of a specific issue such as votes on contracts and CoC leadership

b Oregon Revised Statutes Chapter 244 defines actual and potential conflict of interests for members

of public bodies No Board or committee member shall participate in a decision in which he or she has a private pecuniary interest Affected members shall disqualify themselves from participation by written notification to the Board as required by ORS 244120

i A potential conflict of interest exists when a Board or committee member takes an action that

reasonably could be expected to have a financial impact on that member a relative or a business with which the member or members relative is associated The member may participate in an action after declaring the potential conflict and announcing its nature

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9

ii An actual conflict of interest exists when an action is reasonably certain to result in a special benefit or detriment to the member a relative or a business with which the member or members relative is associated The member will declare the actual conflict and announce its nature The member must then refrain from taking any official action except when the members vote is necessary to achieve a quorum When a vote is necessary to achieve a quorum the member may vote but may not participate in any discussion or debate on the issue out of which the actual conflict arises

4 PENALTIES A Board member who purposefully conceals a conflict of interest refuses to recuse him- or

herself from voting or engages in other conduct that violates the CoC Conflict of Interest policy will be subject to removal from the Board

5 ANNUAL DECLARATION Board and committee members are to annually receive a copy of the CoC Conflict of Interest Policy sign the CoCrsquos Conflict of Interest form and submit the form to CoC staff

B B CODE OF CONDUCT 1 GENERAL PROVISIONS CoC members are expected to observe the highest standards of ethical conduct

in the execution of their responsibilities to conduct themselves with courtesy and respect and to refrain from harassment intimidation discrimination and physical or verbal abuse

2 CONFIDENTIALITY CoC members must respect and maintain the confidentiality of sensitive information

they may gain from their association with the CoC This may include personal information about community members experiencing homelessness

3 RESPONSIBILITY AND INTEGRITY In the performance of their duties CoC members are expected to carry out CoC duties to the best of their abilities and to maintain the highest standards of integrity for actions with other CoC members including CoC Board members service providers service recipients and members of the general public CoC Board and committee members shall put forth honest effort in the performance of their duties to advance the CoCrsquos mission exercising sufficient control and supervision over matters for which they are individually responsible and should not do anything to bring the full CoC or its members into disrepute

4 MISUSE OF POSITION Misuse of position is prohibited A CoC member must not use his or her position with the CoC for personal gain or for the benefit of family or friends

5 COMMUNICATIONS CoC members shall make clear when communicating publicly or with the media whether they are speaking in their own name on behalf of their agency or organization or on behalf of the CoC if the CoC Board has empowered them to speak on the CoCrsquos behalf

6 WASTE FRAUD AND ABUSE CoC members shall disclose waste fraud abuse and corruption in the operation of the Continuum of Care to appropriate authorities

7 EQUAL OPPORTUNITY CoC Board members shall adhere to laws and regulations that provide equal opportunity for all people regardless of race color religion gender identity national origin ethnicity sexual orientation age or disability

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10

8 PENALTIES This Code of Conduct will be distributed annually to CoC members Members in violation of any portion of this Code of Conduct will be subject to disciplinary action which could include immediate termination from the CoC Board or CoC committees

9 ANNUAL DECLARATION Board members are to annually receive a copy of the Code of Conduct acknowledge receipt by signing a form and submit a copy of the signed form to CoC staff

O ARTICLE II CONTINUUM FCARE GOVERNANCE STRUCTURE

ARTICLE IV OPERATING THE CONTINUUM OF CARE

A CoC RESPONSIBILITIES The CoC Board is responsible for assuring that the following responsibilities are accomplished with broad participation from CoC stakeholders

1 Hold meetings of the full membership with published agendas at least semi-annually pursuant to 24 CFR part 5787(a)(1)

2 Make an invitation for new members to join the CoC publicly available within the geographic area at least annually pursuant to 24 CFR part 5787(a)(2)

3 Adopt and follow a written process to select a board to act on behalf of the CoC The process must be reviewed updated and approved by the CoC at least once every five (5) years pursuant to 24 CFR part 5787(a)(3)

4 Appoint additional committees subcommittees or workgroups pursuant to 24 CFR part 5787(a)(4)

5 In consultation with the Collaborative Applicant and HMIS Lead develop follow and update annually a governance charter which will include all procedures and policies needed to comply with Subpart B of part 5787 and with HMIS requirements as prescribed by HUD and a code of conduct and recusal process for the board its chair(s) and any person acting on behalf of the board pursuant to 24 CFR part 5787(a)(5)

6 Consult with recipients and subrecipients to establish performance targets appropriate for population and program type monitor recipient and subrecipient performance evaluate outcomes and take action against poor performers pursuant to 24 CFR part 5787(a)(6)

7 Evaluate outcomes of projects funded under the Emergency Solutions Grants (ESG) program and the CoC program and report to HUD pursuant to 24 CFR part 5787(a)(7)

8 In consultation with recipients of Emergency Solutions Grants program funds within the geographic area establish and operate either a centralized or coordinated assessment system that provides an initial comprehensive assessment of the needs of individuals for housing and services The CoC must develop a specific policy to guide the operation of the centralized or coordinated assessment system on how its system will address the needs of individuals and families who are fleeing or attempting to flee domestic violence dating violence sexual assault or stalking but who are seeking shelter or services from nonvictim service providers This requirement along with requirements established by HUD by notice is pursuant to 24 CFR part 5787(a)(8)

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11

9 In consultation with recipients of Emergency Solutions Grants program funds within the geographic

area establish and consistently follow written standards for providing CoC assistance as further described in 24 CFR part 5787(a)(9)

10 Designate and operate a single Homeless Management Information System (HMIS) for the geographic area including designating a single system and an HMIS lead reviewing revising and approving a privacy plan security plan and data quality plan for the HMIS ensuring consistent participation of recipients and subrecipients in the HMIS and ensuring that the HMIS is administered in compliance with HUD requirements pursuant to 24 CFR part 5787(b)

11 Develop a CoC plan that includes coordinating the implementation of a housing and service system that meets the needs of homeless individuals including unaccompanied youth and families The system shall include at a minimum outreach engagement assessment shelter housing supportive services and prevention strategies pursuant to 24 CFR part 5787(c)(1)

12 Plan for and conduct at least biennially a Point-in-Time Count of homeless persons within the geographic area as described in 24 CFR part 5787(c)(2)

13 Conduct an annual gaps analysis of the homeless needs and services available within the geographic area pursuant to 24 CFR part 5787(c)(3)

14 Provide information required to complete the Consolidated Plan(s) within the CoCrsquos geographic area pursuant to 24 CFR part 5787(c)(4)

15 Consult with state and local government Emergency Solutions Grants program recipients within the CoCrsquos geographic area on the plan for allocating Emergency Solutions Grants program funds and reporting on and evaluating the performance of Emergency Solutions Grants program recipients and subrecipients pursuant to 24 CFR part 5787(c)(5)

16 Prepare an application for funds that includes a collaborative process in response to a Notice of Funding Availability (NOFA) published by HUD under 24 CFR part 57819

17 OF THE COC AND THE COC BOARD

B CoC REPORTS The CoC Board shall approve the following reports and documents prior to releasing such reports and documents to the community

1 CoC Program Project Priority List 2 Inventory of Homeless Services 3 Annual or Biennial Point-in-Time Count Report 4 Housing Inventory Chart 5 Longitudinal Systems Analysis (LSA) and 6 Homeless Coordinated Entry System Report

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12

C CoC CORRECTIVE ACTIONS PROCESS 1 ANNUAL PROGRAM REVIEW CoC funded programs or projects will be reviewed by the Performance

and Evaluation Committee annually with findings reported to the CoC Board 2 RESPONSES TO IMPROVE PROGRAM PERFORMANCE

a Should the Board determine that a program is not meeting established performance measures staff will notify the program or project in writing The organization overseeing the program or project will have the opportunity to provide additional performance information within 30 days of receipt of the CoC notification

b If the program or projectrsquos performance is related to certain items as determined by the CoC Board such as late Annual Performance Report submissions unused funding low utilization low exits to permanent housing low scores on income measures or alignment of program participation with wait list protocols the CoC Board may place a program on probation to improve its performance

c During the probationary period the CoC will enter into a Performance Improvement Agreement with the program or project needing improvement listing specific expectations and timeline

d CoC staff will facilitate technical assistance as needed and available as part of the Performance Improvement Agreement The organization overseeing the program or project is responsible for requesting specific assistance in low-scoring performance areas and requesting clarifications from the CoC about performance measures and expectations

e The length of the probationary period will be proposed by the Performance and Evaluation Committee negotiated by CoC staff and approved by the CoC Board Extensions may be requested for extenuating circumstances and are subject to Board approval If the program or project does not fulfill the agreed-upon expectations included in the Performance Improvement Agreement the Board may reduce funding or ranking may reject future applications from that program or project for HUD CoC Program funds or other remedies approved by HUD

D DESIGNATING AND OPERATING A HOMELESS MANAGEMENT INFORMATION SYSTEM

1 HMIS PURPOSE The primary purpose of the CoCrsquos Homeless Management Information System (HMIS) is to aggregate data on homelessness across Marion and Polk counties to accurately describe the regionrsquos scope and evaluate the effectiveness of efforts to reduce and end homelessness The CoC uses HMIS to a Understand the characteristics and service needs of homeless people b Analyze how homeless people use services c Evaluate program effectiveness and outcomes d Improve access to and delivery of services for people experiencing homelessness and e Strengthen community planning and resource allocation

2 DESIGNATED HMIS ROLES Oregon Housing amp Community Services (OHCS) is designated as the HMIS Lead AgencyAdministrator Portland Housing Bureau is the vendor that provides the licensed software for the HMIS system Mid-Willamette Community Action Agency is designated as the CoC regionrsquos HMIS Coordination Entity designated by the HMIS Lead to coordinate data collection and data analysis for the region The CoC Board oversees the work of the HMIS partners

3 HMIS DECISIONMAKING AUTHORITY HMIS decisions which affect local CoC operations are made by the

HMIS Administrator in consultation with the HMIS Users Workgroup and HMIS Coordination Entity HMIS decisions which affect CoCs participating in statewide HMIS implementation will be made by the Northwest Social Services Connections Committee with representation from each CoC in Oregon The

Page 76 of 81

13

HMIS Lead will keep CoC staff informed of issues and decisions and will provide a summary of key decisions to the CoC Board at least annually

4 HMIS LEAD RESPONSIBILITIES Oregon Housing amp Community Services as HMIS Lead works closely with

the CoC and is responsible for maintaining the CoCrsquos HMIS system in compliance with HUD standards OHCS is responsible for coordinating the following activities a Providing operation security maintenance system auditing and technical support of HMIS central

hardware software and connectivity b Executing a written HMIS Participation Agreement with each Contributing HMIS Organization (CHO)

which includes the role obligations and authority of the HMIS Lead and the organization and requirements to comply with security privacy and data quality plans

c Setting up and managing user accounts access levels and passwords d Providing technical and user support for HMIS software including agency account set-up system

monitoring and testing problem diagnosis and resolution and routine software and information maintenance

e Providing and coordinating ongoing training and technical support for the system f Ensuring consistent HMIS participation by CoC and Emergency Shelter Grant (ESG)recipients and

subrecipients g Maintaining and updating a Privacy Plan Security Plan and Data Quality Plan h Ensuring the accuracy of data including regularly assessing that all participating agencies are

accurately and comprehensively capturing participant entry and exit dates and providing technical assistance to correct data quality challenges

i Coordinating regular end user meetings ie HMIS Users Workgroup meetings to discuss software updates data entry report writing and system management issues

j Serving as point of contact for end user questions and concerns k Assessing compliance with the CoCrsquos HMIS Policies and Procedures Manual l Maintaining contact with the software product developer to ensure consistent and uniform

communication among product support personnel and the community m Generating information on the communityrsquos homeless and housing situation for community

planning advocacy and funder reporting requirements n Assisting end users in the creation of custom reports and queries o Providing regular aggregate data reports to participating agencies CoC staff and the CoC Board p Reviewing and implementing product upgrades q Completing the Annual Homeless Assessment Report r Conducting regular data quality checks and providing reports to the CoC Board and s Serving as the applicant to HUD for grant funds to be used for HMIS activities for the CoCrsquos

geographic area as approved by the CoC Board

5 PROVIDER PARTICIPATION Any organization within the CoC geographic region that receives Continuum of Care Program and Emergency Solutions Grant (ESG) funds must participate in HMIS as a Contributing HMIS Organization (CHO) In addition the CoC encourages all providers of services to homeless individuals and families within the CoC geographic area regardless of whether they receive CoC or ESG funds to become a CHO and include their data in HMIS

6 HMIS MANUAL To ensure compliance with HUD requirements the HMIS Lead in collaboration with the

HMIS Coordination Entity HMIS Users Workgroup and other stakeholders is responsible for developing and annually reviewing and updating the CoCrsquos HMIS Policies amp Procedures Manual The manual provides the framework for the ongoing operations of the HMIS system It includes the CoCrsquos privacy data quality and security plans for the HMIS system At any time the HMIS Lead HMIS Coordination Entity HMIS Users Workgroup or CoC Collaborative Committee may identify elements of policies or

Page 77 of 81

14

procedures or other HMIS-related plans that need to be revised Recommendations for revisions are to be submitted to the HMIS Lead The HMIS Lead will present the HMIS Policies amp Procedures Manual to the CoC Board annually or more frequently if significant substantive changes are proposed

E PREPARING AN APPLICATION FOR FUNDS 1 PURPOSE A major function of the Continuum of Care is to prepare and oversee the applications for CoC

funds administered by HUD under the McKinney-Vento Homeless Assistance Act The CoC Program is designed to assist individuals and families experiencing homelessness and to provide the services needed to help them move into housing with the goal of long-term stability The CoC Program funds important housing and services programs such as permanent housing (including permanent supportive housing and rapid re-housing) transitional housing and supportive services programs HUD CoC Program funds are granted annually based on a national competition following the release a Notice of Funding Availability (NOFA) Recipients of Emergency Solutions Grant funds another homeless assistance grant administered under the McKinney-Vento Act are required by HUD to coordinate with the CoC The CoC addresses that requirement through coordinating with the ESG review and ranking process and ESG scoring tool development

2 COLLABORATIVE APPLICANT The Mid-Willamette Valley Council of Governments (COG) is designated as

the CoC Collaborative Applicant and is responsible for leading and supporting all aspects of the annual HUD CoC NOFA application process including submission of the Consolidated Application

3 PROJECT REVIEW PROCESS

a Immediately after HUDrsquos Continuum of Care Program NOFA is released the Collaborative Applicant will coordinate and carry out the activities needed to successfully submit a Consolidated Application on behalf of the CoC

b Tasks required for project review in preparation for NOFA submission include the following

i Prior to the NOFA release the Collaborative Applicant will develop a draft timeline for the NOFA process and design scoring tools and any corresponding local application materials to assist in the review and ranking of renewal and new project applicants Review and ranking materials will take into consideration both local and HUD priorities

ii Scoring tools and the draft timeline will be reviewed by the Performance and Evaluation Committee and recommended to the CoC Board for approval

iii Upon publication of the NOFA the Collaborative Applicant will schedule and publicize a date and time for a Technical Assistance Workshop and finalize the timeline and priorities for the NOFA process

iv Applicants may participate in the Technical Assistance Workshop At the workshop the Collaborative Applicant will present an overview of the NOFA and the process for reviewing and ranking applications The orientation will describe HUD application requirements supplemental local application materials the scoring tool and applicable deadlines and dates Applicants will also have an opportunity to ask questions The CoCrsquos NOFA timeline and application materials will be posted in the CoC webpage

v Applicants will complete and submit application materials by the established deadline vi Late applications will not be accepted vii As an exception to Article IVD3bvi applicants with significant extenuating circumstances may

submit a petition to CoC staff for an extension Extensions require the approval of the CoC Board or the CoC Executive Committee if delegated the authority for this purpose by the Board It is anticipated that exceptions will be granted in very rare circumstances and not applied in

Page 78 of 81

15

situations where advance planning could have resulted in the application being submitted timely

viii Incomplete applications cannot be supplemented with more information or materials to reach a level of completeness once submitted to the CoC for review and ranking but must be completed prior to HUD submission if selected for funding

ix A subcommittee of the Performance and Evaluation Committee is appointed by the CoC Board to review and rank project applications as described in Article II Section E Subcommittee members receive and review application and scoring materials prior to the subcommittee meeting in preparation to score each programrsquos application

x The subcommittee of the Performance and Evaluation Committee meets to jointly discuss and critique each application and may interview applicants as part of the meeting If applicant interviews are included in the review process all applicants must have the opportunity for an interview After discussion and any applicant interviews subcommittee members individually score applications based on the scoring tools

xi A preliminary ranked list is created by the following procedures (a) A ranked list is prepared based on a composite of raw scores for each application (b) Applications that do not meet certain threshold requirements as detailed on the scoring

tool will not be included on the ranked list (c) If the NOFA makes available bonus funds in a program area the highest scoring eligible

projects will be designated for bonus funding in those relevant program areas xii The CoCrsquos goals for priority funding are to promote high-performing projects in alignment with

community and federal priorities Scoring tools will reflect the communityrsquos implementation of local and federal priorities as determined by the CoC Board

xiii Scores and subcommittee feedback on applications are sent to applicants along with a reminder of the appeals process and deadline by the established deadline

4 REALLOCATION OF FUNDS HUD encourages CoCs to reallocate funds from projects with substandard

performance to higher priority community needs that also align with HUD priorities and goals Prior to the release of the NOFA the Performance and Evaluation Committee facilitates a reallocation discussion in consultation with the CoC Collaborative Committee and CoC Board Scenarios for potential reallocation decisions based on the CoCrsquos gaps analysis and strategic plan are provided to the Performance and Evaluation Subcommittee to consider during the ranking process Final reallocation decisions are approved by the CoC Board

5 APPEALS a APPEALS COMMITTEE As described in Article II Section E appeals are considered by the Appeals

Committee or Executive Committee as designated by CoC Board The Appeals Committee will be established only if an applicant requests an appeal

b ELIGIBILITY TO APPEAL Eligible applicants have the opportunity to appeal both their scores and

preliminary rankings prior to the ranked list being finalized and approved by the CoC Board i The following applicants are eligible to appeal

(a) An applicant that receives less funding than applied for (b) An applicant that is ranked below Tier 1 (c) An applicant that is ranked in the bottom third of Tier 1 (d) An applicant that believes its score is not reflective of the application information provided

or (e) An applicant that can describe bias or unfairness in the process that warrants the appeal

ii Applicants that have not met the threshold requirements are not eligible to appeal

Page 79 of 81

16

c APPEALS PROCESS i Appeals must be received in writing with supporting documentation by the established

deadline ii Notices of appeal must be based on the information submitted by the application deadline No

additional or new information will be considered iii The notice of appeal must include a written statement specifying in detail the grounds and

rationale asserted for the appeal iv Valid appeals will be read reviewed and evaluated by the Appeals Committee that will meet to

consider and deliberate appeals based on the applicantrsquos appeal statement and the application materials that the applicant originally submitted to the CoC

v The Appeals Committee will make modifications to the preliminary list based on the results of the appeals process Appeals Committee decisions must be supported by a 23 majority vote

vi The appealing agency will receive a written decision of the Appeals Committee within two (2) business days of the Appeals Committee meeting

vii Appeals Committee decisions result in the final prioritized list submitted for approval to the CoC Board

6 FINAL PRIORITIZED LIST OF APPLICATIONS

a A final ranked project list is submitted to the CoC Board for review and approval after appeals have been determined and the Appeals Committee has made any modifications to the preliminary prioritized list Any Board member with a conflict of interest must recuse himself or herself from all related discussions and abstain from voting on the final priority list As stated in Article II Section A and Article III Board members with conflicts of interest are subject to removal from the Board

b The Collaborative Applicant submits the CoCrsquos approved Consolidated Application to HUD prior to the HUD NOFA deadline

c Conditional award funding is typically based upon the prioritized list of Project Applicants that is submitted however actual awards and award amounts are determined by HUD

ARTICLE V CHARTER AMENDMENTS

1 PROCESS This governance charter may be amended at any CoC Board meeting by a 23 majority vote of the appointed voting Board membership Copies of proposed amendments will be available for review at least one week prior to the Board meeting at which the proposed amendments are considered The Board will seek prior review and recommendation by the CoC Collaborative Committee of any amendments to the charter unless circumstances require an immediate change In the latter situation CoC staff will provide an explanation of the circumstances and provide opportunity for comments and input prior to and as part of the Board meeting

2 FREQUENCY OF REVIEW The CoC Collaborative Committee and Board will review this charter annually

Page 80 of 81

PENDING CITY COUNCIL AGENDA ITEMS 04092020

APRIL 14 2020 - 630 PM APRIL 28 2020 - 630 PM

Agenda items due 1000 am 040920 Agenda items due 1000 am 042320

raquo Hearing amp ord Code changes (comm stds) (Fred)

raquo OLCC appl - The Tap Station (Hedlund) raquo Ordinance - code changes (HPC)

raquo Cherriotts Bus Stop Parking (Kie) raquo Liquor licensing policy

raquo Homeless Alliance IGA (Tom) raquo Alcohol concessions contract (Tom)

raquo AXON contract (Bob) raquo Event Center contract (TomShawn)

raquo Res 1526 USDA grant application (Shawn) raquo Info Report 3Q Finance Report (Gloria)

raquo raquo F Street Design RFP Selection (Kie)

raquo raquoraquo raquo MinutesNotesPACTracking Log

raquo raquo Liaison Reports MINET Park amp Rec

raquo MinutesNotesPACTracking Log and Planning

+ Urban Renewal Agency if needed + Urban Renewal Agency if neededMAY 12 2020 - 630 PM MAY 26 2020 - 630 PM

Agenda items due 1000 am 050720 Agenda items due 1000 am 052120

raquo Parking ordinance update review raquoraquo Arbor Day proclamation raquoraquo TSP Consultant presentation raquoraquo Museum presentation (Carly) raquoraquo Lot 7 DDA (ShawnTom) raquoraquo raquo MinutesNotesPACTracking Log

raquo raquo Liaison Reports Library WIMPEG

raquo MinutesNotesPACTracking Log and Museum Commission

+ Urban Renewal Agency if needed + Urban Renewal Agency if neededJUNE 9 2020 - 630 PM JUNE 23 2020 - 630 PM

Agenda items due 1000 am 060420 Agenda items due 1000 am 061820

raquo raquo Budget Adoption

raquo raquoraquo raquoraquo raquoraquo raquoraquo raquo MinutesNotesPACTracking Log

raquo raquo Liaison Reports Traffic Safety Historic Preservation

raquo MinutesNotesPACTracking Log and Independence Days

+ Urban Renewal Agency if needed + Urban Renewal Agency if neededFuture Items City Council LiaisonsIndpMonm IGA re MINET (City Mgr) Historic Preservation Commission Councilor Takacs2019 Transportation financing discussion (unf bsn) Hop amp Heritage Block Party Councilor CorrDuplex ADU worksession HPC worksession Independence Days Commission Councilor CorrJan 2021 - 9th St Sewer projects bid award (kie) Library Board Councilor MortonOverlay project award (Winter 2020) (Kie) MINET Councilor HicksF St Construction Award Museum Advisory Board Councilor MortonHoffmanGun club intersection project (wk ssn) (Kie) Parks amp Rec Committee Councilor Martin-WillisPublic Hearing LA-04-2018 (HPC code update) (Fred) Planning Commission Councilor Martin-WillisOnstreet parking regulations (BobTom) Traffic Safety Commission Councilor TakacsSidewalk program (KieShawnTom) WIMPEG Councilor Ranstrom-Smith(IMC) update Building Codes provisions

Budget MeetingsMar 25 Budget Committee Orientation (rescheduling TBA)May 6th Budget CommitteeMay 13th Budget CommitteeMay 20th Budget Committee (if needed)June 23rd Council - Budget Adoption

Page 81 of 81

  • Agenda
  • 31 March 24 2020
  • 61 Council Action Memo
  • 61 Cherriots Presentation
  • 71 Council Action Memo
  • 71 Tap Station OLCC application
  • 72 Council Action Memo
  • 72 AXON Proposal
  • 73 Council Action Memo
  • 73 Resolution 20-1526
  • 74 Council Action Memo
  • 74 Interim IGA
  • 74 COG Scope of Work
  • 74 MWHA Governance Charter
  • 91 04-09-2020
Page 6: City of Independence

Page 4 of 7 City Council Minutes 03-24-2020

Employees are taking many precautions social distancing is observed and a policy has been set Staff is telecommuting as much as possible

Communications Have appointed Sgt Lyle Gilbert as PIO he has had training for this We are going to be working with our local partners to get information out as much as we can Working on the website getting multiple pages available The website will always have the most current information

The Spanish-version website went live tonight We continue to work collaboratively with information releases Small businesses ndash take-out is available and we need to support them now

more than ever The hotel is open people are using it for their remote office Looking at potentially standing up the Emergency Operations Center The Vision 2040 meeting was a good diversion for all of us Advice is that even

in the worst times work on projects for the future something constructive The City continues toward a bright future

Councilor Morton asked if there was a moratorium on water shutoffs Pessemier said yes that we have committed to this to the beginning of May and will extend it as needed Also we will not apply late fees

6 UNFINISHED BUSINESS None

7 NEW BUSINESS71 Bid Award ndash Sunset Park Public Works Director Cottam summarized the Council memo as submitted in the agenda packet Staff is requesting the authority to award the contract for services for Sunset Park to the low bidder KampE Excavation in the amount of $9258000

ACTIONCouncilor Martin-Willis moved to award the contract for services for Sunset Park to KampE Excavation for $92580 and an allowance of $9258 for contingency and authorize the City Manager to execute the necessary contract documents Councilor Morton seconded Motion passed 5-0-0 AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

72 Bond Refinancing Finance Director Butsch summarized the Council memo as submitted in the agenda packet This would authorize the City Manager or designee to proceed with bond refunding of the MINET 2010 A and 2017 B bonds and SPWF Hoffman Rd loan when savings become beneficial to the city She noted there is some proposed legislation to help local governments lift moratorium on advance refundings if it happens it would give us a few more opportunities Discussion of motion Pessemier noted that formal council action would be needed this would enable staff to move quickly

ACTION Councilor Morton moved to authorize the City Manager or designee to proceed with refunding of any applicable bonds and loans when the market stabilizes and refunding provides sufficient savings Councilor Takacs seconded Motion passed 5-0-0

Page 6 of 81

Page 5 of 7 City Council Minutes 03-24-2020

AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

73 Release of Easement City Manager Pessemier summarized the Council memo as submitted in the agenda packet This would release an existing utility easement granted to the city as part of the Independence Landing project a new easement has been provided

ACTIONCouncilor Corr moved to declare the Public Utility Easement dated November 21 2018 and recorded December 6 2018 Instrument No 2018-014074 as abandoned and no longer in use by the City and authorize the City Manager to execute any documents necessary to release this easement in an executed and recorded Release of Easement Councilor Ranstrom-Smith seconded Motion passed 5-0-0 AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

74 Resolution 20-1524 Authorizing Grant Application Economic Development Director Irvine summarized the Council memo as submitted in the agenda packet This is for a grant application from the Oregon Parks amp Recreation Department for redevelopment of Riverview Park Proposing to utilize SDC funds for grant match

ACTIONCouncilor Ranstrom-Smith moved to approve resolution 20-1524 Authorizing a Grant Application to Oregon Parks amp Recreation Department Councilor Morton seconded Motion passed 5-0-0 AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

75 Resolution 20-1525 Authorizing Grant Application Economic Development Director Irvine summarized the Council memo as submitted in the agenda packet This is for a grant application from the Oregon Land amp Water Conservation Fund for redevelopment of Riverview Park Proposing to utilize SDC funds for grant match

ACTIONCouncilor Martin-Willis moved to approve Resolution 20-1525 Authorizing Application for a Local Government Grant from the Oregon Land amp Water Conservation Fund Councilor Takacs seconded Motion passed 5-0-0 AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

76 Council Bill 2020-02 Amends Independence Development Code File No LA-2019-04 Planner Evander summarized the Council memo as submitted in the agenda packet Staff is submitting the legislation that would amend the Independence Development Code as approved at the public hearing for Legislative Amendment

Page 7 of 81

Page 6 of 7 City Council Minutes 03-24-2020

LA-2019-04 at public hearing on February 25th

ACTION1st MOTION Councilor Morton moved to read the proposed Ordinance Council Bill 2020-02 in full as the text is contained in the Council packet for the first time Councilor Takacs seconded Motion passed 5-0-0 AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

City Recorder Johnson read the ordinance title

2nd MOTION Councilor Martin-Willis moved to read the proposed Ordinance Council Bill 2020-02 for the second time by title only Councilor Ranstrom-Smith seconded Motion passed 5-0-0 AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

City Recorder Johnson read the ordinance title

3rd MOTION Councilor Martin-Willis moved to adopt the proposed Ordinance Council Bill 2020-02 Councilor Takacs seconded Motion passed 5-0-0 AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

City Recorder Johnson announced the bill passed and will be assigned ordinance number 1576

Councilor Martin-Willis thanked Evander for his diligent and persistent work on this project

Mayor McArdle thanked staff for putting this meeting together appreciates all city staff to keep us moving forward

8 COUNCIL ANNOUNCEMENTS None

9 GENERAL INFORMATION Items submitted in the packet are for information only no action was required by city council

10 ADJOURN There being no further business to come before the council Councilor

Page 8 of 81

Page 7 of 7 City Council Minutes 03-24-2020

Martin-Willis moved to adjourn motion passed 5-0-0 AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

Meeting adjourned 719 pm

__________________________________MAYOR JOHN McARDLE

ATTEST

____________________________________Karin Johnson MMC City Recorder

Page 9 of 81

Page 10 of 81

555 South Main Street Post Office Box 7 Independence OR 97351

Phone 503838-1212 Fax 503606-3282 email kcottamciindependenceorus

[ ] Information Only [ X ] Action Requested

Statement of IssueStaff is requesting the authority to allow Cherriots Public Transportation services to install 12 new bus stops in Independence

BackgroundCherriots has made 2 previous presentations to council for new bus route and service one in June 2019 and one this year on February 25th Today is the final presentation and request for installation of 12 new bus stops

DiscussionThe city has committed to improving public transportation with several partners Cherriots Public Transportation is an important link to our neighboring cites in Polk County This new service will enter neighborhoods frequently to provide transportation alternatives We are asking council for permission to install yellow curb at these stops approximately 50rsquo is needed for the bus to safely load and unload riders That is the equivalent of 2 parking spaces per stop The stops were placed with taking the minimal amount of parking in mind Both the Public Works Dept and Police Dept inspected and approved every stop proposed We estimate that fewer than 16 parking spots will be needed city wide

Fiscal ImpactCherriots will install and paint the curbs yellow the city will then maintain the stops from the transportation dept funds I do not have an exact amount for maintaining the stops however impact will be minimal

Options1 Approval to allow Cherriots Public Transportation Services to install 12 new bus stops in Independence 2 Defer action requesting additional information3 Deny request

CITY OF INDEPENDENCEPUBLIC WORKS MEMORANDUM

TO Mayor and City Council FROM Kie CottamMEETING DATE 04092020

SUBJECT Cherriots Bus Route 45

Page 11 of 81

555 South Main Street Post Office Box 7 Independence OR 97351

Phone 503838-1212 Fax 503606-3282 email kcottamciindependenceorus

RecommendationSuggested MotionStaff recommends Option 1

Suggested Motion ldquoI move to authorize Cherriots Public Transportation Services to install 12 new bus stops in Independence at the locations as provided by Cherriots staffrdquo

AttachmentsA Cherriots Presentation

Memo prepared by Kie Cottam PW Director

Page 12 of 81

492020

1 1

Route 45 Bus Stop Parking RemovalsIndependence City Council Meetingndash April 14 2020By Ted Stonecliffe Transit Planner II

2

Introductionbull Public outreach completedbull Purpose of bus stop parking removal requestbull Responses to neighbor concernsbull Vehicle typebull Locations of bus stops proposedbull Next stepsbull Conclusionsbull Questions and answers

1

2

Page 13 of 81

492020

1 2

3

Public outreach completed

Public surveybull Conducted in-person outreach events and a six-week online

survey in Summer 2019City council appearances

bull June 2019 February 2020 April 2020

Property owners adjacent to new stopsbull Sent letters certified return receipt USPS mail to each

adjacent property ownerbull Door hangers placed on 160 doors in vicinity of on-street

parking removals and new bus stopsbull Website with all the details cherriotsorgNewRoute45

4

Purpose of bus stop parking removalsbull Buses must have direct access to the curb in order to

loadunload passengers safely especially in mobility devicesbull In order to comply with the Americans with Disabilities Act

(ADA)

Responses to concerns

bull Worked with neighbors on 4th Street to find a better southbound bus stop location

bull Eliminated northbound bus stop on 13th Street in response to neighbor complaint

bull Minimizing parking removals for E Street due to heavy on-street parking occupancy

3

4

Page 14 of 81

492020

1 3

5

Vehicle typebull 25-ft long 14 seats wheelchair lift-equippedbull Needs 50 feet of parking removed at each location

6

Route 45 bus stop locations in Independence (12 new 4 existing)

Monmouth Independence

5

6

Page 15 of 81

492020

1 4

7

Website examples of parking removals

E Street (between 10th and 11th ) Main Street Oak Street

8

Next Stepsbull Seek approval for stops and no-parking zones from three cities ndash

April amp May

bull Release bid package to potential contractors ndash June or July

bull Begin marketing new service at least 30 days in advance of launch

bull Install new stop poles amp signs ndash August

bull Launch new service September 2020

bull Continue marketing new service actively in September

7

8

Page 16 of 81

492020

1 5

9

Conclusionsbull Public outreach allowed public to weigh in on service

design and bus stop locationsbull Property owners have been notified of pending parking

removals by the citybull Removal of parking is necessary for the safety of the riding

public and to comply with the ADAbull Worked with community members and city public works

department to develop final planbull Request for parking removals for bus stops will come from

public works department (Kie Cottam)

10

Questions

9

10

Page 17 of 81

492020

1 6

11

11

Page 18 of 81

CITY OF INDEPENDENCE OREGONMEMORANDUM

TO Honorable Mayor and City Council

FROM Tom Pessemier City Manager

SUBJECT New Establishment Liquor License Applicant

DATE April 9 2020

Action Requested X Information Only

Statement of Issue

The Tap Station LLC DBA The Tap Station located at 87 N Main St has made an application with the Oregon Liquor Control Commission for Additional Privilege This license would allow the licensee to sell wine malt beverages and ciders for Off-Premises Consumption This application is submitted as a result of the recent restrictions put into place for licensed establishments regarding COVID-19 The additional license would allow The Tap Station to selldeliver their products to the consumer for off-premises consumption I have spoken to the OLCC regarding this and they are currently seeing a large increase in these applications and as a result are granting 90-day temporary authority at application with a requirement for follow-up reviewrecommendation by the local authority prior to final decisions or issuance

Background

In 1992 our City adopted resolution 881 which establishes criteria for screening liquor license applications The police department was assigned the task to do initial reviews of each liquor license application The police department then completes a staff report on those findings for the City Council review

Analysis

I have conducted a background investigation for The Tap Station as well as Christopher Ream and did not locate any issues I believe would hinder his operation of this business Christopher has owned and operated The Tap Station since he took over its ownership in the middle of 2019 with no issues or calls for service related to alcohol at the establishment

Fiscal Impact

Page 19 of 81

As of this date I do not know if the fees for this application have been paid

Options

1 Council may recommend approval for this establishment pending the payment of all city fees

2 Council may recommend denying the license for this establishment if reasonable grounds can be established

3 Council may impose an option of its own choosing

Recommended Motion

Option 1 I move to recommend approval of the above liquor license request pending payment of all fees

Attachments

Liquor license application for Additional Privilege

Memo Prepared by

Sergeant Justin Hedlund 46248

Page 20 of 81

reg Read ImportantOregon law requires that every applicant for a liquorlicense obtain a written recommendationfrom the governing body of the county if the place of business of the applicant is outside theincorporated city or from the city councilif the place of business of the applicant is within anincorporated city You must take the attached a lication forms to the a ro riategoverning body After the endorsement process is completed a representative from the city orcounty willcontact you to pick up the application You may deliver the application to the OLCCoffice or retain it until it is requested by the license investigator

Oregon Liquor Control Commission200 Hawthorne Avenue SE Suite Bmdash210Salem OR 97301

Questions Call (503) 378-4871

Page 21 of 81

OREGON LIQUORCONTROLCOMMISSION

LIQUORLICENSEAPPLICATION1 Application Do not includeany OLCCfees with your application packet (the licensefee willbe collected at a latertime) Application is being madefor

LicenseApplied For CITYAND COUNTYUSEONLYBrewery 1st LocationBrewery 2nd LocationBrewery 3rd Location

BrewerymdashPublicHouse 1st LocationBrewery-Public House Znd LocationBrewerymdashFublicHouse 3rd LocationDistillery

Date application received andordate stamp

Name of City or County

FullOn~Premises CommercialFullOnmdashPremisesCatererFull OnmdashPremisesPassenger Carrier

FullOn~Premises Other Public LocationFullOnmdashPremisesFor Profit Private Club

Recommends this license be

III Granted D Denied

FullOnmdashPremisesNonprofit Private Club By

Grower Sales Privilege 1st Location

E Grower Sales Privilege 2nd Location Datelsquo

Grower Sales Privilege 3rd Location OLCCUSEONLYLimited On~Premises

Dateapplictiop receivedOffmdashP lsquo

XI remises

Off-Premises with Fuel PumpsK

V lsquo

Warehouse

ByWholesale Malt Beverage amp Wine

Winery 1st Location LicenseAction(s)Winery Znd Location

Winery 3rd Location

Winery 4th Location He _ Winery 5th Location I IIraquo

2 ldentifythe app|icant(s) applyingforthe license(s) ENTITY(example corporation or LLC)or IND|VlDUAL(S)applyingfor the license(s)

__ raquomdash F7)lee leeSTPiTOs3LLC EmsectQEoCgcEm

(Applicant1) (Applicant2)w JUN

mt I

(Applicant3) (Applicant4) REU_w_lsquo _ -KJI

3 Trade Name ofthe Business (Name Customers Will See)

rdquozTrsigtsectT1rsquorIOlsquovlsquo)4 Business Address (Number and Street Address of the Location that will have the liquor license)

euro7 3 H-IMFraquo STCity ZipCelNraquoDeuroPtNDtNltE rsquoigtoLg 733i

County

OLCCLiquor License Application (Rev 1110)

Page 22 of 81

TtEliigtsectTlTOM5 Trade Name of the Business (Name Customers WillSee)

6 Does the business address currently have an OLCCliquor license E YESlNo7 Does the business address currently have an OLCCmarijuana license EYESXJNO

VDTEOK318 MailingAddressPOBox Number Street Rural Route (where the OLCCwillsend your mail)

City

sectPxE

State

GELZip Code

973019 Phone Number of the Business Location

Btu3amp3 I 17w10 EmailContact for this Application

xxoLtCoIVi11 Contact Person for this Application

Otilsect ilElsquotM

VierctP one Number

OmrsquoSlWtCW3rsquoContact Persons Mailing Address (if different)

701eatevtao we seCity

Sltuim

State Zip Code

OR 0tlsquoIsect07__

Please note that liquor license applications are public records A copy of the application will be posted on the OLCC

website for a period of several weeks

I understand that marijuana (such as use consumption ingestion inhalation samples give-away sale etc) isprohibited on

the licensedpremises

I attest that allanswers on all forms documents and information provided to the OLCCare true and complete

Applicant Signatu rels)

- Each individual person listed as an applicant must sign the application

0 if an applicant is an entity such as a corporation or LLCat least one person who is authorized to sign for the entity

must sign theapplication- A person with the authority to sign on behalf of the applicant (such as the applicants attorney or a person with

power of attorney) may sign the application Ifa person other than an applicant signs the application please

wideroo fsignatureauthority

(A (Applicant2)

(App|icant3) (App|icant4)

otcc Liquor License Application (Rev 11201

Page 23 of 81

OREGON LIQUOR CONTROL COMMISSION

BUSINESS INFORMATION

Please Print or Type

Applicant Name ItET9 StPtT1gtsectgt Phone euroL FZFIVITrade Name (dba) THETAP 3 Tioixs

Business Location Address

City BEPEHDEMCF ZIP Code Ci73sectl

DAYSAND HOURS OF OPERATION

Business Hours Outdoor Area HoursSunday 7mdash- to E2314 Sunday

toMondairsquo __i T0_m MondayTU95daY A I0 E TuesdayWednesday i to WednesdayThursday 3 to

EIFriday __L to __jSaturday IS to I

The outdoor area is used for

KlsquoFood service

Aicohol service

Hours

to

area is adequately viewed andorused by Service Pennittees

(investigators Initials)

Seasonal Variations l31YesEl No if yes explain USEH-qkxig LQ1+JTiZHOOKZRuse Co-mgt-q HRS QceemdashClsquonpoundboeuroeuroeuroJiigtmecent HDUKB

ENTERTAINMENT Check anthat app|y DAYS amp HOURS OF LIVE OR DJ MUSIC

MLive Music E Karaoke

tE Recorded Music D CommdashoperatedGames sectrj3 tgDJ Music B Video Lottery Machines Tuesday to

Wednesday toD Dancing WSocial Gaming Thursday SIDSFriday g to D Nude Entertainers D Pool Tables Saturday 3 to I

D Other

SEATINGCOUNT

Restaurant Outdoor grCraquo OLCC USE ONLY

lsquobk Investigator Veried Seating__(Y) __(N)

Lounge _pound_ Other (explain)mvasgamllnmms

I

lsquo

Banquet Total Seating Date

I understand if my answei7euro)ote a complete the OLCC may deny my license application

Applicant SignatureU

-lsquo Date 3 Z3 lsquoT Z0101-800-452-OLCC (6522)

wwworegongovolcc yrsldquo 1207)Page 24 of 81

555 South Main Street Post Office Box 7 Independence OR 97351

Phone 503838-1212 Fax 503606-3282 email tpessemierciindependenceorus

TO Mayor and City Council FROM City Manager Tom Pessemier MEETING DATE April 14 2020 SUBJECT Approval of 5-year sales contract for

AXON services [ ] Information Only [ X ] Action Requested Statement of Issue A 5-year sales contract with AXON for body-worn cameras Tasers and digital cloud-based storage with software interface is submitted for council consideration Background In 2014 the City of Independence started using body worn cameras in the police department We started by testing different platforms selecting AXON as our preferred provider then negotiated a 5-year contract which was partially grant funded Our current contract expires this month and we have negotiated a new contract for Council consideration Discussion Included in the contract being considered today AXON provides body cameras and Tasers for our officers and CSOrsquos training and training aids and Taser devices for our patrol staff to wear while on patrol These devices are covered under a warranty for the life of the contract as well as a provision for camera replacement around the half-way point of the contract to the newest technology available Certification training for our instructor to be certified to train our staff and other training materials are also included The sales contract also includes software and cloud storage of video The AXON platform which we currently use allows us the ability to transfer video directly to the DArsquos office or others electronically rather than having to build DVDrsquos of video which has saved our records department a lot of time It also provides the ability for citizens to upload video directly to our AXON cloud as well as video redaction capabilities which allows us to comply with Oregon law

CITY OF INDEPENDENCE MEMORANDUM

Page 25 of 81

555 South Main Street Post Office Box 7 Independence OR 97351

Phone 503838-1212 Fax 503606-3282 email tpessemierciindependenceorus

Fiscal Impact The total 5-year contract cost is $131786 broken into annual payments of $26357 Funds are available for this fiscal year in the police department operating budget Funds would be included in the police department budget request for contract years 2-5 Options

1 Approve the contract as proposed 2 Approve the contract with amendments 3 Take no action

RecommendationSuggested Motion Staff recommends Option 1

ldquoI move to authorize the City Manager to sign a service contract for body worn cameras tasers and cloud storage with AXONrdquo Attachments

A Proposed AXON contract

Memo prepared by Robert Mason Police Chief

Page 26 of 81

Payment Terms Net 30

Delivery Method Fedex - Ground

Q-251225-43927723KP

Year 1

Item DescriptionTerm

(Months)Quantity

List Unit

Price Net Unit Price Total (USD)

Axon Plans amp Packages

20248 TASER 7 EVIDENCECOM ACCESS LICENSE 60 1 000 000 000

73687 EVIDENCECOM VIEWER LICENSE 60 1 000 000 000

73746 PROFESSIONAL EVIDENCECOM LICENSE 60 11 000 000 000

73686EVIDENCECOM UNLIMITED AXON DEVICE

STORAGE60 11 000 000 000

73683 10 GB EVIDENCECOM A-LA-CART STORAGE 60 110 000 000 000

73449 AWARE LICENSE 60 11 000 000 000

20248 TASER 7 EVIDENCECOM ACCESS LICENSE 60 11 000 000 000

20246TASER 7 DUTY CARTRIDGE REPLACEMENT

ACCESS LICENSE60 11 000 000 000

73683 10 GB EVIDENCECOM A-LA-CART STORAGE 60 10 000 000 000

73840 EVIDENCECOM BASIC ACCESS LICENSE 60 10 000 000 000

Hardware

20160TASER 7 HOLSTER - SAFARILAND RH+CART

CARRIER11 000 000 000

75015 SIGNAL SIDEARM KIT 11 000 000 000

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

Issued 04062020

Quote Expiration 05152020

Account Number 110011 Axon Enterprise Inc17800 N 85th St

Scottsdale Arizona 85255

United States

Phone (800) 978-2737

Protect Life

PRIMARY CONTACT

Justin Hedlund

Phone (503) 837-1109

Email hedlundjustinciindependenceorus

BILL TO

Independence Police Dept - OR

P O Box 7

Independence OR 97351

US

SHIP TO

Justin Hedlund

Independence Police Dept - OR

555 S Main Street

Independence OR 97351

US

SALES REPRESENTATIVE

Kyle Panasewicz

Phone (480) 905-2071

Email kylepaxoncom

Fax (480) 658-0673

Q-251225-43927723KP

1

Page 27 of 81

Year 1 (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware (Continued)

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

20014TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE STANDOFF (322 000 000 000

20015TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE CLOSE QUART22 000 000 000

20008TASER 7 HANDLE HIGH VISIBILITY (GREEN

LASER) CLASS 3R11 000 000 000

20040 TASER 7 HANDLE WARRANTY 4-YEAR 11 000 000 000

20018 TASER 7 BATTERY PACK TACTICAL 13 000 000 000

20041TASER 7 BATTERY PACK WARRANTY 4-

YEAR13 000 000 000

20042TASER 7 DOCK amp CORE WARRANTY 4-

YEAR1 000 000 000

70033WALL MOUNT BRACKET ASSY

EVIDENCECOM DOCK1 000 000 000

74200 TASER 7 6-BAY DOCK AND CORE 1 000 000 000

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)33 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)33 000 000 000

20016TASER 7 INERT CARTRIDGE STANDOFF

(35-DEGREE)1 000 000 000

20017TASER 7 INERT CARTRIDGE CLOSE

QUARTERS (12-DEGREE)1 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

73202 AXON BODY 3 - NA10 5 69900 63260 316300

74028 WING CLIP MOUNT AXON RAPIDLOCK 5 000 000 000

11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 5 000 000 000

Other

73810 OFFICER SAFETY PLAN 7 60 11 000 000 000

Not Eligible

TASER 7

INSTRUCTO

R COURSE

VOUCHER

Not Eligible TASER 7 INSTRUCTOR COURSE

VOUCHER1 000 000 000

Protect LifeQ-251225-43927723KP

2

Page 28 of 81

Year 1 (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Other (Continued)

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 132442 1456862

Not Eligible

TASER 7

MASTER

INSTRUCTO

R SCHOOL

VOUC

Not Eligible TASER 7 MASTER INSTRUCTOR

SCHOOL VOUCHER1 000 000 000

Not Eligible

Target and

Frame

Not Eligible Target and Frame 11 000 000 000

Not Eligible

Halt SuitNot Eligible Halt Suit 1 000 000 000

20135OCULUS GO STANDALONE VIRTUAL

REALITY HEADSET1 000 000 000

20247TASER 7 ONLINE TRAINING CONTENT

ACCESS LICENSE60 11 000 000 000

20249VR EMPATHY DEVELOPMENT AUTISM

SCHIZOPHRENIA ACCESS LICENSE60 11 000 000 000

73827 AB3 CAMERA TAP WARRANTY 60 5 000 000 000

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2118510

Estimated

Shipping000

Estimated Tax 000

Total 2118510

Year 1 - TAP Refresh

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

74210 AXON BODY 3 - 8 BAY DOCK 2 000 000 000

73202 AXON BODY 3 - NA10 11 000 000 000

74028 WING CLIP MOUNT AXON RAPIDLOCK 16 000 000 000

11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 11 000 000 000

73202 AXON BODY 3 - NA10 1 69900 000 000

74028 WING CLIP MOUNT AXON RAPIDLOCK 1 000 000 000

11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 1 000 000 000

Protect LifeQ-251225-43927723KP

3

Page 29 of 81

Year 1 - TAP Refresh (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Other

73828 AB3 8 BAY DOCK TAP WARRANTY 60 2 000 000 000

73827 AB3 CAMERA TAP WARRANTY 60 11 000 000 000

71019NORTH AMER POWER CORD FOR AB3 8-

BAY AB2 1-BAY 6-BAY DOCK2 000 000 000

73827 AB3 CAMERA TAP WARRANTY 60 1 000 000 000

Subtotal 000

Estimated Tax 000

Total 000

Year 1 - T7 Certification

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Axon Plans amp Packages

20248 TASER 7 EVIDENCECOM ACCESS LICENSE 60 6 000 000 000

20246TASER 7 DUTY CARTRIDGE REPLACEMENT

ACCESS LICENSE60 6 000 000 000

Hardware

20160TASER 7 HOLSTER - SAFARILAND

RH+CART CARRIER6 000 000 000

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

20014TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE STANDOFF (312 000 000 000

20015TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE CLOSE QUART12 000 000 000

20008TASER 7 HANDLE HIGH VISIBILITY (GREEN

LASER) CLASS 3R6 000 000 000

20040 TASER 7 HANDLE WARRANTY 4-YEAR 6 000 000 000

20018 TASER 7 BATTERY PACK TACTICAL 6 000 000 000

20041TASER 7 BATTERY PACK WARRANTY 4-

YEAR6 000 000 000

20016TASER 7 INERT CARTRIDGE STANDOFF

(35-DEGREE)1 000 000 000

20017TASER 7 INERT CARTRIDGE CLOSE

QUARTERS (12-DEGREE)1 000 000 000

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)18 000 000 000

Protect LifeQ-251225-43927723KP

4

Page 30 of 81

Year 1 - T7 Certification (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware (Continued)

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)18 000 000 000

20050 HOOK-AND-LOOP TRAINING (HALT) SUIT 1 75000 67875 67875

Other

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

Not Eligible

TASER 7

INSTRUCTO

R COURSE

VOUCHER

Not Eligible TASER 7 INSTRUCTOR COURSE

VOUCHER1 000 000 000

Not Eligible

Taser 7

Evidenceco

m Admin

License

Not Eligible Taser 7 Evidencecom Admin

License1 000 000 000

Not Eligible

TASER 7

MASTER

INSTRUCTO

R SCHOOL

VOUC

Not Eligible TASER 7 MASTER INSTRUCTOR

SCHOOL VOUCHER1 000 000 000

Not Eligible

Target and

Frame

Not Eligible Target and Frame 6 000 000 000

Not Eligible

Halt SuitNot Eligible Halt Suit 1 000 000 000

Not Eligible

for VR

Headset

Not Eligible for VR Headset 1 000 000 000

20247TASER 7 ONLINE TRAINING CONTENT

ACCESS LICENSE60 6 000 000 000

20249VR EMPATHY DEVELOPMENT AUTISM

SCHIZOPHRENIA ACCESS LICENSE60 6 000 000 000

80087TASER 7 TARGET CONDUCTIVE

PROFESSIONAL (RUGGEDIZED)1 15000 13575 13575

Protect LifeQ-251225-43927723KP

5

Page 31 of 81

Year 1 - T7 Certification (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Other (Continued)

20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 49500 44798 44798

Subtotal 517208

Estimated Tax 000

Total 517208

Year 1 - Trade In

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Other

20104 TASER 7 TRADE-IN UPFRONT PURCHASE 17 000 000 000

Subtotal 000

Estimated Tax 000

Total 000

Year 2

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

Other

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 172674 1899414

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2635722

Estimated Tax 000

Total 2635722

Protect LifeQ-251225-43927723KP

6

Page 32 of 81

Year 3

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

20014TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE STANDOFF (322 000 000 000

20015TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE CLOSE QUART22 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

20014TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE STANDOFF (312 000 000 000

20015TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE CLOSE QUART12 000 000 000

Other

73309 AXON BODY CAMERA REFRESH ONE 11 000 000 000

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 172674 1899414

73689 MULTI-BAY BWC DOCK MID REFRESH 2 000 000 000

73309 AXON BODY CAMERA REFRESH ONE 1 000 000 000

73309 AXON BODY CAMERA REFRESH ONE 5 000 000 000

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2635722

Estimated Tax 000

Total 2635722

Protect LifeQ-251225-43927723KP

7

Page 33 of 81

Year 4

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

Other

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 172674 1899414

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2635722

Estimated Tax 000

Total 2635722

Year 5

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

Protect LifeQ-251225-43927723KP

8

Page 34 of 81

Year 5 (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware (Continued)

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

Other

73310 AXON BODY CAMERA REFRESH TWO 11 000 000 000

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 172674 1899414

73688 MULTI-BAY BWC DOCK FINAL REFRESH 2 000 000 000

73310 AXON BODY CAMERA REFRESH TWO 1 000 000 000

73310 AXON BODY CAMERA REFRESH TWO 5 000 000 000

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2635722

Estimated Tax 000

Total 2635722

Grand Total 13178606

Protect LifeQ-251225-43927723KP

9

Page 35 of 81

Summary of Payments

Payment Amount (USD)

Year 1 2118510

Year 1 - TAP Refresh 000

Year 1 - T7 Certification 517208

Year 1 - Trade In 000

Year 2 2635722

Year 3 2635722

Year 4 2635722

Year 5 2635722

Grand Total 13178606

Discounts (USD)Quote Expiration 05152020

List Amount 15120900

Discounts 1942294

Total 13178606

Total excludes applicable taxes

Protect LifeQ-251225-43927723KP

10

Page 36 of 81

Notes

The parties agree that Axon is granting a credit of $306000 (applied to Year 1 Payment) for trade-in of CEW hardware This credit is based on a ship date range of 512020-

5152020 resulting in a 612020 contract start date Any change in this ship date and resulting contract start date will result in modification of this credit value which may

result in additional fees due to or from Axon

Axon BWC hardware contained in this quote is at zero cost as a TAP refresh of contracts 00004618 and 00010394 The parties agree that all TAP obligations of contracts

00004618 and 00010394 have been fulfilled

Purchase of TASER 7 are governed by the TASER 7 Agreement located at httpswwwaxoncomlegalsales-terms-and-conditions and not the Master Services and

Purchasing Agreement referenced below

Tax is subject to change at order processing with valid exemption

Axonrsquos Sales Terms and Conditions

This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axonrsquos Master Services and Purchasing Agreement

(posted at wwwaxoncomlegalsales-terms-and-conditions) as well as the attached Statement of Work (SOW) for Axon Fleet andor Axon Interview

Room purchase if applicable Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions By

signing below you represent that you are lawfully able to enter into contracts If you are signing on behalf of an entity (including but not limited to the

company municipality or government agency for whom you work) you represent to Axon that you have legal authority to bind that entity If you do not

have this authority please do not sign this Quote

Signature CustSIG Date CustDate

Name (Print) CustName Title CustTitle

PO (Or write

NA) CustPo

Please sign and email to Kyle Panasewicz at kylepaxoncom or fax to (480) 658-0673

Thank you for being a valued Axon customer For your convenience on your next order please check out our online store buyaxoncom

The trademarks referenced above are the property of their respective owners

Protect LifeQ-251225-43927723KP

11

Axon Internal Use Only

Review 1 Review 2

SFDC Contract

Order Type

RMA

Address Used

SO

Comments

Page 37 of 81

Page 38 of 81

555 South Main Street Post Office Box 7 Independence OR 97351Phone 503838-1212 Fax 503606-3282 email kjohnsonciindependenceorus

TO Mayor and City CouncilFROM Shawn Irvine Economic Dev Dir

MEETING DATE April 14 2020SUBJECT Resolution Rural Business

Development Grant Application

[ ] Information Only [ X ] Action Requested

Statement of Issue Staff is requesting Council approve a resolution supporting a grant application to fund the development of a shared-use commercial kitchen facility downtown

BackgroundFor several years the City has worked with local and regional partners to support entrepreneurship and the growth of small businesses These classes and programs have supported a number of successful businesses including several located downtown The past two years the City has partnered with IndyCommons ndash the downtown co-working space ndash to run a series of meetups and classes intended to identify potential business clusters within the communityrsquos entrepreneurs Food-based businesses were the top cluster identified

The mid-Willamette Valley is the largest and most diverse agricultural production region in the state with over 170 different crops being grown It also has a concentration of large and small value-added food products companies that leverage the diverse agricultural products for their businesses The USDArsquos Rural Business Development Grant program supports proposals that offer assistance and training for small businesses in rural communities

DiscussionOver the last decade development of a shared-use commercial kitchen has come up several times in the Cityrsquos regional economic development work These facilities allow licensed users to rent the space on an hourly basis for trying new recipes developing new products and small-scale production The ability to rent a licensed facility enables entrepreneurs to test their ideas and products prior to making the significant investment into building their own commercial kitchen While there has been strong and consistent interest in such a facility from entrepreneurs it is a complex enough project that nobody was willing to be the organizer and operator

IndyCommons opened four years ago successfully bringing the shared space co-working model to downtown Independence Last year the company spun off a new non-profit IndyIdeaHub to support entrepreneurship programming and development in the community and region With the success of the co-working space and the new non-profit IndyCommons is ready to tackle a shared-use commercial kitchen They have leased the neighboring space in their building and plan to operate a shared kitchen and event space with ldquomicro retailrdquo in the storefront Micro retail rents shelf space to entrepreneurs instead of an entire store reducing the startup cost for a new product company and enabling them to test the market for new products without the cost of renting an entire store The kitchen event space and micro retail

CITY OF INDEPENDENCEMEMORANDUM

Page 39 of 81

555 South Main Street Post Office Box 7 Independence OR 97351Phone 503838-1212 Fax 503606-3282 email kjohnsonciindependenceorus

space would work in concert creating a kind of food incubator while also drawing people downtown for pop up dinners and other events

IndyCommons is leasing the space and the Cityrsquos grant application would support the non-profitrsquos work to outfit and operate the kitchen while offering business development programs The grant will request approximately $90000 matched with funds from IndyCommons and a $60000 Rural Opportunity Initiative grant the City received through Business Oregon which supports programming for food-based entrepreneurship

While the City is requesting the grant and supporting development of this kitchen facility its users will not be limited just to Independence residents As with IndyCommons anyone willing to travel to the facility and pay the rental fee will be able to use it Programs and classes will also be open to anyone from the region

Fiscal Impact Staff time will be spent writing the grant and if awarded coordinating the project No City funds will be used as match for this project

Options1 Approve the resolution as submitted2 Approve the resolution with amendments3 Take no action

RecommendationSuggested MotionStaff recommends Option 1

Suggested motion ldquoI move to approve Resolution 20-1526 Authorizing the City to Apply for a Rural Business Development Grantrdquo

AttachmentsA Resolution 20-1526

Page 40 of 81

Page 1 of 2 Resolution 20-1526 Authorizes USDA Grant Application

BEFORE THE CITY COUNCIL OF THE CITY OF INDEPENDENCE

COUNTY OF POLK STATE OF OREGON

IN THE MATTER OF AUTHORIZING THE CITY ]OF INDEPENDENCE TO APPLY FOR A RURAL ]BUSINESS DEVELOPMENT GRANT FROM THE ]UNITED STATES DEPARTMENT OF AGRICULTURE ]FOR DEVELOPMENT OF A SHARED-USE ]COMMERCIAL KITCHEN FACILITY AND ]DELEGATING AUTHORITY TO THE CITY ]MANAGER TO SIGN THE APPLICATION ]

RESOLUTION 20-1526

A RESOLUTION AUTHORIZING APPLICATION FOR USDA GRANT

WHEREAS the USDA is accepting applications for its Rural Business Development Program and

WHEREAS the City of Independence has the capacity to administer the grant and desires to participate in this grant program to the greatest extent possible as a means of providing needed business development and entrepreneurship programming and

WHEREAS Staff have identified development of food-based businesses as a successful regional business cluster which could be expanded within the City of Independence and

WHEREAS local and regional economic development plans have identified a shared-use commercial kitchen as an important asset to reduce barriers to entry for food-based startup businesses and

WHEREAS the City of Independence has an existing partnership with IndyCommons to support entrepreneurship and business development within the community and

WHEREAS the City of Independence has available matching funds from the State of Oregonrsquos Rural Opportunity Initiative which will fund food-based business programming and services at the new kitchen facility and

Page 41 of 81

Page 2 of 2 Resolution 20-1526 Authorizes USDA Grant Application

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF INDEPENDENCE AS FOLLOWS

Section 1 The City Council demonstrates its support for the submittal of a grant application to the United States Department of Agriculture for development of a shared-use commercial kitchen and delegates authority to sign grant documents to City Manager Tom Pessemier

Section 2 This Resolution shall be effective following its adoption by the City Council

Passed by the City Council this 14th of April 2020

Effective Date April 14 2020Signed by the Mayor April 14 2020

__________________________John McArdle Mayor

ATTEST

_______________________Karin Johnson MMCCity Recorder

Page 42 of 81

555 South Main Street Post Office Box 7 Independence OR 97351Phone 503838-1212 Fax 503606-3282 email tpessemierciindependenceorus

TO Mayor and City CouncilFROM City Manager Tom Pessemier

MEETING DATE April 14 2020SUBJECT Approval of IGA Mid-Willamette Valley

Homeless Alliance Continuum of Care

[ ] Information Only [ X ] Action Requested

Statement of IssueAn Inter-Governmental Agreement concerning the Mid-Willamette Valley Homeless Alliance is submitted for council consideration

BackgroundIn 2019 the City of Independence along with the cities of Monmouth Keizer Salem the Salem-Keizer School District Polk and Marion counties and the Confederated Tribes of Grand Ronde and with the Mid-Willamette Valley Council of Governments (COG) formally organized the Mid-Willamette Valley Homeless Alliance (MWVHA) which serves as our regionrsquos Continuum of Care (CoC) The CoC is committed to the goal of preventing and ending homelessness within Polk and Marion counties The CoC was recognized by the US Housing and Urban Development Department (HUD) on 12-11-19 and to that end a formal Governance Charter was approved by the MWVHA Board of Directors on 2-13-20

The MWVHA Board of Directors is a collaboration of the members and the COG has provided administrative support for the member governments The MWVHA is not a legal entity and HUD regulations require a legal entity to serve as the Collaborative Applicant for a Continuum of Care therefore an ORS 190 entity (Inter-Governmental Agreement or IGA) is proposed to be formed to allow the member governments to contract with the COG to provide services and for the COG to be reimbursed

DiscussionTime is of the essence this IGA establishes the terms and conditions under which the member governments will coordinate to support the MWVHA through contracting with the COG to serve as the Collaborative Applicant This IGA is a short-term solution until a new entity is designated and would expire on August 13 2020

Fiscal ImpactNo additional fiscal impact Funds have been reservedbudgeted for this project

Options1 Approve the IGA as proposed2 Approve the IGA with amendments3 Take no action

RecommendationSuggested Motion

CITY OF INDEPENDENCEMEMORANDUM

Page 43 of 81

555 South Main Street Post Office Box 7 Independence OR 97351Phone 503838-1212 Fax 503606-3282 email tpessemierciindependenceorus

Staff recommends Option 1

ldquoI move to approve the cityrsquos participation in the ORS 190 concerning the Mid-Willamette Valley Homeless Alliance and to authorize the City Manager to sign the related documentsrdquo

AttachmentsA Interim IGAB COG Scope of WorkC MWHA Governance Charter

Memo prepared by Karin Johnson City Recorder

Page 44 of 81

1 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

1 PARTIES TO AGREEMENT

This Agreement by and between the Confederated Tribes of the Grand Ronde (ldquoGrand Ronderdquo) Marion County (ldquoMarionrdquo) Polk County (ldquoPolkrdquo) and the Cities of Independence (ldquoIndependencerdquo) Keizer (ldquoKeizerrdquo) Monmouth (ldquoMonmouthrdquo) Salem (ldquoSalemrdquo) the Salem-Keizer School District (ldquoSalem-Keizerrdquo) collectively the ldquoMember Governmentsrdquo and the Mid-Willamette Valley Council of Governments (ldquoCOGrdquo) is made pursuant to ORS 190010

2 AUTHORITY This Agreement is established under the authority of Oregon Revised Statutes (ORS) Chapter 190

3 BACKGROUNDa The Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo) was formed on

September 24 2019 and recognized by the US Housing and Urban Development Department (ldquoHUDrdquo) on December 11 2019 for the Polk County and Marion County region to carry out the purposes of the HUD Continuum of Care program described in 24 CFR Part 578

b The Alliance Charter was approved by the Alliance Board of Directors on February 13 2020 (Attachment 1)

c The Alliance is a collaboration of the Member Governments non-profit service organizations and community members and is not a legal entity

d The Member Governments have made financial contributions for the 2019-2020 Fiscal Year which are being managed by COG

e The Member Governments have agreed to make financial contributions to support the Alliance for the 2020-2021 Fiscal Year subject to budgetary approval as approved by the Alliance Board of Directors (Attachment 2)

f HUD regulations require a legal entity to serve as the Collaborative Applicant for a Continuum of Care such as the Alliance

g The COG has been providing administrative support and other resources for the Alliance including contract management for independent contractors engaged by COG at the request of the Alliance During this time the Member Governments have directly paid their contribution amounts to COG to manage those funds for the Alliance

h The COG has agreed on an interim basis to continue to provide administrative support and other resources in addition to serving as the Collaborative Applicant for

Page 45 of 81

2 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

the Alliance until an ORS 190 entity has been formed and designated by the Alliance Board of Directors to serve as the Collaborative Applicant

i The Alliance Board of Directors approved the execution of this Agreement for a term to expire on August 13 2020 to allow the Member Governments to contract with the COG to provide Collaborative Applicant services and reimburse COG for services

4 PURPOSE

The purpose of this Agreement is to establish the terms and conditions under which the Member Governments will coordinate to support the Alliance through contracting with COG to serve as the Collaborative Applicant for the Alliance pursuant to 24 CFR Part 578 The parties understand and agree that this Agreement serves as an interim solution to allow COG to serve as the Collaborative Applicant and be reimbursed for its costs until a new entity is designated

5 TERM AND TERMINATION

51 This Agreement shall be effective from the date upon which the last signature is affixed hereto and shall expire on August 13 2020 unless otherwise earlier terminated or extended

52 This Agreement may be terminated by mutual consent of all parties hereto Any such termination of this Agreement shall be without prejudice to any obligations or liabilities of any party already accrued prior to such termination

6 FUNDING AND BILLING

61 The Member Governmentsrsquo fiscal year 2020-2021 contributions as set forth in Attachment 2 shall be made to COG subject to the individual Member Governmentrsquos budgetary approval Nothing in this Agreement binds any Government Member to any specific financial contribution after the 2020-2021 fiscal year

62 COG shall be reimbursed for its expenses already incurred in support of the Alliance from January 1 2020 to the effective date of this Agreement COGrsquos expenses prior to July 1 2020 shall be reimbursed from the Member Governmentsrsquo Fiscal Year 2019-2020 contributions and COGrsquos expenses for the period of July 1 2020 to the termination of this Agreement shall be from the Member Governmentsrsquo Fiscal Year 2020-2021 contributions COG shall submit an invoice to the Alliance Board for its approval for COGrsquos Fiscal Year 2019-2020 expenses no later than August 30 2020 and shall submit an invoice to the Alliance Board for its approval for COGrsquos Fiscal Year 2020-2021 expenses no later than September 30 2020

63 COGrsquos expenses under this Agreement shall not exceed the total amount of funds contributed by the Member Governments and any contributions from other members of the Alliance donations or grants provided to COG for the benefit of the Alliance subject to the rates for specific services as set forth in the Scope of Work As set forth in the Scope of

Page 46 of 81

3 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

Work COG shall provide timely financial reports to the Alliance and shall ensure that expenses do no exceed available resources approved by the Member Governments through the Alliance Board

7 OBLIGATIONS UNDER THE TERMS OF THIS AGREEMENT

71 MEMBER GOVERNMENTS agree to

a Make timely payment to COGb Maintain good standing as a member of the Alliancec Collaborate in good faith with other Member Governments to create a new ORS 190

entity to serve as the Collaborative Applicant for the Alliance

72 COG agrees to

Serve as the Collaborative Applicant for the Alliance and perform other duties as established in the Scope of Work (Attachment 3)

8 DESIGNATION OF SUCCESSOR COLLABORATIVE APPLICANT

The Member Governments understand and agree that the Alliance is required to have a Collaborative Applicant as that term is defined in 24 CFR Part 57815 which must be a legal entity The Alliance Board has indicated a desire that the Member Governments form an intergovernmental entity to serve that purpose Time is of the essence to designate a successor Collaborative Applicant and the Member Governments agree to work cooperatively and in a timely manner to agree on the new Collaborative Applicant The Member Governments also agree they will create a new intergovernmental entity to serve in that role

9 COMPLIANCE WITH APPLICABLE LAWS

The parties agree that both shall comply with all applicable federal state and local laws and ordinances applicable to the parties and the work to be done under this Agreement The parties agree that this Agreement shall be administered and construed under the laws of the state of Oregon Nothing in this Agreement shall be considered a waiver of tribal sovereign immunity

10 NONDISCRIMINATION

The parties agree to comply with all applicable requirements of federal state and local civil rights statutes rules and regulations in the performance of this Agreement

11 HOLD HARMLESSThe parties agree to indemnify and hold harmless each other for from and against all claims costs expenses (including attorney fees) losses damages fines charges actions or other liabilities solely to the extent arising from their own intentional or negligent acts or those of their agents contractors or employees and to the extent applicable the above indemnification is

Page 47 of 81

4 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

subject to and shall not exceed the limits of the Oregon Tort Claims Act (ORS 30260 through 30300) and the Oregon Constitution The parties intend to provide reciprocal indemnity obligations The parties acknowledge that the Oregon Tort Claims Act does not limit the liability of Grand Ronde in the same manner as the other parties Accordingly the parties agree Grand Rondersquos indemnity shall not exceed the indemnification limits of any other party

12 INSURANCE

Each party shall insure or self-insure and be independently responsible for the risk of its own liability for claims within the scope of the Oregon tort claims act (ORS 30260 to 30300) The parties intend to provide reciprocal liability insurance obligations The parties acknowledge that the Oregon Tort Claims Act does not apply to Grand Ronde in the same manner as other parties Accordingly the parties agree that Grand Ronde shall self-insure in an amount consistent with the liability for claims of any other party

13 MERGER CLAUSEParties concur and agree that this Agreement constitutes the entire agreement between the parties No waiver consent modification or change to the terms of this agreement shall bind either party unless in writing and signed by both parties There are no understandings agreements or representations oral or written not specified herein regarding this agreement Parties by the signatures below of their authorized representatives hereby agree to be bound by its term and conditions

Page 48 of 81

5 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

THE CONFEDERATED TRIBES OF THE GRAND RONDE COMMUNITY OF OREGON

__________________________________ ________________________ Cheryle A Kennedy DateTribal Council Chairwoman

Page 49 of 81

6 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

CITY OF INDEPENDENCE

__________________________________ _____________________Tom Pessemier DateCity Manager

Page 50 of 81

7 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

CITY OF KEIZER

__________________________________ ________________________Christopher Eppley DateCity Manager

Approved as to form

________________________________________Keizer City Attorney

Page 51 of 81

8 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

CITY OF MONMOUTH

__________________________________ _____________________Chad Olsen DateInterim City Manager

Page 52 of 81

9 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

MARION COUNTY BOARD OF COMMISSIONERS

__________________________________Chair

__________________________________Commissioner

__________________________________Commissioner

Date _____________________

Page 53 of 81

10 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

POLK COUNTY BOARD OF COMMISSIONERS

__________________________________Commissioner

__________________________________Commissioner

__________________________________Commissioner

Date _____________________

Page 54 of 81

11 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

SALEM-KEIZER PUBLIC SCHOOLS

_____________________________________ _____________________Marty Heyen Chairperson Board of Directors DateSalem-Keizer Public Schools

Page 55 of 81

12 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

CITY OF SALEM

__________________________________ _____________________Steve Powers DateCity Manager

Page 56 of 81

13 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

__________________________________ _______________________Renata Wakeley DateActing Executive Director

Page 57 of 81

Page 58 of 81

1

MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

SCOPE OF WORK FOR THE MID-WILLAMETTE VALLEY HOMELESS ALLIANCE COG shall undertake the following items in performance of this Agreement

1 Finance a Manage and process accounts payable and accounts receivable b Maintain records of project expenditures and revenues in COG financial

management system c Maintain copies of personal services contracts and other contracts for goods and

services under this Agreement d Provide monthly financial report to the Alliance Board e Provide support to and project financial statements in annual audit f Incorporate project expenditures and revenues into COG budget forecast prepare

budget documents for Alliance Board approval g Provide documentation of internal controls and other financial policies and

procedures to HUD upon request h Manage HUD planning grant when awarded Assure planning grant expenditures

made by the project are allowable per HUD regulations i Prepare any required financial reports associated with the planning grant j Accept and record Alliance member contributions and k Invoice members for annual project contributions and track contribution receipts

2 Administrative Support

a Attend Alliance Board meetings and executive committee meetings prepare draft minutes and maintain meeting records

b Assist the Alliance in scheduling meetings and other meeting-related tasks including merging documents for the meeting packet

c Schedule meeting space when available facilitate meeting logistics and preparation including setting up meeting space copying documents making name cards setting up laptop and PowerPoint equipment connecting participants through conference phone

d Maintain email lists in conjunction with the Alliance e Notice meetings per Public Meetings Law requirements f Assist the Alliance in preparing and disseminating a quarterly Alliance newsletter

COG is not responsible for creating or obtaining content for the newsletter and g Maintain Homeless Initiative web page on the COG website and provide up to six

(6) hours a month of IT support for the newly acquired and licensed Homeless Initiative web page

3 Executive Director Support

a Negotiate and approve goods and personal service contracts and contract amendments upon request of the Alliance

b Approve payments for monthly invoices c Provide executive level advice and support in working with the COG board of

directors and COG members d Authorize legal services upon request of the Alliance

Page 59 of 81

2

e Authorize IT services upon request of the Alliance f Attend MWVHA board meetings as needed and g Serve as the Collaborative Applicant for the 2020 NOFA process sign required

application documents

4 IT Support a Support development and maintenance of the Alliance website and b Other projects upon request of the Alliance and approval of Executive Director

5 Legal Services upon request of the Alliance and approval of Executive Director

6 Rates for services provided by COG are set forth COGrsquos fee schedule attached hereto as

Exhibit 1 (COG Board of Directors Resolution 2019-06) COG modifies its fee schedule annually on or about on July 1 of each year COG may modify the fees under this Agreement by not more than 15 for any individual fee upon adoption of a fee schedule for the 20-21 fiscal year and providing the Member Governments 10-daysrsquo notice of the modified fees The rates for services set forth herein apply to this Agreement and COG reserves the right to propose different rates in any future agreement pursuant to COGrsquos adopted fee schedule

Page 60 of 81

Page 61 of 81

Page 62 of 81

Page 63 of 81

Page 64 of 81

1

MID-WILLAMETTE VALLEY HOMELESS ALLIANCE GOVERNANCE CHARTER

FINAL ndash Approved by the CoC Development Council on 10-24-19 ratified by the Mid-Willamette Valley Homeless Alliance Board of Directors on 2-13-20

ARTICLE I CONTINUUM OF CARE NAME AND PURPOSE

A NAME OF THE CONTINUUM OF CARE (COC) The name of this organization is the Mid-Willamette Valley Homeless Alliance which serves as the regionrsquos Continuum of Care herein referred to as ldquothe CoCrdquo

B CONTINUUM OF CARE (COC) OVERVIEW 1 GEOGRAPHIC BOUNDARIES The CoC represents the geographic region within the boundaries of Marion

and Polk counties 2 PURPOSE The CoC is organized to carry out the purposes of the US Housing and Urban Development

(HUD) Continuum of Care program as described in 24 CFR Part 578 The CoC promotes communitywide commitment to the goal of preventing and ending homelessness provides funding for efforts by nonprofit providers and state tribal and local governments to quickly rehouse homeless individuals including unaccompanied youth and families while minimizing the trauma and dislocation caused to homeless individuals families and communities by homelessness promotes access to and effective utilization of mainstream housing and homeless services programs by homeless individuals and optimizes self-sufficiency among individuals and families experiencing homelessness Its work includes gathering and analyzing data to determine local needs of and resources available to people experiencing homelessness developing and prioritizing a menu of strategic responses collaboratively implementing a strategic plan promoting service coordination educating the public on homeless issues providing advice and input on homeless services operations leveraging resources for maximum impact and measuring and promoting strong program performance Through collaborative efforts of local and tribal governments school districts nonprofit organizations and other participating stakeholders the CoC seeks to develop an evidence-based system of services including stable housing designed to meet the unique and complex needs of adults youth children and families in Marion and Polk counties who are at risk of or are experiencing homelessness ICLE 3 ndash GEOGRAPHIC RE

ARTICLE II CONTINUUM OF CARE GOVERNANCE STRUCTURE

A BOARD OF DIRECTORS 1 NAME The name of the CoC governing board is the Mid-Willamette Valley Homeless Alliance Board of

Directors herein referred to as the ldquoCoC Boardrdquo or the ldquoBoardrdquo The CoC has established a governing board as required by 24 CFR part 5787(a)(3) The Board is responsible for the overall policy and direction of the CoC and may delegate responsibility for day-to-day operations to staff and committees

2 VOTING MEMBERSHIP The Board will consist of at least thirteen (13) voting members that have no

conflicts of interest as defined in Article III of this charter and 24 CFR part 57895 Board members will

Page 65 of 81

2

serve without compensation Board membership includes representation from the following organizations or subpopulations

a One representative from each of the following organizations

i Union Gospel Mission a faith-based organization ii The Confederated Tribes of Grand Ronde iii Local governments

(a) City of Independence (b) City of Keizer (c) City of Monmouth (d) Polk County

iv Salem-Keizer School District (24J) v Salem Health vi Homeless or formerly homeless individuals appointed by the Law Enforcement Assisted Diversion

Program and vii United Way of the Mid-Willamette Valley a nonprofit organization

b Two representatives from the City of Salem and Marion County In the alternative pursuant to

Section 11 of Article 2 Marion County and the City of Salem may appoint one representative who may exercise two votes

3 EX-OFFICIO BOARD MEMBERS In addition seven (7) ex-officio participants may serve as non-voting ex-

officio board members participating in discussions and representing such groups as a Marion County Salem and West Valley Housing Authorities b Mid-Willamette Valley Community Action Agency c Polk County Veteran Services and d Co-chairs of the CoC Collaborative Committee

4 BOARD SELECTION PROCESS

a The initial CoC Board of Directors will be nominated by the Development Council established by a 2019 Memorandum of Agreement in consultation with the stakeholders workgroup

b Each organization nominated for representation on the CoC Board will identify persons to serve who hold elected or senior staff roles in decision-making for that organization

c Members serve at the pleasure of the CoC Board d Any directors representing organizations newly added to the Board by amendment to this charter

will be nominated and confirmed by vote of the CoC board e Pursuant to 24 CFR part 5787(a)(3) the CoC Board will submit this written selection process to the

CoC Collaborative Committee described in Section D of this article and Board of Directors for review update and approval at least once every five (5) years

5 BOARD FINANCIAL CONTRIBUTIONS Each organization represented as a voting member on the CoC

board will contribute funds to supplement CoC operations contingent on the organizationrsquos budgetary

authority Contributions will be reviewed and approved annually by the CoC board

6 BOARD ALTERNATES Board members may designate an Alternate for a single meeting who can attend in the board memberrsquos place if the member must miss a meeting The Alternate must represent the same organization or subpopulation as the absent Board member Prior to the board meeting the absent Board member or his or her designee must communicate in writing to CoC staff confirming the Alternatersquos attendance and granting authority for the Alternate to vote

Page 66 of 81

3

7 TERMINATION The Board may remove any member when it determines it is in the interest of the CoC to do so Member terminations require a 23 vote of the appointed voting membership Reasons for removal include excessive absences from meetings conduct that is contrary to the Boardrsquos code of conduct or noncompliance with conflict of interest or other board policies

8 RESIGNATION Resignations by Board members shall be submitted in writing to CoC staff who will forward the resignation notice to board leadership Resignations will be announced at the next regularly scheduled board meeting For board positions representing designated organizations resignation is implied if a person seated on the board is no longer affiliated with the organization that appointed him or her The appointing organization is then responsible for assuring that another qualified person is appointed to represent that organization

9 MEETINGS Pursuant to 24 CFR part 5787(a)(1) the Board will meet at least semi-annually in conjunction with the CoC Collaborative Committee to conduct general CoC business Inclusive of these semi-annual joint meetings the board will meet at least quarterly and may meet more frequently at the call of the chair The CoC Board is a public body subject to the public meetings and record laws as stated in ORS Chapter 192 All meetings will be open to the public

10 QUORUM A majority defined as 50 plus one of the appointed voting Board membership will constitute a quorum for the transaction of all business at meetings Members may attend either in person or by conference call so long as persons in attendance and on the telephone can both hear and communicate with each other Members attending by telephone conferencing may be counted towards achieving a quorum

11 VOTING Each Board member will hold one vote on all matters brought before the board However in recognition of their significant financial contributions to the effort Marion County and the City of Salem may select two persons to represent each organizationrsquos interests on the CoC Board or in the alternative may select one representative who shall have two votes on any matter Board decisions shall be made by a majority of the total votes available to the entire appointed voting Board membership

12 NOTICE AND INCLUSION a The Board will provide for and give public notice reasonably calculated to give actual notice to

board members interested persons news media that have requested notice and general public notice Notice shall include the time and place for holding regular meetings The notice will also include a list of the primary subjects anticipated to be considered at the meeting Distribution of meeting notices will be in a manner that maximizes the potential of the public awareness of Board proceedings and for the public to participate in its deliberations

b Whenever possible matters resulting in a recommendation to the Board will be deliberated during a minimum of two meetings to assure maximum participation

c The Board encourages input to its deliberations and decision-making from a diversity of stakeholders including consumers and community members from diverse genders racial and ethnic origins cultural groups and geographic areas within the CoC boundaries CoC members are encouraged to bring ideas or concerns to the attention of the CoC Board and staff

d The Board will conduct outreach at least semi-annually with business organizations such as economic development forums chambers of commerce and Rotary clubs to inform business leaders about current issues surrounding homelessness and gather information from a business perspective

13 AGENDAS Items may be placed on a meeting agenda by any Board member or by CoC staff The agenda will be distributed to members and through public notice at least one week prior to a Board meeting

Page 67 of 81

4

B BOARD OFFICERS 1 CHAIR The Board will accept nominations and elect a chair annually The chair may be elected for

subsequent terms The chair will act as leader of the convened meeting and as the parliamentarian The chair will enforce Board policies and membership rules and will guide the conduct of public meetings The chair is the official Board representative and shall be the primary spokesperson to the media

2 VICE CHAIR The chair will select a vice chair with board consent In the absence of the chair the vice chair will assume the chairs responsibilities If neither the chair nor vice chair is available for a public meeting then the assembled quorum of the meeting will select a temporary chairperson to conduct the meeting

3 EXECUTIVE COMMITTEE LEADERSHIP The chair and vice chair serve as leaders of the CoC Executive Committee as described in Section E1

C STAFF RESPONSIBILITIES TO THE CoC BOARD

1 STAFF SUPPORTCOLLABORATIVE APPLICANT Subject to available funding for CoC operations Mid-

Willamette Valley Council of Governments (COG) will serve as the Collaborative Applicant described in

Article IV Section E and provide staff support that could be employees contractors and in-kind

support as well as in-kind materials and services to support the CoC To maintain a neutral role in

facilitating council meetings staff representing the COG will not hold authority to vote on matters

placed before the CoC Board

2 UNIFIED FUNDING AGENCY The CoC will seek designation as a Unified Funding Agency from the US

Department of Housing amp Urban Development

3 MEETING PREPARATION CoC staff is responsible for meeting preparation which includes

a Locating reserving and preparing the meeting space b Sending meeting notice agendas and minutes to the CoC distribution list one week prior to the

meeting and a reminder one day prior to the meeting c Compiling background materials and staff reports d Planning Board meetings in collaboration with the Executive Committee e Taking attendance at meetings and f Providing facilitation as needed

4 MINUTES CoC staff will serve as the CoC Board Administrator and prepare meeting minutes Minutes

will include a list of the members present motions proposals resolutions and orders proposed and their disposition the results of all votes and a vote by each member by name the substance of any discussions on any matter and reference to any document discussed at that meeting Minutes will be posted on the CoC website and distributed to the Board membership one week prior to the monthly meeting

5 RECORDS Pursuant to 24 CFR part 578103 and 24 CFR part 5785(b) staff will maintain CoC records to document compliance with HUD requirements including the following a Approved CoC governance charter that includes a written process to select the CoC board b Documentation of required reviews and updates including the annual charter review and review of

Board selection process every five years c CoC Board and committee rosters designating representation of sectors and subpopulations d Agendas and minutes of CoC Board committee subcommittee and workgroup meetings

Page 68 of 81

5

e Designation of a single Homeless Management Information System (HMIS) for the CoC f CoC applications for funds as set forth in 24 CFR part 5789 g Use of planning funds for eligible costs and other grant management documentation pursuant to 24

CFR part 57839 and h Completed and signed CoC conflict of interest forms required in Article III Section 5 of this charter

6 OTHER RESPONSIBILITIES CoC staff will maintain distribution lists distribute communications to CoC members and the community at large develop and maintain a CoC webpage support CoC committees and workgroups produce and submit applications for funds and perform other duties as assigned by the CoC Board to support the CoC

D CoC COLLABORATIVE COMMITTEE 1 PURPOSE The purpose of the CoC Collaborative Committee is to assist the Board in accomplishing the

responsibilities of the Continuum of Care as described in Article IV

2 MEMBERSHIP Participation in the Continuum of Care is open through the CoC Collaborative Committee to interested organizations and to interested individuals representing the community at large Member agencies will be responsible for identifying CoC representatives Participating agencies may have more than one person identified as a CoC representative Homeless and formerly homeless people are encouraged and supported to participate A roster of CoC Collaborative Committee participants will be maintained and posted on the CoC website

3 VOTING Each member organization and community at large member who has participated in at least two (2) meetings in the preceding twelve (12) months after the initial year of CoC operations shall have one vote at subsequent meetings on each matter submitted to a vote of CoC members To the maximum extent possible committee meetings shall operate on a consensus basis However members can request a majority vote on specific issues Agencies with more than one representative in attendance will determine in advance which representative will vote In all cases each member organization has only one vote

4 RESIGNATION Member agencies may resign from the CoC Collaborative Committee by sending a

written communication to CoC staff

5 CO-CHAIRS The CoC Board will appoint co-chairs to facilitate CoC Collaborative Committee meetings based on nominations from the CoC Collaborative Committee One co-chair will represent the public (governmental) sector and the other will represent the private (nongovernmental) sector Co-chairs will serve for two-year terms and may be reappointed by the Board

5 RECRUITMENT AND OUTREACH The CoC Board will publish and disseminate an open invitation at least annually for those within the CoC area to join as new CoC Collaborative Committee members CoC staff will document recruitment efforts The CoC Board will identify and address membership gaps in essential sectors and will recruit so that membership requirements are being met pursuant to 24 CFR part 5787 Outreach will be conducted to obtain representation from the following groups listed in 24 CFR part 5785(a)

a Nonprofit homeless assistance providers b Victim service providers c Faith-based organizations d Governments

Page 69 of 81

6

e Businesses f Advocates g Public housing agencies h School districts i Social service providers j Mental health agencies k Hospitals and health care organizations l Universities m Affordable housing developers n Law enforcement o Organizations that serve veterans p Homeless and formerly homeless individuals and q Other relevant organizations within the CoCrsquos geographic boundaries such as organizations and coalitions that serve unaccompanied youth employment councils substance abuse providers and early learning hubs

E COMMITTEES AND WORKGROUPS 1 STANDING COMMITTEES AND WORKGROUPS The CoC Board will appoint members representing

organizations participating in the CoC Collaborative Committee to the standing committees and workgroups listed in this section as E1 a through d The Board will also designate chairs or co-chairs to facilitate committee or workgroup meetings CoC staff will be assigned to take notes at committee and workgroup meetings and assure that CoC policies and processes are followed CoC staff will also maintain lists of committee and workgroup membership and post the lists to the CoC webpage a PERFORMANCE AND EVALUATION COMMITTEE The Performance and Evaluation Committee shall

review and recommend to the Board the policies timelines and scoring tools for application review and ranking process as part of the Continuum of Care competition for funds The Performance and Evaluation Committee shall also be responsible for monitoring and reviewing CoC-funded projects and general system performance The Performance and Evaluation Committee shall make recommendations to the CoC Board to improve system performance with input from the CoC Collaborative Committee Members of this committee may not have a conflict of interest described in Article III and may not be recipients of HUD funds i The CoC Board will appoint a subcommittee of not fewer than five (5) Performance and

Evaluation Subcommittee members to review and rank project applications during the annual process described in Article IV Section E

ii The Board will strive to appoint subcommittee members who are knowledgeable about homelessness and housing in the region and representative of relevant sectors subpopulations and geographic areas of the region

iii Subcommittee members must have completed conflict of interest forms on file with CoC staff affirming that they are not employees or do not have a business relationship or other conflicts of interest as described in Article III

iv Subcommittee members must be willing to dedicate time for application review and subcommittee meetings during the application process

b COORDINATED ENTRY COMMITTEE The Coordinated Entry Committee creates the policies and

procedures for the CoCrsquos coordinated entry system The committee is also responsible for monitoring the progress of organizations implementing coordinated entry to ensure it is functioning effectively arranging for technical assistance to participating organizations and recommending changes as necessary The committee shall recruit agencies for participation in coordinated entry

Page 70 of 81

7

c HMIS USERS WORKGROUP The HMIS Users Workgroup consists of representatives from organizations using the Homeless Management Information System (HMIS) The workgroup is co-chaired by the HMIS Lead organization or its designee and the HMIS Designated Coordination Entity as described in Article IVB2 The workgroup shall monitor the progress of organizations using HMIS develop strategies for improving HMIS ease of use troubleshoot data reporting and data quality issues and review and make recommendations on HMIS policies and protocols to the HMIS Lead HMIS Coordination Entity and CoC Board

d POINT-IN-TIME COUNT WORKGROUP The Point-in-Time Count workgroup shall work with the

HMIS Coordination Entity named in Section D2 to organize and conduct the Point-in-Time count including recruitment training and support of volunteer outreach workers for the event

2 SPECIAL COMMITTEES AND WORKGROUPS The Board may authorize the formation of special

committees or workgroups as necessary to deal with specific problems or issues as the Board believes appropriate The Board will appoint members to special committees and workgroups These special committees or workgroups will be time limited and be provided a scope of work from the Board Special committees and workgroups will report their findings and recommendations to the Board upon request or upon the conclusion of their work

3 EXECUTIVE COMMITTEE The Executive Committee is composed of the chair vice chair and at least

three additional Board members The committee works closely with staff to guide the work of the CoC Board Committee members may not serve on the Performance and Evaluation Committee Committee responsibilities include the following a Prepare meeting agendas and ensure matters are ready for Board meetings b Act on matters when authority has been delegated by the full Board to do so and c Act on time sensitive administrative matters that require a decision between Board meetings with

notice provided to all Board members prior to taking action and with the action(s) to be ratified at the next Board meeting Time sensitive administrative matters include but are not limited to required municipal state or federal reports and letters of support associated with grant applications Action will not be taken under this subsection if any Board member notifies the Board Chair of the members objection prior to the Executive Committees action on a time sensitive matter

4 APPEALS COMMITTEE The Board may appoint a committee of three (3) Board members to review and

make appeal decisions during the application process described in Article IV Section E Those appointed to the Appeals Committee may not have participated in the rank and review process must have signed conflict of interest forms on file with CoC staff and must affirm upon committee appointment that they do not have conflicts of interest with agencies applying for CoC Program funding In the alternative the Board may also delegate this responsibility to the Executive Committee

Page 71 of 81

8

ARTICLE III CONFLICT OF INTEREST AND CODE OF CONDUCT

NUUM OF CARE GOVERNANC A CONFLICT OF INTEREST

1 GENERAL PROVISIONS A conflict of interest is a situation in which a CoC Board member or one of his or her family members has a personal or financial interest that compromises or could compromise the Board or committee memberrsquos independence of judgment in exercising his or her responsibilities to the CoC It is the position of this CoC that conflicts of interest shall not compromise the CoCrsquos work and that even the appearance of a conflict shall be avoided in all circumstances

2 ADHERENCE TO CONFLICT OF INTEREST POLICY CoC Board and committee members are expected to adhere to the CoC Conflict of Interest Policy which requires the member to minimize conflicts of interest disclose ethical legal financial and other conflicts and remove themselves from decision-making if they would otherwise be called on to act on a conflict involving themselves their family members or entities with which they or their family members are closely associated Under the policy Board members are required to disclose actual or potential conflicts of interest as well as certain relationships and transactions No CoC Board member may participate in or influence discussions or resulting decisions concerning the award of a grant or other financial benefits to the organization that the member represents pursuant to 24 CFR part 57895

3 DEFINITIONS The CoC will assure that Board and committee members acknowledge the federal and state definitions of conflict of interest and are in full compliance with state and federal law a Conflict of Interest definitions aligning with federal statute are

i Conflict of Interest generally means a situation in which a Board member or his or her immediate family member has directly him- or herself or indirectly through another individual or entity a personal or financial interest that compromises or could compromise the Board memberrsquos independence of judgment in exercising his or her responsibilities to the CoC

ii Prohibited Conflict of Interest means a conflict of interest that would prevent a Board member from serving on the Board or participating in any of the Board activities A Board member who has a potential or actual Prohibited Conflict of Interest must resign from the Board Prohibited Conflicts of Interest include CoC compensation and employment loans federal employee status use of CoC equipment facilities assets or staff time for non-CoC purposes and acceptance of gifts gratuities favors or anything of monetary value

iii Issue-Specific Conflict of Interest means a conflict of interest that would prevent a Board member from voting on or being present during the discussion of a specific issue such as votes on contracts and CoC leadership

b Oregon Revised Statutes Chapter 244 defines actual and potential conflict of interests for members

of public bodies No Board or committee member shall participate in a decision in which he or she has a private pecuniary interest Affected members shall disqualify themselves from participation by written notification to the Board as required by ORS 244120

i A potential conflict of interest exists when a Board or committee member takes an action that

reasonably could be expected to have a financial impact on that member a relative or a business with which the member or members relative is associated The member may participate in an action after declaring the potential conflict and announcing its nature

Page 72 of 81

9

ii An actual conflict of interest exists when an action is reasonably certain to result in a special benefit or detriment to the member a relative or a business with which the member or members relative is associated The member will declare the actual conflict and announce its nature The member must then refrain from taking any official action except when the members vote is necessary to achieve a quorum When a vote is necessary to achieve a quorum the member may vote but may not participate in any discussion or debate on the issue out of which the actual conflict arises

4 PENALTIES A Board member who purposefully conceals a conflict of interest refuses to recuse him- or

herself from voting or engages in other conduct that violates the CoC Conflict of Interest policy will be subject to removal from the Board

5 ANNUAL DECLARATION Board and committee members are to annually receive a copy of the CoC Conflict of Interest Policy sign the CoCrsquos Conflict of Interest form and submit the form to CoC staff

B B CODE OF CONDUCT 1 GENERAL PROVISIONS CoC members are expected to observe the highest standards of ethical conduct

in the execution of their responsibilities to conduct themselves with courtesy and respect and to refrain from harassment intimidation discrimination and physical or verbal abuse

2 CONFIDENTIALITY CoC members must respect and maintain the confidentiality of sensitive information

they may gain from their association with the CoC This may include personal information about community members experiencing homelessness

3 RESPONSIBILITY AND INTEGRITY In the performance of their duties CoC members are expected to carry out CoC duties to the best of their abilities and to maintain the highest standards of integrity for actions with other CoC members including CoC Board members service providers service recipients and members of the general public CoC Board and committee members shall put forth honest effort in the performance of their duties to advance the CoCrsquos mission exercising sufficient control and supervision over matters for which they are individually responsible and should not do anything to bring the full CoC or its members into disrepute

4 MISUSE OF POSITION Misuse of position is prohibited A CoC member must not use his or her position with the CoC for personal gain or for the benefit of family or friends

5 COMMUNICATIONS CoC members shall make clear when communicating publicly or with the media whether they are speaking in their own name on behalf of their agency or organization or on behalf of the CoC if the CoC Board has empowered them to speak on the CoCrsquos behalf

6 WASTE FRAUD AND ABUSE CoC members shall disclose waste fraud abuse and corruption in the operation of the Continuum of Care to appropriate authorities

7 EQUAL OPPORTUNITY CoC Board members shall adhere to laws and regulations that provide equal opportunity for all people regardless of race color religion gender identity national origin ethnicity sexual orientation age or disability

Page 73 of 81

10

8 PENALTIES This Code of Conduct will be distributed annually to CoC members Members in violation of any portion of this Code of Conduct will be subject to disciplinary action which could include immediate termination from the CoC Board or CoC committees

9 ANNUAL DECLARATION Board members are to annually receive a copy of the Code of Conduct acknowledge receipt by signing a form and submit a copy of the signed form to CoC staff

O ARTICLE II CONTINUUM FCARE GOVERNANCE STRUCTURE

ARTICLE IV OPERATING THE CONTINUUM OF CARE

A CoC RESPONSIBILITIES The CoC Board is responsible for assuring that the following responsibilities are accomplished with broad participation from CoC stakeholders

1 Hold meetings of the full membership with published agendas at least semi-annually pursuant to 24 CFR part 5787(a)(1)

2 Make an invitation for new members to join the CoC publicly available within the geographic area at least annually pursuant to 24 CFR part 5787(a)(2)

3 Adopt and follow a written process to select a board to act on behalf of the CoC The process must be reviewed updated and approved by the CoC at least once every five (5) years pursuant to 24 CFR part 5787(a)(3)

4 Appoint additional committees subcommittees or workgroups pursuant to 24 CFR part 5787(a)(4)

5 In consultation with the Collaborative Applicant and HMIS Lead develop follow and update annually a governance charter which will include all procedures and policies needed to comply with Subpart B of part 5787 and with HMIS requirements as prescribed by HUD and a code of conduct and recusal process for the board its chair(s) and any person acting on behalf of the board pursuant to 24 CFR part 5787(a)(5)

6 Consult with recipients and subrecipients to establish performance targets appropriate for population and program type monitor recipient and subrecipient performance evaluate outcomes and take action against poor performers pursuant to 24 CFR part 5787(a)(6)

7 Evaluate outcomes of projects funded under the Emergency Solutions Grants (ESG) program and the CoC program and report to HUD pursuant to 24 CFR part 5787(a)(7)

8 In consultation with recipients of Emergency Solutions Grants program funds within the geographic area establish and operate either a centralized or coordinated assessment system that provides an initial comprehensive assessment of the needs of individuals for housing and services The CoC must develop a specific policy to guide the operation of the centralized or coordinated assessment system on how its system will address the needs of individuals and families who are fleeing or attempting to flee domestic violence dating violence sexual assault or stalking but who are seeking shelter or services from nonvictim service providers This requirement along with requirements established by HUD by notice is pursuant to 24 CFR part 5787(a)(8)

Page 74 of 81

11

9 In consultation with recipients of Emergency Solutions Grants program funds within the geographic

area establish and consistently follow written standards for providing CoC assistance as further described in 24 CFR part 5787(a)(9)

10 Designate and operate a single Homeless Management Information System (HMIS) for the geographic area including designating a single system and an HMIS lead reviewing revising and approving a privacy plan security plan and data quality plan for the HMIS ensuring consistent participation of recipients and subrecipients in the HMIS and ensuring that the HMIS is administered in compliance with HUD requirements pursuant to 24 CFR part 5787(b)

11 Develop a CoC plan that includes coordinating the implementation of a housing and service system that meets the needs of homeless individuals including unaccompanied youth and families The system shall include at a minimum outreach engagement assessment shelter housing supportive services and prevention strategies pursuant to 24 CFR part 5787(c)(1)

12 Plan for and conduct at least biennially a Point-in-Time Count of homeless persons within the geographic area as described in 24 CFR part 5787(c)(2)

13 Conduct an annual gaps analysis of the homeless needs and services available within the geographic area pursuant to 24 CFR part 5787(c)(3)

14 Provide information required to complete the Consolidated Plan(s) within the CoCrsquos geographic area pursuant to 24 CFR part 5787(c)(4)

15 Consult with state and local government Emergency Solutions Grants program recipients within the CoCrsquos geographic area on the plan for allocating Emergency Solutions Grants program funds and reporting on and evaluating the performance of Emergency Solutions Grants program recipients and subrecipients pursuant to 24 CFR part 5787(c)(5)

16 Prepare an application for funds that includes a collaborative process in response to a Notice of Funding Availability (NOFA) published by HUD under 24 CFR part 57819

17 OF THE COC AND THE COC BOARD

B CoC REPORTS The CoC Board shall approve the following reports and documents prior to releasing such reports and documents to the community

1 CoC Program Project Priority List 2 Inventory of Homeless Services 3 Annual or Biennial Point-in-Time Count Report 4 Housing Inventory Chart 5 Longitudinal Systems Analysis (LSA) and 6 Homeless Coordinated Entry System Report

Page 75 of 81

12

C CoC CORRECTIVE ACTIONS PROCESS 1 ANNUAL PROGRAM REVIEW CoC funded programs or projects will be reviewed by the Performance

and Evaluation Committee annually with findings reported to the CoC Board 2 RESPONSES TO IMPROVE PROGRAM PERFORMANCE

a Should the Board determine that a program is not meeting established performance measures staff will notify the program or project in writing The organization overseeing the program or project will have the opportunity to provide additional performance information within 30 days of receipt of the CoC notification

b If the program or projectrsquos performance is related to certain items as determined by the CoC Board such as late Annual Performance Report submissions unused funding low utilization low exits to permanent housing low scores on income measures or alignment of program participation with wait list protocols the CoC Board may place a program on probation to improve its performance

c During the probationary period the CoC will enter into a Performance Improvement Agreement with the program or project needing improvement listing specific expectations and timeline

d CoC staff will facilitate technical assistance as needed and available as part of the Performance Improvement Agreement The organization overseeing the program or project is responsible for requesting specific assistance in low-scoring performance areas and requesting clarifications from the CoC about performance measures and expectations

e The length of the probationary period will be proposed by the Performance and Evaluation Committee negotiated by CoC staff and approved by the CoC Board Extensions may be requested for extenuating circumstances and are subject to Board approval If the program or project does not fulfill the agreed-upon expectations included in the Performance Improvement Agreement the Board may reduce funding or ranking may reject future applications from that program or project for HUD CoC Program funds or other remedies approved by HUD

D DESIGNATING AND OPERATING A HOMELESS MANAGEMENT INFORMATION SYSTEM

1 HMIS PURPOSE The primary purpose of the CoCrsquos Homeless Management Information System (HMIS) is to aggregate data on homelessness across Marion and Polk counties to accurately describe the regionrsquos scope and evaluate the effectiveness of efforts to reduce and end homelessness The CoC uses HMIS to a Understand the characteristics and service needs of homeless people b Analyze how homeless people use services c Evaluate program effectiveness and outcomes d Improve access to and delivery of services for people experiencing homelessness and e Strengthen community planning and resource allocation

2 DESIGNATED HMIS ROLES Oregon Housing amp Community Services (OHCS) is designated as the HMIS Lead AgencyAdministrator Portland Housing Bureau is the vendor that provides the licensed software for the HMIS system Mid-Willamette Community Action Agency is designated as the CoC regionrsquos HMIS Coordination Entity designated by the HMIS Lead to coordinate data collection and data analysis for the region The CoC Board oversees the work of the HMIS partners

3 HMIS DECISIONMAKING AUTHORITY HMIS decisions which affect local CoC operations are made by the

HMIS Administrator in consultation with the HMIS Users Workgroup and HMIS Coordination Entity HMIS decisions which affect CoCs participating in statewide HMIS implementation will be made by the Northwest Social Services Connections Committee with representation from each CoC in Oregon The

Page 76 of 81

13

HMIS Lead will keep CoC staff informed of issues and decisions and will provide a summary of key decisions to the CoC Board at least annually

4 HMIS LEAD RESPONSIBILITIES Oregon Housing amp Community Services as HMIS Lead works closely with

the CoC and is responsible for maintaining the CoCrsquos HMIS system in compliance with HUD standards OHCS is responsible for coordinating the following activities a Providing operation security maintenance system auditing and technical support of HMIS central

hardware software and connectivity b Executing a written HMIS Participation Agreement with each Contributing HMIS Organization (CHO)

which includes the role obligations and authority of the HMIS Lead and the organization and requirements to comply with security privacy and data quality plans

c Setting up and managing user accounts access levels and passwords d Providing technical and user support for HMIS software including agency account set-up system

monitoring and testing problem diagnosis and resolution and routine software and information maintenance

e Providing and coordinating ongoing training and technical support for the system f Ensuring consistent HMIS participation by CoC and Emergency Shelter Grant (ESG)recipients and

subrecipients g Maintaining and updating a Privacy Plan Security Plan and Data Quality Plan h Ensuring the accuracy of data including regularly assessing that all participating agencies are

accurately and comprehensively capturing participant entry and exit dates and providing technical assistance to correct data quality challenges

i Coordinating regular end user meetings ie HMIS Users Workgroup meetings to discuss software updates data entry report writing and system management issues

j Serving as point of contact for end user questions and concerns k Assessing compliance with the CoCrsquos HMIS Policies and Procedures Manual l Maintaining contact with the software product developer to ensure consistent and uniform

communication among product support personnel and the community m Generating information on the communityrsquos homeless and housing situation for community

planning advocacy and funder reporting requirements n Assisting end users in the creation of custom reports and queries o Providing regular aggregate data reports to participating agencies CoC staff and the CoC Board p Reviewing and implementing product upgrades q Completing the Annual Homeless Assessment Report r Conducting regular data quality checks and providing reports to the CoC Board and s Serving as the applicant to HUD for grant funds to be used for HMIS activities for the CoCrsquos

geographic area as approved by the CoC Board

5 PROVIDER PARTICIPATION Any organization within the CoC geographic region that receives Continuum of Care Program and Emergency Solutions Grant (ESG) funds must participate in HMIS as a Contributing HMIS Organization (CHO) In addition the CoC encourages all providers of services to homeless individuals and families within the CoC geographic area regardless of whether they receive CoC or ESG funds to become a CHO and include their data in HMIS

6 HMIS MANUAL To ensure compliance with HUD requirements the HMIS Lead in collaboration with the

HMIS Coordination Entity HMIS Users Workgroup and other stakeholders is responsible for developing and annually reviewing and updating the CoCrsquos HMIS Policies amp Procedures Manual The manual provides the framework for the ongoing operations of the HMIS system It includes the CoCrsquos privacy data quality and security plans for the HMIS system At any time the HMIS Lead HMIS Coordination Entity HMIS Users Workgroup or CoC Collaborative Committee may identify elements of policies or

Page 77 of 81

14

procedures or other HMIS-related plans that need to be revised Recommendations for revisions are to be submitted to the HMIS Lead The HMIS Lead will present the HMIS Policies amp Procedures Manual to the CoC Board annually or more frequently if significant substantive changes are proposed

E PREPARING AN APPLICATION FOR FUNDS 1 PURPOSE A major function of the Continuum of Care is to prepare and oversee the applications for CoC

funds administered by HUD under the McKinney-Vento Homeless Assistance Act The CoC Program is designed to assist individuals and families experiencing homelessness and to provide the services needed to help them move into housing with the goal of long-term stability The CoC Program funds important housing and services programs such as permanent housing (including permanent supportive housing and rapid re-housing) transitional housing and supportive services programs HUD CoC Program funds are granted annually based on a national competition following the release a Notice of Funding Availability (NOFA) Recipients of Emergency Solutions Grant funds another homeless assistance grant administered under the McKinney-Vento Act are required by HUD to coordinate with the CoC The CoC addresses that requirement through coordinating with the ESG review and ranking process and ESG scoring tool development

2 COLLABORATIVE APPLICANT The Mid-Willamette Valley Council of Governments (COG) is designated as

the CoC Collaborative Applicant and is responsible for leading and supporting all aspects of the annual HUD CoC NOFA application process including submission of the Consolidated Application

3 PROJECT REVIEW PROCESS

a Immediately after HUDrsquos Continuum of Care Program NOFA is released the Collaborative Applicant will coordinate and carry out the activities needed to successfully submit a Consolidated Application on behalf of the CoC

b Tasks required for project review in preparation for NOFA submission include the following

i Prior to the NOFA release the Collaborative Applicant will develop a draft timeline for the NOFA process and design scoring tools and any corresponding local application materials to assist in the review and ranking of renewal and new project applicants Review and ranking materials will take into consideration both local and HUD priorities

ii Scoring tools and the draft timeline will be reviewed by the Performance and Evaluation Committee and recommended to the CoC Board for approval

iii Upon publication of the NOFA the Collaborative Applicant will schedule and publicize a date and time for a Technical Assistance Workshop and finalize the timeline and priorities for the NOFA process

iv Applicants may participate in the Technical Assistance Workshop At the workshop the Collaborative Applicant will present an overview of the NOFA and the process for reviewing and ranking applications The orientation will describe HUD application requirements supplemental local application materials the scoring tool and applicable deadlines and dates Applicants will also have an opportunity to ask questions The CoCrsquos NOFA timeline and application materials will be posted in the CoC webpage

v Applicants will complete and submit application materials by the established deadline vi Late applications will not be accepted vii As an exception to Article IVD3bvi applicants with significant extenuating circumstances may

submit a petition to CoC staff for an extension Extensions require the approval of the CoC Board or the CoC Executive Committee if delegated the authority for this purpose by the Board It is anticipated that exceptions will be granted in very rare circumstances and not applied in

Page 78 of 81

15

situations where advance planning could have resulted in the application being submitted timely

viii Incomplete applications cannot be supplemented with more information or materials to reach a level of completeness once submitted to the CoC for review and ranking but must be completed prior to HUD submission if selected for funding

ix A subcommittee of the Performance and Evaluation Committee is appointed by the CoC Board to review and rank project applications as described in Article II Section E Subcommittee members receive and review application and scoring materials prior to the subcommittee meeting in preparation to score each programrsquos application

x The subcommittee of the Performance and Evaluation Committee meets to jointly discuss and critique each application and may interview applicants as part of the meeting If applicant interviews are included in the review process all applicants must have the opportunity for an interview After discussion and any applicant interviews subcommittee members individually score applications based on the scoring tools

xi A preliminary ranked list is created by the following procedures (a) A ranked list is prepared based on a composite of raw scores for each application (b) Applications that do not meet certain threshold requirements as detailed on the scoring

tool will not be included on the ranked list (c) If the NOFA makes available bonus funds in a program area the highest scoring eligible

projects will be designated for bonus funding in those relevant program areas xii The CoCrsquos goals for priority funding are to promote high-performing projects in alignment with

community and federal priorities Scoring tools will reflect the communityrsquos implementation of local and federal priorities as determined by the CoC Board

xiii Scores and subcommittee feedback on applications are sent to applicants along with a reminder of the appeals process and deadline by the established deadline

4 REALLOCATION OF FUNDS HUD encourages CoCs to reallocate funds from projects with substandard

performance to higher priority community needs that also align with HUD priorities and goals Prior to the release of the NOFA the Performance and Evaluation Committee facilitates a reallocation discussion in consultation with the CoC Collaborative Committee and CoC Board Scenarios for potential reallocation decisions based on the CoCrsquos gaps analysis and strategic plan are provided to the Performance and Evaluation Subcommittee to consider during the ranking process Final reallocation decisions are approved by the CoC Board

5 APPEALS a APPEALS COMMITTEE As described in Article II Section E appeals are considered by the Appeals

Committee or Executive Committee as designated by CoC Board The Appeals Committee will be established only if an applicant requests an appeal

b ELIGIBILITY TO APPEAL Eligible applicants have the opportunity to appeal both their scores and

preliminary rankings prior to the ranked list being finalized and approved by the CoC Board i The following applicants are eligible to appeal

(a) An applicant that receives less funding than applied for (b) An applicant that is ranked below Tier 1 (c) An applicant that is ranked in the bottom third of Tier 1 (d) An applicant that believes its score is not reflective of the application information provided

or (e) An applicant that can describe bias or unfairness in the process that warrants the appeal

ii Applicants that have not met the threshold requirements are not eligible to appeal

Page 79 of 81

16

c APPEALS PROCESS i Appeals must be received in writing with supporting documentation by the established

deadline ii Notices of appeal must be based on the information submitted by the application deadline No

additional or new information will be considered iii The notice of appeal must include a written statement specifying in detail the grounds and

rationale asserted for the appeal iv Valid appeals will be read reviewed and evaluated by the Appeals Committee that will meet to

consider and deliberate appeals based on the applicantrsquos appeal statement and the application materials that the applicant originally submitted to the CoC

v The Appeals Committee will make modifications to the preliminary list based on the results of the appeals process Appeals Committee decisions must be supported by a 23 majority vote

vi The appealing agency will receive a written decision of the Appeals Committee within two (2) business days of the Appeals Committee meeting

vii Appeals Committee decisions result in the final prioritized list submitted for approval to the CoC Board

6 FINAL PRIORITIZED LIST OF APPLICATIONS

a A final ranked project list is submitted to the CoC Board for review and approval after appeals have been determined and the Appeals Committee has made any modifications to the preliminary prioritized list Any Board member with a conflict of interest must recuse himself or herself from all related discussions and abstain from voting on the final priority list As stated in Article II Section A and Article III Board members with conflicts of interest are subject to removal from the Board

b The Collaborative Applicant submits the CoCrsquos approved Consolidated Application to HUD prior to the HUD NOFA deadline

c Conditional award funding is typically based upon the prioritized list of Project Applicants that is submitted however actual awards and award amounts are determined by HUD

ARTICLE V CHARTER AMENDMENTS

1 PROCESS This governance charter may be amended at any CoC Board meeting by a 23 majority vote of the appointed voting Board membership Copies of proposed amendments will be available for review at least one week prior to the Board meeting at which the proposed amendments are considered The Board will seek prior review and recommendation by the CoC Collaborative Committee of any amendments to the charter unless circumstances require an immediate change In the latter situation CoC staff will provide an explanation of the circumstances and provide opportunity for comments and input prior to and as part of the Board meeting

2 FREQUENCY OF REVIEW The CoC Collaborative Committee and Board will review this charter annually

Page 80 of 81

PENDING CITY COUNCIL AGENDA ITEMS 04092020

APRIL 14 2020 - 630 PM APRIL 28 2020 - 630 PM

Agenda items due 1000 am 040920 Agenda items due 1000 am 042320

raquo Hearing amp ord Code changes (comm stds) (Fred)

raquo OLCC appl - The Tap Station (Hedlund) raquo Ordinance - code changes (HPC)

raquo Cherriotts Bus Stop Parking (Kie) raquo Liquor licensing policy

raquo Homeless Alliance IGA (Tom) raquo Alcohol concessions contract (Tom)

raquo AXON contract (Bob) raquo Event Center contract (TomShawn)

raquo Res 1526 USDA grant application (Shawn) raquo Info Report 3Q Finance Report (Gloria)

raquo raquo F Street Design RFP Selection (Kie)

raquo raquoraquo raquo MinutesNotesPACTracking Log

raquo raquo Liaison Reports MINET Park amp Rec

raquo MinutesNotesPACTracking Log and Planning

+ Urban Renewal Agency if needed + Urban Renewal Agency if neededMAY 12 2020 - 630 PM MAY 26 2020 - 630 PM

Agenda items due 1000 am 050720 Agenda items due 1000 am 052120

raquo Parking ordinance update review raquoraquo Arbor Day proclamation raquoraquo TSP Consultant presentation raquoraquo Museum presentation (Carly) raquoraquo Lot 7 DDA (ShawnTom) raquoraquo raquo MinutesNotesPACTracking Log

raquo raquo Liaison Reports Library WIMPEG

raquo MinutesNotesPACTracking Log and Museum Commission

+ Urban Renewal Agency if needed + Urban Renewal Agency if neededJUNE 9 2020 - 630 PM JUNE 23 2020 - 630 PM

Agenda items due 1000 am 060420 Agenda items due 1000 am 061820

raquo raquo Budget Adoption

raquo raquoraquo raquoraquo raquoraquo raquoraquo raquo MinutesNotesPACTracking Log

raquo raquo Liaison Reports Traffic Safety Historic Preservation

raquo MinutesNotesPACTracking Log and Independence Days

+ Urban Renewal Agency if needed + Urban Renewal Agency if neededFuture Items City Council LiaisonsIndpMonm IGA re MINET (City Mgr) Historic Preservation Commission Councilor Takacs2019 Transportation financing discussion (unf bsn) Hop amp Heritage Block Party Councilor CorrDuplex ADU worksession HPC worksession Independence Days Commission Councilor CorrJan 2021 - 9th St Sewer projects bid award (kie) Library Board Councilor MortonOverlay project award (Winter 2020) (Kie) MINET Councilor HicksF St Construction Award Museum Advisory Board Councilor MortonHoffmanGun club intersection project (wk ssn) (Kie) Parks amp Rec Committee Councilor Martin-WillisPublic Hearing LA-04-2018 (HPC code update) (Fred) Planning Commission Councilor Martin-WillisOnstreet parking regulations (BobTom) Traffic Safety Commission Councilor TakacsSidewalk program (KieShawnTom) WIMPEG Councilor Ranstrom-Smith(IMC) update Building Codes provisions

Budget MeetingsMar 25 Budget Committee Orientation (rescheduling TBA)May 6th Budget CommitteeMay 13th Budget CommitteeMay 20th Budget Committee (if needed)June 23rd Council - Budget Adoption

Page 81 of 81

  • Agenda
  • 31 March 24 2020
  • 61 Council Action Memo
  • 61 Cherriots Presentation
  • 71 Council Action Memo
  • 71 Tap Station OLCC application
  • 72 Council Action Memo
  • 72 AXON Proposal
  • 73 Council Action Memo
  • 73 Resolution 20-1526
  • 74 Council Action Memo
  • 74 Interim IGA
  • 74 COG Scope of Work
  • 74 MWHA Governance Charter
  • 91 04-09-2020
Page 7: City of Independence

Page 5 of 7 City Council Minutes 03-24-2020

AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

73 Release of Easement City Manager Pessemier summarized the Council memo as submitted in the agenda packet This would release an existing utility easement granted to the city as part of the Independence Landing project a new easement has been provided

ACTIONCouncilor Corr moved to declare the Public Utility Easement dated November 21 2018 and recorded December 6 2018 Instrument No 2018-014074 as abandoned and no longer in use by the City and authorize the City Manager to execute any documents necessary to release this easement in an executed and recorded Release of Easement Councilor Ranstrom-Smith seconded Motion passed 5-0-0 AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

74 Resolution 20-1524 Authorizing Grant Application Economic Development Director Irvine summarized the Council memo as submitted in the agenda packet This is for a grant application from the Oregon Parks amp Recreation Department for redevelopment of Riverview Park Proposing to utilize SDC funds for grant match

ACTIONCouncilor Ranstrom-Smith moved to approve resolution 20-1524 Authorizing a Grant Application to Oregon Parks amp Recreation Department Councilor Morton seconded Motion passed 5-0-0 AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

75 Resolution 20-1525 Authorizing Grant Application Economic Development Director Irvine summarized the Council memo as submitted in the agenda packet This is for a grant application from the Oregon Land amp Water Conservation Fund for redevelopment of Riverview Park Proposing to utilize SDC funds for grant match

ACTIONCouncilor Martin-Willis moved to approve Resolution 20-1525 Authorizing Application for a Local Government Grant from the Oregon Land amp Water Conservation Fund Councilor Takacs seconded Motion passed 5-0-0 AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

76 Council Bill 2020-02 Amends Independence Development Code File No LA-2019-04 Planner Evander summarized the Council memo as submitted in the agenda packet Staff is submitting the legislation that would amend the Independence Development Code as approved at the public hearing for Legislative Amendment

Page 7 of 81

Page 6 of 7 City Council Minutes 03-24-2020

LA-2019-04 at public hearing on February 25th

ACTION1st MOTION Councilor Morton moved to read the proposed Ordinance Council Bill 2020-02 in full as the text is contained in the Council packet for the first time Councilor Takacs seconded Motion passed 5-0-0 AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

City Recorder Johnson read the ordinance title

2nd MOTION Councilor Martin-Willis moved to read the proposed Ordinance Council Bill 2020-02 for the second time by title only Councilor Ranstrom-Smith seconded Motion passed 5-0-0 AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

City Recorder Johnson read the ordinance title

3rd MOTION Councilor Martin-Willis moved to adopt the proposed Ordinance Council Bill 2020-02 Councilor Takacs seconded Motion passed 5-0-0 AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

City Recorder Johnson announced the bill passed and will be assigned ordinance number 1576

Councilor Martin-Willis thanked Evander for his diligent and persistent work on this project

Mayor McArdle thanked staff for putting this meeting together appreciates all city staff to keep us moving forward

8 COUNCIL ANNOUNCEMENTS None

9 GENERAL INFORMATION Items submitted in the packet are for information only no action was required by city council

10 ADJOURN There being no further business to come before the council Councilor

Page 8 of 81

Page 7 of 7 City Council Minutes 03-24-2020

Martin-Willis moved to adjourn motion passed 5-0-0 AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

Meeting adjourned 719 pm

__________________________________MAYOR JOHN McARDLE

ATTEST

____________________________________Karin Johnson MMC City Recorder

Page 9 of 81

Page 10 of 81

555 South Main Street Post Office Box 7 Independence OR 97351

Phone 503838-1212 Fax 503606-3282 email kcottamciindependenceorus

[ ] Information Only [ X ] Action Requested

Statement of IssueStaff is requesting the authority to allow Cherriots Public Transportation services to install 12 new bus stops in Independence

BackgroundCherriots has made 2 previous presentations to council for new bus route and service one in June 2019 and one this year on February 25th Today is the final presentation and request for installation of 12 new bus stops

DiscussionThe city has committed to improving public transportation with several partners Cherriots Public Transportation is an important link to our neighboring cites in Polk County This new service will enter neighborhoods frequently to provide transportation alternatives We are asking council for permission to install yellow curb at these stops approximately 50rsquo is needed for the bus to safely load and unload riders That is the equivalent of 2 parking spaces per stop The stops were placed with taking the minimal amount of parking in mind Both the Public Works Dept and Police Dept inspected and approved every stop proposed We estimate that fewer than 16 parking spots will be needed city wide

Fiscal ImpactCherriots will install and paint the curbs yellow the city will then maintain the stops from the transportation dept funds I do not have an exact amount for maintaining the stops however impact will be minimal

Options1 Approval to allow Cherriots Public Transportation Services to install 12 new bus stops in Independence 2 Defer action requesting additional information3 Deny request

CITY OF INDEPENDENCEPUBLIC WORKS MEMORANDUM

TO Mayor and City Council FROM Kie CottamMEETING DATE 04092020

SUBJECT Cherriots Bus Route 45

Page 11 of 81

555 South Main Street Post Office Box 7 Independence OR 97351

Phone 503838-1212 Fax 503606-3282 email kcottamciindependenceorus

RecommendationSuggested MotionStaff recommends Option 1

Suggested Motion ldquoI move to authorize Cherriots Public Transportation Services to install 12 new bus stops in Independence at the locations as provided by Cherriots staffrdquo

AttachmentsA Cherriots Presentation

Memo prepared by Kie Cottam PW Director

Page 12 of 81

492020

1 1

Route 45 Bus Stop Parking RemovalsIndependence City Council Meetingndash April 14 2020By Ted Stonecliffe Transit Planner II

2

Introductionbull Public outreach completedbull Purpose of bus stop parking removal requestbull Responses to neighbor concernsbull Vehicle typebull Locations of bus stops proposedbull Next stepsbull Conclusionsbull Questions and answers

1

2

Page 13 of 81

492020

1 2

3

Public outreach completed

Public surveybull Conducted in-person outreach events and a six-week online

survey in Summer 2019City council appearances

bull June 2019 February 2020 April 2020

Property owners adjacent to new stopsbull Sent letters certified return receipt USPS mail to each

adjacent property ownerbull Door hangers placed on 160 doors in vicinity of on-street

parking removals and new bus stopsbull Website with all the details cherriotsorgNewRoute45

4

Purpose of bus stop parking removalsbull Buses must have direct access to the curb in order to

loadunload passengers safely especially in mobility devicesbull In order to comply with the Americans with Disabilities Act

(ADA)

Responses to concerns

bull Worked with neighbors on 4th Street to find a better southbound bus stop location

bull Eliminated northbound bus stop on 13th Street in response to neighbor complaint

bull Minimizing parking removals for E Street due to heavy on-street parking occupancy

3

4

Page 14 of 81

492020

1 3

5

Vehicle typebull 25-ft long 14 seats wheelchair lift-equippedbull Needs 50 feet of parking removed at each location

6

Route 45 bus stop locations in Independence (12 new 4 existing)

Monmouth Independence

5

6

Page 15 of 81

492020

1 4

7

Website examples of parking removals

E Street (between 10th and 11th ) Main Street Oak Street

8

Next Stepsbull Seek approval for stops and no-parking zones from three cities ndash

April amp May

bull Release bid package to potential contractors ndash June or July

bull Begin marketing new service at least 30 days in advance of launch

bull Install new stop poles amp signs ndash August

bull Launch new service September 2020

bull Continue marketing new service actively in September

7

8

Page 16 of 81

492020

1 5

9

Conclusionsbull Public outreach allowed public to weigh in on service

design and bus stop locationsbull Property owners have been notified of pending parking

removals by the citybull Removal of parking is necessary for the safety of the riding

public and to comply with the ADAbull Worked with community members and city public works

department to develop final planbull Request for parking removals for bus stops will come from

public works department (Kie Cottam)

10

Questions

9

10

Page 17 of 81

492020

1 6

11

11

Page 18 of 81

CITY OF INDEPENDENCE OREGONMEMORANDUM

TO Honorable Mayor and City Council

FROM Tom Pessemier City Manager

SUBJECT New Establishment Liquor License Applicant

DATE April 9 2020

Action Requested X Information Only

Statement of Issue

The Tap Station LLC DBA The Tap Station located at 87 N Main St has made an application with the Oregon Liquor Control Commission for Additional Privilege This license would allow the licensee to sell wine malt beverages and ciders for Off-Premises Consumption This application is submitted as a result of the recent restrictions put into place for licensed establishments regarding COVID-19 The additional license would allow The Tap Station to selldeliver their products to the consumer for off-premises consumption I have spoken to the OLCC regarding this and they are currently seeing a large increase in these applications and as a result are granting 90-day temporary authority at application with a requirement for follow-up reviewrecommendation by the local authority prior to final decisions or issuance

Background

In 1992 our City adopted resolution 881 which establishes criteria for screening liquor license applications The police department was assigned the task to do initial reviews of each liquor license application The police department then completes a staff report on those findings for the City Council review

Analysis

I have conducted a background investigation for The Tap Station as well as Christopher Ream and did not locate any issues I believe would hinder his operation of this business Christopher has owned and operated The Tap Station since he took over its ownership in the middle of 2019 with no issues or calls for service related to alcohol at the establishment

Fiscal Impact

Page 19 of 81

As of this date I do not know if the fees for this application have been paid

Options

1 Council may recommend approval for this establishment pending the payment of all city fees

2 Council may recommend denying the license for this establishment if reasonable grounds can be established

3 Council may impose an option of its own choosing

Recommended Motion

Option 1 I move to recommend approval of the above liquor license request pending payment of all fees

Attachments

Liquor license application for Additional Privilege

Memo Prepared by

Sergeant Justin Hedlund 46248

Page 20 of 81

reg Read ImportantOregon law requires that every applicant for a liquorlicense obtain a written recommendationfrom the governing body of the county if the place of business of the applicant is outside theincorporated city or from the city councilif the place of business of the applicant is within anincorporated city You must take the attached a lication forms to the a ro riategoverning body After the endorsement process is completed a representative from the city orcounty willcontact you to pick up the application You may deliver the application to the OLCCoffice or retain it until it is requested by the license investigator

Oregon Liquor Control Commission200 Hawthorne Avenue SE Suite Bmdash210Salem OR 97301

Questions Call (503) 378-4871

Page 21 of 81

OREGON LIQUORCONTROLCOMMISSION

LIQUORLICENSEAPPLICATION1 Application Do not includeany OLCCfees with your application packet (the licensefee willbe collected at a latertime) Application is being madefor

LicenseApplied For CITYAND COUNTYUSEONLYBrewery 1st LocationBrewery 2nd LocationBrewery 3rd Location

BrewerymdashPublicHouse 1st LocationBrewery-Public House Znd LocationBrewerymdashFublicHouse 3rd LocationDistillery

Date application received andordate stamp

Name of City or County

FullOn~Premises CommercialFullOnmdashPremisesCatererFull OnmdashPremisesPassenger Carrier

FullOn~Premises Other Public LocationFullOnmdashPremisesFor Profit Private Club

Recommends this license be

III Granted D Denied

FullOnmdashPremisesNonprofit Private Club By

Grower Sales Privilege 1st Location

E Grower Sales Privilege 2nd Location Datelsquo

Grower Sales Privilege 3rd Location OLCCUSEONLYLimited On~Premises

Dateapplictiop receivedOffmdashP lsquo

XI remises

Off-Premises with Fuel PumpsK

V lsquo

Warehouse

ByWholesale Malt Beverage amp Wine

Winery 1st Location LicenseAction(s)Winery Znd Location

Winery 3rd Location

Winery 4th Location He _ Winery 5th Location I IIraquo

2 ldentifythe app|icant(s) applyingforthe license(s) ENTITY(example corporation or LLC)or IND|VlDUAL(S)applyingfor the license(s)

__ raquomdash F7)lee leeSTPiTOs3LLC EmsectQEoCgcEm

(Applicant1) (Applicant2)w JUN

mt I

(Applicant3) (Applicant4) REU_w_lsquo _ -KJI

3 Trade Name ofthe Business (Name Customers Will See)

rdquozTrsigtsectT1rsquorIOlsquovlsquo)4 Business Address (Number and Street Address of the Location that will have the liquor license)

euro7 3 H-IMFraquo STCity ZipCelNraquoDeuroPtNDtNltE rsquoigtoLg 733i

County

OLCCLiquor License Application (Rev 1110)

Page 22 of 81

TtEliigtsectTlTOM5 Trade Name of the Business (Name Customers WillSee)

6 Does the business address currently have an OLCCliquor license E YESlNo7 Does the business address currently have an OLCCmarijuana license EYESXJNO

VDTEOK318 MailingAddressPOBox Number Street Rural Route (where the OLCCwillsend your mail)

City

sectPxE

State

GELZip Code

973019 Phone Number of the Business Location

Btu3amp3 I 17w10 EmailContact for this Application

xxoLtCoIVi11 Contact Person for this Application

Otilsect ilElsquotM

VierctP one Number

OmrsquoSlWtCW3rsquoContact Persons Mailing Address (if different)

701eatevtao we seCity

Sltuim

State Zip Code

OR 0tlsquoIsect07__

Please note that liquor license applications are public records A copy of the application will be posted on the OLCC

website for a period of several weeks

I understand that marijuana (such as use consumption ingestion inhalation samples give-away sale etc) isprohibited on

the licensedpremises

I attest that allanswers on all forms documents and information provided to the OLCCare true and complete

Applicant Signatu rels)

- Each individual person listed as an applicant must sign the application

0 if an applicant is an entity such as a corporation or LLCat least one person who is authorized to sign for the entity

must sign theapplication- A person with the authority to sign on behalf of the applicant (such as the applicants attorney or a person with

power of attorney) may sign the application Ifa person other than an applicant signs the application please

wideroo fsignatureauthority

(A (Applicant2)

(App|icant3) (App|icant4)

otcc Liquor License Application (Rev 11201

Page 23 of 81

OREGON LIQUOR CONTROL COMMISSION

BUSINESS INFORMATION

Please Print or Type

Applicant Name ItET9 StPtT1gtsectgt Phone euroL FZFIVITrade Name (dba) THETAP 3 Tioixs

Business Location Address

City BEPEHDEMCF ZIP Code Ci73sectl

DAYSAND HOURS OF OPERATION

Business Hours Outdoor Area HoursSunday 7mdash- to E2314 Sunday

toMondairsquo __i T0_m MondayTU95daY A I0 E TuesdayWednesday i to WednesdayThursday 3 to

EIFriday __L to __jSaturday IS to I

The outdoor area is used for

KlsquoFood service

Aicohol service

Hours

to

area is adequately viewed andorused by Service Pennittees

(investigators Initials)

Seasonal Variations l31YesEl No if yes explain USEH-qkxig LQ1+JTiZHOOKZRuse Co-mgt-q HRS QceemdashClsquonpoundboeuroeuroeuroJiigtmecent HDUKB

ENTERTAINMENT Check anthat app|y DAYS amp HOURS OF LIVE OR DJ MUSIC

MLive Music E Karaoke

tE Recorded Music D CommdashoperatedGames sectrj3 tgDJ Music B Video Lottery Machines Tuesday to

Wednesday toD Dancing WSocial Gaming Thursday SIDSFriday g to D Nude Entertainers D Pool Tables Saturday 3 to I

D Other

SEATINGCOUNT

Restaurant Outdoor grCraquo OLCC USE ONLY

lsquobk Investigator Veried Seating__(Y) __(N)

Lounge _pound_ Other (explain)mvasgamllnmms

I

lsquo

Banquet Total Seating Date

I understand if my answei7euro)ote a complete the OLCC may deny my license application

Applicant SignatureU

-lsquo Date 3 Z3 lsquoT Z0101-800-452-OLCC (6522)

wwworegongovolcc yrsldquo 1207)Page 24 of 81

555 South Main Street Post Office Box 7 Independence OR 97351

Phone 503838-1212 Fax 503606-3282 email tpessemierciindependenceorus

TO Mayor and City Council FROM City Manager Tom Pessemier MEETING DATE April 14 2020 SUBJECT Approval of 5-year sales contract for

AXON services [ ] Information Only [ X ] Action Requested Statement of Issue A 5-year sales contract with AXON for body-worn cameras Tasers and digital cloud-based storage with software interface is submitted for council consideration Background In 2014 the City of Independence started using body worn cameras in the police department We started by testing different platforms selecting AXON as our preferred provider then negotiated a 5-year contract which was partially grant funded Our current contract expires this month and we have negotiated a new contract for Council consideration Discussion Included in the contract being considered today AXON provides body cameras and Tasers for our officers and CSOrsquos training and training aids and Taser devices for our patrol staff to wear while on patrol These devices are covered under a warranty for the life of the contract as well as a provision for camera replacement around the half-way point of the contract to the newest technology available Certification training for our instructor to be certified to train our staff and other training materials are also included The sales contract also includes software and cloud storage of video The AXON platform which we currently use allows us the ability to transfer video directly to the DArsquos office or others electronically rather than having to build DVDrsquos of video which has saved our records department a lot of time It also provides the ability for citizens to upload video directly to our AXON cloud as well as video redaction capabilities which allows us to comply with Oregon law

CITY OF INDEPENDENCE MEMORANDUM

Page 25 of 81

555 South Main Street Post Office Box 7 Independence OR 97351

Phone 503838-1212 Fax 503606-3282 email tpessemierciindependenceorus

Fiscal Impact The total 5-year contract cost is $131786 broken into annual payments of $26357 Funds are available for this fiscal year in the police department operating budget Funds would be included in the police department budget request for contract years 2-5 Options

1 Approve the contract as proposed 2 Approve the contract with amendments 3 Take no action

RecommendationSuggested Motion Staff recommends Option 1

ldquoI move to authorize the City Manager to sign a service contract for body worn cameras tasers and cloud storage with AXONrdquo Attachments

A Proposed AXON contract

Memo prepared by Robert Mason Police Chief

Page 26 of 81

Payment Terms Net 30

Delivery Method Fedex - Ground

Q-251225-43927723KP

Year 1

Item DescriptionTerm

(Months)Quantity

List Unit

Price Net Unit Price Total (USD)

Axon Plans amp Packages

20248 TASER 7 EVIDENCECOM ACCESS LICENSE 60 1 000 000 000

73687 EVIDENCECOM VIEWER LICENSE 60 1 000 000 000

73746 PROFESSIONAL EVIDENCECOM LICENSE 60 11 000 000 000

73686EVIDENCECOM UNLIMITED AXON DEVICE

STORAGE60 11 000 000 000

73683 10 GB EVIDENCECOM A-LA-CART STORAGE 60 110 000 000 000

73449 AWARE LICENSE 60 11 000 000 000

20248 TASER 7 EVIDENCECOM ACCESS LICENSE 60 11 000 000 000

20246TASER 7 DUTY CARTRIDGE REPLACEMENT

ACCESS LICENSE60 11 000 000 000

73683 10 GB EVIDENCECOM A-LA-CART STORAGE 60 10 000 000 000

73840 EVIDENCECOM BASIC ACCESS LICENSE 60 10 000 000 000

Hardware

20160TASER 7 HOLSTER - SAFARILAND RH+CART

CARRIER11 000 000 000

75015 SIGNAL SIDEARM KIT 11 000 000 000

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

Issued 04062020

Quote Expiration 05152020

Account Number 110011 Axon Enterprise Inc17800 N 85th St

Scottsdale Arizona 85255

United States

Phone (800) 978-2737

Protect Life

PRIMARY CONTACT

Justin Hedlund

Phone (503) 837-1109

Email hedlundjustinciindependenceorus

BILL TO

Independence Police Dept - OR

P O Box 7

Independence OR 97351

US

SHIP TO

Justin Hedlund

Independence Police Dept - OR

555 S Main Street

Independence OR 97351

US

SALES REPRESENTATIVE

Kyle Panasewicz

Phone (480) 905-2071

Email kylepaxoncom

Fax (480) 658-0673

Q-251225-43927723KP

1

Page 27 of 81

Year 1 (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware (Continued)

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

20014TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE STANDOFF (322 000 000 000

20015TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE CLOSE QUART22 000 000 000

20008TASER 7 HANDLE HIGH VISIBILITY (GREEN

LASER) CLASS 3R11 000 000 000

20040 TASER 7 HANDLE WARRANTY 4-YEAR 11 000 000 000

20018 TASER 7 BATTERY PACK TACTICAL 13 000 000 000

20041TASER 7 BATTERY PACK WARRANTY 4-

YEAR13 000 000 000

20042TASER 7 DOCK amp CORE WARRANTY 4-

YEAR1 000 000 000

70033WALL MOUNT BRACKET ASSY

EVIDENCECOM DOCK1 000 000 000

74200 TASER 7 6-BAY DOCK AND CORE 1 000 000 000

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)33 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)33 000 000 000

20016TASER 7 INERT CARTRIDGE STANDOFF

(35-DEGREE)1 000 000 000

20017TASER 7 INERT CARTRIDGE CLOSE

QUARTERS (12-DEGREE)1 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

73202 AXON BODY 3 - NA10 5 69900 63260 316300

74028 WING CLIP MOUNT AXON RAPIDLOCK 5 000 000 000

11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 5 000 000 000

Other

73810 OFFICER SAFETY PLAN 7 60 11 000 000 000

Not Eligible

TASER 7

INSTRUCTO

R COURSE

VOUCHER

Not Eligible TASER 7 INSTRUCTOR COURSE

VOUCHER1 000 000 000

Protect LifeQ-251225-43927723KP

2

Page 28 of 81

Year 1 (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Other (Continued)

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 132442 1456862

Not Eligible

TASER 7

MASTER

INSTRUCTO

R SCHOOL

VOUC

Not Eligible TASER 7 MASTER INSTRUCTOR

SCHOOL VOUCHER1 000 000 000

Not Eligible

Target and

Frame

Not Eligible Target and Frame 11 000 000 000

Not Eligible

Halt SuitNot Eligible Halt Suit 1 000 000 000

20135OCULUS GO STANDALONE VIRTUAL

REALITY HEADSET1 000 000 000

20247TASER 7 ONLINE TRAINING CONTENT

ACCESS LICENSE60 11 000 000 000

20249VR EMPATHY DEVELOPMENT AUTISM

SCHIZOPHRENIA ACCESS LICENSE60 11 000 000 000

73827 AB3 CAMERA TAP WARRANTY 60 5 000 000 000

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2118510

Estimated

Shipping000

Estimated Tax 000

Total 2118510

Year 1 - TAP Refresh

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

74210 AXON BODY 3 - 8 BAY DOCK 2 000 000 000

73202 AXON BODY 3 - NA10 11 000 000 000

74028 WING CLIP MOUNT AXON RAPIDLOCK 16 000 000 000

11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 11 000 000 000

73202 AXON BODY 3 - NA10 1 69900 000 000

74028 WING CLIP MOUNT AXON RAPIDLOCK 1 000 000 000

11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 1 000 000 000

Protect LifeQ-251225-43927723KP

3

Page 29 of 81

Year 1 - TAP Refresh (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Other

73828 AB3 8 BAY DOCK TAP WARRANTY 60 2 000 000 000

73827 AB3 CAMERA TAP WARRANTY 60 11 000 000 000

71019NORTH AMER POWER CORD FOR AB3 8-

BAY AB2 1-BAY 6-BAY DOCK2 000 000 000

73827 AB3 CAMERA TAP WARRANTY 60 1 000 000 000

Subtotal 000

Estimated Tax 000

Total 000

Year 1 - T7 Certification

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Axon Plans amp Packages

20248 TASER 7 EVIDENCECOM ACCESS LICENSE 60 6 000 000 000

20246TASER 7 DUTY CARTRIDGE REPLACEMENT

ACCESS LICENSE60 6 000 000 000

Hardware

20160TASER 7 HOLSTER - SAFARILAND

RH+CART CARRIER6 000 000 000

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

20014TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE STANDOFF (312 000 000 000

20015TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE CLOSE QUART12 000 000 000

20008TASER 7 HANDLE HIGH VISIBILITY (GREEN

LASER) CLASS 3R6 000 000 000

20040 TASER 7 HANDLE WARRANTY 4-YEAR 6 000 000 000

20018 TASER 7 BATTERY PACK TACTICAL 6 000 000 000

20041TASER 7 BATTERY PACK WARRANTY 4-

YEAR6 000 000 000

20016TASER 7 INERT CARTRIDGE STANDOFF

(35-DEGREE)1 000 000 000

20017TASER 7 INERT CARTRIDGE CLOSE

QUARTERS (12-DEGREE)1 000 000 000

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)18 000 000 000

Protect LifeQ-251225-43927723KP

4

Page 30 of 81

Year 1 - T7 Certification (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware (Continued)

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)18 000 000 000

20050 HOOK-AND-LOOP TRAINING (HALT) SUIT 1 75000 67875 67875

Other

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

Not Eligible

TASER 7

INSTRUCTO

R COURSE

VOUCHER

Not Eligible TASER 7 INSTRUCTOR COURSE

VOUCHER1 000 000 000

Not Eligible

Taser 7

Evidenceco

m Admin

License

Not Eligible Taser 7 Evidencecom Admin

License1 000 000 000

Not Eligible

TASER 7

MASTER

INSTRUCTO

R SCHOOL

VOUC

Not Eligible TASER 7 MASTER INSTRUCTOR

SCHOOL VOUCHER1 000 000 000

Not Eligible

Target and

Frame

Not Eligible Target and Frame 6 000 000 000

Not Eligible

Halt SuitNot Eligible Halt Suit 1 000 000 000

Not Eligible

for VR

Headset

Not Eligible for VR Headset 1 000 000 000

20247TASER 7 ONLINE TRAINING CONTENT

ACCESS LICENSE60 6 000 000 000

20249VR EMPATHY DEVELOPMENT AUTISM

SCHIZOPHRENIA ACCESS LICENSE60 6 000 000 000

80087TASER 7 TARGET CONDUCTIVE

PROFESSIONAL (RUGGEDIZED)1 15000 13575 13575

Protect LifeQ-251225-43927723KP

5

Page 31 of 81

Year 1 - T7 Certification (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Other (Continued)

20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 49500 44798 44798

Subtotal 517208

Estimated Tax 000

Total 517208

Year 1 - Trade In

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Other

20104 TASER 7 TRADE-IN UPFRONT PURCHASE 17 000 000 000

Subtotal 000

Estimated Tax 000

Total 000

Year 2

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

Other

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 172674 1899414

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2635722

Estimated Tax 000

Total 2635722

Protect LifeQ-251225-43927723KP

6

Page 32 of 81

Year 3

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

20014TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE STANDOFF (322 000 000 000

20015TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE CLOSE QUART22 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

20014TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE STANDOFF (312 000 000 000

20015TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE CLOSE QUART12 000 000 000

Other

73309 AXON BODY CAMERA REFRESH ONE 11 000 000 000

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 172674 1899414

73689 MULTI-BAY BWC DOCK MID REFRESH 2 000 000 000

73309 AXON BODY CAMERA REFRESH ONE 1 000 000 000

73309 AXON BODY CAMERA REFRESH ONE 5 000 000 000

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2635722

Estimated Tax 000

Total 2635722

Protect LifeQ-251225-43927723KP

7

Page 33 of 81

Year 4

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

Other

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 172674 1899414

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2635722

Estimated Tax 000

Total 2635722

Year 5

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

Protect LifeQ-251225-43927723KP

8

Page 34 of 81

Year 5 (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware (Continued)

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

Other

73310 AXON BODY CAMERA REFRESH TWO 11 000 000 000

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 172674 1899414

73688 MULTI-BAY BWC DOCK FINAL REFRESH 2 000 000 000

73310 AXON BODY CAMERA REFRESH TWO 1 000 000 000

73310 AXON BODY CAMERA REFRESH TWO 5 000 000 000

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2635722

Estimated Tax 000

Total 2635722

Grand Total 13178606

Protect LifeQ-251225-43927723KP

9

Page 35 of 81

Summary of Payments

Payment Amount (USD)

Year 1 2118510

Year 1 - TAP Refresh 000

Year 1 - T7 Certification 517208

Year 1 - Trade In 000

Year 2 2635722

Year 3 2635722

Year 4 2635722

Year 5 2635722

Grand Total 13178606

Discounts (USD)Quote Expiration 05152020

List Amount 15120900

Discounts 1942294

Total 13178606

Total excludes applicable taxes

Protect LifeQ-251225-43927723KP

10

Page 36 of 81

Notes

The parties agree that Axon is granting a credit of $306000 (applied to Year 1 Payment) for trade-in of CEW hardware This credit is based on a ship date range of 512020-

5152020 resulting in a 612020 contract start date Any change in this ship date and resulting contract start date will result in modification of this credit value which may

result in additional fees due to or from Axon

Axon BWC hardware contained in this quote is at zero cost as a TAP refresh of contracts 00004618 and 00010394 The parties agree that all TAP obligations of contracts

00004618 and 00010394 have been fulfilled

Purchase of TASER 7 are governed by the TASER 7 Agreement located at httpswwwaxoncomlegalsales-terms-and-conditions and not the Master Services and

Purchasing Agreement referenced below

Tax is subject to change at order processing with valid exemption

Axonrsquos Sales Terms and Conditions

This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axonrsquos Master Services and Purchasing Agreement

(posted at wwwaxoncomlegalsales-terms-and-conditions) as well as the attached Statement of Work (SOW) for Axon Fleet andor Axon Interview

Room purchase if applicable Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions By

signing below you represent that you are lawfully able to enter into contracts If you are signing on behalf of an entity (including but not limited to the

company municipality or government agency for whom you work) you represent to Axon that you have legal authority to bind that entity If you do not

have this authority please do not sign this Quote

Signature CustSIG Date CustDate

Name (Print) CustName Title CustTitle

PO (Or write

NA) CustPo

Please sign and email to Kyle Panasewicz at kylepaxoncom or fax to (480) 658-0673

Thank you for being a valued Axon customer For your convenience on your next order please check out our online store buyaxoncom

The trademarks referenced above are the property of their respective owners

Protect LifeQ-251225-43927723KP

11

Axon Internal Use Only

Review 1 Review 2

SFDC Contract

Order Type

RMA

Address Used

SO

Comments

Page 37 of 81

Page 38 of 81

555 South Main Street Post Office Box 7 Independence OR 97351Phone 503838-1212 Fax 503606-3282 email kjohnsonciindependenceorus

TO Mayor and City CouncilFROM Shawn Irvine Economic Dev Dir

MEETING DATE April 14 2020SUBJECT Resolution Rural Business

Development Grant Application

[ ] Information Only [ X ] Action Requested

Statement of Issue Staff is requesting Council approve a resolution supporting a grant application to fund the development of a shared-use commercial kitchen facility downtown

BackgroundFor several years the City has worked with local and regional partners to support entrepreneurship and the growth of small businesses These classes and programs have supported a number of successful businesses including several located downtown The past two years the City has partnered with IndyCommons ndash the downtown co-working space ndash to run a series of meetups and classes intended to identify potential business clusters within the communityrsquos entrepreneurs Food-based businesses were the top cluster identified

The mid-Willamette Valley is the largest and most diverse agricultural production region in the state with over 170 different crops being grown It also has a concentration of large and small value-added food products companies that leverage the diverse agricultural products for their businesses The USDArsquos Rural Business Development Grant program supports proposals that offer assistance and training for small businesses in rural communities

DiscussionOver the last decade development of a shared-use commercial kitchen has come up several times in the Cityrsquos regional economic development work These facilities allow licensed users to rent the space on an hourly basis for trying new recipes developing new products and small-scale production The ability to rent a licensed facility enables entrepreneurs to test their ideas and products prior to making the significant investment into building their own commercial kitchen While there has been strong and consistent interest in such a facility from entrepreneurs it is a complex enough project that nobody was willing to be the organizer and operator

IndyCommons opened four years ago successfully bringing the shared space co-working model to downtown Independence Last year the company spun off a new non-profit IndyIdeaHub to support entrepreneurship programming and development in the community and region With the success of the co-working space and the new non-profit IndyCommons is ready to tackle a shared-use commercial kitchen They have leased the neighboring space in their building and plan to operate a shared kitchen and event space with ldquomicro retailrdquo in the storefront Micro retail rents shelf space to entrepreneurs instead of an entire store reducing the startup cost for a new product company and enabling them to test the market for new products without the cost of renting an entire store The kitchen event space and micro retail

CITY OF INDEPENDENCEMEMORANDUM

Page 39 of 81

555 South Main Street Post Office Box 7 Independence OR 97351Phone 503838-1212 Fax 503606-3282 email kjohnsonciindependenceorus

space would work in concert creating a kind of food incubator while also drawing people downtown for pop up dinners and other events

IndyCommons is leasing the space and the Cityrsquos grant application would support the non-profitrsquos work to outfit and operate the kitchen while offering business development programs The grant will request approximately $90000 matched with funds from IndyCommons and a $60000 Rural Opportunity Initiative grant the City received through Business Oregon which supports programming for food-based entrepreneurship

While the City is requesting the grant and supporting development of this kitchen facility its users will not be limited just to Independence residents As with IndyCommons anyone willing to travel to the facility and pay the rental fee will be able to use it Programs and classes will also be open to anyone from the region

Fiscal Impact Staff time will be spent writing the grant and if awarded coordinating the project No City funds will be used as match for this project

Options1 Approve the resolution as submitted2 Approve the resolution with amendments3 Take no action

RecommendationSuggested MotionStaff recommends Option 1

Suggested motion ldquoI move to approve Resolution 20-1526 Authorizing the City to Apply for a Rural Business Development Grantrdquo

AttachmentsA Resolution 20-1526

Page 40 of 81

Page 1 of 2 Resolution 20-1526 Authorizes USDA Grant Application

BEFORE THE CITY COUNCIL OF THE CITY OF INDEPENDENCE

COUNTY OF POLK STATE OF OREGON

IN THE MATTER OF AUTHORIZING THE CITY ]OF INDEPENDENCE TO APPLY FOR A RURAL ]BUSINESS DEVELOPMENT GRANT FROM THE ]UNITED STATES DEPARTMENT OF AGRICULTURE ]FOR DEVELOPMENT OF A SHARED-USE ]COMMERCIAL KITCHEN FACILITY AND ]DELEGATING AUTHORITY TO THE CITY ]MANAGER TO SIGN THE APPLICATION ]

RESOLUTION 20-1526

A RESOLUTION AUTHORIZING APPLICATION FOR USDA GRANT

WHEREAS the USDA is accepting applications for its Rural Business Development Program and

WHEREAS the City of Independence has the capacity to administer the grant and desires to participate in this grant program to the greatest extent possible as a means of providing needed business development and entrepreneurship programming and

WHEREAS Staff have identified development of food-based businesses as a successful regional business cluster which could be expanded within the City of Independence and

WHEREAS local and regional economic development plans have identified a shared-use commercial kitchen as an important asset to reduce barriers to entry for food-based startup businesses and

WHEREAS the City of Independence has an existing partnership with IndyCommons to support entrepreneurship and business development within the community and

WHEREAS the City of Independence has available matching funds from the State of Oregonrsquos Rural Opportunity Initiative which will fund food-based business programming and services at the new kitchen facility and

Page 41 of 81

Page 2 of 2 Resolution 20-1526 Authorizes USDA Grant Application

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF INDEPENDENCE AS FOLLOWS

Section 1 The City Council demonstrates its support for the submittal of a grant application to the United States Department of Agriculture for development of a shared-use commercial kitchen and delegates authority to sign grant documents to City Manager Tom Pessemier

Section 2 This Resolution shall be effective following its adoption by the City Council

Passed by the City Council this 14th of April 2020

Effective Date April 14 2020Signed by the Mayor April 14 2020

__________________________John McArdle Mayor

ATTEST

_______________________Karin Johnson MMCCity Recorder

Page 42 of 81

555 South Main Street Post Office Box 7 Independence OR 97351Phone 503838-1212 Fax 503606-3282 email tpessemierciindependenceorus

TO Mayor and City CouncilFROM City Manager Tom Pessemier

MEETING DATE April 14 2020SUBJECT Approval of IGA Mid-Willamette Valley

Homeless Alliance Continuum of Care

[ ] Information Only [ X ] Action Requested

Statement of IssueAn Inter-Governmental Agreement concerning the Mid-Willamette Valley Homeless Alliance is submitted for council consideration

BackgroundIn 2019 the City of Independence along with the cities of Monmouth Keizer Salem the Salem-Keizer School District Polk and Marion counties and the Confederated Tribes of Grand Ronde and with the Mid-Willamette Valley Council of Governments (COG) formally organized the Mid-Willamette Valley Homeless Alliance (MWVHA) which serves as our regionrsquos Continuum of Care (CoC) The CoC is committed to the goal of preventing and ending homelessness within Polk and Marion counties The CoC was recognized by the US Housing and Urban Development Department (HUD) on 12-11-19 and to that end a formal Governance Charter was approved by the MWVHA Board of Directors on 2-13-20

The MWVHA Board of Directors is a collaboration of the members and the COG has provided administrative support for the member governments The MWVHA is not a legal entity and HUD regulations require a legal entity to serve as the Collaborative Applicant for a Continuum of Care therefore an ORS 190 entity (Inter-Governmental Agreement or IGA) is proposed to be formed to allow the member governments to contract with the COG to provide services and for the COG to be reimbursed

DiscussionTime is of the essence this IGA establishes the terms and conditions under which the member governments will coordinate to support the MWVHA through contracting with the COG to serve as the Collaborative Applicant This IGA is a short-term solution until a new entity is designated and would expire on August 13 2020

Fiscal ImpactNo additional fiscal impact Funds have been reservedbudgeted for this project

Options1 Approve the IGA as proposed2 Approve the IGA with amendments3 Take no action

RecommendationSuggested Motion

CITY OF INDEPENDENCEMEMORANDUM

Page 43 of 81

555 South Main Street Post Office Box 7 Independence OR 97351Phone 503838-1212 Fax 503606-3282 email tpessemierciindependenceorus

Staff recommends Option 1

ldquoI move to approve the cityrsquos participation in the ORS 190 concerning the Mid-Willamette Valley Homeless Alliance and to authorize the City Manager to sign the related documentsrdquo

AttachmentsA Interim IGAB COG Scope of WorkC MWHA Governance Charter

Memo prepared by Karin Johnson City Recorder

Page 44 of 81

1 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

1 PARTIES TO AGREEMENT

This Agreement by and between the Confederated Tribes of the Grand Ronde (ldquoGrand Ronderdquo) Marion County (ldquoMarionrdquo) Polk County (ldquoPolkrdquo) and the Cities of Independence (ldquoIndependencerdquo) Keizer (ldquoKeizerrdquo) Monmouth (ldquoMonmouthrdquo) Salem (ldquoSalemrdquo) the Salem-Keizer School District (ldquoSalem-Keizerrdquo) collectively the ldquoMember Governmentsrdquo and the Mid-Willamette Valley Council of Governments (ldquoCOGrdquo) is made pursuant to ORS 190010

2 AUTHORITY This Agreement is established under the authority of Oregon Revised Statutes (ORS) Chapter 190

3 BACKGROUNDa The Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo) was formed on

September 24 2019 and recognized by the US Housing and Urban Development Department (ldquoHUDrdquo) on December 11 2019 for the Polk County and Marion County region to carry out the purposes of the HUD Continuum of Care program described in 24 CFR Part 578

b The Alliance Charter was approved by the Alliance Board of Directors on February 13 2020 (Attachment 1)

c The Alliance is a collaboration of the Member Governments non-profit service organizations and community members and is not a legal entity

d The Member Governments have made financial contributions for the 2019-2020 Fiscal Year which are being managed by COG

e The Member Governments have agreed to make financial contributions to support the Alliance for the 2020-2021 Fiscal Year subject to budgetary approval as approved by the Alliance Board of Directors (Attachment 2)

f HUD regulations require a legal entity to serve as the Collaborative Applicant for a Continuum of Care such as the Alliance

g The COG has been providing administrative support and other resources for the Alliance including contract management for independent contractors engaged by COG at the request of the Alliance During this time the Member Governments have directly paid their contribution amounts to COG to manage those funds for the Alliance

h The COG has agreed on an interim basis to continue to provide administrative support and other resources in addition to serving as the Collaborative Applicant for

Page 45 of 81

2 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

the Alliance until an ORS 190 entity has been formed and designated by the Alliance Board of Directors to serve as the Collaborative Applicant

i The Alliance Board of Directors approved the execution of this Agreement for a term to expire on August 13 2020 to allow the Member Governments to contract with the COG to provide Collaborative Applicant services and reimburse COG for services

4 PURPOSE

The purpose of this Agreement is to establish the terms and conditions under which the Member Governments will coordinate to support the Alliance through contracting with COG to serve as the Collaborative Applicant for the Alliance pursuant to 24 CFR Part 578 The parties understand and agree that this Agreement serves as an interim solution to allow COG to serve as the Collaborative Applicant and be reimbursed for its costs until a new entity is designated

5 TERM AND TERMINATION

51 This Agreement shall be effective from the date upon which the last signature is affixed hereto and shall expire on August 13 2020 unless otherwise earlier terminated or extended

52 This Agreement may be terminated by mutual consent of all parties hereto Any such termination of this Agreement shall be without prejudice to any obligations or liabilities of any party already accrued prior to such termination

6 FUNDING AND BILLING

61 The Member Governmentsrsquo fiscal year 2020-2021 contributions as set forth in Attachment 2 shall be made to COG subject to the individual Member Governmentrsquos budgetary approval Nothing in this Agreement binds any Government Member to any specific financial contribution after the 2020-2021 fiscal year

62 COG shall be reimbursed for its expenses already incurred in support of the Alliance from January 1 2020 to the effective date of this Agreement COGrsquos expenses prior to July 1 2020 shall be reimbursed from the Member Governmentsrsquo Fiscal Year 2019-2020 contributions and COGrsquos expenses for the period of July 1 2020 to the termination of this Agreement shall be from the Member Governmentsrsquo Fiscal Year 2020-2021 contributions COG shall submit an invoice to the Alliance Board for its approval for COGrsquos Fiscal Year 2019-2020 expenses no later than August 30 2020 and shall submit an invoice to the Alliance Board for its approval for COGrsquos Fiscal Year 2020-2021 expenses no later than September 30 2020

63 COGrsquos expenses under this Agreement shall not exceed the total amount of funds contributed by the Member Governments and any contributions from other members of the Alliance donations or grants provided to COG for the benefit of the Alliance subject to the rates for specific services as set forth in the Scope of Work As set forth in the Scope of

Page 46 of 81

3 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

Work COG shall provide timely financial reports to the Alliance and shall ensure that expenses do no exceed available resources approved by the Member Governments through the Alliance Board

7 OBLIGATIONS UNDER THE TERMS OF THIS AGREEMENT

71 MEMBER GOVERNMENTS agree to

a Make timely payment to COGb Maintain good standing as a member of the Alliancec Collaborate in good faith with other Member Governments to create a new ORS 190

entity to serve as the Collaborative Applicant for the Alliance

72 COG agrees to

Serve as the Collaborative Applicant for the Alliance and perform other duties as established in the Scope of Work (Attachment 3)

8 DESIGNATION OF SUCCESSOR COLLABORATIVE APPLICANT

The Member Governments understand and agree that the Alliance is required to have a Collaborative Applicant as that term is defined in 24 CFR Part 57815 which must be a legal entity The Alliance Board has indicated a desire that the Member Governments form an intergovernmental entity to serve that purpose Time is of the essence to designate a successor Collaborative Applicant and the Member Governments agree to work cooperatively and in a timely manner to agree on the new Collaborative Applicant The Member Governments also agree they will create a new intergovernmental entity to serve in that role

9 COMPLIANCE WITH APPLICABLE LAWS

The parties agree that both shall comply with all applicable federal state and local laws and ordinances applicable to the parties and the work to be done under this Agreement The parties agree that this Agreement shall be administered and construed under the laws of the state of Oregon Nothing in this Agreement shall be considered a waiver of tribal sovereign immunity

10 NONDISCRIMINATION

The parties agree to comply with all applicable requirements of federal state and local civil rights statutes rules and regulations in the performance of this Agreement

11 HOLD HARMLESSThe parties agree to indemnify and hold harmless each other for from and against all claims costs expenses (including attorney fees) losses damages fines charges actions or other liabilities solely to the extent arising from their own intentional or negligent acts or those of their agents contractors or employees and to the extent applicable the above indemnification is

Page 47 of 81

4 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

subject to and shall not exceed the limits of the Oregon Tort Claims Act (ORS 30260 through 30300) and the Oregon Constitution The parties intend to provide reciprocal indemnity obligations The parties acknowledge that the Oregon Tort Claims Act does not limit the liability of Grand Ronde in the same manner as the other parties Accordingly the parties agree Grand Rondersquos indemnity shall not exceed the indemnification limits of any other party

12 INSURANCE

Each party shall insure or self-insure and be independently responsible for the risk of its own liability for claims within the scope of the Oregon tort claims act (ORS 30260 to 30300) The parties intend to provide reciprocal liability insurance obligations The parties acknowledge that the Oregon Tort Claims Act does not apply to Grand Ronde in the same manner as other parties Accordingly the parties agree that Grand Ronde shall self-insure in an amount consistent with the liability for claims of any other party

13 MERGER CLAUSEParties concur and agree that this Agreement constitutes the entire agreement between the parties No waiver consent modification or change to the terms of this agreement shall bind either party unless in writing and signed by both parties There are no understandings agreements or representations oral or written not specified herein regarding this agreement Parties by the signatures below of their authorized representatives hereby agree to be bound by its term and conditions

Page 48 of 81

5 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

THE CONFEDERATED TRIBES OF THE GRAND RONDE COMMUNITY OF OREGON

__________________________________ ________________________ Cheryle A Kennedy DateTribal Council Chairwoman

Page 49 of 81

6 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

CITY OF INDEPENDENCE

__________________________________ _____________________Tom Pessemier DateCity Manager

Page 50 of 81

7 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

CITY OF KEIZER

__________________________________ ________________________Christopher Eppley DateCity Manager

Approved as to form

________________________________________Keizer City Attorney

Page 51 of 81

8 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

CITY OF MONMOUTH

__________________________________ _____________________Chad Olsen DateInterim City Manager

Page 52 of 81

9 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

MARION COUNTY BOARD OF COMMISSIONERS

__________________________________Chair

__________________________________Commissioner

__________________________________Commissioner

Date _____________________

Page 53 of 81

10 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

POLK COUNTY BOARD OF COMMISSIONERS

__________________________________Commissioner

__________________________________Commissioner

__________________________________Commissioner

Date _____________________

Page 54 of 81

11 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

SALEM-KEIZER PUBLIC SCHOOLS

_____________________________________ _____________________Marty Heyen Chairperson Board of Directors DateSalem-Keizer Public Schools

Page 55 of 81

12 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

CITY OF SALEM

__________________________________ _____________________Steve Powers DateCity Manager

Page 56 of 81

13 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

__________________________________ _______________________Renata Wakeley DateActing Executive Director

Page 57 of 81

Page 58 of 81

1

MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

SCOPE OF WORK FOR THE MID-WILLAMETTE VALLEY HOMELESS ALLIANCE COG shall undertake the following items in performance of this Agreement

1 Finance a Manage and process accounts payable and accounts receivable b Maintain records of project expenditures and revenues in COG financial

management system c Maintain copies of personal services contracts and other contracts for goods and

services under this Agreement d Provide monthly financial report to the Alliance Board e Provide support to and project financial statements in annual audit f Incorporate project expenditures and revenues into COG budget forecast prepare

budget documents for Alliance Board approval g Provide documentation of internal controls and other financial policies and

procedures to HUD upon request h Manage HUD planning grant when awarded Assure planning grant expenditures

made by the project are allowable per HUD regulations i Prepare any required financial reports associated with the planning grant j Accept and record Alliance member contributions and k Invoice members for annual project contributions and track contribution receipts

2 Administrative Support

a Attend Alliance Board meetings and executive committee meetings prepare draft minutes and maintain meeting records

b Assist the Alliance in scheduling meetings and other meeting-related tasks including merging documents for the meeting packet

c Schedule meeting space when available facilitate meeting logistics and preparation including setting up meeting space copying documents making name cards setting up laptop and PowerPoint equipment connecting participants through conference phone

d Maintain email lists in conjunction with the Alliance e Notice meetings per Public Meetings Law requirements f Assist the Alliance in preparing and disseminating a quarterly Alliance newsletter

COG is not responsible for creating or obtaining content for the newsletter and g Maintain Homeless Initiative web page on the COG website and provide up to six

(6) hours a month of IT support for the newly acquired and licensed Homeless Initiative web page

3 Executive Director Support

a Negotiate and approve goods and personal service contracts and contract amendments upon request of the Alliance

b Approve payments for monthly invoices c Provide executive level advice and support in working with the COG board of

directors and COG members d Authorize legal services upon request of the Alliance

Page 59 of 81

2

e Authorize IT services upon request of the Alliance f Attend MWVHA board meetings as needed and g Serve as the Collaborative Applicant for the 2020 NOFA process sign required

application documents

4 IT Support a Support development and maintenance of the Alliance website and b Other projects upon request of the Alliance and approval of Executive Director

5 Legal Services upon request of the Alliance and approval of Executive Director

6 Rates for services provided by COG are set forth COGrsquos fee schedule attached hereto as

Exhibit 1 (COG Board of Directors Resolution 2019-06) COG modifies its fee schedule annually on or about on July 1 of each year COG may modify the fees under this Agreement by not more than 15 for any individual fee upon adoption of a fee schedule for the 20-21 fiscal year and providing the Member Governments 10-daysrsquo notice of the modified fees The rates for services set forth herein apply to this Agreement and COG reserves the right to propose different rates in any future agreement pursuant to COGrsquos adopted fee schedule

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Page 62 of 81

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1

MID-WILLAMETTE VALLEY HOMELESS ALLIANCE GOVERNANCE CHARTER

FINAL ndash Approved by the CoC Development Council on 10-24-19 ratified by the Mid-Willamette Valley Homeless Alliance Board of Directors on 2-13-20

ARTICLE I CONTINUUM OF CARE NAME AND PURPOSE

A NAME OF THE CONTINUUM OF CARE (COC) The name of this organization is the Mid-Willamette Valley Homeless Alliance which serves as the regionrsquos Continuum of Care herein referred to as ldquothe CoCrdquo

B CONTINUUM OF CARE (COC) OVERVIEW 1 GEOGRAPHIC BOUNDARIES The CoC represents the geographic region within the boundaries of Marion

and Polk counties 2 PURPOSE The CoC is organized to carry out the purposes of the US Housing and Urban Development

(HUD) Continuum of Care program as described in 24 CFR Part 578 The CoC promotes communitywide commitment to the goal of preventing and ending homelessness provides funding for efforts by nonprofit providers and state tribal and local governments to quickly rehouse homeless individuals including unaccompanied youth and families while minimizing the trauma and dislocation caused to homeless individuals families and communities by homelessness promotes access to and effective utilization of mainstream housing and homeless services programs by homeless individuals and optimizes self-sufficiency among individuals and families experiencing homelessness Its work includes gathering and analyzing data to determine local needs of and resources available to people experiencing homelessness developing and prioritizing a menu of strategic responses collaboratively implementing a strategic plan promoting service coordination educating the public on homeless issues providing advice and input on homeless services operations leveraging resources for maximum impact and measuring and promoting strong program performance Through collaborative efforts of local and tribal governments school districts nonprofit organizations and other participating stakeholders the CoC seeks to develop an evidence-based system of services including stable housing designed to meet the unique and complex needs of adults youth children and families in Marion and Polk counties who are at risk of or are experiencing homelessness ICLE 3 ndash GEOGRAPHIC RE

ARTICLE II CONTINUUM OF CARE GOVERNANCE STRUCTURE

A BOARD OF DIRECTORS 1 NAME The name of the CoC governing board is the Mid-Willamette Valley Homeless Alliance Board of

Directors herein referred to as the ldquoCoC Boardrdquo or the ldquoBoardrdquo The CoC has established a governing board as required by 24 CFR part 5787(a)(3) The Board is responsible for the overall policy and direction of the CoC and may delegate responsibility for day-to-day operations to staff and committees

2 VOTING MEMBERSHIP The Board will consist of at least thirteen (13) voting members that have no

conflicts of interest as defined in Article III of this charter and 24 CFR part 57895 Board members will

Page 65 of 81

2

serve without compensation Board membership includes representation from the following organizations or subpopulations

a One representative from each of the following organizations

i Union Gospel Mission a faith-based organization ii The Confederated Tribes of Grand Ronde iii Local governments

(a) City of Independence (b) City of Keizer (c) City of Monmouth (d) Polk County

iv Salem-Keizer School District (24J) v Salem Health vi Homeless or formerly homeless individuals appointed by the Law Enforcement Assisted Diversion

Program and vii United Way of the Mid-Willamette Valley a nonprofit organization

b Two representatives from the City of Salem and Marion County In the alternative pursuant to

Section 11 of Article 2 Marion County and the City of Salem may appoint one representative who may exercise two votes

3 EX-OFFICIO BOARD MEMBERS In addition seven (7) ex-officio participants may serve as non-voting ex-

officio board members participating in discussions and representing such groups as a Marion County Salem and West Valley Housing Authorities b Mid-Willamette Valley Community Action Agency c Polk County Veteran Services and d Co-chairs of the CoC Collaborative Committee

4 BOARD SELECTION PROCESS

a The initial CoC Board of Directors will be nominated by the Development Council established by a 2019 Memorandum of Agreement in consultation with the stakeholders workgroup

b Each organization nominated for representation on the CoC Board will identify persons to serve who hold elected or senior staff roles in decision-making for that organization

c Members serve at the pleasure of the CoC Board d Any directors representing organizations newly added to the Board by amendment to this charter

will be nominated and confirmed by vote of the CoC board e Pursuant to 24 CFR part 5787(a)(3) the CoC Board will submit this written selection process to the

CoC Collaborative Committee described in Section D of this article and Board of Directors for review update and approval at least once every five (5) years

5 BOARD FINANCIAL CONTRIBUTIONS Each organization represented as a voting member on the CoC

board will contribute funds to supplement CoC operations contingent on the organizationrsquos budgetary

authority Contributions will be reviewed and approved annually by the CoC board

6 BOARD ALTERNATES Board members may designate an Alternate for a single meeting who can attend in the board memberrsquos place if the member must miss a meeting The Alternate must represent the same organization or subpopulation as the absent Board member Prior to the board meeting the absent Board member or his or her designee must communicate in writing to CoC staff confirming the Alternatersquos attendance and granting authority for the Alternate to vote

Page 66 of 81

3

7 TERMINATION The Board may remove any member when it determines it is in the interest of the CoC to do so Member terminations require a 23 vote of the appointed voting membership Reasons for removal include excessive absences from meetings conduct that is contrary to the Boardrsquos code of conduct or noncompliance with conflict of interest or other board policies

8 RESIGNATION Resignations by Board members shall be submitted in writing to CoC staff who will forward the resignation notice to board leadership Resignations will be announced at the next regularly scheduled board meeting For board positions representing designated organizations resignation is implied if a person seated on the board is no longer affiliated with the organization that appointed him or her The appointing organization is then responsible for assuring that another qualified person is appointed to represent that organization

9 MEETINGS Pursuant to 24 CFR part 5787(a)(1) the Board will meet at least semi-annually in conjunction with the CoC Collaborative Committee to conduct general CoC business Inclusive of these semi-annual joint meetings the board will meet at least quarterly and may meet more frequently at the call of the chair The CoC Board is a public body subject to the public meetings and record laws as stated in ORS Chapter 192 All meetings will be open to the public

10 QUORUM A majority defined as 50 plus one of the appointed voting Board membership will constitute a quorum for the transaction of all business at meetings Members may attend either in person or by conference call so long as persons in attendance and on the telephone can both hear and communicate with each other Members attending by telephone conferencing may be counted towards achieving a quorum

11 VOTING Each Board member will hold one vote on all matters brought before the board However in recognition of their significant financial contributions to the effort Marion County and the City of Salem may select two persons to represent each organizationrsquos interests on the CoC Board or in the alternative may select one representative who shall have two votes on any matter Board decisions shall be made by a majority of the total votes available to the entire appointed voting Board membership

12 NOTICE AND INCLUSION a The Board will provide for and give public notice reasonably calculated to give actual notice to

board members interested persons news media that have requested notice and general public notice Notice shall include the time and place for holding regular meetings The notice will also include a list of the primary subjects anticipated to be considered at the meeting Distribution of meeting notices will be in a manner that maximizes the potential of the public awareness of Board proceedings and for the public to participate in its deliberations

b Whenever possible matters resulting in a recommendation to the Board will be deliberated during a minimum of two meetings to assure maximum participation

c The Board encourages input to its deliberations and decision-making from a diversity of stakeholders including consumers and community members from diverse genders racial and ethnic origins cultural groups and geographic areas within the CoC boundaries CoC members are encouraged to bring ideas or concerns to the attention of the CoC Board and staff

d The Board will conduct outreach at least semi-annually with business organizations such as economic development forums chambers of commerce and Rotary clubs to inform business leaders about current issues surrounding homelessness and gather information from a business perspective

13 AGENDAS Items may be placed on a meeting agenda by any Board member or by CoC staff The agenda will be distributed to members and through public notice at least one week prior to a Board meeting

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4

B BOARD OFFICERS 1 CHAIR The Board will accept nominations and elect a chair annually The chair may be elected for

subsequent terms The chair will act as leader of the convened meeting and as the parliamentarian The chair will enforce Board policies and membership rules and will guide the conduct of public meetings The chair is the official Board representative and shall be the primary spokesperson to the media

2 VICE CHAIR The chair will select a vice chair with board consent In the absence of the chair the vice chair will assume the chairs responsibilities If neither the chair nor vice chair is available for a public meeting then the assembled quorum of the meeting will select a temporary chairperson to conduct the meeting

3 EXECUTIVE COMMITTEE LEADERSHIP The chair and vice chair serve as leaders of the CoC Executive Committee as described in Section E1

C STAFF RESPONSIBILITIES TO THE CoC BOARD

1 STAFF SUPPORTCOLLABORATIVE APPLICANT Subject to available funding for CoC operations Mid-

Willamette Valley Council of Governments (COG) will serve as the Collaborative Applicant described in

Article IV Section E and provide staff support that could be employees contractors and in-kind

support as well as in-kind materials and services to support the CoC To maintain a neutral role in

facilitating council meetings staff representing the COG will not hold authority to vote on matters

placed before the CoC Board

2 UNIFIED FUNDING AGENCY The CoC will seek designation as a Unified Funding Agency from the US

Department of Housing amp Urban Development

3 MEETING PREPARATION CoC staff is responsible for meeting preparation which includes

a Locating reserving and preparing the meeting space b Sending meeting notice agendas and minutes to the CoC distribution list one week prior to the

meeting and a reminder one day prior to the meeting c Compiling background materials and staff reports d Planning Board meetings in collaboration with the Executive Committee e Taking attendance at meetings and f Providing facilitation as needed

4 MINUTES CoC staff will serve as the CoC Board Administrator and prepare meeting minutes Minutes

will include a list of the members present motions proposals resolutions and orders proposed and their disposition the results of all votes and a vote by each member by name the substance of any discussions on any matter and reference to any document discussed at that meeting Minutes will be posted on the CoC website and distributed to the Board membership one week prior to the monthly meeting

5 RECORDS Pursuant to 24 CFR part 578103 and 24 CFR part 5785(b) staff will maintain CoC records to document compliance with HUD requirements including the following a Approved CoC governance charter that includes a written process to select the CoC board b Documentation of required reviews and updates including the annual charter review and review of

Board selection process every five years c CoC Board and committee rosters designating representation of sectors and subpopulations d Agendas and minutes of CoC Board committee subcommittee and workgroup meetings

Page 68 of 81

5

e Designation of a single Homeless Management Information System (HMIS) for the CoC f CoC applications for funds as set forth in 24 CFR part 5789 g Use of planning funds for eligible costs and other grant management documentation pursuant to 24

CFR part 57839 and h Completed and signed CoC conflict of interest forms required in Article III Section 5 of this charter

6 OTHER RESPONSIBILITIES CoC staff will maintain distribution lists distribute communications to CoC members and the community at large develop and maintain a CoC webpage support CoC committees and workgroups produce and submit applications for funds and perform other duties as assigned by the CoC Board to support the CoC

D CoC COLLABORATIVE COMMITTEE 1 PURPOSE The purpose of the CoC Collaborative Committee is to assist the Board in accomplishing the

responsibilities of the Continuum of Care as described in Article IV

2 MEMBERSHIP Participation in the Continuum of Care is open through the CoC Collaborative Committee to interested organizations and to interested individuals representing the community at large Member agencies will be responsible for identifying CoC representatives Participating agencies may have more than one person identified as a CoC representative Homeless and formerly homeless people are encouraged and supported to participate A roster of CoC Collaborative Committee participants will be maintained and posted on the CoC website

3 VOTING Each member organization and community at large member who has participated in at least two (2) meetings in the preceding twelve (12) months after the initial year of CoC operations shall have one vote at subsequent meetings on each matter submitted to a vote of CoC members To the maximum extent possible committee meetings shall operate on a consensus basis However members can request a majority vote on specific issues Agencies with more than one representative in attendance will determine in advance which representative will vote In all cases each member organization has only one vote

4 RESIGNATION Member agencies may resign from the CoC Collaborative Committee by sending a

written communication to CoC staff

5 CO-CHAIRS The CoC Board will appoint co-chairs to facilitate CoC Collaborative Committee meetings based on nominations from the CoC Collaborative Committee One co-chair will represent the public (governmental) sector and the other will represent the private (nongovernmental) sector Co-chairs will serve for two-year terms and may be reappointed by the Board

5 RECRUITMENT AND OUTREACH The CoC Board will publish and disseminate an open invitation at least annually for those within the CoC area to join as new CoC Collaborative Committee members CoC staff will document recruitment efforts The CoC Board will identify and address membership gaps in essential sectors and will recruit so that membership requirements are being met pursuant to 24 CFR part 5787 Outreach will be conducted to obtain representation from the following groups listed in 24 CFR part 5785(a)

a Nonprofit homeless assistance providers b Victim service providers c Faith-based organizations d Governments

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6

e Businesses f Advocates g Public housing agencies h School districts i Social service providers j Mental health agencies k Hospitals and health care organizations l Universities m Affordable housing developers n Law enforcement o Organizations that serve veterans p Homeless and formerly homeless individuals and q Other relevant organizations within the CoCrsquos geographic boundaries such as organizations and coalitions that serve unaccompanied youth employment councils substance abuse providers and early learning hubs

E COMMITTEES AND WORKGROUPS 1 STANDING COMMITTEES AND WORKGROUPS The CoC Board will appoint members representing

organizations participating in the CoC Collaborative Committee to the standing committees and workgroups listed in this section as E1 a through d The Board will also designate chairs or co-chairs to facilitate committee or workgroup meetings CoC staff will be assigned to take notes at committee and workgroup meetings and assure that CoC policies and processes are followed CoC staff will also maintain lists of committee and workgroup membership and post the lists to the CoC webpage a PERFORMANCE AND EVALUATION COMMITTEE The Performance and Evaluation Committee shall

review and recommend to the Board the policies timelines and scoring tools for application review and ranking process as part of the Continuum of Care competition for funds The Performance and Evaluation Committee shall also be responsible for monitoring and reviewing CoC-funded projects and general system performance The Performance and Evaluation Committee shall make recommendations to the CoC Board to improve system performance with input from the CoC Collaborative Committee Members of this committee may not have a conflict of interest described in Article III and may not be recipients of HUD funds i The CoC Board will appoint a subcommittee of not fewer than five (5) Performance and

Evaluation Subcommittee members to review and rank project applications during the annual process described in Article IV Section E

ii The Board will strive to appoint subcommittee members who are knowledgeable about homelessness and housing in the region and representative of relevant sectors subpopulations and geographic areas of the region

iii Subcommittee members must have completed conflict of interest forms on file with CoC staff affirming that they are not employees or do not have a business relationship or other conflicts of interest as described in Article III

iv Subcommittee members must be willing to dedicate time for application review and subcommittee meetings during the application process

b COORDINATED ENTRY COMMITTEE The Coordinated Entry Committee creates the policies and

procedures for the CoCrsquos coordinated entry system The committee is also responsible for monitoring the progress of organizations implementing coordinated entry to ensure it is functioning effectively arranging for technical assistance to participating organizations and recommending changes as necessary The committee shall recruit agencies for participation in coordinated entry

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7

c HMIS USERS WORKGROUP The HMIS Users Workgroup consists of representatives from organizations using the Homeless Management Information System (HMIS) The workgroup is co-chaired by the HMIS Lead organization or its designee and the HMIS Designated Coordination Entity as described in Article IVB2 The workgroup shall monitor the progress of organizations using HMIS develop strategies for improving HMIS ease of use troubleshoot data reporting and data quality issues and review and make recommendations on HMIS policies and protocols to the HMIS Lead HMIS Coordination Entity and CoC Board

d POINT-IN-TIME COUNT WORKGROUP The Point-in-Time Count workgroup shall work with the

HMIS Coordination Entity named in Section D2 to organize and conduct the Point-in-Time count including recruitment training and support of volunteer outreach workers for the event

2 SPECIAL COMMITTEES AND WORKGROUPS The Board may authorize the formation of special

committees or workgroups as necessary to deal with specific problems or issues as the Board believes appropriate The Board will appoint members to special committees and workgroups These special committees or workgroups will be time limited and be provided a scope of work from the Board Special committees and workgroups will report their findings and recommendations to the Board upon request or upon the conclusion of their work

3 EXECUTIVE COMMITTEE The Executive Committee is composed of the chair vice chair and at least

three additional Board members The committee works closely with staff to guide the work of the CoC Board Committee members may not serve on the Performance and Evaluation Committee Committee responsibilities include the following a Prepare meeting agendas and ensure matters are ready for Board meetings b Act on matters when authority has been delegated by the full Board to do so and c Act on time sensitive administrative matters that require a decision between Board meetings with

notice provided to all Board members prior to taking action and with the action(s) to be ratified at the next Board meeting Time sensitive administrative matters include but are not limited to required municipal state or federal reports and letters of support associated with grant applications Action will not be taken under this subsection if any Board member notifies the Board Chair of the members objection prior to the Executive Committees action on a time sensitive matter

4 APPEALS COMMITTEE The Board may appoint a committee of three (3) Board members to review and

make appeal decisions during the application process described in Article IV Section E Those appointed to the Appeals Committee may not have participated in the rank and review process must have signed conflict of interest forms on file with CoC staff and must affirm upon committee appointment that they do not have conflicts of interest with agencies applying for CoC Program funding In the alternative the Board may also delegate this responsibility to the Executive Committee

Page 71 of 81

8

ARTICLE III CONFLICT OF INTEREST AND CODE OF CONDUCT

NUUM OF CARE GOVERNANC A CONFLICT OF INTEREST

1 GENERAL PROVISIONS A conflict of interest is a situation in which a CoC Board member or one of his or her family members has a personal or financial interest that compromises or could compromise the Board or committee memberrsquos independence of judgment in exercising his or her responsibilities to the CoC It is the position of this CoC that conflicts of interest shall not compromise the CoCrsquos work and that even the appearance of a conflict shall be avoided in all circumstances

2 ADHERENCE TO CONFLICT OF INTEREST POLICY CoC Board and committee members are expected to adhere to the CoC Conflict of Interest Policy which requires the member to minimize conflicts of interest disclose ethical legal financial and other conflicts and remove themselves from decision-making if they would otherwise be called on to act on a conflict involving themselves their family members or entities with which they or their family members are closely associated Under the policy Board members are required to disclose actual or potential conflicts of interest as well as certain relationships and transactions No CoC Board member may participate in or influence discussions or resulting decisions concerning the award of a grant or other financial benefits to the organization that the member represents pursuant to 24 CFR part 57895

3 DEFINITIONS The CoC will assure that Board and committee members acknowledge the federal and state definitions of conflict of interest and are in full compliance with state and federal law a Conflict of Interest definitions aligning with federal statute are

i Conflict of Interest generally means a situation in which a Board member or his or her immediate family member has directly him- or herself or indirectly through another individual or entity a personal or financial interest that compromises or could compromise the Board memberrsquos independence of judgment in exercising his or her responsibilities to the CoC

ii Prohibited Conflict of Interest means a conflict of interest that would prevent a Board member from serving on the Board or participating in any of the Board activities A Board member who has a potential or actual Prohibited Conflict of Interest must resign from the Board Prohibited Conflicts of Interest include CoC compensation and employment loans federal employee status use of CoC equipment facilities assets or staff time for non-CoC purposes and acceptance of gifts gratuities favors or anything of monetary value

iii Issue-Specific Conflict of Interest means a conflict of interest that would prevent a Board member from voting on or being present during the discussion of a specific issue such as votes on contracts and CoC leadership

b Oregon Revised Statutes Chapter 244 defines actual and potential conflict of interests for members

of public bodies No Board or committee member shall participate in a decision in which he or she has a private pecuniary interest Affected members shall disqualify themselves from participation by written notification to the Board as required by ORS 244120

i A potential conflict of interest exists when a Board or committee member takes an action that

reasonably could be expected to have a financial impact on that member a relative or a business with which the member or members relative is associated The member may participate in an action after declaring the potential conflict and announcing its nature

Page 72 of 81

9

ii An actual conflict of interest exists when an action is reasonably certain to result in a special benefit or detriment to the member a relative or a business with which the member or members relative is associated The member will declare the actual conflict and announce its nature The member must then refrain from taking any official action except when the members vote is necessary to achieve a quorum When a vote is necessary to achieve a quorum the member may vote but may not participate in any discussion or debate on the issue out of which the actual conflict arises

4 PENALTIES A Board member who purposefully conceals a conflict of interest refuses to recuse him- or

herself from voting or engages in other conduct that violates the CoC Conflict of Interest policy will be subject to removal from the Board

5 ANNUAL DECLARATION Board and committee members are to annually receive a copy of the CoC Conflict of Interest Policy sign the CoCrsquos Conflict of Interest form and submit the form to CoC staff

B B CODE OF CONDUCT 1 GENERAL PROVISIONS CoC members are expected to observe the highest standards of ethical conduct

in the execution of their responsibilities to conduct themselves with courtesy and respect and to refrain from harassment intimidation discrimination and physical or verbal abuse

2 CONFIDENTIALITY CoC members must respect and maintain the confidentiality of sensitive information

they may gain from their association with the CoC This may include personal information about community members experiencing homelessness

3 RESPONSIBILITY AND INTEGRITY In the performance of their duties CoC members are expected to carry out CoC duties to the best of their abilities and to maintain the highest standards of integrity for actions with other CoC members including CoC Board members service providers service recipients and members of the general public CoC Board and committee members shall put forth honest effort in the performance of their duties to advance the CoCrsquos mission exercising sufficient control and supervision over matters for which they are individually responsible and should not do anything to bring the full CoC or its members into disrepute

4 MISUSE OF POSITION Misuse of position is prohibited A CoC member must not use his or her position with the CoC for personal gain or for the benefit of family or friends

5 COMMUNICATIONS CoC members shall make clear when communicating publicly or with the media whether they are speaking in their own name on behalf of their agency or organization or on behalf of the CoC if the CoC Board has empowered them to speak on the CoCrsquos behalf

6 WASTE FRAUD AND ABUSE CoC members shall disclose waste fraud abuse and corruption in the operation of the Continuum of Care to appropriate authorities

7 EQUAL OPPORTUNITY CoC Board members shall adhere to laws and regulations that provide equal opportunity for all people regardless of race color religion gender identity national origin ethnicity sexual orientation age or disability

Page 73 of 81

10

8 PENALTIES This Code of Conduct will be distributed annually to CoC members Members in violation of any portion of this Code of Conduct will be subject to disciplinary action which could include immediate termination from the CoC Board or CoC committees

9 ANNUAL DECLARATION Board members are to annually receive a copy of the Code of Conduct acknowledge receipt by signing a form and submit a copy of the signed form to CoC staff

O ARTICLE II CONTINUUM FCARE GOVERNANCE STRUCTURE

ARTICLE IV OPERATING THE CONTINUUM OF CARE

A CoC RESPONSIBILITIES The CoC Board is responsible for assuring that the following responsibilities are accomplished with broad participation from CoC stakeholders

1 Hold meetings of the full membership with published agendas at least semi-annually pursuant to 24 CFR part 5787(a)(1)

2 Make an invitation for new members to join the CoC publicly available within the geographic area at least annually pursuant to 24 CFR part 5787(a)(2)

3 Adopt and follow a written process to select a board to act on behalf of the CoC The process must be reviewed updated and approved by the CoC at least once every five (5) years pursuant to 24 CFR part 5787(a)(3)

4 Appoint additional committees subcommittees or workgroups pursuant to 24 CFR part 5787(a)(4)

5 In consultation with the Collaborative Applicant and HMIS Lead develop follow and update annually a governance charter which will include all procedures and policies needed to comply with Subpart B of part 5787 and with HMIS requirements as prescribed by HUD and a code of conduct and recusal process for the board its chair(s) and any person acting on behalf of the board pursuant to 24 CFR part 5787(a)(5)

6 Consult with recipients and subrecipients to establish performance targets appropriate for population and program type monitor recipient and subrecipient performance evaluate outcomes and take action against poor performers pursuant to 24 CFR part 5787(a)(6)

7 Evaluate outcomes of projects funded under the Emergency Solutions Grants (ESG) program and the CoC program and report to HUD pursuant to 24 CFR part 5787(a)(7)

8 In consultation with recipients of Emergency Solutions Grants program funds within the geographic area establish and operate either a centralized or coordinated assessment system that provides an initial comprehensive assessment of the needs of individuals for housing and services The CoC must develop a specific policy to guide the operation of the centralized or coordinated assessment system on how its system will address the needs of individuals and families who are fleeing or attempting to flee domestic violence dating violence sexual assault or stalking but who are seeking shelter or services from nonvictim service providers This requirement along with requirements established by HUD by notice is pursuant to 24 CFR part 5787(a)(8)

Page 74 of 81

11

9 In consultation with recipients of Emergency Solutions Grants program funds within the geographic

area establish and consistently follow written standards for providing CoC assistance as further described in 24 CFR part 5787(a)(9)

10 Designate and operate a single Homeless Management Information System (HMIS) for the geographic area including designating a single system and an HMIS lead reviewing revising and approving a privacy plan security plan and data quality plan for the HMIS ensuring consistent participation of recipients and subrecipients in the HMIS and ensuring that the HMIS is administered in compliance with HUD requirements pursuant to 24 CFR part 5787(b)

11 Develop a CoC plan that includes coordinating the implementation of a housing and service system that meets the needs of homeless individuals including unaccompanied youth and families The system shall include at a minimum outreach engagement assessment shelter housing supportive services and prevention strategies pursuant to 24 CFR part 5787(c)(1)

12 Plan for and conduct at least biennially a Point-in-Time Count of homeless persons within the geographic area as described in 24 CFR part 5787(c)(2)

13 Conduct an annual gaps analysis of the homeless needs and services available within the geographic area pursuant to 24 CFR part 5787(c)(3)

14 Provide information required to complete the Consolidated Plan(s) within the CoCrsquos geographic area pursuant to 24 CFR part 5787(c)(4)

15 Consult with state and local government Emergency Solutions Grants program recipients within the CoCrsquos geographic area on the plan for allocating Emergency Solutions Grants program funds and reporting on and evaluating the performance of Emergency Solutions Grants program recipients and subrecipients pursuant to 24 CFR part 5787(c)(5)

16 Prepare an application for funds that includes a collaborative process in response to a Notice of Funding Availability (NOFA) published by HUD under 24 CFR part 57819

17 OF THE COC AND THE COC BOARD

B CoC REPORTS The CoC Board shall approve the following reports and documents prior to releasing such reports and documents to the community

1 CoC Program Project Priority List 2 Inventory of Homeless Services 3 Annual or Biennial Point-in-Time Count Report 4 Housing Inventory Chart 5 Longitudinal Systems Analysis (LSA) and 6 Homeless Coordinated Entry System Report

Page 75 of 81

12

C CoC CORRECTIVE ACTIONS PROCESS 1 ANNUAL PROGRAM REVIEW CoC funded programs or projects will be reviewed by the Performance

and Evaluation Committee annually with findings reported to the CoC Board 2 RESPONSES TO IMPROVE PROGRAM PERFORMANCE

a Should the Board determine that a program is not meeting established performance measures staff will notify the program or project in writing The organization overseeing the program or project will have the opportunity to provide additional performance information within 30 days of receipt of the CoC notification

b If the program or projectrsquos performance is related to certain items as determined by the CoC Board such as late Annual Performance Report submissions unused funding low utilization low exits to permanent housing low scores on income measures or alignment of program participation with wait list protocols the CoC Board may place a program on probation to improve its performance

c During the probationary period the CoC will enter into a Performance Improvement Agreement with the program or project needing improvement listing specific expectations and timeline

d CoC staff will facilitate technical assistance as needed and available as part of the Performance Improvement Agreement The organization overseeing the program or project is responsible for requesting specific assistance in low-scoring performance areas and requesting clarifications from the CoC about performance measures and expectations

e The length of the probationary period will be proposed by the Performance and Evaluation Committee negotiated by CoC staff and approved by the CoC Board Extensions may be requested for extenuating circumstances and are subject to Board approval If the program or project does not fulfill the agreed-upon expectations included in the Performance Improvement Agreement the Board may reduce funding or ranking may reject future applications from that program or project for HUD CoC Program funds or other remedies approved by HUD

D DESIGNATING AND OPERATING A HOMELESS MANAGEMENT INFORMATION SYSTEM

1 HMIS PURPOSE The primary purpose of the CoCrsquos Homeless Management Information System (HMIS) is to aggregate data on homelessness across Marion and Polk counties to accurately describe the regionrsquos scope and evaluate the effectiveness of efforts to reduce and end homelessness The CoC uses HMIS to a Understand the characteristics and service needs of homeless people b Analyze how homeless people use services c Evaluate program effectiveness and outcomes d Improve access to and delivery of services for people experiencing homelessness and e Strengthen community planning and resource allocation

2 DESIGNATED HMIS ROLES Oregon Housing amp Community Services (OHCS) is designated as the HMIS Lead AgencyAdministrator Portland Housing Bureau is the vendor that provides the licensed software for the HMIS system Mid-Willamette Community Action Agency is designated as the CoC regionrsquos HMIS Coordination Entity designated by the HMIS Lead to coordinate data collection and data analysis for the region The CoC Board oversees the work of the HMIS partners

3 HMIS DECISIONMAKING AUTHORITY HMIS decisions which affect local CoC operations are made by the

HMIS Administrator in consultation with the HMIS Users Workgroup and HMIS Coordination Entity HMIS decisions which affect CoCs participating in statewide HMIS implementation will be made by the Northwest Social Services Connections Committee with representation from each CoC in Oregon The

Page 76 of 81

13

HMIS Lead will keep CoC staff informed of issues and decisions and will provide a summary of key decisions to the CoC Board at least annually

4 HMIS LEAD RESPONSIBILITIES Oregon Housing amp Community Services as HMIS Lead works closely with

the CoC and is responsible for maintaining the CoCrsquos HMIS system in compliance with HUD standards OHCS is responsible for coordinating the following activities a Providing operation security maintenance system auditing and technical support of HMIS central

hardware software and connectivity b Executing a written HMIS Participation Agreement with each Contributing HMIS Organization (CHO)

which includes the role obligations and authority of the HMIS Lead and the organization and requirements to comply with security privacy and data quality plans

c Setting up and managing user accounts access levels and passwords d Providing technical and user support for HMIS software including agency account set-up system

monitoring and testing problem diagnosis and resolution and routine software and information maintenance

e Providing and coordinating ongoing training and technical support for the system f Ensuring consistent HMIS participation by CoC and Emergency Shelter Grant (ESG)recipients and

subrecipients g Maintaining and updating a Privacy Plan Security Plan and Data Quality Plan h Ensuring the accuracy of data including regularly assessing that all participating agencies are

accurately and comprehensively capturing participant entry and exit dates and providing technical assistance to correct data quality challenges

i Coordinating regular end user meetings ie HMIS Users Workgroup meetings to discuss software updates data entry report writing and system management issues

j Serving as point of contact for end user questions and concerns k Assessing compliance with the CoCrsquos HMIS Policies and Procedures Manual l Maintaining contact with the software product developer to ensure consistent and uniform

communication among product support personnel and the community m Generating information on the communityrsquos homeless and housing situation for community

planning advocacy and funder reporting requirements n Assisting end users in the creation of custom reports and queries o Providing regular aggregate data reports to participating agencies CoC staff and the CoC Board p Reviewing and implementing product upgrades q Completing the Annual Homeless Assessment Report r Conducting regular data quality checks and providing reports to the CoC Board and s Serving as the applicant to HUD for grant funds to be used for HMIS activities for the CoCrsquos

geographic area as approved by the CoC Board

5 PROVIDER PARTICIPATION Any organization within the CoC geographic region that receives Continuum of Care Program and Emergency Solutions Grant (ESG) funds must participate in HMIS as a Contributing HMIS Organization (CHO) In addition the CoC encourages all providers of services to homeless individuals and families within the CoC geographic area regardless of whether they receive CoC or ESG funds to become a CHO and include their data in HMIS

6 HMIS MANUAL To ensure compliance with HUD requirements the HMIS Lead in collaboration with the

HMIS Coordination Entity HMIS Users Workgroup and other stakeholders is responsible for developing and annually reviewing and updating the CoCrsquos HMIS Policies amp Procedures Manual The manual provides the framework for the ongoing operations of the HMIS system It includes the CoCrsquos privacy data quality and security plans for the HMIS system At any time the HMIS Lead HMIS Coordination Entity HMIS Users Workgroup or CoC Collaborative Committee may identify elements of policies or

Page 77 of 81

14

procedures or other HMIS-related plans that need to be revised Recommendations for revisions are to be submitted to the HMIS Lead The HMIS Lead will present the HMIS Policies amp Procedures Manual to the CoC Board annually or more frequently if significant substantive changes are proposed

E PREPARING AN APPLICATION FOR FUNDS 1 PURPOSE A major function of the Continuum of Care is to prepare and oversee the applications for CoC

funds administered by HUD under the McKinney-Vento Homeless Assistance Act The CoC Program is designed to assist individuals and families experiencing homelessness and to provide the services needed to help them move into housing with the goal of long-term stability The CoC Program funds important housing and services programs such as permanent housing (including permanent supportive housing and rapid re-housing) transitional housing and supportive services programs HUD CoC Program funds are granted annually based on a national competition following the release a Notice of Funding Availability (NOFA) Recipients of Emergency Solutions Grant funds another homeless assistance grant administered under the McKinney-Vento Act are required by HUD to coordinate with the CoC The CoC addresses that requirement through coordinating with the ESG review and ranking process and ESG scoring tool development

2 COLLABORATIVE APPLICANT The Mid-Willamette Valley Council of Governments (COG) is designated as

the CoC Collaborative Applicant and is responsible for leading and supporting all aspects of the annual HUD CoC NOFA application process including submission of the Consolidated Application

3 PROJECT REVIEW PROCESS

a Immediately after HUDrsquos Continuum of Care Program NOFA is released the Collaborative Applicant will coordinate and carry out the activities needed to successfully submit a Consolidated Application on behalf of the CoC

b Tasks required for project review in preparation for NOFA submission include the following

i Prior to the NOFA release the Collaborative Applicant will develop a draft timeline for the NOFA process and design scoring tools and any corresponding local application materials to assist in the review and ranking of renewal and new project applicants Review and ranking materials will take into consideration both local and HUD priorities

ii Scoring tools and the draft timeline will be reviewed by the Performance and Evaluation Committee and recommended to the CoC Board for approval

iii Upon publication of the NOFA the Collaborative Applicant will schedule and publicize a date and time for a Technical Assistance Workshop and finalize the timeline and priorities for the NOFA process

iv Applicants may participate in the Technical Assistance Workshop At the workshop the Collaborative Applicant will present an overview of the NOFA and the process for reviewing and ranking applications The orientation will describe HUD application requirements supplemental local application materials the scoring tool and applicable deadlines and dates Applicants will also have an opportunity to ask questions The CoCrsquos NOFA timeline and application materials will be posted in the CoC webpage

v Applicants will complete and submit application materials by the established deadline vi Late applications will not be accepted vii As an exception to Article IVD3bvi applicants with significant extenuating circumstances may

submit a petition to CoC staff for an extension Extensions require the approval of the CoC Board or the CoC Executive Committee if delegated the authority for this purpose by the Board It is anticipated that exceptions will be granted in very rare circumstances and not applied in

Page 78 of 81

15

situations where advance planning could have resulted in the application being submitted timely

viii Incomplete applications cannot be supplemented with more information or materials to reach a level of completeness once submitted to the CoC for review and ranking but must be completed prior to HUD submission if selected for funding

ix A subcommittee of the Performance and Evaluation Committee is appointed by the CoC Board to review and rank project applications as described in Article II Section E Subcommittee members receive and review application and scoring materials prior to the subcommittee meeting in preparation to score each programrsquos application

x The subcommittee of the Performance and Evaluation Committee meets to jointly discuss and critique each application and may interview applicants as part of the meeting If applicant interviews are included in the review process all applicants must have the opportunity for an interview After discussion and any applicant interviews subcommittee members individually score applications based on the scoring tools

xi A preliminary ranked list is created by the following procedures (a) A ranked list is prepared based on a composite of raw scores for each application (b) Applications that do not meet certain threshold requirements as detailed on the scoring

tool will not be included on the ranked list (c) If the NOFA makes available bonus funds in a program area the highest scoring eligible

projects will be designated for bonus funding in those relevant program areas xii The CoCrsquos goals for priority funding are to promote high-performing projects in alignment with

community and federal priorities Scoring tools will reflect the communityrsquos implementation of local and federal priorities as determined by the CoC Board

xiii Scores and subcommittee feedback on applications are sent to applicants along with a reminder of the appeals process and deadline by the established deadline

4 REALLOCATION OF FUNDS HUD encourages CoCs to reallocate funds from projects with substandard

performance to higher priority community needs that also align with HUD priorities and goals Prior to the release of the NOFA the Performance and Evaluation Committee facilitates a reallocation discussion in consultation with the CoC Collaborative Committee and CoC Board Scenarios for potential reallocation decisions based on the CoCrsquos gaps analysis and strategic plan are provided to the Performance and Evaluation Subcommittee to consider during the ranking process Final reallocation decisions are approved by the CoC Board

5 APPEALS a APPEALS COMMITTEE As described in Article II Section E appeals are considered by the Appeals

Committee or Executive Committee as designated by CoC Board The Appeals Committee will be established only if an applicant requests an appeal

b ELIGIBILITY TO APPEAL Eligible applicants have the opportunity to appeal both their scores and

preliminary rankings prior to the ranked list being finalized and approved by the CoC Board i The following applicants are eligible to appeal

(a) An applicant that receives less funding than applied for (b) An applicant that is ranked below Tier 1 (c) An applicant that is ranked in the bottom third of Tier 1 (d) An applicant that believes its score is not reflective of the application information provided

or (e) An applicant that can describe bias or unfairness in the process that warrants the appeal

ii Applicants that have not met the threshold requirements are not eligible to appeal

Page 79 of 81

16

c APPEALS PROCESS i Appeals must be received in writing with supporting documentation by the established

deadline ii Notices of appeal must be based on the information submitted by the application deadline No

additional or new information will be considered iii The notice of appeal must include a written statement specifying in detail the grounds and

rationale asserted for the appeal iv Valid appeals will be read reviewed and evaluated by the Appeals Committee that will meet to

consider and deliberate appeals based on the applicantrsquos appeal statement and the application materials that the applicant originally submitted to the CoC

v The Appeals Committee will make modifications to the preliminary list based on the results of the appeals process Appeals Committee decisions must be supported by a 23 majority vote

vi The appealing agency will receive a written decision of the Appeals Committee within two (2) business days of the Appeals Committee meeting

vii Appeals Committee decisions result in the final prioritized list submitted for approval to the CoC Board

6 FINAL PRIORITIZED LIST OF APPLICATIONS

a A final ranked project list is submitted to the CoC Board for review and approval after appeals have been determined and the Appeals Committee has made any modifications to the preliminary prioritized list Any Board member with a conflict of interest must recuse himself or herself from all related discussions and abstain from voting on the final priority list As stated in Article II Section A and Article III Board members with conflicts of interest are subject to removal from the Board

b The Collaborative Applicant submits the CoCrsquos approved Consolidated Application to HUD prior to the HUD NOFA deadline

c Conditional award funding is typically based upon the prioritized list of Project Applicants that is submitted however actual awards and award amounts are determined by HUD

ARTICLE V CHARTER AMENDMENTS

1 PROCESS This governance charter may be amended at any CoC Board meeting by a 23 majority vote of the appointed voting Board membership Copies of proposed amendments will be available for review at least one week prior to the Board meeting at which the proposed amendments are considered The Board will seek prior review and recommendation by the CoC Collaborative Committee of any amendments to the charter unless circumstances require an immediate change In the latter situation CoC staff will provide an explanation of the circumstances and provide opportunity for comments and input prior to and as part of the Board meeting

2 FREQUENCY OF REVIEW The CoC Collaborative Committee and Board will review this charter annually

Page 80 of 81

PENDING CITY COUNCIL AGENDA ITEMS 04092020

APRIL 14 2020 - 630 PM APRIL 28 2020 - 630 PM

Agenda items due 1000 am 040920 Agenda items due 1000 am 042320

raquo Hearing amp ord Code changes (comm stds) (Fred)

raquo OLCC appl - The Tap Station (Hedlund) raquo Ordinance - code changes (HPC)

raquo Cherriotts Bus Stop Parking (Kie) raquo Liquor licensing policy

raquo Homeless Alliance IGA (Tom) raquo Alcohol concessions contract (Tom)

raquo AXON contract (Bob) raquo Event Center contract (TomShawn)

raquo Res 1526 USDA grant application (Shawn) raquo Info Report 3Q Finance Report (Gloria)

raquo raquo F Street Design RFP Selection (Kie)

raquo raquoraquo raquo MinutesNotesPACTracking Log

raquo raquo Liaison Reports MINET Park amp Rec

raquo MinutesNotesPACTracking Log and Planning

+ Urban Renewal Agency if needed + Urban Renewal Agency if neededMAY 12 2020 - 630 PM MAY 26 2020 - 630 PM

Agenda items due 1000 am 050720 Agenda items due 1000 am 052120

raquo Parking ordinance update review raquoraquo Arbor Day proclamation raquoraquo TSP Consultant presentation raquoraquo Museum presentation (Carly) raquoraquo Lot 7 DDA (ShawnTom) raquoraquo raquo MinutesNotesPACTracking Log

raquo raquo Liaison Reports Library WIMPEG

raquo MinutesNotesPACTracking Log and Museum Commission

+ Urban Renewal Agency if needed + Urban Renewal Agency if neededJUNE 9 2020 - 630 PM JUNE 23 2020 - 630 PM

Agenda items due 1000 am 060420 Agenda items due 1000 am 061820

raquo raquo Budget Adoption

raquo raquoraquo raquoraquo raquoraquo raquoraquo raquo MinutesNotesPACTracking Log

raquo raquo Liaison Reports Traffic Safety Historic Preservation

raquo MinutesNotesPACTracking Log and Independence Days

+ Urban Renewal Agency if needed + Urban Renewal Agency if neededFuture Items City Council LiaisonsIndpMonm IGA re MINET (City Mgr) Historic Preservation Commission Councilor Takacs2019 Transportation financing discussion (unf bsn) Hop amp Heritage Block Party Councilor CorrDuplex ADU worksession HPC worksession Independence Days Commission Councilor CorrJan 2021 - 9th St Sewer projects bid award (kie) Library Board Councilor MortonOverlay project award (Winter 2020) (Kie) MINET Councilor HicksF St Construction Award Museum Advisory Board Councilor MortonHoffmanGun club intersection project (wk ssn) (Kie) Parks amp Rec Committee Councilor Martin-WillisPublic Hearing LA-04-2018 (HPC code update) (Fred) Planning Commission Councilor Martin-WillisOnstreet parking regulations (BobTom) Traffic Safety Commission Councilor TakacsSidewalk program (KieShawnTom) WIMPEG Councilor Ranstrom-Smith(IMC) update Building Codes provisions

Budget MeetingsMar 25 Budget Committee Orientation (rescheduling TBA)May 6th Budget CommitteeMay 13th Budget CommitteeMay 20th Budget Committee (if needed)June 23rd Council - Budget Adoption

Page 81 of 81

  • Agenda
  • 31 March 24 2020
  • 61 Council Action Memo
  • 61 Cherriots Presentation
  • 71 Council Action Memo
  • 71 Tap Station OLCC application
  • 72 Council Action Memo
  • 72 AXON Proposal
  • 73 Council Action Memo
  • 73 Resolution 20-1526
  • 74 Council Action Memo
  • 74 Interim IGA
  • 74 COG Scope of Work
  • 74 MWHA Governance Charter
  • 91 04-09-2020
Page 8: City of Independence

Page 6 of 7 City Council Minutes 03-24-2020

LA-2019-04 at public hearing on February 25th

ACTION1st MOTION Councilor Morton moved to read the proposed Ordinance Council Bill 2020-02 in full as the text is contained in the Council packet for the first time Councilor Takacs seconded Motion passed 5-0-0 AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

City Recorder Johnson read the ordinance title

2nd MOTION Councilor Martin-Willis moved to read the proposed Ordinance Council Bill 2020-02 for the second time by title only Councilor Ranstrom-Smith seconded Motion passed 5-0-0 AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

City Recorder Johnson read the ordinance title

3rd MOTION Councilor Martin-Willis moved to adopt the proposed Ordinance Council Bill 2020-02 Councilor Takacs seconded Motion passed 5-0-0 AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

City Recorder Johnson announced the bill passed and will be assigned ordinance number 1576

Councilor Martin-Willis thanked Evander for his diligent and persistent work on this project

Mayor McArdle thanked staff for putting this meeting together appreciates all city staff to keep us moving forward

8 COUNCIL ANNOUNCEMENTS None

9 GENERAL INFORMATION Items submitted in the packet are for information only no action was required by city council

10 ADJOURN There being no further business to come before the council Councilor

Page 8 of 81

Page 7 of 7 City Council Minutes 03-24-2020

Martin-Willis moved to adjourn motion passed 5-0-0 AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

Meeting adjourned 719 pm

__________________________________MAYOR JOHN McARDLE

ATTEST

____________________________________Karin Johnson MMC City Recorder

Page 9 of 81

Page 10 of 81

555 South Main Street Post Office Box 7 Independence OR 97351

Phone 503838-1212 Fax 503606-3282 email kcottamciindependenceorus

[ ] Information Only [ X ] Action Requested

Statement of IssueStaff is requesting the authority to allow Cherriots Public Transportation services to install 12 new bus stops in Independence

BackgroundCherriots has made 2 previous presentations to council for new bus route and service one in June 2019 and one this year on February 25th Today is the final presentation and request for installation of 12 new bus stops

DiscussionThe city has committed to improving public transportation with several partners Cherriots Public Transportation is an important link to our neighboring cites in Polk County This new service will enter neighborhoods frequently to provide transportation alternatives We are asking council for permission to install yellow curb at these stops approximately 50rsquo is needed for the bus to safely load and unload riders That is the equivalent of 2 parking spaces per stop The stops were placed with taking the minimal amount of parking in mind Both the Public Works Dept and Police Dept inspected and approved every stop proposed We estimate that fewer than 16 parking spots will be needed city wide

Fiscal ImpactCherriots will install and paint the curbs yellow the city will then maintain the stops from the transportation dept funds I do not have an exact amount for maintaining the stops however impact will be minimal

Options1 Approval to allow Cherriots Public Transportation Services to install 12 new bus stops in Independence 2 Defer action requesting additional information3 Deny request

CITY OF INDEPENDENCEPUBLIC WORKS MEMORANDUM

TO Mayor and City Council FROM Kie CottamMEETING DATE 04092020

SUBJECT Cherriots Bus Route 45

Page 11 of 81

555 South Main Street Post Office Box 7 Independence OR 97351

Phone 503838-1212 Fax 503606-3282 email kcottamciindependenceorus

RecommendationSuggested MotionStaff recommends Option 1

Suggested Motion ldquoI move to authorize Cherriots Public Transportation Services to install 12 new bus stops in Independence at the locations as provided by Cherriots staffrdquo

AttachmentsA Cherriots Presentation

Memo prepared by Kie Cottam PW Director

Page 12 of 81

492020

1 1

Route 45 Bus Stop Parking RemovalsIndependence City Council Meetingndash April 14 2020By Ted Stonecliffe Transit Planner II

2

Introductionbull Public outreach completedbull Purpose of bus stop parking removal requestbull Responses to neighbor concernsbull Vehicle typebull Locations of bus stops proposedbull Next stepsbull Conclusionsbull Questions and answers

1

2

Page 13 of 81

492020

1 2

3

Public outreach completed

Public surveybull Conducted in-person outreach events and a six-week online

survey in Summer 2019City council appearances

bull June 2019 February 2020 April 2020

Property owners adjacent to new stopsbull Sent letters certified return receipt USPS mail to each

adjacent property ownerbull Door hangers placed on 160 doors in vicinity of on-street

parking removals and new bus stopsbull Website with all the details cherriotsorgNewRoute45

4

Purpose of bus stop parking removalsbull Buses must have direct access to the curb in order to

loadunload passengers safely especially in mobility devicesbull In order to comply with the Americans with Disabilities Act

(ADA)

Responses to concerns

bull Worked with neighbors on 4th Street to find a better southbound bus stop location

bull Eliminated northbound bus stop on 13th Street in response to neighbor complaint

bull Minimizing parking removals for E Street due to heavy on-street parking occupancy

3

4

Page 14 of 81

492020

1 3

5

Vehicle typebull 25-ft long 14 seats wheelchair lift-equippedbull Needs 50 feet of parking removed at each location

6

Route 45 bus stop locations in Independence (12 new 4 existing)

Monmouth Independence

5

6

Page 15 of 81

492020

1 4

7

Website examples of parking removals

E Street (between 10th and 11th ) Main Street Oak Street

8

Next Stepsbull Seek approval for stops and no-parking zones from three cities ndash

April amp May

bull Release bid package to potential contractors ndash June or July

bull Begin marketing new service at least 30 days in advance of launch

bull Install new stop poles amp signs ndash August

bull Launch new service September 2020

bull Continue marketing new service actively in September

7

8

Page 16 of 81

492020

1 5

9

Conclusionsbull Public outreach allowed public to weigh in on service

design and bus stop locationsbull Property owners have been notified of pending parking

removals by the citybull Removal of parking is necessary for the safety of the riding

public and to comply with the ADAbull Worked with community members and city public works

department to develop final planbull Request for parking removals for bus stops will come from

public works department (Kie Cottam)

10

Questions

9

10

Page 17 of 81

492020

1 6

11

11

Page 18 of 81

CITY OF INDEPENDENCE OREGONMEMORANDUM

TO Honorable Mayor and City Council

FROM Tom Pessemier City Manager

SUBJECT New Establishment Liquor License Applicant

DATE April 9 2020

Action Requested X Information Only

Statement of Issue

The Tap Station LLC DBA The Tap Station located at 87 N Main St has made an application with the Oregon Liquor Control Commission for Additional Privilege This license would allow the licensee to sell wine malt beverages and ciders for Off-Premises Consumption This application is submitted as a result of the recent restrictions put into place for licensed establishments regarding COVID-19 The additional license would allow The Tap Station to selldeliver their products to the consumer for off-premises consumption I have spoken to the OLCC regarding this and they are currently seeing a large increase in these applications and as a result are granting 90-day temporary authority at application with a requirement for follow-up reviewrecommendation by the local authority prior to final decisions or issuance

Background

In 1992 our City adopted resolution 881 which establishes criteria for screening liquor license applications The police department was assigned the task to do initial reviews of each liquor license application The police department then completes a staff report on those findings for the City Council review

Analysis

I have conducted a background investigation for The Tap Station as well as Christopher Ream and did not locate any issues I believe would hinder his operation of this business Christopher has owned and operated The Tap Station since he took over its ownership in the middle of 2019 with no issues or calls for service related to alcohol at the establishment

Fiscal Impact

Page 19 of 81

As of this date I do not know if the fees for this application have been paid

Options

1 Council may recommend approval for this establishment pending the payment of all city fees

2 Council may recommend denying the license for this establishment if reasonable grounds can be established

3 Council may impose an option of its own choosing

Recommended Motion

Option 1 I move to recommend approval of the above liquor license request pending payment of all fees

Attachments

Liquor license application for Additional Privilege

Memo Prepared by

Sergeant Justin Hedlund 46248

Page 20 of 81

reg Read ImportantOregon law requires that every applicant for a liquorlicense obtain a written recommendationfrom the governing body of the county if the place of business of the applicant is outside theincorporated city or from the city councilif the place of business of the applicant is within anincorporated city You must take the attached a lication forms to the a ro riategoverning body After the endorsement process is completed a representative from the city orcounty willcontact you to pick up the application You may deliver the application to the OLCCoffice or retain it until it is requested by the license investigator

Oregon Liquor Control Commission200 Hawthorne Avenue SE Suite Bmdash210Salem OR 97301

Questions Call (503) 378-4871

Page 21 of 81

OREGON LIQUORCONTROLCOMMISSION

LIQUORLICENSEAPPLICATION1 Application Do not includeany OLCCfees with your application packet (the licensefee willbe collected at a latertime) Application is being madefor

LicenseApplied For CITYAND COUNTYUSEONLYBrewery 1st LocationBrewery 2nd LocationBrewery 3rd Location

BrewerymdashPublicHouse 1st LocationBrewery-Public House Znd LocationBrewerymdashFublicHouse 3rd LocationDistillery

Date application received andordate stamp

Name of City or County

FullOn~Premises CommercialFullOnmdashPremisesCatererFull OnmdashPremisesPassenger Carrier

FullOn~Premises Other Public LocationFullOnmdashPremisesFor Profit Private Club

Recommends this license be

III Granted D Denied

FullOnmdashPremisesNonprofit Private Club By

Grower Sales Privilege 1st Location

E Grower Sales Privilege 2nd Location Datelsquo

Grower Sales Privilege 3rd Location OLCCUSEONLYLimited On~Premises

Dateapplictiop receivedOffmdashP lsquo

XI remises

Off-Premises with Fuel PumpsK

V lsquo

Warehouse

ByWholesale Malt Beverage amp Wine

Winery 1st Location LicenseAction(s)Winery Znd Location

Winery 3rd Location

Winery 4th Location He _ Winery 5th Location I IIraquo

2 ldentifythe app|icant(s) applyingforthe license(s) ENTITY(example corporation or LLC)or IND|VlDUAL(S)applyingfor the license(s)

__ raquomdash F7)lee leeSTPiTOs3LLC EmsectQEoCgcEm

(Applicant1) (Applicant2)w JUN

mt I

(Applicant3) (Applicant4) REU_w_lsquo _ -KJI

3 Trade Name ofthe Business (Name Customers Will See)

rdquozTrsigtsectT1rsquorIOlsquovlsquo)4 Business Address (Number and Street Address of the Location that will have the liquor license)

euro7 3 H-IMFraquo STCity ZipCelNraquoDeuroPtNDtNltE rsquoigtoLg 733i

County

OLCCLiquor License Application (Rev 1110)

Page 22 of 81

TtEliigtsectTlTOM5 Trade Name of the Business (Name Customers WillSee)

6 Does the business address currently have an OLCCliquor license E YESlNo7 Does the business address currently have an OLCCmarijuana license EYESXJNO

VDTEOK318 MailingAddressPOBox Number Street Rural Route (where the OLCCwillsend your mail)

City

sectPxE

State

GELZip Code

973019 Phone Number of the Business Location

Btu3amp3 I 17w10 EmailContact for this Application

xxoLtCoIVi11 Contact Person for this Application

Otilsect ilElsquotM

VierctP one Number

OmrsquoSlWtCW3rsquoContact Persons Mailing Address (if different)

701eatevtao we seCity

Sltuim

State Zip Code

OR 0tlsquoIsect07__

Please note that liquor license applications are public records A copy of the application will be posted on the OLCC

website for a period of several weeks

I understand that marijuana (such as use consumption ingestion inhalation samples give-away sale etc) isprohibited on

the licensedpremises

I attest that allanswers on all forms documents and information provided to the OLCCare true and complete

Applicant Signatu rels)

- Each individual person listed as an applicant must sign the application

0 if an applicant is an entity such as a corporation or LLCat least one person who is authorized to sign for the entity

must sign theapplication- A person with the authority to sign on behalf of the applicant (such as the applicants attorney or a person with

power of attorney) may sign the application Ifa person other than an applicant signs the application please

wideroo fsignatureauthority

(A (Applicant2)

(App|icant3) (App|icant4)

otcc Liquor License Application (Rev 11201

Page 23 of 81

OREGON LIQUOR CONTROL COMMISSION

BUSINESS INFORMATION

Please Print or Type

Applicant Name ItET9 StPtT1gtsectgt Phone euroL FZFIVITrade Name (dba) THETAP 3 Tioixs

Business Location Address

City BEPEHDEMCF ZIP Code Ci73sectl

DAYSAND HOURS OF OPERATION

Business Hours Outdoor Area HoursSunday 7mdash- to E2314 Sunday

toMondairsquo __i T0_m MondayTU95daY A I0 E TuesdayWednesday i to WednesdayThursday 3 to

EIFriday __L to __jSaturday IS to I

The outdoor area is used for

KlsquoFood service

Aicohol service

Hours

to

area is adequately viewed andorused by Service Pennittees

(investigators Initials)

Seasonal Variations l31YesEl No if yes explain USEH-qkxig LQ1+JTiZHOOKZRuse Co-mgt-q HRS QceemdashClsquonpoundboeuroeuroeuroJiigtmecent HDUKB

ENTERTAINMENT Check anthat app|y DAYS amp HOURS OF LIVE OR DJ MUSIC

MLive Music E Karaoke

tE Recorded Music D CommdashoperatedGames sectrj3 tgDJ Music B Video Lottery Machines Tuesday to

Wednesday toD Dancing WSocial Gaming Thursday SIDSFriday g to D Nude Entertainers D Pool Tables Saturday 3 to I

D Other

SEATINGCOUNT

Restaurant Outdoor grCraquo OLCC USE ONLY

lsquobk Investigator Veried Seating__(Y) __(N)

Lounge _pound_ Other (explain)mvasgamllnmms

I

lsquo

Banquet Total Seating Date

I understand if my answei7euro)ote a complete the OLCC may deny my license application

Applicant SignatureU

-lsquo Date 3 Z3 lsquoT Z0101-800-452-OLCC (6522)

wwworegongovolcc yrsldquo 1207)Page 24 of 81

555 South Main Street Post Office Box 7 Independence OR 97351

Phone 503838-1212 Fax 503606-3282 email tpessemierciindependenceorus

TO Mayor and City Council FROM City Manager Tom Pessemier MEETING DATE April 14 2020 SUBJECT Approval of 5-year sales contract for

AXON services [ ] Information Only [ X ] Action Requested Statement of Issue A 5-year sales contract with AXON for body-worn cameras Tasers and digital cloud-based storage with software interface is submitted for council consideration Background In 2014 the City of Independence started using body worn cameras in the police department We started by testing different platforms selecting AXON as our preferred provider then negotiated a 5-year contract which was partially grant funded Our current contract expires this month and we have negotiated a new contract for Council consideration Discussion Included in the contract being considered today AXON provides body cameras and Tasers for our officers and CSOrsquos training and training aids and Taser devices for our patrol staff to wear while on patrol These devices are covered under a warranty for the life of the contract as well as a provision for camera replacement around the half-way point of the contract to the newest technology available Certification training for our instructor to be certified to train our staff and other training materials are also included The sales contract also includes software and cloud storage of video The AXON platform which we currently use allows us the ability to transfer video directly to the DArsquos office or others electronically rather than having to build DVDrsquos of video which has saved our records department a lot of time It also provides the ability for citizens to upload video directly to our AXON cloud as well as video redaction capabilities which allows us to comply with Oregon law

CITY OF INDEPENDENCE MEMORANDUM

Page 25 of 81

555 South Main Street Post Office Box 7 Independence OR 97351

Phone 503838-1212 Fax 503606-3282 email tpessemierciindependenceorus

Fiscal Impact The total 5-year contract cost is $131786 broken into annual payments of $26357 Funds are available for this fiscal year in the police department operating budget Funds would be included in the police department budget request for contract years 2-5 Options

1 Approve the contract as proposed 2 Approve the contract with amendments 3 Take no action

RecommendationSuggested Motion Staff recommends Option 1

ldquoI move to authorize the City Manager to sign a service contract for body worn cameras tasers and cloud storage with AXONrdquo Attachments

A Proposed AXON contract

Memo prepared by Robert Mason Police Chief

Page 26 of 81

Payment Terms Net 30

Delivery Method Fedex - Ground

Q-251225-43927723KP

Year 1

Item DescriptionTerm

(Months)Quantity

List Unit

Price Net Unit Price Total (USD)

Axon Plans amp Packages

20248 TASER 7 EVIDENCECOM ACCESS LICENSE 60 1 000 000 000

73687 EVIDENCECOM VIEWER LICENSE 60 1 000 000 000

73746 PROFESSIONAL EVIDENCECOM LICENSE 60 11 000 000 000

73686EVIDENCECOM UNLIMITED AXON DEVICE

STORAGE60 11 000 000 000

73683 10 GB EVIDENCECOM A-LA-CART STORAGE 60 110 000 000 000

73449 AWARE LICENSE 60 11 000 000 000

20248 TASER 7 EVIDENCECOM ACCESS LICENSE 60 11 000 000 000

20246TASER 7 DUTY CARTRIDGE REPLACEMENT

ACCESS LICENSE60 11 000 000 000

73683 10 GB EVIDENCECOM A-LA-CART STORAGE 60 10 000 000 000

73840 EVIDENCECOM BASIC ACCESS LICENSE 60 10 000 000 000

Hardware

20160TASER 7 HOLSTER - SAFARILAND RH+CART

CARRIER11 000 000 000

75015 SIGNAL SIDEARM KIT 11 000 000 000

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

Issued 04062020

Quote Expiration 05152020

Account Number 110011 Axon Enterprise Inc17800 N 85th St

Scottsdale Arizona 85255

United States

Phone (800) 978-2737

Protect Life

PRIMARY CONTACT

Justin Hedlund

Phone (503) 837-1109

Email hedlundjustinciindependenceorus

BILL TO

Independence Police Dept - OR

P O Box 7

Independence OR 97351

US

SHIP TO

Justin Hedlund

Independence Police Dept - OR

555 S Main Street

Independence OR 97351

US

SALES REPRESENTATIVE

Kyle Panasewicz

Phone (480) 905-2071

Email kylepaxoncom

Fax (480) 658-0673

Q-251225-43927723KP

1

Page 27 of 81

Year 1 (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware (Continued)

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

20014TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE STANDOFF (322 000 000 000

20015TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE CLOSE QUART22 000 000 000

20008TASER 7 HANDLE HIGH VISIBILITY (GREEN

LASER) CLASS 3R11 000 000 000

20040 TASER 7 HANDLE WARRANTY 4-YEAR 11 000 000 000

20018 TASER 7 BATTERY PACK TACTICAL 13 000 000 000

20041TASER 7 BATTERY PACK WARRANTY 4-

YEAR13 000 000 000

20042TASER 7 DOCK amp CORE WARRANTY 4-

YEAR1 000 000 000

70033WALL MOUNT BRACKET ASSY

EVIDENCECOM DOCK1 000 000 000

74200 TASER 7 6-BAY DOCK AND CORE 1 000 000 000

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)33 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)33 000 000 000

20016TASER 7 INERT CARTRIDGE STANDOFF

(35-DEGREE)1 000 000 000

20017TASER 7 INERT CARTRIDGE CLOSE

QUARTERS (12-DEGREE)1 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

73202 AXON BODY 3 - NA10 5 69900 63260 316300

74028 WING CLIP MOUNT AXON RAPIDLOCK 5 000 000 000

11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 5 000 000 000

Other

73810 OFFICER SAFETY PLAN 7 60 11 000 000 000

Not Eligible

TASER 7

INSTRUCTO

R COURSE

VOUCHER

Not Eligible TASER 7 INSTRUCTOR COURSE

VOUCHER1 000 000 000

Protect LifeQ-251225-43927723KP

2

Page 28 of 81

Year 1 (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Other (Continued)

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 132442 1456862

Not Eligible

TASER 7

MASTER

INSTRUCTO

R SCHOOL

VOUC

Not Eligible TASER 7 MASTER INSTRUCTOR

SCHOOL VOUCHER1 000 000 000

Not Eligible

Target and

Frame

Not Eligible Target and Frame 11 000 000 000

Not Eligible

Halt SuitNot Eligible Halt Suit 1 000 000 000

20135OCULUS GO STANDALONE VIRTUAL

REALITY HEADSET1 000 000 000

20247TASER 7 ONLINE TRAINING CONTENT

ACCESS LICENSE60 11 000 000 000

20249VR EMPATHY DEVELOPMENT AUTISM

SCHIZOPHRENIA ACCESS LICENSE60 11 000 000 000

73827 AB3 CAMERA TAP WARRANTY 60 5 000 000 000

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2118510

Estimated

Shipping000

Estimated Tax 000

Total 2118510

Year 1 - TAP Refresh

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

74210 AXON BODY 3 - 8 BAY DOCK 2 000 000 000

73202 AXON BODY 3 - NA10 11 000 000 000

74028 WING CLIP MOUNT AXON RAPIDLOCK 16 000 000 000

11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 11 000 000 000

73202 AXON BODY 3 - NA10 1 69900 000 000

74028 WING CLIP MOUNT AXON RAPIDLOCK 1 000 000 000

11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 1 000 000 000

Protect LifeQ-251225-43927723KP

3

Page 29 of 81

Year 1 - TAP Refresh (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Other

73828 AB3 8 BAY DOCK TAP WARRANTY 60 2 000 000 000

73827 AB3 CAMERA TAP WARRANTY 60 11 000 000 000

71019NORTH AMER POWER CORD FOR AB3 8-

BAY AB2 1-BAY 6-BAY DOCK2 000 000 000

73827 AB3 CAMERA TAP WARRANTY 60 1 000 000 000

Subtotal 000

Estimated Tax 000

Total 000

Year 1 - T7 Certification

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Axon Plans amp Packages

20248 TASER 7 EVIDENCECOM ACCESS LICENSE 60 6 000 000 000

20246TASER 7 DUTY CARTRIDGE REPLACEMENT

ACCESS LICENSE60 6 000 000 000

Hardware

20160TASER 7 HOLSTER - SAFARILAND

RH+CART CARRIER6 000 000 000

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

20014TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE STANDOFF (312 000 000 000

20015TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE CLOSE QUART12 000 000 000

20008TASER 7 HANDLE HIGH VISIBILITY (GREEN

LASER) CLASS 3R6 000 000 000

20040 TASER 7 HANDLE WARRANTY 4-YEAR 6 000 000 000

20018 TASER 7 BATTERY PACK TACTICAL 6 000 000 000

20041TASER 7 BATTERY PACK WARRANTY 4-

YEAR6 000 000 000

20016TASER 7 INERT CARTRIDGE STANDOFF

(35-DEGREE)1 000 000 000

20017TASER 7 INERT CARTRIDGE CLOSE

QUARTERS (12-DEGREE)1 000 000 000

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)18 000 000 000

Protect LifeQ-251225-43927723KP

4

Page 30 of 81

Year 1 - T7 Certification (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware (Continued)

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)18 000 000 000

20050 HOOK-AND-LOOP TRAINING (HALT) SUIT 1 75000 67875 67875

Other

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

Not Eligible

TASER 7

INSTRUCTO

R COURSE

VOUCHER

Not Eligible TASER 7 INSTRUCTOR COURSE

VOUCHER1 000 000 000

Not Eligible

Taser 7

Evidenceco

m Admin

License

Not Eligible Taser 7 Evidencecom Admin

License1 000 000 000

Not Eligible

TASER 7

MASTER

INSTRUCTO

R SCHOOL

VOUC

Not Eligible TASER 7 MASTER INSTRUCTOR

SCHOOL VOUCHER1 000 000 000

Not Eligible

Target and

Frame

Not Eligible Target and Frame 6 000 000 000

Not Eligible

Halt SuitNot Eligible Halt Suit 1 000 000 000

Not Eligible

for VR

Headset

Not Eligible for VR Headset 1 000 000 000

20247TASER 7 ONLINE TRAINING CONTENT

ACCESS LICENSE60 6 000 000 000

20249VR EMPATHY DEVELOPMENT AUTISM

SCHIZOPHRENIA ACCESS LICENSE60 6 000 000 000

80087TASER 7 TARGET CONDUCTIVE

PROFESSIONAL (RUGGEDIZED)1 15000 13575 13575

Protect LifeQ-251225-43927723KP

5

Page 31 of 81

Year 1 - T7 Certification (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Other (Continued)

20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 49500 44798 44798

Subtotal 517208

Estimated Tax 000

Total 517208

Year 1 - Trade In

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Other

20104 TASER 7 TRADE-IN UPFRONT PURCHASE 17 000 000 000

Subtotal 000

Estimated Tax 000

Total 000

Year 2

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

Other

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 172674 1899414

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2635722

Estimated Tax 000

Total 2635722

Protect LifeQ-251225-43927723KP

6

Page 32 of 81

Year 3

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

20014TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE STANDOFF (322 000 000 000

20015TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE CLOSE QUART22 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

20014TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE STANDOFF (312 000 000 000

20015TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE CLOSE QUART12 000 000 000

Other

73309 AXON BODY CAMERA REFRESH ONE 11 000 000 000

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 172674 1899414

73689 MULTI-BAY BWC DOCK MID REFRESH 2 000 000 000

73309 AXON BODY CAMERA REFRESH ONE 1 000 000 000

73309 AXON BODY CAMERA REFRESH ONE 5 000 000 000

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2635722

Estimated Tax 000

Total 2635722

Protect LifeQ-251225-43927723KP

7

Page 33 of 81

Year 4

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

Other

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 172674 1899414

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2635722

Estimated Tax 000

Total 2635722

Year 5

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

Protect LifeQ-251225-43927723KP

8

Page 34 of 81

Year 5 (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware (Continued)

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

Other

73310 AXON BODY CAMERA REFRESH TWO 11 000 000 000

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 172674 1899414

73688 MULTI-BAY BWC DOCK FINAL REFRESH 2 000 000 000

73310 AXON BODY CAMERA REFRESH TWO 1 000 000 000

73310 AXON BODY CAMERA REFRESH TWO 5 000 000 000

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2635722

Estimated Tax 000

Total 2635722

Grand Total 13178606

Protect LifeQ-251225-43927723KP

9

Page 35 of 81

Summary of Payments

Payment Amount (USD)

Year 1 2118510

Year 1 - TAP Refresh 000

Year 1 - T7 Certification 517208

Year 1 - Trade In 000

Year 2 2635722

Year 3 2635722

Year 4 2635722

Year 5 2635722

Grand Total 13178606

Discounts (USD)Quote Expiration 05152020

List Amount 15120900

Discounts 1942294

Total 13178606

Total excludes applicable taxes

Protect LifeQ-251225-43927723KP

10

Page 36 of 81

Notes

The parties agree that Axon is granting a credit of $306000 (applied to Year 1 Payment) for trade-in of CEW hardware This credit is based on a ship date range of 512020-

5152020 resulting in a 612020 contract start date Any change in this ship date and resulting contract start date will result in modification of this credit value which may

result in additional fees due to or from Axon

Axon BWC hardware contained in this quote is at zero cost as a TAP refresh of contracts 00004618 and 00010394 The parties agree that all TAP obligations of contracts

00004618 and 00010394 have been fulfilled

Purchase of TASER 7 are governed by the TASER 7 Agreement located at httpswwwaxoncomlegalsales-terms-and-conditions and not the Master Services and

Purchasing Agreement referenced below

Tax is subject to change at order processing with valid exemption

Axonrsquos Sales Terms and Conditions

This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axonrsquos Master Services and Purchasing Agreement

(posted at wwwaxoncomlegalsales-terms-and-conditions) as well as the attached Statement of Work (SOW) for Axon Fleet andor Axon Interview

Room purchase if applicable Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions By

signing below you represent that you are lawfully able to enter into contracts If you are signing on behalf of an entity (including but not limited to the

company municipality or government agency for whom you work) you represent to Axon that you have legal authority to bind that entity If you do not

have this authority please do not sign this Quote

Signature CustSIG Date CustDate

Name (Print) CustName Title CustTitle

PO (Or write

NA) CustPo

Please sign and email to Kyle Panasewicz at kylepaxoncom or fax to (480) 658-0673

Thank you for being a valued Axon customer For your convenience on your next order please check out our online store buyaxoncom

The trademarks referenced above are the property of their respective owners

Protect LifeQ-251225-43927723KP

11

Axon Internal Use Only

Review 1 Review 2

SFDC Contract

Order Type

RMA

Address Used

SO

Comments

Page 37 of 81

Page 38 of 81

555 South Main Street Post Office Box 7 Independence OR 97351Phone 503838-1212 Fax 503606-3282 email kjohnsonciindependenceorus

TO Mayor and City CouncilFROM Shawn Irvine Economic Dev Dir

MEETING DATE April 14 2020SUBJECT Resolution Rural Business

Development Grant Application

[ ] Information Only [ X ] Action Requested

Statement of Issue Staff is requesting Council approve a resolution supporting a grant application to fund the development of a shared-use commercial kitchen facility downtown

BackgroundFor several years the City has worked with local and regional partners to support entrepreneurship and the growth of small businesses These classes and programs have supported a number of successful businesses including several located downtown The past two years the City has partnered with IndyCommons ndash the downtown co-working space ndash to run a series of meetups and classes intended to identify potential business clusters within the communityrsquos entrepreneurs Food-based businesses were the top cluster identified

The mid-Willamette Valley is the largest and most diverse agricultural production region in the state with over 170 different crops being grown It also has a concentration of large and small value-added food products companies that leverage the diverse agricultural products for their businesses The USDArsquos Rural Business Development Grant program supports proposals that offer assistance and training for small businesses in rural communities

DiscussionOver the last decade development of a shared-use commercial kitchen has come up several times in the Cityrsquos regional economic development work These facilities allow licensed users to rent the space on an hourly basis for trying new recipes developing new products and small-scale production The ability to rent a licensed facility enables entrepreneurs to test their ideas and products prior to making the significant investment into building their own commercial kitchen While there has been strong and consistent interest in such a facility from entrepreneurs it is a complex enough project that nobody was willing to be the organizer and operator

IndyCommons opened four years ago successfully bringing the shared space co-working model to downtown Independence Last year the company spun off a new non-profit IndyIdeaHub to support entrepreneurship programming and development in the community and region With the success of the co-working space and the new non-profit IndyCommons is ready to tackle a shared-use commercial kitchen They have leased the neighboring space in their building and plan to operate a shared kitchen and event space with ldquomicro retailrdquo in the storefront Micro retail rents shelf space to entrepreneurs instead of an entire store reducing the startup cost for a new product company and enabling them to test the market for new products without the cost of renting an entire store The kitchen event space and micro retail

CITY OF INDEPENDENCEMEMORANDUM

Page 39 of 81

555 South Main Street Post Office Box 7 Independence OR 97351Phone 503838-1212 Fax 503606-3282 email kjohnsonciindependenceorus

space would work in concert creating a kind of food incubator while also drawing people downtown for pop up dinners and other events

IndyCommons is leasing the space and the Cityrsquos grant application would support the non-profitrsquos work to outfit and operate the kitchen while offering business development programs The grant will request approximately $90000 matched with funds from IndyCommons and a $60000 Rural Opportunity Initiative grant the City received through Business Oregon which supports programming for food-based entrepreneurship

While the City is requesting the grant and supporting development of this kitchen facility its users will not be limited just to Independence residents As with IndyCommons anyone willing to travel to the facility and pay the rental fee will be able to use it Programs and classes will also be open to anyone from the region

Fiscal Impact Staff time will be spent writing the grant and if awarded coordinating the project No City funds will be used as match for this project

Options1 Approve the resolution as submitted2 Approve the resolution with amendments3 Take no action

RecommendationSuggested MotionStaff recommends Option 1

Suggested motion ldquoI move to approve Resolution 20-1526 Authorizing the City to Apply for a Rural Business Development Grantrdquo

AttachmentsA Resolution 20-1526

Page 40 of 81

Page 1 of 2 Resolution 20-1526 Authorizes USDA Grant Application

BEFORE THE CITY COUNCIL OF THE CITY OF INDEPENDENCE

COUNTY OF POLK STATE OF OREGON

IN THE MATTER OF AUTHORIZING THE CITY ]OF INDEPENDENCE TO APPLY FOR A RURAL ]BUSINESS DEVELOPMENT GRANT FROM THE ]UNITED STATES DEPARTMENT OF AGRICULTURE ]FOR DEVELOPMENT OF A SHARED-USE ]COMMERCIAL KITCHEN FACILITY AND ]DELEGATING AUTHORITY TO THE CITY ]MANAGER TO SIGN THE APPLICATION ]

RESOLUTION 20-1526

A RESOLUTION AUTHORIZING APPLICATION FOR USDA GRANT

WHEREAS the USDA is accepting applications for its Rural Business Development Program and

WHEREAS the City of Independence has the capacity to administer the grant and desires to participate in this grant program to the greatest extent possible as a means of providing needed business development and entrepreneurship programming and

WHEREAS Staff have identified development of food-based businesses as a successful regional business cluster which could be expanded within the City of Independence and

WHEREAS local and regional economic development plans have identified a shared-use commercial kitchen as an important asset to reduce barriers to entry for food-based startup businesses and

WHEREAS the City of Independence has an existing partnership with IndyCommons to support entrepreneurship and business development within the community and

WHEREAS the City of Independence has available matching funds from the State of Oregonrsquos Rural Opportunity Initiative which will fund food-based business programming and services at the new kitchen facility and

Page 41 of 81

Page 2 of 2 Resolution 20-1526 Authorizes USDA Grant Application

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF INDEPENDENCE AS FOLLOWS

Section 1 The City Council demonstrates its support for the submittal of a grant application to the United States Department of Agriculture for development of a shared-use commercial kitchen and delegates authority to sign grant documents to City Manager Tom Pessemier

Section 2 This Resolution shall be effective following its adoption by the City Council

Passed by the City Council this 14th of April 2020

Effective Date April 14 2020Signed by the Mayor April 14 2020

__________________________John McArdle Mayor

ATTEST

_______________________Karin Johnson MMCCity Recorder

Page 42 of 81

555 South Main Street Post Office Box 7 Independence OR 97351Phone 503838-1212 Fax 503606-3282 email tpessemierciindependenceorus

TO Mayor and City CouncilFROM City Manager Tom Pessemier

MEETING DATE April 14 2020SUBJECT Approval of IGA Mid-Willamette Valley

Homeless Alliance Continuum of Care

[ ] Information Only [ X ] Action Requested

Statement of IssueAn Inter-Governmental Agreement concerning the Mid-Willamette Valley Homeless Alliance is submitted for council consideration

BackgroundIn 2019 the City of Independence along with the cities of Monmouth Keizer Salem the Salem-Keizer School District Polk and Marion counties and the Confederated Tribes of Grand Ronde and with the Mid-Willamette Valley Council of Governments (COG) formally organized the Mid-Willamette Valley Homeless Alliance (MWVHA) which serves as our regionrsquos Continuum of Care (CoC) The CoC is committed to the goal of preventing and ending homelessness within Polk and Marion counties The CoC was recognized by the US Housing and Urban Development Department (HUD) on 12-11-19 and to that end a formal Governance Charter was approved by the MWVHA Board of Directors on 2-13-20

The MWVHA Board of Directors is a collaboration of the members and the COG has provided administrative support for the member governments The MWVHA is not a legal entity and HUD regulations require a legal entity to serve as the Collaborative Applicant for a Continuum of Care therefore an ORS 190 entity (Inter-Governmental Agreement or IGA) is proposed to be formed to allow the member governments to contract with the COG to provide services and for the COG to be reimbursed

DiscussionTime is of the essence this IGA establishes the terms and conditions under which the member governments will coordinate to support the MWVHA through contracting with the COG to serve as the Collaborative Applicant This IGA is a short-term solution until a new entity is designated and would expire on August 13 2020

Fiscal ImpactNo additional fiscal impact Funds have been reservedbudgeted for this project

Options1 Approve the IGA as proposed2 Approve the IGA with amendments3 Take no action

RecommendationSuggested Motion

CITY OF INDEPENDENCEMEMORANDUM

Page 43 of 81

555 South Main Street Post Office Box 7 Independence OR 97351Phone 503838-1212 Fax 503606-3282 email tpessemierciindependenceorus

Staff recommends Option 1

ldquoI move to approve the cityrsquos participation in the ORS 190 concerning the Mid-Willamette Valley Homeless Alliance and to authorize the City Manager to sign the related documentsrdquo

AttachmentsA Interim IGAB COG Scope of WorkC MWHA Governance Charter

Memo prepared by Karin Johnson City Recorder

Page 44 of 81

1 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

1 PARTIES TO AGREEMENT

This Agreement by and between the Confederated Tribes of the Grand Ronde (ldquoGrand Ronderdquo) Marion County (ldquoMarionrdquo) Polk County (ldquoPolkrdquo) and the Cities of Independence (ldquoIndependencerdquo) Keizer (ldquoKeizerrdquo) Monmouth (ldquoMonmouthrdquo) Salem (ldquoSalemrdquo) the Salem-Keizer School District (ldquoSalem-Keizerrdquo) collectively the ldquoMember Governmentsrdquo and the Mid-Willamette Valley Council of Governments (ldquoCOGrdquo) is made pursuant to ORS 190010

2 AUTHORITY This Agreement is established under the authority of Oregon Revised Statutes (ORS) Chapter 190

3 BACKGROUNDa The Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo) was formed on

September 24 2019 and recognized by the US Housing and Urban Development Department (ldquoHUDrdquo) on December 11 2019 for the Polk County and Marion County region to carry out the purposes of the HUD Continuum of Care program described in 24 CFR Part 578

b The Alliance Charter was approved by the Alliance Board of Directors on February 13 2020 (Attachment 1)

c The Alliance is a collaboration of the Member Governments non-profit service organizations and community members and is not a legal entity

d The Member Governments have made financial contributions for the 2019-2020 Fiscal Year which are being managed by COG

e The Member Governments have agreed to make financial contributions to support the Alliance for the 2020-2021 Fiscal Year subject to budgetary approval as approved by the Alliance Board of Directors (Attachment 2)

f HUD regulations require a legal entity to serve as the Collaborative Applicant for a Continuum of Care such as the Alliance

g The COG has been providing administrative support and other resources for the Alliance including contract management for independent contractors engaged by COG at the request of the Alliance During this time the Member Governments have directly paid their contribution amounts to COG to manage those funds for the Alliance

h The COG has agreed on an interim basis to continue to provide administrative support and other resources in addition to serving as the Collaborative Applicant for

Page 45 of 81

2 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

the Alliance until an ORS 190 entity has been formed and designated by the Alliance Board of Directors to serve as the Collaborative Applicant

i The Alliance Board of Directors approved the execution of this Agreement for a term to expire on August 13 2020 to allow the Member Governments to contract with the COG to provide Collaborative Applicant services and reimburse COG for services

4 PURPOSE

The purpose of this Agreement is to establish the terms and conditions under which the Member Governments will coordinate to support the Alliance through contracting with COG to serve as the Collaborative Applicant for the Alliance pursuant to 24 CFR Part 578 The parties understand and agree that this Agreement serves as an interim solution to allow COG to serve as the Collaborative Applicant and be reimbursed for its costs until a new entity is designated

5 TERM AND TERMINATION

51 This Agreement shall be effective from the date upon which the last signature is affixed hereto and shall expire on August 13 2020 unless otherwise earlier terminated or extended

52 This Agreement may be terminated by mutual consent of all parties hereto Any such termination of this Agreement shall be without prejudice to any obligations or liabilities of any party already accrued prior to such termination

6 FUNDING AND BILLING

61 The Member Governmentsrsquo fiscal year 2020-2021 contributions as set forth in Attachment 2 shall be made to COG subject to the individual Member Governmentrsquos budgetary approval Nothing in this Agreement binds any Government Member to any specific financial contribution after the 2020-2021 fiscal year

62 COG shall be reimbursed for its expenses already incurred in support of the Alliance from January 1 2020 to the effective date of this Agreement COGrsquos expenses prior to July 1 2020 shall be reimbursed from the Member Governmentsrsquo Fiscal Year 2019-2020 contributions and COGrsquos expenses for the period of July 1 2020 to the termination of this Agreement shall be from the Member Governmentsrsquo Fiscal Year 2020-2021 contributions COG shall submit an invoice to the Alliance Board for its approval for COGrsquos Fiscal Year 2019-2020 expenses no later than August 30 2020 and shall submit an invoice to the Alliance Board for its approval for COGrsquos Fiscal Year 2020-2021 expenses no later than September 30 2020

63 COGrsquos expenses under this Agreement shall not exceed the total amount of funds contributed by the Member Governments and any contributions from other members of the Alliance donations or grants provided to COG for the benefit of the Alliance subject to the rates for specific services as set forth in the Scope of Work As set forth in the Scope of

Page 46 of 81

3 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

Work COG shall provide timely financial reports to the Alliance and shall ensure that expenses do no exceed available resources approved by the Member Governments through the Alliance Board

7 OBLIGATIONS UNDER THE TERMS OF THIS AGREEMENT

71 MEMBER GOVERNMENTS agree to

a Make timely payment to COGb Maintain good standing as a member of the Alliancec Collaborate in good faith with other Member Governments to create a new ORS 190

entity to serve as the Collaborative Applicant for the Alliance

72 COG agrees to

Serve as the Collaborative Applicant for the Alliance and perform other duties as established in the Scope of Work (Attachment 3)

8 DESIGNATION OF SUCCESSOR COLLABORATIVE APPLICANT

The Member Governments understand and agree that the Alliance is required to have a Collaborative Applicant as that term is defined in 24 CFR Part 57815 which must be a legal entity The Alliance Board has indicated a desire that the Member Governments form an intergovernmental entity to serve that purpose Time is of the essence to designate a successor Collaborative Applicant and the Member Governments agree to work cooperatively and in a timely manner to agree on the new Collaborative Applicant The Member Governments also agree they will create a new intergovernmental entity to serve in that role

9 COMPLIANCE WITH APPLICABLE LAWS

The parties agree that both shall comply with all applicable federal state and local laws and ordinances applicable to the parties and the work to be done under this Agreement The parties agree that this Agreement shall be administered and construed under the laws of the state of Oregon Nothing in this Agreement shall be considered a waiver of tribal sovereign immunity

10 NONDISCRIMINATION

The parties agree to comply with all applicable requirements of federal state and local civil rights statutes rules and regulations in the performance of this Agreement

11 HOLD HARMLESSThe parties agree to indemnify and hold harmless each other for from and against all claims costs expenses (including attorney fees) losses damages fines charges actions or other liabilities solely to the extent arising from their own intentional or negligent acts or those of their agents contractors or employees and to the extent applicable the above indemnification is

Page 47 of 81

4 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

subject to and shall not exceed the limits of the Oregon Tort Claims Act (ORS 30260 through 30300) and the Oregon Constitution The parties intend to provide reciprocal indemnity obligations The parties acknowledge that the Oregon Tort Claims Act does not limit the liability of Grand Ronde in the same manner as the other parties Accordingly the parties agree Grand Rondersquos indemnity shall not exceed the indemnification limits of any other party

12 INSURANCE

Each party shall insure or self-insure and be independently responsible for the risk of its own liability for claims within the scope of the Oregon tort claims act (ORS 30260 to 30300) The parties intend to provide reciprocal liability insurance obligations The parties acknowledge that the Oregon Tort Claims Act does not apply to Grand Ronde in the same manner as other parties Accordingly the parties agree that Grand Ronde shall self-insure in an amount consistent with the liability for claims of any other party

13 MERGER CLAUSEParties concur and agree that this Agreement constitutes the entire agreement between the parties No waiver consent modification or change to the terms of this agreement shall bind either party unless in writing and signed by both parties There are no understandings agreements or representations oral or written not specified herein regarding this agreement Parties by the signatures below of their authorized representatives hereby agree to be bound by its term and conditions

Page 48 of 81

5 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

THE CONFEDERATED TRIBES OF THE GRAND RONDE COMMUNITY OF OREGON

__________________________________ ________________________ Cheryle A Kennedy DateTribal Council Chairwoman

Page 49 of 81

6 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

CITY OF INDEPENDENCE

__________________________________ _____________________Tom Pessemier DateCity Manager

Page 50 of 81

7 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

CITY OF KEIZER

__________________________________ ________________________Christopher Eppley DateCity Manager

Approved as to form

________________________________________Keizer City Attorney

Page 51 of 81

8 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

CITY OF MONMOUTH

__________________________________ _____________________Chad Olsen DateInterim City Manager

Page 52 of 81

9 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

MARION COUNTY BOARD OF COMMISSIONERS

__________________________________Chair

__________________________________Commissioner

__________________________________Commissioner

Date _____________________

Page 53 of 81

10 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

POLK COUNTY BOARD OF COMMISSIONERS

__________________________________Commissioner

__________________________________Commissioner

__________________________________Commissioner

Date _____________________

Page 54 of 81

11 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

SALEM-KEIZER PUBLIC SCHOOLS

_____________________________________ _____________________Marty Heyen Chairperson Board of Directors DateSalem-Keizer Public Schools

Page 55 of 81

12 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

CITY OF SALEM

__________________________________ _____________________Steve Powers DateCity Manager

Page 56 of 81

13 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

__________________________________ _______________________Renata Wakeley DateActing Executive Director

Page 57 of 81

Page 58 of 81

1

MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

SCOPE OF WORK FOR THE MID-WILLAMETTE VALLEY HOMELESS ALLIANCE COG shall undertake the following items in performance of this Agreement

1 Finance a Manage and process accounts payable and accounts receivable b Maintain records of project expenditures and revenues in COG financial

management system c Maintain copies of personal services contracts and other contracts for goods and

services under this Agreement d Provide monthly financial report to the Alliance Board e Provide support to and project financial statements in annual audit f Incorporate project expenditures and revenues into COG budget forecast prepare

budget documents for Alliance Board approval g Provide documentation of internal controls and other financial policies and

procedures to HUD upon request h Manage HUD planning grant when awarded Assure planning grant expenditures

made by the project are allowable per HUD regulations i Prepare any required financial reports associated with the planning grant j Accept and record Alliance member contributions and k Invoice members for annual project contributions and track contribution receipts

2 Administrative Support

a Attend Alliance Board meetings and executive committee meetings prepare draft minutes and maintain meeting records

b Assist the Alliance in scheduling meetings and other meeting-related tasks including merging documents for the meeting packet

c Schedule meeting space when available facilitate meeting logistics and preparation including setting up meeting space copying documents making name cards setting up laptop and PowerPoint equipment connecting participants through conference phone

d Maintain email lists in conjunction with the Alliance e Notice meetings per Public Meetings Law requirements f Assist the Alliance in preparing and disseminating a quarterly Alliance newsletter

COG is not responsible for creating or obtaining content for the newsletter and g Maintain Homeless Initiative web page on the COG website and provide up to six

(6) hours a month of IT support for the newly acquired and licensed Homeless Initiative web page

3 Executive Director Support

a Negotiate and approve goods and personal service contracts and contract amendments upon request of the Alliance

b Approve payments for monthly invoices c Provide executive level advice and support in working with the COG board of

directors and COG members d Authorize legal services upon request of the Alliance

Page 59 of 81

2

e Authorize IT services upon request of the Alliance f Attend MWVHA board meetings as needed and g Serve as the Collaborative Applicant for the 2020 NOFA process sign required

application documents

4 IT Support a Support development and maintenance of the Alliance website and b Other projects upon request of the Alliance and approval of Executive Director

5 Legal Services upon request of the Alliance and approval of Executive Director

6 Rates for services provided by COG are set forth COGrsquos fee schedule attached hereto as

Exhibit 1 (COG Board of Directors Resolution 2019-06) COG modifies its fee schedule annually on or about on July 1 of each year COG may modify the fees under this Agreement by not more than 15 for any individual fee upon adoption of a fee schedule for the 20-21 fiscal year and providing the Member Governments 10-daysrsquo notice of the modified fees The rates for services set forth herein apply to this Agreement and COG reserves the right to propose different rates in any future agreement pursuant to COGrsquos adopted fee schedule

Page 60 of 81

Page 61 of 81

Page 62 of 81

Page 63 of 81

Page 64 of 81

1

MID-WILLAMETTE VALLEY HOMELESS ALLIANCE GOVERNANCE CHARTER

FINAL ndash Approved by the CoC Development Council on 10-24-19 ratified by the Mid-Willamette Valley Homeless Alliance Board of Directors on 2-13-20

ARTICLE I CONTINUUM OF CARE NAME AND PURPOSE

A NAME OF THE CONTINUUM OF CARE (COC) The name of this organization is the Mid-Willamette Valley Homeless Alliance which serves as the regionrsquos Continuum of Care herein referred to as ldquothe CoCrdquo

B CONTINUUM OF CARE (COC) OVERVIEW 1 GEOGRAPHIC BOUNDARIES The CoC represents the geographic region within the boundaries of Marion

and Polk counties 2 PURPOSE The CoC is organized to carry out the purposes of the US Housing and Urban Development

(HUD) Continuum of Care program as described in 24 CFR Part 578 The CoC promotes communitywide commitment to the goal of preventing and ending homelessness provides funding for efforts by nonprofit providers and state tribal and local governments to quickly rehouse homeless individuals including unaccompanied youth and families while minimizing the trauma and dislocation caused to homeless individuals families and communities by homelessness promotes access to and effective utilization of mainstream housing and homeless services programs by homeless individuals and optimizes self-sufficiency among individuals and families experiencing homelessness Its work includes gathering and analyzing data to determine local needs of and resources available to people experiencing homelessness developing and prioritizing a menu of strategic responses collaboratively implementing a strategic plan promoting service coordination educating the public on homeless issues providing advice and input on homeless services operations leveraging resources for maximum impact and measuring and promoting strong program performance Through collaborative efforts of local and tribal governments school districts nonprofit organizations and other participating stakeholders the CoC seeks to develop an evidence-based system of services including stable housing designed to meet the unique and complex needs of adults youth children and families in Marion and Polk counties who are at risk of or are experiencing homelessness ICLE 3 ndash GEOGRAPHIC RE

ARTICLE II CONTINUUM OF CARE GOVERNANCE STRUCTURE

A BOARD OF DIRECTORS 1 NAME The name of the CoC governing board is the Mid-Willamette Valley Homeless Alliance Board of

Directors herein referred to as the ldquoCoC Boardrdquo or the ldquoBoardrdquo The CoC has established a governing board as required by 24 CFR part 5787(a)(3) The Board is responsible for the overall policy and direction of the CoC and may delegate responsibility for day-to-day operations to staff and committees

2 VOTING MEMBERSHIP The Board will consist of at least thirteen (13) voting members that have no

conflicts of interest as defined in Article III of this charter and 24 CFR part 57895 Board members will

Page 65 of 81

2

serve without compensation Board membership includes representation from the following organizations or subpopulations

a One representative from each of the following organizations

i Union Gospel Mission a faith-based organization ii The Confederated Tribes of Grand Ronde iii Local governments

(a) City of Independence (b) City of Keizer (c) City of Monmouth (d) Polk County

iv Salem-Keizer School District (24J) v Salem Health vi Homeless or formerly homeless individuals appointed by the Law Enforcement Assisted Diversion

Program and vii United Way of the Mid-Willamette Valley a nonprofit organization

b Two representatives from the City of Salem and Marion County In the alternative pursuant to

Section 11 of Article 2 Marion County and the City of Salem may appoint one representative who may exercise two votes

3 EX-OFFICIO BOARD MEMBERS In addition seven (7) ex-officio participants may serve as non-voting ex-

officio board members participating in discussions and representing such groups as a Marion County Salem and West Valley Housing Authorities b Mid-Willamette Valley Community Action Agency c Polk County Veteran Services and d Co-chairs of the CoC Collaborative Committee

4 BOARD SELECTION PROCESS

a The initial CoC Board of Directors will be nominated by the Development Council established by a 2019 Memorandum of Agreement in consultation with the stakeholders workgroup

b Each organization nominated for representation on the CoC Board will identify persons to serve who hold elected or senior staff roles in decision-making for that organization

c Members serve at the pleasure of the CoC Board d Any directors representing organizations newly added to the Board by amendment to this charter

will be nominated and confirmed by vote of the CoC board e Pursuant to 24 CFR part 5787(a)(3) the CoC Board will submit this written selection process to the

CoC Collaborative Committee described in Section D of this article and Board of Directors for review update and approval at least once every five (5) years

5 BOARD FINANCIAL CONTRIBUTIONS Each organization represented as a voting member on the CoC

board will contribute funds to supplement CoC operations contingent on the organizationrsquos budgetary

authority Contributions will be reviewed and approved annually by the CoC board

6 BOARD ALTERNATES Board members may designate an Alternate for a single meeting who can attend in the board memberrsquos place if the member must miss a meeting The Alternate must represent the same organization or subpopulation as the absent Board member Prior to the board meeting the absent Board member or his or her designee must communicate in writing to CoC staff confirming the Alternatersquos attendance and granting authority for the Alternate to vote

Page 66 of 81

3

7 TERMINATION The Board may remove any member when it determines it is in the interest of the CoC to do so Member terminations require a 23 vote of the appointed voting membership Reasons for removal include excessive absences from meetings conduct that is contrary to the Boardrsquos code of conduct or noncompliance with conflict of interest or other board policies

8 RESIGNATION Resignations by Board members shall be submitted in writing to CoC staff who will forward the resignation notice to board leadership Resignations will be announced at the next regularly scheduled board meeting For board positions representing designated organizations resignation is implied if a person seated on the board is no longer affiliated with the organization that appointed him or her The appointing organization is then responsible for assuring that another qualified person is appointed to represent that organization

9 MEETINGS Pursuant to 24 CFR part 5787(a)(1) the Board will meet at least semi-annually in conjunction with the CoC Collaborative Committee to conduct general CoC business Inclusive of these semi-annual joint meetings the board will meet at least quarterly and may meet more frequently at the call of the chair The CoC Board is a public body subject to the public meetings and record laws as stated in ORS Chapter 192 All meetings will be open to the public

10 QUORUM A majority defined as 50 plus one of the appointed voting Board membership will constitute a quorum for the transaction of all business at meetings Members may attend either in person or by conference call so long as persons in attendance and on the telephone can both hear and communicate with each other Members attending by telephone conferencing may be counted towards achieving a quorum

11 VOTING Each Board member will hold one vote on all matters brought before the board However in recognition of their significant financial contributions to the effort Marion County and the City of Salem may select two persons to represent each organizationrsquos interests on the CoC Board or in the alternative may select one representative who shall have two votes on any matter Board decisions shall be made by a majority of the total votes available to the entire appointed voting Board membership

12 NOTICE AND INCLUSION a The Board will provide for and give public notice reasonably calculated to give actual notice to

board members interested persons news media that have requested notice and general public notice Notice shall include the time and place for holding regular meetings The notice will also include a list of the primary subjects anticipated to be considered at the meeting Distribution of meeting notices will be in a manner that maximizes the potential of the public awareness of Board proceedings and for the public to participate in its deliberations

b Whenever possible matters resulting in a recommendation to the Board will be deliberated during a minimum of two meetings to assure maximum participation

c The Board encourages input to its deliberations and decision-making from a diversity of stakeholders including consumers and community members from diverse genders racial and ethnic origins cultural groups and geographic areas within the CoC boundaries CoC members are encouraged to bring ideas or concerns to the attention of the CoC Board and staff

d The Board will conduct outreach at least semi-annually with business organizations such as economic development forums chambers of commerce and Rotary clubs to inform business leaders about current issues surrounding homelessness and gather information from a business perspective

13 AGENDAS Items may be placed on a meeting agenda by any Board member or by CoC staff The agenda will be distributed to members and through public notice at least one week prior to a Board meeting

Page 67 of 81

4

B BOARD OFFICERS 1 CHAIR The Board will accept nominations and elect a chair annually The chair may be elected for

subsequent terms The chair will act as leader of the convened meeting and as the parliamentarian The chair will enforce Board policies and membership rules and will guide the conduct of public meetings The chair is the official Board representative and shall be the primary spokesperson to the media

2 VICE CHAIR The chair will select a vice chair with board consent In the absence of the chair the vice chair will assume the chairs responsibilities If neither the chair nor vice chair is available for a public meeting then the assembled quorum of the meeting will select a temporary chairperson to conduct the meeting

3 EXECUTIVE COMMITTEE LEADERSHIP The chair and vice chair serve as leaders of the CoC Executive Committee as described in Section E1

C STAFF RESPONSIBILITIES TO THE CoC BOARD

1 STAFF SUPPORTCOLLABORATIVE APPLICANT Subject to available funding for CoC operations Mid-

Willamette Valley Council of Governments (COG) will serve as the Collaborative Applicant described in

Article IV Section E and provide staff support that could be employees contractors and in-kind

support as well as in-kind materials and services to support the CoC To maintain a neutral role in

facilitating council meetings staff representing the COG will not hold authority to vote on matters

placed before the CoC Board

2 UNIFIED FUNDING AGENCY The CoC will seek designation as a Unified Funding Agency from the US

Department of Housing amp Urban Development

3 MEETING PREPARATION CoC staff is responsible for meeting preparation which includes

a Locating reserving and preparing the meeting space b Sending meeting notice agendas and minutes to the CoC distribution list one week prior to the

meeting and a reminder one day prior to the meeting c Compiling background materials and staff reports d Planning Board meetings in collaboration with the Executive Committee e Taking attendance at meetings and f Providing facilitation as needed

4 MINUTES CoC staff will serve as the CoC Board Administrator and prepare meeting minutes Minutes

will include a list of the members present motions proposals resolutions and orders proposed and their disposition the results of all votes and a vote by each member by name the substance of any discussions on any matter and reference to any document discussed at that meeting Minutes will be posted on the CoC website and distributed to the Board membership one week prior to the monthly meeting

5 RECORDS Pursuant to 24 CFR part 578103 and 24 CFR part 5785(b) staff will maintain CoC records to document compliance with HUD requirements including the following a Approved CoC governance charter that includes a written process to select the CoC board b Documentation of required reviews and updates including the annual charter review and review of

Board selection process every five years c CoC Board and committee rosters designating representation of sectors and subpopulations d Agendas and minutes of CoC Board committee subcommittee and workgroup meetings

Page 68 of 81

5

e Designation of a single Homeless Management Information System (HMIS) for the CoC f CoC applications for funds as set forth in 24 CFR part 5789 g Use of planning funds for eligible costs and other grant management documentation pursuant to 24

CFR part 57839 and h Completed and signed CoC conflict of interest forms required in Article III Section 5 of this charter

6 OTHER RESPONSIBILITIES CoC staff will maintain distribution lists distribute communications to CoC members and the community at large develop and maintain a CoC webpage support CoC committees and workgroups produce and submit applications for funds and perform other duties as assigned by the CoC Board to support the CoC

D CoC COLLABORATIVE COMMITTEE 1 PURPOSE The purpose of the CoC Collaborative Committee is to assist the Board in accomplishing the

responsibilities of the Continuum of Care as described in Article IV

2 MEMBERSHIP Participation in the Continuum of Care is open through the CoC Collaborative Committee to interested organizations and to interested individuals representing the community at large Member agencies will be responsible for identifying CoC representatives Participating agencies may have more than one person identified as a CoC representative Homeless and formerly homeless people are encouraged and supported to participate A roster of CoC Collaborative Committee participants will be maintained and posted on the CoC website

3 VOTING Each member organization and community at large member who has participated in at least two (2) meetings in the preceding twelve (12) months after the initial year of CoC operations shall have one vote at subsequent meetings on each matter submitted to a vote of CoC members To the maximum extent possible committee meetings shall operate on a consensus basis However members can request a majority vote on specific issues Agencies with more than one representative in attendance will determine in advance which representative will vote In all cases each member organization has only one vote

4 RESIGNATION Member agencies may resign from the CoC Collaborative Committee by sending a

written communication to CoC staff

5 CO-CHAIRS The CoC Board will appoint co-chairs to facilitate CoC Collaborative Committee meetings based on nominations from the CoC Collaborative Committee One co-chair will represent the public (governmental) sector and the other will represent the private (nongovernmental) sector Co-chairs will serve for two-year terms and may be reappointed by the Board

5 RECRUITMENT AND OUTREACH The CoC Board will publish and disseminate an open invitation at least annually for those within the CoC area to join as new CoC Collaborative Committee members CoC staff will document recruitment efforts The CoC Board will identify and address membership gaps in essential sectors and will recruit so that membership requirements are being met pursuant to 24 CFR part 5787 Outreach will be conducted to obtain representation from the following groups listed in 24 CFR part 5785(a)

a Nonprofit homeless assistance providers b Victim service providers c Faith-based organizations d Governments

Page 69 of 81

6

e Businesses f Advocates g Public housing agencies h School districts i Social service providers j Mental health agencies k Hospitals and health care organizations l Universities m Affordable housing developers n Law enforcement o Organizations that serve veterans p Homeless and formerly homeless individuals and q Other relevant organizations within the CoCrsquos geographic boundaries such as organizations and coalitions that serve unaccompanied youth employment councils substance abuse providers and early learning hubs

E COMMITTEES AND WORKGROUPS 1 STANDING COMMITTEES AND WORKGROUPS The CoC Board will appoint members representing

organizations participating in the CoC Collaborative Committee to the standing committees and workgroups listed in this section as E1 a through d The Board will also designate chairs or co-chairs to facilitate committee or workgroup meetings CoC staff will be assigned to take notes at committee and workgroup meetings and assure that CoC policies and processes are followed CoC staff will also maintain lists of committee and workgroup membership and post the lists to the CoC webpage a PERFORMANCE AND EVALUATION COMMITTEE The Performance and Evaluation Committee shall

review and recommend to the Board the policies timelines and scoring tools for application review and ranking process as part of the Continuum of Care competition for funds The Performance and Evaluation Committee shall also be responsible for monitoring and reviewing CoC-funded projects and general system performance The Performance and Evaluation Committee shall make recommendations to the CoC Board to improve system performance with input from the CoC Collaborative Committee Members of this committee may not have a conflict of interest described in Article III and may not be recipients of HUD funds i The CoC Board will appoint a subcommittee of not fewer than five (5) Performance and

Evaluation Subcommittee members to review and rank project applications during the annual process described in Article IV Section E

ii The Board will strive to appoint subcommittee members who are knowledgeable about homelessness and housing in the region and representative of relevant sectors subpopulations and geographic areas of the region

iii Subcommittee members must have completed conflict of interest forms on file with CoC staff affirming that they are not employees or do not have a business relationship or other conflicts of interest as described in Article III

iv Subcommittee members must be willing to dedicate time for application review and subcommittee meetings during the application process

b COORDINATED ENTRY COMMITTEE The Coordinated Entry Committee creates the policies and

procedures for the CoCrsquos coordinated entry system The committee is also responsible for monitoring the progress of organizations implementing coordinated entry to ensure it is functioning effectively arranging for technical assistance to participating organizations and recommending changes as necessary The committee shall recruit agencies for participation in coordinated entry

Page 70 of 81

7

c HMIS USERS WORKGROUP The HMIS Users Workgroup consists of representatives from organizations using the Homeless Management Information System (HMIS) The workgroup is co-chaired by the HMIS Lead organization or its designee and the HMIS Designated Coordination Entity as described in Article IVB2 The workgroup shall monitor the progress of organizations using HMIS develop strategies for improving HMIS ease of use troubleshoot data reporting and data quality issues and review and make recommendations on HMIS policies and protocols to the HMIS Lead HMIS Coordination Entity and CoC Board

d POINT-IN-TIME COUNT WORKGROUP The Point-in-Time Count workgroup shall work with the

HMIS Coordination Entity named in Section D2 to organize and conduct the Point-in-Time count including recruitment training and support of volunteer outreach workers for the event

2 SPECIAL COMMITTEES AND WORKGROUPS The Board may authorize the formation of special

committees or workgroups as necessary to deal with specific problems or issues as the Board believes appropriate The Board will appoint members to special committees and workgroups These special committees or workgroups will be time limited and be provided a scope of work from the Board Special committees and workgroups will report their findings and recommendations to the Board upon request or upon the conclusion of their work

3 EXECUTIVE COMMITTEE The Executive Committee is composed of the chair vice chair and at least

three additional Board members The committee works closely with staff to guide the work of the CoC Board Committee members may not serve on the Performance and Evaluation Committee Committee responsibilities include the following a Prepare meeting agendas and ensure matters are ready for Board meetings b Act on matters when authority has been delegated by the full Board to do so and c Act on time sensitive administrative matters that require a decision between Board meetings with

notice provided to all Board members prior to taking action and with the action(s) to be ratified at the next Board meeting Time sensitive administrative matters include but are not limited to required municipal state or federal reports and letters of support associated with grant applications Action will not be taken under this subsection if any Board member notifies the Board Chair of the members objection prior to the Executive Committees action on a time sensitive matter

4 APPEALS COMMITTEE The Board may appoint a committee of three (3) Board members to review and

make appeal decisions during the application process described in Article IV Section E Those appointed to the Appeals Committee may not have participated in the rank and review process must have signed conflict of interest forms on file with CoC staff and must affirm upon committee appointment that they do not have conflicts of interest with agencies applying for CoC Program funding In the alternative the Board may also delegate this responsibility to the Executive Committee

Page 71 of 81

8

ARTICLE III CONFLICT OF INTEREST AND CODE OF CONDUCT

NUUM OF CARE GOVERNANC A CONFLICT OF INTEREST

1 GENERAL PROVISIONS A conflict of interest is a situation in which a CoC Board member or one of his or her family members has a personal or financial interest that compromises or could compromise the Board or committee memberrsquos independence of judgment in exercising his or her responsibilities to the CoC It is the position of this CoC that conflicts of interest shall not compromise the CoCrsquos work and that even the appearance of a conflict shall be avoided in all circumstances

2 ADHERENCE TO CONFLICT OF INTEREST POLICY CoC Board and committee members are expected to adhere to the CoC Conflict of Interest Policy which requires the member to minimize conflicts of interest disclose ethical legal financial and other conflicts and remove themselves from decision-making if they would otherwise be called on to act on a conflict involving themselves their family members or entities with which they or their family members are closely associated Under the policy Board members are required to disclose actual or potential conflicts of interest as well as certain relationships and transactions No CoC Board member may participate in or influence discussions or resulting decisions concerning the award of a grant or other financial benefits to the organization that the member represents pursuant to 24 CFR part 57895

3 DEFINITIONS The CoC will assure that Board and committee members acknowledge the federal and state definitions of conflict of interest and are in full compliance with state and federal law a Conflict of Interest definitions aligning with federal statute are

i Conflict of Interest generally means a situation in which a Board member or his or her immediate family member has directly him- or herself or indirectly through another individual or entity a personal or financial interest that compromises or could compromise the Board memberrsquos independence of judgment in exercising his or her responsibilities to the CoC

ii Prohibited Conflict of Interest means a conflict of interest that would prevent a Board member from serving on the Board or participating in any of the Board activities A Board member who has a potential or actual Prohibited Conflict of Interest must resign from the Board Prohibited Conflicts of Interest include CoC compensation and employment loans federal employee status use of CoC equipment facilities assets or staff time for non-CoC purposes and acceptance of gifts gratuities favors or anything of monetary value

iii Issue-Specific Conflict of Interest means a conflict of interest that would prevent a Board member from voting on or being present during the discussion of a specific issue such as votes on contracts and CoC leadership

b Oregon Revised Statutes Chapter 244 defines actual and potential conflict of interests for members

of public bodies No Board or committee member shall participate in a decision in which he or she has a private pecuniary interest Affected members shall disqualify themselves from participation by written notification to the Board as required by ORS 244120

i A potential conflict of interest exists when a Board or committee member takes an action that

reasonably could be expected to have a financial impact on that member a relative or a business with which the member or members relative is associated The member may participate in an action after declaring the potential conflict and announcing its nature

Page 72 of 81

9

ii An actual conflict of interest exists when an action is reasonably certain to result in a special benefit or detriment to the member a relative or a business with which the member or members relative is associated The member will declare the actual conflict and announce its nature The member must then refrain from taking any official action except when the members vote is necessary to achieve a quorum When a vote is necessary to achieve a quorum the member may vote but may not participate in any discussion or debate on the issue out of which the actual conflict arises

4 PENALTIES A Board member who purposefully conceals a conflict of interest refuses to recuse him- or

herself from voting or engages in other conduct that violates the CoC Conflict of Interest policy will be subject to removal from the Board

5 ANNUAL DECLARATION Board and committee members are to annually receive a copy of the CoC Conflict of Interest Policy sign the CoCrsquos Conflict of Interest form and submit the form to CoC staff

B B CODE OF CONDUCT 1 GENERAL PROVISIONS CoC members are expected to observe the highest standards of ethical conduct

in the execution of their responsibilities to conduct themselves with courtesy and respect and to refrain from harassment intimidation discrimination and physical or verbal abuse

2 CONFIDENTIALITY CoC members must respect and maintain the confidentiality of sensitive information

they may gain from their association with the CoC This may include personal information about community members experiencing homelessness

3 RESPONSIBILITY AND INTEGRITY In the performance of their duties CoC members are expected to carry out CoC duties to the best of their abilities and to maintain the highest standards of integrity for actions with other CoC members including CoC Board members service providers service recipients and members of the general public CoC Board and committee members shall put forth honest effort in the performance of their duties to advance the CoCrsquos mission exercising sufficient control and supervision over matters for which they are individually responsible and should not do anything to bring the full CoC or its members into disrepute

4 MISUSE OF POSITION Misuse of position is prohibited A CoC member must not use his or her position with the CoC for personal gain or for the benefit of family or friends

5 COMMUNICATIONS CoC members shall make clear when communicating publicly or with the media whether they are speaking in their own name on behalf of their agency or organization or on behalf of the CoC if the CoC Board has empowered them to speak on the CoCrsquos behalf

6 WASTE FRAUD AND ABUSE CoC members shall disclose waste fraud abuse and corruption in the operation of the Continuum of Care to appropriate authorities

7 EQUAL OPPORTUNITY CoC Board members shall adhere to laws and regulations that provide equal opportunity for all people regardless of race color religion gender identity national origin ethnicity sexual orientation age or disability

Page 73 of 81

10

8 PENALTIES This Code of Conduct will be distributed annually to CoC members Members in violation of any portion of this Code of Conduct will be subject to disciplinary action which could include immediate termination from the CoC Board or CoC committees

9 ANNUAL DECLARATION Board members are to annually receive a copy of the Code of Conduct acknowledge receipt by signing a form and submit a copy of the signed form to CoC staff

O ARTICLE II CONTINUUM FCARE GOVERNANCE STRUCTURE

ARTICLE IV OPERATING THE CONTINUUM OF CARE

A CoC RESPONSIBILITIES The CoC Board is responsible for assuring that the following responsibilities are accomplished with broad participation from CoC stakeholders

1 Hold meetings of the full membership with published agendas at least semi-annually pursuant to 24 CFR part 5787(a)(1)

2 Make an invitation for new members to join the CoC publicly available within the geographic area at least annually pursuant to 24 CFR part 5787(a)(2)

3 Adopt and follow a written process to select a board to act on behalf of the CoC The process must be reviewed updated and approved by the CoC at least once every five (5) years pursuant to 24 CFR part 5787(a)(3)

4 Appoint additional committees subcommittees or workgroups pursuant to 24 CFR part 5787(a)(4)

5 In consultation with the Collaborative Applicant and HMIS Lead develop follow and update annually a governance charter which will include all procedures and policies needed to comply with Subpart B of part 5787 and with HMIS requirements as prescribed by HUD and a code of conduct and recusal process for the board its chair(s) and any person acting on behalf of the board pursuant to 24 CFR part 5787(a)(5)

6 Consult with recipients and subrecipients to establish performance targets appropriate for population and program type monitor recipient and subrecipient performance evaluate outcomes and take action against poor performers pursuant to 24 CFR part 5787(a)(6)

7 Evaluate outcomes of projects funded under the Emergency Solutions Grants (ESG) program and the CoC program and report to HUD pursuant to 24 CFR part 5787(a)(7)

8 In consultation with recipients of Emergency Solutions Grants program funds within the geographic area establish and operate either a centralized or coordinated assessment system that provides an initial comprehensive assessment of the needs of individuals for housing and services The CoC must develop a specific policy to guide the operation of the centralized or coordinated assessment system on how its system will address the needs of individuals and families who are fleeing or attempting to flee domestic violence dating violence sexual assault or stalking but who are seeking shelter or services from nonvictim service providers This requirement along with requirements established by HUD by notice is pursuant to 24 CFR part 5787(a)(8)

Page 74 of 81

11

9 In consultation with recipients of Emergency Solutions Grants program funds within the geographic

area establish and consistently follow written standards for providing CoC assistance as further described in 24 CFR part 5787(a)(9)

10 Designate and operate a single Homeless Management Information System (HMIS) for the geographic area including designating a single system and an HMIS lead reviewing revising and approving a privacy plan security plan and data quality plan for the HMIS ensuring consistent participation of recipients and subrecipients in the HMIS and ensuring that the HMIS is administered in compliance with HUD requirements pursuant to 24 CFR part 5787(b)

11 Develop a CoC plan that includes coordinating the implementation of a housing and service system that meets the needs of homeless individuals including unaccompanied youth and families The system shall include at a minimum outreach engagement assessment shelter housing supportive services and prevention strategies pursuant to 24 CFR part 5787(c)(1)

12 Plan for and conduct at least biennially a Point-in-Time Count of homeless persons within the geographic area as described in 24 CFR part 5787(c)(2)

13 Conduct an annual gaps analysis of the homeless needs and services available within the geographic area pursuant to 24 CFR part 5787(c)(3)

14 Provide information required to complete the Consolidated Plan(s) within the CoCrsquos geographic area pursuant to 24 CFR part 5787(c)(4)

15 Consult with state and local government Emergency Solutions Grants program recipients within the CoCrsquos geographic area on the plan for allocating Emergency Solutions Grants program funds and reporting on and evaluating the performance of Emergency Solutions Grants program recipients and subrecipients pursuant to 24 CFR part 5787(c)(5)

16 Prepare an application for funds that includes a collaborative process in response to a Notice of Funding Availability (NOFA) published by HUD under 24 CFR part 57819

17 OF THE COC AND THE COC BOARD

B CoC REPORTS The CoC Board shall approve the following reports and documents prior to releasing such reports and documents to the community

1 CoC Program Project Priority List 2 Inventory of Homeless Services 3 Annual or Biennial Point-in-Time Count Report 4 Housing Inventory Chart 5 Longitudinal Systems Analysis (LSA) and 6 Homeless Coordinated Entry System Report

Page 75 of 81

12

C CoC CORRECTIVE ACTIONS PROCESS 1 ANNUAL PROGRAM REVIEW CoC funded programs or projects will be reviewed by the Performance

and Evaluation Committee annually with findings reported to the CoC Board 2 RESPONSES TO IMPROVE PROGRAM PERFORMANCE

a Should the Board determine that a program is not meeting established performance measures staff will notify the program or project in writing The organization overseeing the program or project will have the opportunity to provide additional performance information within 30 days of receipt of the CoC notification

b If the program or projectrsquos performance is related to certain items as determined by the CoC Board such as late Annual Performance Report submissions unused funding low utilization low exits to permanent housing low scores on income measures or alignment of program participation with wait list protocols the CoC Board may place a program on probation to improve its performance

c During the probationary period the CoC will enter into a Performance Improvement Agreement with the program or project needing improvement listing specific expectations and timeline

d CoC staff will facilitate technical assistance as needed and available as part of the Performance Improvement Agreement The organization overseeing the program or project is responsible for requesting specific assistance in low-scoring performance areas and requesting clarifications from the CoC about performance measures and expectations

e The length of the probationary period will be proposed by the Performance and Evaluation Committee negotiated by CoC staff and approved by the CoC Board Extensions may be requested for extenuating circumstances and are subject to Board approval If the program or project does not fulfill the agreed-upon expectations included in the Performance Improvement Agreement the Board may reduce funding or ranking may reject future applications from that program or project for HUD CoC Program funds or other remedies approved by HUD

D DESIGNATING AND OPERATING A HOMELESS MANAGEMENT INFORMATION SYSTEM

1 HMIS PURPOSE The primary purpose of the CoCrsquos Homeless Management Information System (HMIS) is to aggregate data on homelessness across Marion and Polk counties to accurately describe the regionrsquos scope and evaluate the effectiveness of efforts to reduce and end homelessness The CoC uses HMIS to a Understand the characteristics and service needs of homeless people b Analyze how homeless people use services c Evaluate program effectiveness and outcomes d Improve access to and delivery of services for people experiencing homelessness and e Strengthen community planning and resource allocation

2 DESIGNATED HMIS ROLES Oregon Housing amp Community Services (OHCS) is designated as the HMIS Lead AgencyAdministrator Portland Housing Bureau is the vendor that provides the licensed software for the HMIS system Mid-Willamette Community Action Agency is designated as the CoC regionrsquos HMIS Coordination Entity designated by the HMIS Lead to coordinate data collection and data analysis for the region The CoC Board oversees the work of the HMIS partners

3 HMIS DECISIONMAKING AUTHORITY HMIS decisions which affect local CoC operations are made by the

HMIS Administrator in consultation with the HMIS Users Workgroup and HMIS Coordination Entity HMIS decisions which affect CoCs participating in statewide HMIS implementation will be made by the Northwest Social Services Connections Committee with representation from each CoC in Oregon The

Page 76 of 81

13

HMIS Lead will keep CoC staff informed of issues and decisions and will provide a summary of key decisions to the CoC Board at least annually

4 HMIS LEAD RESPONSIBILITIES Oregon Housing amp Community Services as HMIS Lead works closely with

the CoC and is responsible for maintaining the CoCrsquos HMIS system in compliance with HUD standards OHCS is responsible for coordinating the following activities a Providing operation security maintenance system auditing and technical support of HMIS central

hardware software and connectivity b Executing a written HMIS Participation Agreement with each Contributing HMIS Organization (CHO)

which includes the role obligations and authority of the HMIS Lead and the organization and requirements to comply with security privacy and data quality plans

c Setting up and managing user accounts access levels and passwords d Providing technical and user support for HMIS software including agency account set-up system

monitoring and testing problem diagnosis and resolution and routine software and information maintenance

e Providing and coordinating ongoing training and technical support for the system f Ensuring consistent HMIS participation by CoC and Emergency Shelter Grant (ESG)recipients and

subrecipients g Maintaining and updating a Privacy Plan Security Plan and Data Quality Plan h Ensuring the accuracy of data including regularly assessing that all participating agencies are

accurately and comprehensively capturing participant entry and exit dates and providing technical assistance to correct data quality challenges

i Coordinating regular end user meetings ie HMIS Users Workgroup meetings to discuss software updates data entry report writing and system management issues

j Serving as point of contact for end user questions and concerns k Assessing compliance with the CoCrsquos HMIS Policies and Procedures Manual l Maintaining contact with the software product developer to ensure consistent and uniform

communication among product support personnel and the community m Generating information on the communityrsquos homeless and housing situation for community

planning advocacy and funder reporting requirements n Assisting end users in the creation of custom reports and queries o Providing regular aggregate data reports to participating agencies CoC staff and the CoC Board p Reviewing and implementing product upgrades q Completing the Annual Homeless Assessment Report r Conducting regular data quality checks and providing reports to the CoC Board and s Serving as the applicant to HUD for grant funds to be used for HMIS activities for the CoCrsquos

geographic area as approved by the CoC Board

5 PROVIDER PARTICIPATION Any organization within the CoC geographic region that receives Continuum of Care Program and Emergency Solutions Grant (ESG) funds must participate in HMIS as a Contributing HMIS Organization (CHO) In addition the CoC encourages all providers of services to homeless individuals and families within the CoC geographic area regardless of whether they receive CoC or ESG funds to become a CHO and include their data in HMIS

6 HMIS MANUAL To ensure compliance with HUD requirements the HMIS Lead in collaboration with the

HMIS Coordination Entity HMIS Users Workgroup and other stakeholders is responsible for developing and annually reviewing and updating the CoCrsquos HMIS Policies amp Procedures Manual The manual provides the framework for the ongoing operations of the HMIS system It includes the CoCrsquos privacy data quality and security plans for the HMIS system At any time the HMIS Lead HMIS Coordination Entity HMIS Users Workgroup or CoC Collaborative Committee may identify elements of policies or

Page 77 of 81

14

procedures or other HMIS-related plans that need to be revised Recommendations for revisions are to be submitted to the HMIS Lead The HMIS Lead will present the HMIS Policies amp Procedures Manual to the CoC Board annually or more frequently if significant substantive changes are proposed

E PREPARING AN APPLICATION FOR FUNDS 1 PURPOSE A major function of the Continuum of Care is to prepare and oversee the applications for CoC

funds administered by HUD under the McKinney-Vento Homeless Assistance Act The CoC Program is designed to assist individuals and families experiencing homelessness and to provide the services needed to help them move into housing with the goal of long-term stability The CoC Program funds important housing and services programs such as permanent housing (including permanent supportive housing and rapid re-housing) transitional housing and supportive services programs HUD CoC Program funds are granted annually based on a national competition following the release a Notice of Funding Availability (NOFA) Recipients of Emergency Solutions Grant funds another homeless assistance grant administered under the McKinney-Vento Act are required by HUD to coordinate with the CoC The CoC addresses that requirement through coordinating with the ESG review and ranking process and ESG scoring tool development

2 COLLABORATIVE APPLICANT The Mid-Willamette Valley Council of Governments (COG) is designated as

the CoC Collaborative Applicant and is responsible for leading and supporting all aspects of the annual HUD CoC NOFA application process including submission of the Consolidated Application

3 PROJECT REVIEW PROCESS

a Immediately after HUDrsquos Continuum of Care Program NOFA is released the Collaborative Applicant will coordinate and carry out the activities needed to successfully submit a Consolidated Application on behalf of the CoC

b Tasks required for project review in preparation for NOFA submission include the following

i Prior to the NOFA release the Collaborative Applicant will develop a draft timeline for the NOFA process and design scoring tools and any corresponding local application materials to assist in the review and ranking of renewal and new project applicants Review and ranking materials will take into consideration both local and HUD priorities

ii Scoring tools and the draft timeline will be reviewed by the Performance and Evaluation Committee and recommended to the CoC Board for approval

iii Upon publication of the NOFA the Collaborative Applicant will schedule and publicize a date and time for a Technical Assistance Workshop and finalize the timeline and priorities for the NOFA process

iv Applicants may participate in the Technical Assistance Workshop At the workshop the Collaborative Applicant will present an overview of the NOFA and the process for reviewing and ranking applications The orientation will describe HUD application requirements supplemental local application materials the scoring tool and applicable deadlines and dates Applicants will also have an opportunity to ask questions The CoCrsquos NOFA timeline and application materials will be posted in the CoC webpage

v Applicants will complete and submit application materials by the established deadline vi Late applications will not be accepted vii As an exception to Article IVD3bvi applicants with significant extenuating circumstances may

submit a petition to CoC staff for an extension Extensions require the approval of the CoC Board or the CoC Executive Committee if delegated the authority for this purpose by the Board It is anticipated that exceptions will be granted in very rare circumstances and not applied in

Page 78 of 81

15

situations where advance planning could have resulted in the application being submitted timely

viii Incomplete applications cannot be supplemented with more information or materials to reach a level of completeness once submitted to the CoC for review and ranking but must be completed prior to HUD submission if selected for funding

ix A subcommittee of the Performance and Evaluation Committee is appointed by the CoC Board to review and rank project applications as described in Article II Section E Subcommittee members receive and review application and scoring materials prior to the subcommittee meeting in preparation to score each programrsquos application

x The subcommittee of the Performance and Evaluation Committee meets to jointly discuss and critique each application and may interview applicants as part of the meeting If applicant interviews are included in the review process all applicants must have the opportunity for an interview After discussion and any applicant interviews subcommittee members individually score applications based on the scoring tools

xi A preliminary ranked list is created by the following procedures (a) A ranked list is prepared based on a composite of raw scores for each application (b) Applications that do not meet certain threshold requirements as detailed on the scoring

tool will not be included on the ranked list (c) If the NOFA makes available bonus funds in a program area the highest scoring eligible

projects will be designated for bonus funding in those relevant program areas xii The CoCrsquos goals for priority funding are to promote high-performing projects in alignment with

community and federal priorities Scoring tools will reflect the communityrsquos implementation of local and federal priorities as determined by the CoC Board

xiii Scores and subcommittee feedback on applications are sent to applicants along with a reminder of the appeals process and deadline by the established deadline

4 REALLOCATION OF FUNDS HUD encourages CoCs to reallocate funds from projects with substandard

performance to higher priority community needs that also align with HUD priorities and goals Prior to the release of the NOFA the Performance and Evaluation Committee facilitates a reallocation discussion in consultation with the CoC Collaborative Committee and CoC Board Scenarios for potential reallocation decisions based on the CoCrsquos gaps analysis and strategic plan are provided to the Performance and Evaluation Subcommittee to consider during the ranking process Final reallocation decisions are approved by the CoC Board

5 APPEALS a APPEALS COMMITTEE As described in Article II Section E appeals are considered by the Appeals

Committee or Executive Committee as designated by CoC Board The Appeals Committee will be established only if an applicant requests an appeal

b ELIGIBILITY TO APPEAL Eligible applicants have the opportunity to appeal both their scores and

preliminary rankings prior to the ranked list being finalized and approved by the CoC Board i The following applicants are eligible to appeal

(a) An applicant that receives less funding than applied for (b) An applicant that is ranked below Tier 1 (c) An applicant that is ranked in the bottom third of Tier 1 (d) An applicant that believes its score is not reflective of the application information provided

or (e) An applicant that can describe bias or unfairness in the process that warrants the appeal

ii Applicants that have not met the threshold requirements are not eligible to appeal

Page 79 of 81

16

c APPEALS PROCESS i Appeals must be received in writing with supporting documentation by the established

deadline ii Notices of appeal must be based on the information submitted by the application deadline No

additional or new information will be considered iii The notice of appeal must include a written statement specifying in detail the grounds and

rationale asserted for the appeal iv Valid appeals will be read reviewed and evaluated by the Appeals Committee that will meet to

consider and deliberate appeals based on the applicantrsquos appeal statement and the application materials that the applicant originally submitted to the CoC

v The Appeals Committee will make modifications to the preliminary list based on the results of the appeals process Appeals Committee decisions must be supported by a 23 majority vote

vi The appealing agency will receive a written decision of the Appeals Committee within two (2) business days of the Appeals Committee meeting

vii Appeals Committee decisions result in the final prioritized list submitted for approval to the CoC Board

6 FINAL PRIORITIZED LIST OF APPLICATIONS

a A final ranked project list is submitted to the CoC Board for review and approval after appeals have been determined and the Appeals Committee has made any modifications to the preliminary prioritized list Any Board member with a conflict of interest must recuse himself or herself from all related discussions and abstain from voting on the final priority list As stated in Article II Section A and Article III Board members with conflicts of interest are subject to removal from the Board

b The Collaborative Applicant submits the CoCrsquos approved Consolidated Application to HUD prior to the HUD NOFA deadline

c Conditional award funding is typically based upon the prioritized list of Project Applicants that is submitted however actual awards and award amounts are determined by HUD

ARTICLE V CHARTER AMENDMENTS

1 PROCESS This governance charter may be amended at any CoC Board meeting by a 23 majority vote of the appointed voting Board membership Copies of proposed amendments will be available for review at least one week prior to the Board meeting at which the proposed amendments are considered The Board will seek prior review and recommendation by the CoC Collaborative Committee of any amendments to the charter unless circumstances require an immediate change In the latter situation CoC staff will provide an explanation of the circumstances and provide opportunity for comments and input prior to and as part of the Board meeting

2 FREQUENCY OF REVIEW The CoC Collaborative Committee and Board will review this charter annually

Page 80 of 81

PENDING CITY COUNCIL AGENDA ITEMS 04092020

APRIL 14 2020 - 630 PM APRIL 28 2020 - 630 PM

Agenda items due 1000 am 040920 Agenda items due 1000 am 042320

raquo Hearing amp ord Code changes (comm stds) (Fred)

raquo OLCC appl - The Tap Station (Hedlund) raquo Ordinance - code changes (HPC)

raquo Cherriotts Bus Stop Parking (Kie) raquo Liquor licensing policy

raquo Homeless Alliance IGA (Tom) raquo Alcohol concessions contract (Tom)

raquo AXON contract (Bob) raquo Event Center contract (TomShawn)

raquo Res 1526 USDA grant application (Shawn) raquo Info Report 3Q Finance Report (Gloria)

raquo raquo F Street Design RFP Selection (Kie)

raquo raquoraquo raquo MinutesNotesPACTracking Log

raquo raquo Liaison Reports MINET Park amp Rec

raquo MinutesNotesPACTracking Log and Planning

+ Urban Renewal Agency if needed + Urban Renewal Agency if neededMAY 12 2020 - 630 PM MAY 26 2020 - 630 PM

Agenda items due 1000 am 050720 Agenda items due 1000 am 052120

raquo Parking ordinance update review raquoraquo Arbor Day proclamation raquoraquo TSP Consultant presentation raquoraquo Museum presentation (Carly) raquoraquo Lot 7 DDA (ShawnTom) raquoraquo raquo MinutesNotesPACTracking Log

raquo raquo Liaison Reports Library WIMPEG

raquo MinutesNotesPACTracking Log and Museum Commission

+ Urban Renewal Agency if needed + Urban Renewal Agency if neededJUNE 9 2020 - 630 PM JUNE 23 2020 - 630 PM

Agenda items due 1000 am 060420 Agenda items due 1000 am 061820

raquo raquo Budget Adoption

raquo raquoraquo raquoraquo raquoraquo raquoraquo raquo MinutesNotesPACTracking Log

raquo raquo Liaison Reports Traffic Safety Historic Preservation

raquo MinutesNotesPACTracking Log and Independence Days

+ Urban Renewal Agency if needed + Urban Renewal Agency if neededFuture Items City Council LiaisonsIndpMonm IGA re MINET (City Mgr) Historic Preservation Commission Councilor Takacs2019 Transportation financing discussion (unf bsn) Hop amp Heritage Block Party Councilor CorrDuplex ADU worksession HPC worksession Independence Days Commission Councilor CorrJan 2021 - 9th St Sewer projects bid award (kie) Library Board Councilor MortonOverlay project award (Winter 2020) (Kie) MINET Councilor HicksF St Construction Award Museum Advisory Board Councilor MortonHoffmanGun club intersection project (wk ssn) (Kie) Parks amp Rec Committee Councilor Martin-WillisPublic Hearing LA-04-2018 (HPC code update) (Fred) Planning Commission Councilor Martin-WillisOnstreet parking regulations (BobTom) Traffic Safety Commission Councilor TakacsSidewalk program (KieShawnTom) WIMPEG Councilor Ranstrom-Smith(IMC) update Building Codes provisions

Budget MeetingsMar 25 Budget Committee Orientation (rescheduling TBA)May 6th Budget CommitteeMay 13th Budget CommitteeMay 20th Budget Committee (if needed)June 23rd Council - Budget Adoption

Page 81 of 81

  • Agenda
  • 31 March 24 2020
  • 61 Council Action Memo
  • 61 Cherriots Presentation
  • 71 Council Action Memo
  • 71 Tap Station OLCC application
  • 72 Council Action Memo
  • 72 AXON Proposal
  • 73 Council Action Memo
  • 73 Resolution 20-1526
  • 74 Council Action Memo
  • 74 Interim IGA
  • 74 COG Scope of Work
  • 74 MWHA Governance Charter
  • 91 04-09-2020
Page 9: City of Independence

Page 7 of 7 City Council Minutes 03-24-2020

Martin-Willis moved to adjourn motion passed 5-0-0 AYES Corr Martin-Willis Morton Ranstrom-Smith Takacs NAYS None ABSTENTIONS None

Meeting adjourned 719 pm

__________________________________MAYOR JOHN McARDLE

ATTEST

____________________________________Karin Johnson MMC City Recorder

Page 9 of 81

Page 10 of 81

555 South Main Street Post Office Box 7 Independence OR 97351

Phone 503838-1212 Fax 503606-3282 email kcottamciindependenceorus

[ ] Information Only [ X ] Action Requested

Statement of IssueStaff is requesting the authority to allow Cherriots Public Transportation services to install 12 new bus stops in Independence

BackgroundCherriots has made 2 previous presentations to council for new bus route and service one in June 2019 and one this year on February 25th Today is the final presentation and request for installation of 12 new bus stops

DiscussionThe city has committed to improving public transportation with several partners Cherriots Public Transportation is an important link to our neighboring cites in Polk County This new service will enter neighborhoods frequently to provide transportation alternatives We are asking council for permission to install yellow curb at these stops approximately 50rsquo is needed for the bus to safely load and unload riders That is the equivalent of 2 parking spaces per stop The stops were placed with taking the minimal amount of parking in mind Both the Public Works Dept and Police Dept inspected and approved every stop proposed We estimate that fewer than 16 parking spots will be needed city wide

Fiscal ImpactCherriots will install and paint the curbs yellow the city will then maintain the stops from the transportation dept funds I do not have an exact amount for maintaining the stops however impact will be minimal

Options1 Approval to allow Cherriots Public Transportation Services to install 12 new bus stops in Independence 2 Defer action requesting additional information3 Deny request

CITY OF INDEPENDENCEPUBLIC WORKS MEMORANDUM

TO Mayor and City Council FROM Kie CottamMEETING DATE 04092020

SUBJECT Cherriots Bus Route 45

Page 11 of 81

555 South Main Street Post Office Box 7 Independence OR 97351

Phone 503838-1212 Fax 503606-3282 email kcottamciindependenceorus

RecommendationSuggested MotionStaff recommends Option 1

Suggested Motion ldquoI move to authorize Cherriots Public Transportation Services to install 12 new bus stops in Independence at the locations as provided by Cherriots staffrdquo

AttachmentsA Cherriots Presentation

Memo prepared by Kie Cottam PW Director

Page 12 of 81

492020

1 1

Route 45 Bus Stop Parking RemovalsIndependence City Council Meetingndash April 14 2020By Ted Stonecliffe Transit Planner II

2

Introductionbull Public outreach completedbull Purpose of bus stop parking removal requestbull Responses to neighbor concernsbull Vehicle typebull Locations of bus stops proposedbull Next stepsbull Conclusionsbull Questions and answers

1

2

Page 13 of 81

492020

1 2

3

Public outreach completed

Public surveybull Conducted in-person outreach events and a six-week online

survey in Summer 2019City council appearances

bull June 2019 February 2020 April 2020

Property owners adjacent to new stopsbull Sent letters certified return receipt USPS mail to each

adjacent property ownerbull Door hangers placed on 160 doors in vicinity of on-street

parking removals and new bus stopsbull Website with all the details cherriotsorgNewRoute45

4

Purpose of bus stop parking removalsbull Buses must have direct access to the curb in order to

loadunload passengers safely especially in mobility devicesbull In order to comply with the Americans with Disabilities Act

(ADA)

Responses to concerns

bull Worked with neighbors on 4th Street to find a better southbound bus stop location

bull Eliminated northbound bus stop on 13th Street in response to neighbor complaint

bull Minimizing parking removals for E Street due to heavy on-street parking occupancy

3

4

Page 14 of 81

492020

1 3

5

Vehicle typebull 25-ft long 14 seats wheelchair lift-equippedbull Needs 50 feet of parking removed at each location

6

Route 45 bus stop locations in Independence (12 new 4 existing)

Monmouth Independence

5

6

Page 15 of 81

492020

1 4

7

Website examples of parking removals

E Street (between 10th and 11th ) Main Street Oak Street

8

Next Stepsbull Seek approval for stops and no-parking zones from three cities ndash

April amp May

bull Release bid package to potential contractors ndash June or July

bull Begin marketing new service at least 30 days in advance of launch

bull Install new stop poles amp signs ndash August

bull Launch new service September 2020

bull Continue marketing new service actively in September

7

8

Page 16 of 81

492020

1 5

9

Conclusionsbull Public outreach allowed public to weigh in on service

design and bus stop locationsbull Property owners have been notified of pending parking

removals by the citybull Removal of parking is necessary for the safety of the riding

public and to comply with the ADAbull Worked with community members and city public works

department to develop final planbull Request for parking removals for bus stops will come from

public works department (Kie Cottam)

10

Questions

9

10

Page 17 of 81

492020

1 6

11

11

Page 18 of 81

CITY OF INDEPENDENCE OREGONMEMORANDUM

TO Honorable Mayor and City Council

FROM Tom Pessemier City Manager

SUBJECT New Establishment Liquor License Applicant

DATE April 9 2020

Action Requested X Information Only

Statement of Issue

The Tap Station LLC DBA The Tap Station located at 87 N Main St has made an application with the Oregon Liquor Control Commission for Additional Privilege This license would allow the licensee to sell wine malt beverages and ciders for Off-Premises Consumption This application is submitted as a result of the recent restrictions put into place for licensed establishments regarding COVID-19 The additional license would allow The Tap Station to selldeliver their products to the consumer for off-premises consumption I have spoken to the OLCC regarding this and they are currently seeing a large increase in these applications and as a result are granting 90-day temporary authority at application with a requirement for follow-up reviewrecommendation by the local authority prior to final decisions or issuance

Background

In 1992 our City adopted resolution 881 which establishes criteria for screening liquor license applications The police department was assigned the task to do initial reviews of each liquor license application The police department then completes a staff report on those findings for the City Council review

Analysis

I have conducted a background investigation for The Tap Station as well as Christopher Ream and did not locate any issues I believe would hinder his operation of this business Christopher has owned and operated The Tap Station since he took over its ownership in the middle of 2019 with no issues or calls for service related to alcohol at the establishment

Fiscal Impact

Page 19 of 81

As of this date I do not know if the fees for this application have been paid

Options

1 Council may recommend approval for this establishment pending the payment of all city fees

2 Council may recommend denying the license for this establishment if reasonable grounds can be established

3 Council may impose an option of its own choosing

Recommended Motion

Option 1 I move to recommend approval of the above liquor license request pending payment of all fees

Attachments

Liquor license application for Additional Privilege

Memo Prepared by

Sergeant Justin Hedlund 46248

Page 20 of 81

reg Read ImportantOregon law requires that every applicant for a liquorlicense obtain a written recommendationfrom the governing body of the county if the place of business of the applicant is outside theincorporated city or from the city councilif the place of business of the applicant is within anincorporated city You must take the attached a lication forms to the a ro riategoverning body After the endorsement process is completed a representative from the city orcounty willcontact you to pick up the application You may deliver the application to the OLCCoffice or retain it until it is requested by the license investigator

Oregon Liquor Control Commission200 Hawthorne Avenue SE Suite Bmdash210Salem OR 97301

Questions Call (503) 378-4871

Page 21 of 81

OREGON LIQUORCONTROLCOMMISSION

LIQUORLICENSEAPPLICATION1 Application Do not includeany OLCCfees with your application packet (the licensefee willbe collected at a latertime) Application is being madefor

LicenseApplied For CITYAND COUNTYUSEONLYBrewery 1st LocationBrewery 2nd LocationBrewery 3rd Location

BrewerymdashPublicHouse 1st LocationBrewery-Public House Znd LocationBrewerymdashFublicHouse 3rd LocationDistillery

Date application received andordate stamp

Name of City or County

FullOn~Premises CommercialFullOnmdashPremisesCatererFull OnmdashPremisesPassenger Carrier

FullOn~Premises Other Public LocationFullOnmdashPremisesFor Profit Private Club

Recommends this license be

III Granted D Denied

FullOnmdashPremisesNonprofit Private Club By

Grower Sales Privilege 1st Location

E Grower Sales Privilege 2nd Location Datelsquo

Grower Sales Privilege 3rd Location OLCCUSEONLYLimited On~Premises

Dateapplictiop receivedOffmdashP lsquo

XI remises

Off-Premises with Fuel PumpsK

V lsquo

Warehouse

ByWholesale Malt Beverage amp Wine

Winery 1st Location LicenseAction(s)Winery Znd Location

Winery 3rd Location

Winery 4th Location He _ Winery 5th Location I IIraquo

2 ldentifythe app|icant(s) applyingforthe license(s) ENTITY(example corporation or LLC)or IND|VlDUAL(S)applyingfor the license(s)

__ raquomdash F7)lee leeSTPiTOs3LLC EmsectQEoCgcEm

(Applicant1) (Applicant2)w JUN

mt I

(Applicant3) (Applicant4) REU_w_lsquo _ -KJI

3 Trade Name ofthe Business (Name Customers Will See)

rdquozTrsigtsectT1rsquorIOlsquovlsquo)4 Business Address (Number and Street Address of the Location that will have the liquor license)

euro7 3 H-IMFraquo STCity ZipCelNraquoDeuroPtNDtNltE rsquoigtoLg 733i

County

OLCCLiquor License Application (Rev 1110)

Page 22 of 81

TtEliigtsectTlTOM5 Trade Name of the Business (Name Customers WillSee)

6 Does the business address currently have an OLCCliquor license E YESlNo7 Does the business address currently have an OLCCmarijuana license EYESXJNO

VDTEOK318 MailingAddressPOBox Number Street Rural Route (where the OLCCwillsend your mail)

City

sectPxE

State

GELZip Code

973019 Phone Number of the Business Location

Btu3amp3 I 17w10 EmailContact for this Application

xxoLtCoIVi11 Contact Person for this Application

Otilsect ilElsquotM

VierctP one Number

OmrsquoSlWtCW3rsquoContact Persons Mailing Address (if different)

701eatevtao we seCity

Sltuim

State Zip Code

OR 0tlsquoIsect07__

Please note that liquor license applications are public records A copy of the application will be posted on the OLCC

website for a period of several weeks

I understand that marijuana (such as use consumption ingestion inhalation samples give-away sale etc) isprohibited on

the licensedpremises

I attest that allanswers on all forms documents and information provided to the OLCCare true and complete

Applicant Signatu rels)

- Each individual person listed as an applicant must sign the application

0 if an applicant is an entity such as a corporation or LLCat least one person who is authorized to sign for the entity

must sign theapplication- A person with the authority to sign on behalf of the applicant (such as the applicants attorney or a person with

power of attorney) may sign the application Ifa person other than an applicant signs the application please

wideroo fsignatureauthority

(A (Applicant2)

(App|icant3) (App|icant4)

otcc Liquor License Application (Rev 11201

Page 23 of 81

OREGON LIQUOR CONTROL COMMISSION

BUSINESS INFORMATION

Please Print or Type

Applicant Name ItET9 StPtT1gtsectgt Phone euroL FZFIVITrade Name (dba) THETAP 3 Tioixs

Business Location Address

City BEPEHDEMCF ZIP Code Ci73sectl

DAYSAND HOURS OF OPERATION

Business Hours Outdoor Area HoursSunday 7mdash- to E2314 Sunday

toMondairsquo __i T0_m MondayTU95daY A I0 E TuesdayWednesday i to WednesdayThursday 3 to

EIFriday __L to __jSaturday IS to I

The outdoor area is used for

KlsquoFood service

Aicohol service

Hours

to

area is adequately viewed andorused by Service Pennittees

(investigators Initials)

Seasonal Variations l31YesEl No if yes explain USEH-qkxig LQ1+JTiZHOOKZRuse Co-mgt-q HRS QceemdashClsquonpoundboeuroeuroeuroJiigtmecent HDUKB

ENTERTAINMENT Check anthat app|y DAYS amp HOURS OF LIVE OR DJ MUSIC

MLive Music E Karaoke

tE Recorded Music D CommdashoperatedGames sectrj3 tgDJ Music B Video Lottery Machines Tuesday to

Wednesday toD Dancing WSocial Gaming Thursday SIDSFriday g to D Nude Entertainers D Pool Tables Saturday 3 to I

D Other

SEATINGCOUNT

Restaurant Outdoor grCraquo OLCC USE ONLY

lsquobk Investigator Veried Seating__(Y) __(N)

Lounge _pound_ Other (explain)mvasgamllnmms

I

lsquo

Banquet Total Seating Date

I understand if my answei7euro)ote a complete the OLCC may deny my license application

Applicant SignatureU

-lsquo Date 3 Z3 lsquoT Z0101-800-452-OLCC (6522)

wwworegongovolcc yrsldquo 1207)Page 24 of 81

555 South Main Street Post Office Box 7 Independence OR 97351

Phone 503838-1212 Fax 503606-3282 email tpessemierciindependenceorus

TO Mayor and City Council FROM City Manager Tom Pessemier MEETING DATE April 14 2020 SUBJECT Approval of 5-year sales contract for

AXON services [ ] Information Only [ X ] Action Requested Statement of Issue A 5-year sales contract with AXON for body-worn cameras Tasers and digital cloud-based storage with software interface is submitted for council consideration Background In 2014 the City of Independence started using body worn cameras in the police department We started by testing different platforms selecting AXON as our preferred provider then negotiated a 5-year contract which was partially grant funded Our current contract expires this month and we have negotiated a new contract for Council consideration Discussion Included in the contract being considered today AXON provides body cameras and Tasers for our officers and CSOrsquos training and training aids and Taser devices for our patrol staff to wear while on patrol These devices are covered under a warranty for the life of the contract as well as a provision for camera replacement around the half-way point of the contract to the newest technology available Certification training for our instructor to be certified to train our staff and other training materials are also included The sales contract also includes software and cloud storage of video The AXON platform which we currently use allows us the ability to transfer video directly to the DArsquos office or others electronically rather than having to build DVDrsquos of video which has saved our records department a lot of time It also provides the ability for citizens to upload video directly to our AXON cloud as well as video redaction capabilities which allows us to comply with Oregon law

CITY OF INDEPENDENCE MEMORANDUM

Page 25 of 81

555 South Main Street Post Office Box 7 Independence OR 97351

Phone 503838-1212 Fax 503606-3282 email tpessemierciindependenceorus

Fiscal Impact The total 5-year contract cost is $131786 broken into annual payments of $26357 Funds are available for this fiscal year in the police department operating budget Funds would be included in the police department budget request for contract years 2-5 Options

1 Approve the contract as proposed 2 Approve the contract with amendments 3 Take no action

RecommendationSuggested Motion Staff recommends Option 1

ldquoI move to authorize the City Manager to sign a service contract for body worn cameras tasers and cloud storage with AXONrdquo Attachments

A Proposed AXON contract

Memo prepared by Robert Mason Police Chief

Page 26 of 81

Payment Terms Net 30

Delivery Method Fedex - Ground

Q-251225-43927723KP

Year 1

Item DescriptionTerm

(Months)Quantity

List Unit

Price Net Unit Price Total (USD)

Axon Plans amp Packages

20248 TASER 7 EVIDENCECOM ACCESS LICENSE 60 1 000 000 000

73687 EVIDENCECOM VIEWER LICENSE 60 1 000 000 000

73746 PROFESSIONAL EVIDENCECOM LICENSE 60 11 000 000 000

73686EVIDENCECOM UNLIMITED AXON DEVICE

STORAGE60 11 000 000 000

73683 10 GB EVIDENCECOM A-LA-CART STORAGE 60 110 000 000 000

73449 AWARE LICENSE 60 11 000 000 000

20248 TASER 7 EVIDENCECOM ACCESS LICENSE 60 11 000 000 000

20246TASER 7 DUTY CARTRIDGE REPLACEMENT

ACCESS LICENSE60 11 000 000 000

73683 10 GB EVIDENCECOM A-LA-CART STORAGE 60 10 000 000 000

73840 EVIDENCECOM BASIC ACCESS LICENSE 60 10 000 000 000

Hardware

20160TASER 7 HOLSTER - SAFARILAND RH+CART

CARRIER11 000 000 000

75015 SIGNAL SIDEARM KIT 11 000 000 000

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

Issued 04062020

Quote Expiration 05152020

Account Number 110011 Axon Enterprise Inc17800 N 85th St

Scottsdale Arizona 85255

United States

Phone (800) 978-2737

Protect Life

PRIMARY CONTACT

Justin Hedlund

Phone (503) 837-1109

Email hedlundjustinciindependenceorus

BILL TO

Independence Police Dept - OR

P O Box 7

Independence OR 97351

US

SHIP TO

Justin Hedlund

Independence Police Dept - OR

555 S Main Street

Independence OR 97351

US

SALES REPRESENTATIVE

Kyle Panasewicz

Phone (480) 905-2071

Email kylepaxoncom

Fax (480) 658-0673

Q-251225-43927723KP

1

Page 27 of 81

Year 1 (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware (Continued)

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

20014TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE STANDOFF (322 000 000 000

20015TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE CLOSE QUART22 000 000 000

20008TASER 7 HANDLE HIGH VISIBILITY (GREEN

LASER) CLASS 3R11 000 000 000

20040 TASER 7 HANDLE WARRANTY 4-YEAR 11 000 000 000

20018 TASER 7 BATTERY PACK TACTICAL 13 000 000 000

20041TASER 7 BATTERY PACK WARRANTY 4-

YEAR13 000 000 000

20042TASER 7 DOCK amp CORE WARRANTY 4-

YEAR1 000 000 000

70033WALL MOUNT BRACKET ASSY

EVIDENCECOM DOCK1 000 000 000

74200 TASER 7 6-BAY DOCK AND CORE 1 000 000 000

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)33 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)33 000 000 000

20016TASER 7 INERT CARTRIDGE STANDOFF

(35-DEGREE)1 000 000 000

20017TASER 7 INERT CARTRIDGE CLOSE

QUARTERS (12-DEGREE)1 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

73202 AXON BODY 3 - NA10 5 69900 63260 316300

74028 WING CLIP MOUNT AXON RAPIDLOCK 5 000 000 000

11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 5 000 000 000

Other

73810 OFFICER SAFETY PLAN 7 60 11 000 000 000

Not Eligible

TASER 7

INSTRUCTO

R COURSE

VOUCHER

Not Eligible TASER 7 INSTRUCTOR COURSE

VOUCHER1 000 000 000

Protect LifeQ-251225-43927723KP

2

Page 28 of 81

Year 1 (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Other (Continued)

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 132442 1456862

Not Eligible

TASER 7

MASTER

INSTRUCTO

R SCHOOL

VOUC

Not Eligible TASER 7 MASTER INSTRUCTOR

SCHOOL VOUCHER1 000 000 000

Not Eligible

Target and

Frame

Not Eligible Target and Frame 11 000 000 000

Not Eligible

Halt SuitNot Eligible Halt Suit 1 000 000 000

20135OCULUS GO STANDALONE VIRTUAL

REALITY HEADSET1 000 000 000

20247TASER 7 ONLINE TRAINING CONTENT

ACCESS LICENSE60 11 000 000 000

20249VR EMPATHY DEVELOPMENT AUTISM

SCHIZOPHRENIA ACCESS LICENSE60 11 000 000 000

73827 AB3 CAMERA TAP WARRANTY 60 5 000 000 000

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2118510

Estimated

Shipping000

Estimated Tax 000

Total 2118510

Year 1 - TAP Refresh

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

74210 AXON BODY 3 - 8 BAY DOCK 2 000 000 000

73202 AXON BODY 3 - NA10 11 000 000 000

74028 WING CLIP MOUNT AXON RAPIDLOCK 16 000 000 000

11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 11 000 000 000

73202 AXON BODY 3 - NA10 1 69900 000 000

74028 WING CLIP MOUNT AXON RAPIDLOCK 1 000 000 000

11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 1 000 000 000

Protect LifeQ-251225-43927723KP

3

Page 29 of 81

Year 1 - TAP Refresh (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Other

73828 AB3 8 BAY DOCK TAP WARRANTY 60 2 000 000 000

73827 AB3 CAMERA TAP WARRANTY 60 11 000 000 000

71019NORTH AMER POWER CORD FOR AB3 8-

BAY AB2 1-BAY 6-BAY DOCK2 000 000 000

73827 AB3 CAMERA TAP WARRANTY 60 1 000 000 000

Subtotal 000

Estimated Tax 000

Total 000

Year 1 - T7 Certification

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Axon Plans amp Packages

20248 TASER 7 EVIDENCECOM ACCESS LICENSE 60 6 000 000 000

20246TASER 7 DUTY CARTRIDGE REPLACEMENT

ACCESS LICENSE60 6 000 000 000

Hardware

20160TASER 7 HOLSTER - SAFARILAND

RH+CART CARRIER6 000 000 000

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

20014TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE STANDOFF (312 000 000 000

20015TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE CLOSE QUART12 000 000 000

20008TASER 7 HANDLE HIGH VISIBILITY (GREEN

LASER) CLASS 3R6 000 000 000

20040 TASER 7 HANDLE WARRANTY 4-YEAR 6 000 000 000

20018 TASER 7 BATTERY PACK TACTICAL 6 000 000 000

20041TASER 7 BATTERY PACK WARRANTY 4-

YEAR6 000 000 000

20016TASER 7 INERT CARTRIDGE STANDOFF

(35-DEGREE)1 000 000 000

20017TASER 7 INERT CARTRIDGE CLOSE

QUARTERS (12-DEGREE)1 000 000 000

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)18 000 000 000

Protect LifeQ-251225-43927723KP

4

Page 30 of 81

Year 1 - T7 Certification (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware (Continued)

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)18 000 000 000

20050 HOOK-AND-LOOP TRAINING (HALT) SUIT 1 75000 67875 67875

Other

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

Not Eligible

TASER 7

INSTRUCTO

R COURSE

VOUCHER

Not Eligible TASER 7 INSTRUCTOR COURSE

VOUCHER1 000 000 000

Not Eligible

Taser 7

Evidenceco

m Admin

License

Not Eligible Taser 7 Evidencecom Admin

License1 000 000 000

Not Eligible

TASER 7

MASTER

INSTRUCTO

R SCHOOL

VOUC

Not Eligible TASER 7 MASTER INSTRUCTOR

SCHOOL VOUCHER1 000 000 000

Not Eligible

Target and

Frame

Not Eligible Target and Frame 6 000 000 000

Not Eligible

Halt SuitNot Eligible Halt Suit 1 000 000 000

Not Eligible

for VR

Headset

Not Eligible for VR Headset 1 000 000 000

20247TASER 7 ONLINE TRAINING CONTENT

ACCESS LICENSE60 6 000 000 000

20249VR EMPATHY DEVELOPMENT AUTISM

SCHIZOPHRENIA ACCESS LICENSE60 6 000 000 000

80087TASER 7 TARGET CONDUCTIVE

PROFESSIONAL (RUGGEDIZED)1 15000 13575 13575

Protect LifeQ-251225-43927723KP

5

Page 31 of 81

Year 1 - T7 Certification (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Other (Continued)

20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 49500 44798 44798

Subtotal 517208

Estimated Tax 000

Total 517208

Year 1 - Trade In

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Other

20104 TASER 7 TRADE-IN UPFRONT PURCHASE 17 000 000 000

Subtotal 000

Estimated Tax 000

Total 000

Year 2

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

Other

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 172674 1899414

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2635722

Estimated Tax 000

Total 2635722

Protect LifeQ-251225-43927723KP

6

Page 32 of 81

Year 3

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

20014TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE STANDOFF (322 000 000 000

20015TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE CLOSE QUART22 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

20014TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE STANDOFF (312 000 000 000

20015TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE CLOSE QUART12 000 000 000

Other

73309 AXON BODY CAMERA REFRESH ONE 11 000 000 000

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 172674 1899414

73689 MULTI-BAY BWC DOCK MID REFRESH 2 000 000 000

73309 AXON BODY CAMERA REFRESH ONE 1 000 000 000

73309 AXON BODY CAMERA REFRESH ONE 5 000 000 000

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2635722

Estimated Tax 000

Total 2635722

Protect LifeQ-251225-43927723KP

7

Page 33 of 81

Year 4

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

Other

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 172674 1899414

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2635722

Estimated Tax 000

Total 2635722

Year 5

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

Protect LifeQ-251225-43927723KP

8

Page 34 of 81

Year 5 (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware (Continued)

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

Other

73310 AXON BODY CAMERA REFRESH TWO 11 000 000 000

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 172674 1899414

73688 MULTI-BAY BWC DOCK FINAL REFRESH 2 000 000 000

73310 AXON BODY CAMERA REFRESH TWO 1 000 000 000

73310 AXON BODY CAMERA REFRESH TWO 5 000 000 000

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2635722

Estimated Tax 000

Total 2635722

Grand Total 13178606

Protect LifeQ-251225-43927723KP

9

Page 35 of 81

Summary of Payments

Payment Amount (USD)

Year 1 2118510

Year 1 - TAP Refresh 000

Year 1 - T7 Certification 517208

Year 1 - Trade In 000

Year 2 2635722

Year 3 2635722

Year 4 2635722

Year 5 2635722

Grand Total 13178606

Discounts (USD)Quote Expiration 05152020

List Amount 15120900

Discounts 1942294

Total 13178606

Total excludes applicable taxes

Protect LifeQ-251225-43927723KP

10

Page 36 of 81

Notes

The parties agree that Axon is granting a credit of $306000 (applied to Year 1 Payment) for trade-in of CEW hardware This credit is based on a ship date range of 512020-

5152020 resulting in a 612020 contract start date Any change in this ship date and resulting contract start date will result in modification of this credit value which may

result in additional fees due to or from Axon

Axon BWC hardware contained in this quote is at zero cost as a TAP refresh of contracts 00004618 and 00010394 The parties agree that all TAP obligations of contracts

00004618 and 00010394 have been fulfilled

Purchase of TASER 7 are governed by the TASER 7 Agreement located at httpswwwaxoncomlegalsales-terms-and-conditions and not the Master Services and

Purchasing Agreement referenced below

Tax is subject to change at order processing with valid exemption

Axonrsquos Sales Terms and Conditions

This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axonrsquos Master Services and Purchasing Agreement

(posted at wwwaxoncomlegalsales-terms-and-conditions) as well as the attached Statement of Work (SOW) for Axon Fleet andor Axon Interview

Room purchase if applicable Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions By

signing below you represent that you are lawfully able to enter into contracts If you are signing on behalf of an entity (including but not limited to the

company municipality or government agency for whom you work) you represent to Axon that you have legal authority to bind that entity If you do not

have this authority please do not sign this Quote

Signature CustSIG Date CustDate

Name (Print) CustName Title CustTitle

PO (Or write

NA) CustPo

Please sign and email to Kyle Panasewicz at kylepaxoncom or fax to (480) 658-0673

Thank you for being a valued Axon customer For your convenience on your next order please check out our online store buyaxoncom

The trademarks referenced above are the property of their respective owners

Protect LifeQ-251225-43927723KP

11

Axon Internal Use Only

Review 1 Review 2

SFDC Contract

Order Type

RMA

Address Used

SO

Comments

Page 37 of 81

Page 38 of 81

555 South Main Street Post Office Box 7 Independence OR 97351Phone 503838-1212 Fax 503606-3282 email kjohnsonciindependenceorus

TO Mayor and City CouncilFROM Shawn Irvine Economic Dev Dir

MEETING DATE April 14 2020SUBJECT Resolution Rural Business

Development Grant Application

[ ] Information Only [ X ] Action Requested

Statement of Issue Staff is requesting Council approve a resolution supporting a grant application to fund the development of a shared-use commercial kitchen facility downtown

BackgroundFor several years the City has worked with local and regional partners to support entrepreneurship and the growth of small businesses These classes and programs have supported a number of successful businesses including several located downtown The past two years the City has partnered with IndyCommons ndash the downtown co-working space ndash to run a series of meetups and classes intended to identify potential business clusters within the communityrsquos entrepreneurs Food-based businesses were the top cluster identified

The mid-Willamette Valley is the largest and most diverse agricultural production region in the state with over 170 different crops being grown It also has a concentration of large and small value-added food products companies that leverage the diverse agricultural products for their businesses The USDArsquos Rural Business Development Grant program supports proposals that offer assistance and training for small businesses in rural communities

DiscussionOver the last decade development of a shared-use commercial kitchen has come up several times in the Cityrsquos regional economic development work These facilities allow licensed users to rent the space on an hourly basis for trying new recipes developing new products and small-scale production The ability to rent a licensed facility enables entrepreneurs to test their ideas and products prior to making the significant investment into building their own commercial kitchen While there has been strong and consistent interest in such a facility from entrepreneurs it is a complex enough project that nobody was willing to be the organizer and operator

IndyCommons opened four years ago successfully bringing the shared space co-working model to downtown Independence Last year the company spun off a new non-profit IndyIdeaHub to support entrepreneurship programming and development in the community and region With the success of the co-working space and the new non-profit IndyCommons is ready to tackle a shared-use commercial kitchen They have leased the neighboring space in their building and plan to operate a shared kitchen and event space with ldquomicro retailrdquo in the storefront Micro retail rents shelf space to entrepreneurs instead of an entire store reducing the startup cost for a new product company and enabling them to test the market for new products without the cost of renting an entire store The kitchen event space and micro retail

CITY OF INDEPENDENCEMEMORANDUM

Page 39 of 81

555 South Main Street Post Office Box 7 Independence OR 97351Phone 503838-1212 Fax 503606-3282 email kjohnsonciindependenceorus

space would work in concert creating a kind of food incubator while also drawing people downtown for pop up dinners and other events

IndyCommons is leasing the space and the Cityrsquos grant application would support the non-profitrsquos work to outfit and operate the kitchen while offering business development programs The grant will request approximately $90000 matched with funds from IndyCommons and a $60000 Rural Opportunity Initiative grant the City received through Business Oregon which supports programming for food-based entrepreneurship

While the City is requesting the grant and supporting development of this kitchen facility its users will not be limited just to Independence residents As with IndyCommons anyone willing to travel to the facility and pay the rental fee will be able to use it Programs and classes will also be open to anyone from the region

Fiscal Impact Staff time will be spent writing the grant and if awarded coordinating the project No City funds will be used as match for this project

Options1 Approve the resolution as submitted2 Approve the resolution with amendments3 Take no action

RecommendationSuggested MotionStaff recommends Option 1

Suggested motion ldquoI move to approve Resolution 20-1526 Authorizing the City to Apply for a Rural Business Development Grantrdquo

AttachmentsA Resolution 20-1526

Page 40 of 81

Page 1 of 2 Resolution 20-1526 Authorizes USDA Grant Application

BEFORE THE CITY COUNCIL OF THE CITY OF INDEPENDENCE

COUNTY OF POLK STATE OF OREGON

IN THE MATTER OF AUTHORIZING THE CITY ]OF INDEPENDENCE TO APPLY FOR A RURAL ]BUSINESS DEVELOPMENT GRANT FROM THE ]UNITED STATES DEPARTMENT OF AGRICULTURE ]FOR DEVELOPMENT OF A SHARED-USE ]COMMERCIAL KITCHEN FACILITY AND ]DELEGATING AUTHORITY TO THE CITY ]MANAGER TO SIGN THE APPLICATION ]

RESOLUTION 20-1526

A RESOLUTION AUTHORIZING APPLICATION FOR USDA GRANT

WHEREAS the USDA is accepting applications for its Rural Business Development Program and

WHEREAS the City of Independence has the capacity to administer the grant and desires to participate in this grant program to the greatest extent possible as a means of providing needed business development and entrepreneurship programming and

WHEREAS Staff have identified development of food-based businesses as a successful regional business cluster which could be expanded within the City of Independence and

WHEREAS local and regional economic development plans have identified a shared-use commercial kitchen as an important asset to reduce barriers to entry for food-based startup businesses and

WHEREAS the City of Independence has an existing partnership with IndyCommons to support entrepreneurship and business development within the community and

WHEREAS the City of Independence has available matching funds from the State of Oregonrsquos Rural Opportunity Initiative which will fund food-based business programming and services at the new kitchen facility and

Page 41 of 81

Page 2 of 2 Resolution 20-1526 Authorizes USDA Grant Application

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF INDEPENDENCE AS FOLLOWS

Section 1 The City Council demonstrates its support for the submittal of a grant application to the United States Department of Agriculture for development of a shared-use commercial kitchen and delegates authority to sign grant documents to City Manager Tom Pessemier

Section 2 This Resolution shall be effective following its adoption by the City Council

Passed by the City Council this 14th of April 2020

Effective Date April 14 2020Signed by the Mayor April 14 2020

__________________________John McArdle Mayor

ATTEST

_______________________Karin Johnson MMCCity Recorder

Page 42 of 81

555 South Main Street Post Office Box 7 Independence OR 97351Phone 503838-1212 Fax 503606-3282 email tpessemierciindependenceorus

TO Mayor and City CouncilFROM City Manager Tom Pessemier

MEETING DATE April 14 2020SUBJECT Approval of IGA Mid-Willamette Valley

Homeless Alliance Continuum of Care

[ ] Information Only [ X ] Action Requested

Statement of IssueAn Inter-Governmental Agreement concerning the Mid-Willamette Valley Homeless Alliance is submitted for council consideration

BackgroundIn 2019 the City of Independence along with the cities of Monmouth Keizer Salem the Salem-Keizer School District Polk and Marion counties and the Confederated Tribes of Grand Ronde and with the Mid-Willamette Valley Council of Governments (COG) formally organized the Mid-Willamette Valley Homeless Alliance (MWVHA) which serves as our regionrsquos Continuum of Care (CoC) The CoC is committed to the goal of preventing and ending homelessness within Polk and Marion counties The CoC was recognized by the US Housing and Urban Development Department (HUD) on 12-11-19 and to that end a formal Governance Charter was approved by the MWVHA Board of Directors on 2-13-20

The MWVHA Board of Directors is a collaboration of the members and the COG has provided administrative support for the member governments The MWVHA is not a legal entity and HUD regulations require a legal entity to serve as the Collaborative Applicant for a Continuum of Care therefore an ORS 190 entity (Inter-Governmental Agreement or IGA) is proposed to be formed to allow the member governments to contract with the COG to provide services and for the COG to be reimbursed

DiscussionTime is of the essence this IGA establishes the terms and conditions under which the member governments will coordinate to support the MWVHA through contracting with the COG to serve as the Collaborative Applicant This IGA is a short-term solution until a new entity is designated and would expire on August 13 2020

Fiscal ImpactNo additional fiscal impact Funds have been reservedbudgeted for this project

Options1 Approve the IGA as proposed2 Approve the IGA with amendments3 Take no action

RecommendationSuggested Motion

CITY OF INDEPENDENCEMEMORANDUM

Page 43 of 81

555 South Main Street Post Office Box 7 Independence OR 97351Phone 503838-1212 Fax 503606-3282 email tpessemierciindependenceorus

Staff recommends Option 1

ldquoI move to approve the cityrsquos participation in the ORS 190 concerning the Mid-Willamette Valley Homeless Alliance and to authorize the City Manager to sign the related documentsrdquo

AttachmentsA Interim IGAB COG Scope of WorkC MWHA Governance Charter

Memo prepared by Karin Johnson City Recorder

Page 44 of 81

1 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

1 PARTIES TO AGREEMENT

This Agreement by and between the Confederated Tribes of the Grand Ronde (ldquoGrand Ronderdquo) Marion County (ldquoMarionrdquo) Polk County (ldquoPolkrdquo) and the Cities of Independence (ldquoIndependencerdquo) Keizer (ldquoKeizerrdquo) Monmouth (ldquoMonmouthrdquo) Salem (ldquoSalemrdquo) the Salem-Keizer School District (ldquoSalem-Keizerrdquo) collectively the ldquoMember Governmentsrdquo and the Mid-Willamette Valley Council of Governments (ldquoCOGrdquo) is made pursuant to ORS 190010

2 AUTHORITY This Agreement is established under the authority of Oregon Revised Statutes (ORS) Chapter 190

3 BACKGROUNDa The Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo) was formed on

September 24 2019 and recognized by the US Housing and Urban Development Department (ldquoHUDrdquo) on December 11 2019 for the Polk County and Marion County region to carry out the purposes of the HUD Continuum of Care program described in 24 CFR Part 578

b The Alliance Charter was approved by the Alliance Board of Directors on February 13 2020 (Attachment 1)

c The Alliance is a collaboration of the Member Governments non-profit service organizations and community members and is not a legal entity

d The Member Governments have made financial contributions for the 2019-2020 Fiscal Year which are being managed by COG

e The Member Governments have agreed to make financial contributions to support the Alliance for the 2020-2021 Fiscal Year subject to budgetary approval as approved by the Alliance Board of Directors (Attachment 2)

f HUD regulations require a legal entity to serve as the Collaborative Applicant for a Continuum of Care such as the Alliance

g The COG has been providing administrative support and other resources for the Alliance including contract management for independent contractors engaged by COG at the request of the Alliance During this time the Member Governments have directly paid their contribution amounts to COG to manage those funds for the Alliance

h The COG has agreed on an interim basis to continue to provide administrative support and other resources in addition to serving as the Collaborative Applicant for

Page 45 of 81

2 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

the Alliance until an ORS 190 entity has been formed and designated by the Alliance Board of Directors to serve as the Collaborative Applicant

i The Alliance Board of Directors approved the execution of this Agreement for a term to expire on August 13 2020 to allow the Member Governments to contract with the COG to provide Collaborative Applicant services and reimburse COG for services

4 PURPOSE

The purpose of this Agreement is to establish the terms and conditions under which the Member Governments will coordinate to support the Alliance through contracting with COG to serve as the Collaborative Applicant for the Alliance pursuant to 24 CFR Part 578 The parties understand and agree that this Agreement serves as an interim solution to allow COG to serve as the Collaborative Applicant and be reimbursed for its costs until a new entity is designated

5 TERM AND TERMINATION

51 This Agreement shall be effective from the date upon which the last signature is affixed hereto and shall expire on August 13 2020 unless otherwise earlier terminated or extended

52 This Agreement may be terminated by mutual consent of all parties hereto Any such termination of this Agreement shall be without prejudice to any obligations or liabilities of any party already accrued prior to such termination

6 FUNDING AND BILLING

61 The Member Governmentsrsquo fiscal year 2020-2021 contributions as set forth in Attachment 2 shall be made to COG subject to the individual Member Governmentrsquos budgetary approval Nothing in this Agreement binds any Government Member to any specific financial contribution after the 2020-2021 fiscal year

62 COG shall be reimbursed for its expenses already incurred in support of the Alliance from January 1 2020 to the effective date of this Agreement COGrsquos expenses prior to July 1 2020 shall be reimbursed from the Member Governmentsrsquo Fiscal Year 2019-2020 contributions and COGrsquos expenses for the period of July 1 2020 to the termination of this Agreement shall be from the Member Governmentsrsquo Fiscal Year 2020-2021 contributions COG shall submit an invoice to the Alliance Board for its approval for COGrsquos Fiscal Year 2019-2020 expenses no later than August 30 2020 and shall submit an invoice to the Alliance Board for its approval for COGrsquos Fiscal Year 2020-2021 expenses no later than September 30 2020

63 COGrsquos expenses under this Agreement shall not exceed the total amount of funds contributed by the Member Governments and any contributions from other members of the Alliance donations or grants provided to COG for the benefit of the Alliance subject to the rates for specific services as set forth in the Scope of Work As set forth in the Scope of

Page 46 of 81

3 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

Work COG shall provide timely financial reports to the Alliance and shall ensure that expenses do no exceed available resources approved by the Member Governments through the Alliance Board

7 OBLIGATIONS UNDER THE TERMS OF THIS AGREEMENT

71 MEMBER GOVERNMENTS agree to

a Make timely payment to COGb Maintain good standing as a member of the Alliancec Collaborate in good faith with other Member Governments to create a new ORS 190

entity to serve as the Collaborative Applicant for the Alliance

72 COG agrees to

Serve as the Collaborative Applicant for the Alliance and perform other duties as established in the Scope of Work (Attachment 3)

8 DESIGNATION OF SUCCESSOR COLLABORATIVE APPLICANT

The Member Governments understand and agree that the Alliance is required to have a Collaborative Applicant as that term is defined in 24 CFR Part 57815 which must be a legal entity The Alliance Board has indicated a desire that the Member Governments form an intergovernmental entity to serve that purpose Time is of the essence to designate a successor Collaborative Applicant and the Member Governments agree to work cooperatively and in a timely manner to agree on the new Collaborative Applicant The Member Governments also agree they will create a new intergovernmental entity to serve in that role

9 COMPLIANCE WITH APPLICABLE LAWS

The parties agree that both shall comply with all applicable federal state and local laws and ordinances applicable to the parties and the work to be done under this Agreement The parties agree that this Agreement shall be administered and construed under the laws of the state of Oregon Nothing in this Agreement shall be considered a waiver of tribal sovereign immunity

10 NONDISCRIMINATION

The parties agree to comply with all applicable requirements of federal state and local civil rights statutes rules and regulations in the performance of this Agreement

11 HOLD HARMLESSThe parties agree to indemnify and hold harmless each other for from and against all claims costs expenses (including attorney fees) losses damages fines charges actions or other liabilities solely to the extent arising from their own intentional or negligent acts or those of their agents contractors or employees and to the extent applicable the above indemnification is

Page 47 of 81

4 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

subject to and shall not exceed the limits of the Oregon Tort Claims Act (ORS 30260 through 30300) and the Oregon Constitution The parties intend to provide reciprocal indemnity obligations The parties acknowledge that the Oregon Tort Claims Act does not limit the liability of Grand Ronde in the same manner as the other parties Accordingly the parties agree Grand Rondersquos indemnity shall not exceed the indemnification limits of any other party

12 INSURANCE

Each party shall insure or self-insure and be independently responsible for the risk of its own liability for claims within the scope of the Oregon tort claims act (ORS 30260 to 30300) The parties intend to provide reciprocal liability insurance obligations The parties acknowledge that the Oregon Tort Claims Act does not apply to Grand Ronde in the same manner as other parties Accordingly the parties agree that Grand Ronde shall self-insure in an amount consistent with the liability for claims of any other party

13 MERGER CLAUSEParties concur and agree that this Agreement constitutes the entire agreement between the parties No waiver consent modification or change to the terms of this agreement shall bind either party unless in writing and signed by both parties There are no understandings agreements or representations oral or written not specified herein regarding this agreement Parties by the signatures below of their authorized representatives hereby agree to be bound by its term and conditions

Page 48 of 81

5 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

THE CONFEDERATED TRIBES OF THE GRAND RONDE COMMUNITY OF OREGON

__________________________________ ________________________ Cheryle A Kennedy DateTribal Council Chairwoman

Page 49 of 81

6 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

CITY OF INDEPENDENCE

__________________________________ _____________________Tom Pessemier DateCity Manager

Page 50 of 81

7 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

CITY OF KEIZER

__________________________________ ________________________Christopher Eppley DateCity Manager

Approved as to form

________________________________________Keizer City Attorney

Page 51 of 81

8 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

CITY OF MONMOUTH

__________________________________ _____________________Chad Olsen DateInterim City Manager

Page 52 of 81

9 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

MARION COUNTY BOARD OF COMMISSIONERS

__________________________________Chair

__________________________________Commissioner

__________________________________Commissioner

Date _____________________

Page 53 of 81

10 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

POLK COUNTY BOARD OF COMMISSIONERS

__________________________________Commissioner

__________________________________Commissioner

__________________________________Commissioner

Date _____________________

Page 54 of 81

11 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

SALEM-KEIZER PUBLIC SCHOOLS

_____________________________________ _____________________Marty Heyen Chairperson Board of Directors DateSalem-Keizer Public Schools

Page 55 of 81

12 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

CITY OF SALEM

__________________________________ _____________________Steve Powers DateCity Manager

Page 56 of 81

13 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

__________________________________ _______________________Renata Wakeley DateActing Executive Director

Page 57 of 81

Page 58 of 81

1

MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

SCOPE OF WORK FOR THE MID-WILLAMETTE VALLEY HOMELESS ALLIANCE COG shall undertake the following items in performance of this Agreement

1 Finance a Manage and process accounts payable and accounts receivable b Maintain records of project expenditures and revenues in COG financial

management system c Maintain copies of personal services contracts and other contracts for goods and

services under this Agreement d Provide monthly financial report to the Alliance Board e Provide support to and project financial statements in annual audit f Incorporate project expenditures and revenues into COG budget forecast prepare

budget documents for Alliance Board approval g Provide documentation of internal controls and other financial policies and

procedures to HUD upon request h Manage HUD planning grant when awarded Assure planning grant expenditures

made by the project are allowable per HUD regulations i Prepare any required financial reports associated with the planning grant j Accept and record Alliance member contributions and k Invoice members for annual project contributions and track contribution receipts

2 Administrative Support

a Attend Alliance Board meetings and executive committee meetings prepare draft minutes and maintain meeting records

b Assist the Alliance in scheduling meetings and other meeting-related tasks including merging documents for the meeting packet

c Schedule meeting space when available facilitate meeting logistics and preparation including setting up meeting space copying documents making name cards setting up laptop and PowerPoint equipment connecting participants through conference phone

d Maintain email lists in conjunction with the Alliance e Notice meetings per Public Meetings Law requirements f Assist the Alliance in preparing and disseminating a quarterly Alliance newsletter

COG is not responsible for creating or obtaining content for the newsletter and g Maintain Homeless Initiative web page on the COG website and provide up to six

(6) hours a month of IT support for the newly acquired and licensed Homeless Initiative web page

3 Executive Director Support

a Negotiate and approve goods and personal service contracts and contract amendments upon request of the Alliance

b Approve payments for monthly invoices c Provide executive level advice and support in working with the COG board of

directors and COG members d Authorize legal services upon request of the Alliance

Page 59 of 81

2

e Authorize IT services upon request of the Alliance f Attend MWVHA board meetings as needed and g Serve as the Collaborative Applicant for the 2020 NOFA process sign required

application documents

4 IT Support a Support development and maintenance of the Alliance website and b Other projects upon request of the Alliance and approval of Executive Director

5 Legal Services upon request of the Alliance and approval of Executive Director

6 Rates for services provided by COG are set forth COGrsquos fee schedule attached hereto as

Exhibit 1 (COG Board of Directors Resolution 2019-06) COG modifies its fee schedule annually on or about on July 1 of each year COG may modify the fees under this Agreement by not more than 15 for any individual fee upon adoption of a fee schedule for the 20-21 fiscal year and providing the Member Governments 10-daysrsquo notice of the modified fees The rates for services set forth herein apply to this Agreement and COG reserves the right to propose different rates in any future agreement pursuant to COGrsquos adopted fee schedule

Page 60 of 81

Page 61 of 81

Page 62 of 81

Page 63 of 81

Page 64 of 81

1

MID-WILLAMETTE VALLEY HOMELESS ALLIANCE GOVERNANCE CHARTER

FINAL ndash Approved by the CoC Development Council on 10-24-19 ratified by the Mid-Willamette Valley Homeless Alliance Board of Directors on 2-13-20

ARTICLE I CONTINUUM OF CARE NAME AND PURPOSE

A NAME OF THE CONTINUUM OF CARE (COC) The name of this organization is the Mid-Willamette Valley Homeless Alliance which serves as the regionrsquos Continuum of Care herein referred to as ldquothe CoCrdquo

B CONTINUUM OF CARE (COC) OVERVIEW 1 GEOGRAPHIC BOUNDARIES The CoC represents the geographic region within the boundaries of Marion

and Polk counties 2 PURPOSE The CoC is organized to carry out the purposes of the US Housing and Urban Development

(HUD) Continuum of Care program as described in 24 CFR Part 578 The CoC promotes communitywide commitment to the goal of preventing and ending homelessness provides funding for efforts by nonprofit providers and state tribal and local governments to quickly rehouse homeless individuals including unaccompanied youth and families while minimizing the trauma and dislocation caused to homeless individuals families and communities by homelessness promotes access to and effective utilization of mainstream housing and homeless services programs by homeless individuals and optimizes self-sufficiency among individuals and families experiencing homelessness Its work includes gathering and analyzing data to determine local needs of and resources available to people experiencing homelessness developing and prioritizing a menu of strategic responses collaboratively implementing a strategic plan promoting service coordination educating the public on homeless issues providing advice and input on homeless services operations leveraging resources for maximum impact and measuring and promoting strong program performance Through collaborative efforts of local and tribal governments school districts nonprofit organizations and other participating stakeholders the CoC seeks to develop an evidence-based system of services including stable housing designed to meet the unique and complex needs of adults youth children and families in Marion and Polk counties who are at risk of or are experiencing homelessness ICLE 3 ndash GEOGRAPHIC RE

ARTICLE II CONTINUUM OF CARE GOVERNANCE STRUCTURE

A BOARD OF DIRECTORS 1 NAME The name of the CoC governing board is the Mid-Willamette Valley Homeless Alliance Board of

Directors herein referred to as the ldquoCoC Boardrdquo or the ldquoBoardrdquo The CoC has established a governing board as required by 24 CFR part 5787(a)(3) The Board is responsible for the overall policy and direction of the CoC and may delegate responsibility for day-to-day operations to staff and committees

2 VOTING MEMBERSHIP The Board will consist of at least thirteen (13) voting members that have no

conflicts of interest as defined in Article III of this charter and 24 CFR part 57895 Board members will

Page 65 of 81

2

serve without compensation Board membership includes representation from the following organizations or subpopulations

a One representative from each of the following organizations

i Union Gospel Mission a faith-based organization ii The Confederated Tribes of Grand Ronde iii Local governments

(a) City of Independence (b) City of Keizer (c) City of Monmouth (d) Polk County

iv Salem-Keizer School District (24J) v Salem Health vi Homeless or formerly homeless individuals appointed by the Law Enforcement Assisted Diversion

Program and vii United Way of the Mid-Willamette Valley a nonprofit organization

b Two representatives from the City of Salem and Marion County In the alternative pursuant to

Section 11 of Article 2 Marion County and the City of Salem may appoint one representative who may exercise two votes

3 EX-OFFICIO BOARD MEMBERS In addition seven (7) ex-officio participants may serve as non-voting ex-

officio board members participating in discussions and representing such groups as a Marion County Salem and West Valley Housing Authorities b Mid-Willamette Valley Community Action Agency c Polk County Veteran Services and d Co-chairs of the CoC Collaborative Committee

4 BOARD SELECTION PROCESS

a The initial CoC Board of Directors will be nominated by the Development Council established by a 2019 Memorandum of Agreement in consultation with the stakeholders workgroup

b Each organization nominated for representation on the CoC Board will identify persons to serve who hold elected or senior staff roles in decision-making for that organization

c Members serve at the pleasure of the CoC Board d Any directors representing organizations newly added to the Board by amendment to this charter

will be nominated and confirmed by vote of the CoC board e Pursuant to 24 CFR part 5787(a)(3) the CoC Board will submit this written selection process to the

CoC Collaborative Committee described in Section D of this article and Board of Directors for review update and approval at least once every five (5) years

5 BOARD FINANCIAL CONTRIBUTIONS Each organization represented as a voting member on the CoC

board will contribute funds to supplement CoC operations contingent on the organizationrsquos budgetary

authority Contributions will be reviewed and approved annually by the CoC board

6 BOARD ALTERNATES Board members may designate an Alternate for a single meeting who can attend in the board memberrsquos place if the member must miss a meeting The Alternate must represent the same organization or subpopulation as the absent Board member Prior to the board meeting the absent Board member or his or her designee must communicate in writing to CoC staff confirming the Alternatersquos attendance and granting authority for the Alternate to vote

Page 66 of 81

3

7 TERMINATION The Board may remove any member when it determines it is in the interest of the CoC to do so Member terminations require a 23 vote of the appointed voting membership Reasons for removal include excessive absences from meetings conduct that is contrary to the Boardrsquos code of conduct or noncompliance with conflict of interest or other board policies

8 RESIGNATION Resignations by Board members shall be submitted in writing to CoC staff who will forward the resignation notice to board leadership Resignations will be announced at the next regularly scheduled board meeting For board positions representing designated organizations resignation is implied if a person seated on the board is no longer affiliated with the organization that appointed him or her The appointing organization is then responsible for assuring that another qualified person is appointed to represent that organization

9 MEETINGS Pursuant to 24 CFR part 5787(a)(1) the Board will meet at least semi-annually in conjunction with the CoC Collaborative Committee to conduct general CoC business Inclusive of these semi-annual joint meetings the board will meet at least quarterly and may meet more frequently at the call of the chair The CoC Board is a public body subject to the public meetings and record laws as stated in ORS Chapter 192 All meetings will be open to the public

10 QUORUM A majority defined as 50 plus one of the appointed voting Board membership will constitute a quorum for the transaction of all business at meetings Members may attend either in person or by conference call so long as persons in attendance and on the telephone can both hear and communicate with each other Members attending by telephone conferencing may be counted towards achieving a quorum

11 VOTING Each Board member will hold one vote on all matters brought before the board However in recognition of their significant financial contributions to the effort Marion County and the City of Salem may select two persons to represent each organizationrsquos interests on the CoC Board or in the alternative may select one representative who shall have two votes on any matter Board decisions shall be made by a majority of the total votes available to the entire appointed voting Board membership

12 NOTICE AND INCLUSION a The Board will provide for and give public notice reasonably calculated to give actual notice to

board members interested persons news media that have requested notice and general public notice Notice shall include the time and place for holding regular meetings The notice will also include a list of the primary subjects anticipated to be considered at the meeting Distribution of meeting notices will be in a manner that maximizes the potential of the public awareness of Board proceedings and for the public to participate in its deliberations

b Whenever possible matters resulting in a recommendation to the Board will be deliberated during a minimum of two meetings to assure maximum participation

c The Board encourages input to its deliberations and decision-making from a diversity of stakeholders including consumers and community members from diverse genders racial and ethnic origins cultural groups and geographic areas within the CoC boundaries CoC members are encouraged to bring ideas or concerns to the attention of the CoC Board and staff

d The Board will conduct outreach at least semi-annually with business organizations such as economic development forums chambers of commerce and Rotary clubs to inform business leaders about current issues surrounding homelessness and gather information from a business perspective

13 AGENDAS Items may be placed on a meeting agenda by any Board member or by CoC staff The agenda will be distributed to members and through public notice at least one week prior to a Board meeting

Page 67 of 81

4

B BOARD OFFICERS 1 CHAIR The Board will accept nominations and elect a chair annually The chair may be elected for

subsequent terms The chair will act as leader of the convened meeting and as the parliamentarian The chair will enforce Board policies and membership rules and will guide the conduct of public meetings The chair is the official Board representative and shall be the primary spokesperson to the media

2 VICE CHAIR The chair will select a vice chair with board consent In the absence of the chair the vice chair will assume the chairs responsibilities If neither the chair nor vice chair is available for a public meeting then the assembled quorum of the meeting will select a temporary chairperson to conduct the meeting

3 EXECUTIVE COMMITTEE LEADERSHIP The chair and vice chair serve as leaders of the CoC Executive Committee as described in Section E1

C STAFF RESPONSIBILITIES TO THE CoC BOARD

1 STAFF SUPPORTCOLLABORATIVE APPLICANT Subject to available funding for CoC operations Mid-

Willamette Valley Council of Governments (COG) will serve as the Collaborative Applicant described in

Article IV Section E and provide staff support that could be employees contractors and in-kind

support as well as in-kind materials and services to support the CoC To maintain a neutral role in

facilitating council meetings staff representing the COG will not hold authority to vote on matters

placed before the CoC Board

2 UNIFIED FUNDING AGENCY The CoC will seek designation as a Unified Funding Agency from the US

Department of Housing amp Urban Development

3 MEETING PREPARATION CoC staff is responsible for meeting preparation which includes

a Locating reserving and preparing the meeting space b Sending meeting notice agendas and minutes to the CoC distribution list one week prior to the

meeting and a reminder one day prior to the meeting c Compiling background materials and staff reports d Planning Board meetings in collaboration with the Executive Committee e Taking attendance at meetings and f Providing facilitation as needed

4 MINUTES CoC staff will serve as the CoC Board Administrator and prepare meeting minutes Minutes

will include a list of the members present motions proposals resolutions and orders proposed and their disposition the results of all votes and a vote by each member by name the substance of any discussions on any matter and reference to any document discussed at that meeting Minutes will be posted on the CoC website and distributed to the Board membership one week prior to the monthly meeting

5 RECORDS Pursuant to 24 CFR part 578103 and 24 CFR part 5785(b) staff will maintain CoC records to document compliance with HUD requirements including the following a Approved CoC governance charter that includes a written process to select the CoC board b Documentation of required reviews and updates including the annual charter review and review of

Board selection process every five years c CoC Board and committee rosters designating representation of sectors and subpopulations d Agendas and minutes of CoC Board committee subcommittee and workgroup meetings

Page 68 of 81

5

e Designation of a single Homeless Management Information System (HMIS) for the CoC f CoC applications for funds as set forth in 24 CFR part 5789 g Use of planning funds for eligible costs and other grant management documentation pursuant to 24

CFR part 57839 and h Completed and signed CoC conflict of interest forms required in Article III Section 5 of this charter

6 OTHER RESPONSIBILITIES CoC staff will maintain distribution lists distribute communications to CoC members and the community at large develop and maintain a CoC webpage support CoC committees and workgroups produce and submit applications for funds and perform other duties as assigned by the CoC Board to support the CoC

D CoC COLLABORATIVE COMMITTEE 1 PURPOSE The purpose of the CoC Collaborative Committee is to assist the Board in accomplishing the

responsibilities of the Continuum of Care as described in Article IV

2 MEMBERSHIP Participation in the Continuum of Care is open through the CoC Collaborative Committee to interested organizations and to interested individuals representing the community at large Member agencies will be responsible for identifying CoC representatives Participating agencies may have more than one person identified as a CoC representative Homeless and formerly homeless people are encouraged and supported to participate A roster of CoC Collaborative Committee participants will be maintained and posted on the CoC website

3 VOTING Each member organization and community at large member who has participated in at least two (2) meetings in the preceding twelve (12) months after the initial year of CoC operations shall have one vote at subsequent meetings on each matter submitted to a vote of CoC members To the maximum extent possible committee meetings shall operate on a consensus basis However members can request a majority vote on specific issues Agencies with more than one representative in attendance will determine in advance which representative will vote In all cases each member organization has only one vote

4 RESIGNATION Member agencies may resign from the CoC Collaborative Committee by sending a

written communication to CoC staff

5 CO-CHAIRS The CoC Board will appoint co-chairs to facilitate CoC Collaborative Committee meetings based on nominations from the CoC Collaborative Committee One co-chair will represent the public (governmental) sector and the other will represent the private (nongovernmental) sector Co-chairs will serve for two-year terms and may be reappointed by the Board

5 RECRUITMENT AND OUTREACH The CoC Board will publish and disseminate an open invitation at least annually for those within the CoC area to join as new CoC Collaborative Committee members CoC staff will document recruitment efforts The CoC Board will identify and address membership gaps in essential sectors and will recruit so that membership requirements are being met pursuant to 24 CFR part 5787 Outreach will be conducted to obtain representation from the following groups listed in 24 CFR part 5785(a)

a Nonprofit homeless assistance providers b Victim service providers c Faith-based organizations d Governments

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6

e Businesses f Advocates g Public housing agencies h School districts i Social service providers j Mental health agencies k Hospitals and health care organizations l Universities m Affordable housing developers n Law enforcement o Organizations that serve veterans p Homeless and formerly homeless individuals and q Other relevant organizations within the CoCrsquos geographic boundaries such as organizations and coalitions that serve unaccompanied youth employment councils substance abuse providers and early learning hubs

E COMMITTEES AND WORKGROUPS 1 STANDING COMMITTEES AND WORKGROUPS The CoC Board will appoint members representing

organizations participating in the CoC Collaborative Committee to the standing committees and workgroups listed in this section as E1 a through d The Board will also designate chairs or co-chairs to facilitate committee or workgroup meetings CoC staff will be assigned to take notes at committee and workgroup meetings and assure that CoC policies and processes are followed CoC staff will also maintain lists of committee and workgroup membership and post the lists to the CoC webpage a PERFORMANCE AND EVALUATION COMMITTEE The Performance and Evaluation Committee shall

review and recommend to the Board the policies timelines and scoring tools for application review and ranking process as part of the Continuum of Care competition for funds The Performance and Evaluation Committee shall also be responsible for monitoring and reviewing CoC-funded projects and general system performance The Performance and Evaluation Committee shall make recommendations to the CoC Board to improve system performance with input from the CoC Collaborative Committee Members of this committee may not have a conflict of interest described in Article III and may not be recipients of HUD funds i The CoC Board will appoint a subcommittee of not fewer than five (5) Performance and

Evaluation Subcommittee members to review and rank project applications during the annual process described in Article IV Section E

ii The Board will strive to appoint subcommittee members who are knowledgeable about homelessness and housing in the region and representative of relevant sectors subpopulations and geographic areas of the region

iii Subcommittee members must have completed conflict of interest forms on file with CoC staff affirming that they are not employees or do not have a business relationship or other conflicts of interest as described in Article III

iv Subcommittee members must be willing to dedicate time for application review and subcommittee meetings during the application process

b COORDINATED ENTRY COMMITTEE The Coordinated Entry Committee creates the policies and

procedures for the CoCrsquos coordinated entry system The committee is also responsible for monitoring the progress of organizations implementing coordinated entry to ensure it is functioning effectively arranging for technical assistance to participating organizations and recommending changes as necessary The committee shall recruit agencies for participation in coordinated entry

Page 70 of 81

7

c HMIS USERS WORKGROUP The HMIS Users Workgroup consists of representatives from organizations using the Homeless Management Information System (HMIS) The workgroup is co-chaired by the HMIS Lead organization or its designee and the HMIS Designated Coordination Entity as described in Article IVB2 The workgroup shall monitor the progress of organizations using HMIS develop strategies for improving HMIS ease of use troubleshoot data reporting and data quality issues and review and make recommendations on HMIS policies and protocols to the HMIS Lead HMIS Coordination Entity and CoC Board

d POINT-IN-TIME COUNT WORKGROUP The Point-in-Time Count workgroup shall work with the

HMIS Coordination Entity named in Section D2 to organize and conduct the Point-in-Time count including recruitment training and support of volunteer outreach workers for the event

2 SPECIAL COMMITTEES AND WORKGROUPS The Board may authorize the formation of special

committees or workgroups as necessary to deal with specific problems or issues as the Board believes appropriate The Board will appoint members to special committees and workgroups These special committees or workgroups will be time limited and be provided a scope of work from the Board Special committees and workgroups will report their findings and recommendations to the Board upon request or upon the conclusion of their work

3 EXECUTIVE COMMITTEE The Executive Committee is composed of the chair vice chair and at least

three additional Board members The committee works closely with staff to guide the work of the CoC Board Committee members may not serve on the Performance and Evaluation Committee Committee responsibilities include the following a Prepare meeting agendas and ensure matters are ready for Board meetings b Act on matters when authority has been delegated by the full Board to do so and c Act on time sensitive administrative matters that require a decision between Board meetings with

notice provided to all Board members prior to taking action and with the action(s) to be ratified at the next Board meeting Time sensitive administrative matters include but are not limited to required municipal state or federal reports and letters of support associated with grant applications Action will not be taken under this subsection if any Board member notifies the Board Chair of the members objection prior to the Executive Committees action on a time sensitive matter

4 APPEALS COMMITTEE The Board may appoint a committee of three (3) Board members to review and

make appeal decisions during the application process described in Article IV Section E Those appointed to the Appeals Committee may not have participated in the rank and review process must have signed conflict of interest forms on file with CoC staff and must affirm upon committee appointment that they do not have conflicts of interest with agencies applying for CoC Program funding In the alternative the Board may also delegate this responsibility to the Executive Committee

Page 71 of 81

8

ARTICLE III CONFLICT OF INTEREST AND CODE OF CONDUCT

NUUM OF CARE GOVERNANC A CONFLICT OF INTEREST

1 GENERAL PROVISIONS A conflict of interest is a situation in which a CoC Board member or one of his or her family members has a personal or financial interest that compromises or could compromise the Board or committee memberrsquos independence of judgment in exercising his or her responsibilities to the CoC It is the position of this CoC that conflicts of interest shall not compromise the CoCrsquos work and that even the appearance of a conflict shall be avoided in all circumstances

2 ADHERENCE TO CONFLICT OF INTEREST POLICY CoC Board and committee members are expected to adhere to the CoC Conflict of Interest Policy which requires the member to minimize conflicts of interest disclose ethical legal financial and other conflicts and remove themselves from decision-making if they would otherwise be called on to act on a conflict involving themselves their family members or entities with which they or their family members are closely associated Under the policy Board members are required to disclose actual or potential conflicts of interest as well as certain relationships and transactions No CoC Board member may participate in or influence discussions or resulting decisions concerning the award of a grant or other financial benefits to the organization that the member represents pursuant to 24 CFR part 57895

3 DEFINITIONS The CoC will assure that Board and committee members acknowledge the federal and state definitions of conflict of interest and are in full compliance with state and federal law a Conflict of Interest definitions aligning with federal statute are

i Conflict of Interest generally means a situation in which a Board member or his or her immediate family member has directly him- or herself or indirectly through another individual or entity a personal or financial interest that compromises or could compromise the Board memberrsquos independence of judgment in exercising his or her responsibilities to the CoC

ii Prohibited Conflict of Interest means a conflict of interest that would prevent a Board member from serving on the Board or participating in any of the Board activities A Board member who has a potential or actual Prohibited Conflict of Interest must resign from the Board Prohibited Conflicts of Interest include CoC compensation and employment loans federal employee status use of CoC equipment facilities assets or staff time for non-CoC purposes and acceptance of gifts gratuities favors or anything of monetary value

iii Issue-Specific Conflict of Interest means a conflict of interest that would prevent a Board member from voting on or being present during the discussion of a specific issue such as votes on contracts and CoC leadership

b Oregon Revised Statutes Chapter 244 defines actual and potential conflict of interests for members

of public bodies No Board or committee member shall participate in a decision in which he or she has a private pecuniary interest Affected members shall disqualify themselves from participation by written notification to the Board as required by ORS 244120

i A potential conflict of interest exists when a Board or committee member takes an action that

reasonably could be expected to have a financial impact on that member a relative or a business with which the member or members relative is associated The member may participate in an action after declaring the potential conflict and announcing its nature

Page 72 of 81

9

ii An actual conflict of interest exists when an action is reasonably certain to result in a special benefit or detriment to the member a relative or a business with which the member or members relative is associated The member will declare the actual conflict and announce its nature The member must then refrain from taking any official action except when the members vote is necessary to achieve a quorum When a vote is necessary to achieve a quorum the member may vote but may not participate in any discussion or debate on the issue out of which the actual conflict arises

4 PENALTIES A Board member who purposefully conceals a conflict of interest refuses to recuse him- or

herself from voting or engages in other conduct that violates the CoC Conflict of Interest policy will be subject to removal from the Board

5 ANNUAL DECLARATION Board and committee members are to annually receive a copy of the CoC Conflict of Interest Policy sign the CoCrsquos Conflict of Interest form and submit the form to CoC staff

B B CODE OF CONDUCT 1 GENERAL PROVISIONS CoC members are expected to observe the highest standards of ethical conduct

in the execution of their responsibilities to conduct themselves with courtesy and respect and to refrain from harassment intimidation discrimination and physical or verbal abuse

2 CONFIDENTIALITY CoC members must respect and maintain the confidentiality of sensitive information

they may gain from their association with the CoC This may include personal information about community members experiencing homelessness

3 RESPONSIBILITY AND INTEGRITY In the performance of their duties CoC members are expected to carry out CoC duties to the best of their abilities and to maintain the highest standards of integrity for actions with other CoC members including CoC Board members service providers service recipients and members of the general public CoC Board and committee members shall put forth honest effort in the performance of their duties to advance the CoCrsquos mission exercising sufficient control and supervision over matters for which they are individually responsible and should not do anything to bring the full CoC or its members into disrepute

4 MISUSE OF POSITION Misuse of position is prohibited A CoC member must not use his or her position with the CoC for personal gain or for the benefit of family or friends

5 COMMUNICATIONS CoC members shall make clear when communicating publicly or with the media whether they are speaking in their own name on behalf of their agency or organization or on behalf of the CoC if the CoC Board has empowered them to speak on the CoCrsquos behalf

6 WASTE FRAUD AND ABUSE CoC members shall disclose waste fraud abuse and corruption in the operation of the Continuum of Care to appropriate authorities

7 EQUAL OPPORTUNITY CoC Board members shall adhere to laws and regulations that provide equal opportunity for all people regardless of race color religion gender identity national origin ethnicity sexual orientation age or disability

Page 73 of 81

10

8 PENALTIES This Code of Conduct will be distributed annually to CoC members Members in violation of any portion of this Code of Conduct will be subject to disciplinary action which could include immediate termination from the CoC Board or CoC committees

9 ANNUAL DECLARATION Board members are to annually receive a copy of the Code of Conduct acknowledge receipt by signing a form and submit a copy of the signed form to CoC staff

O ARTICLE II CONTINUUM FCARE GOVERNANCE STRUCTURE

ARTICLE IV OPERATING THE CONTINUUM OF CARE

A CoC RESPONSIBILITIES The CoC Board is responsible for assuring that the following responsibilities are accomplished with broad participation from CoC stakeholders

1 Hold meetings of the full membership with published agendas at least semi-annually pursuant to 24 CFR part 5787(a)(1)

2 Make an invitation for new members to join the CoC publicly available within the geographic area at least annually pursuant to 24 CFR part 5787(a)(2)

3 Adopt and follow a written process to select a board to act on behalf of the CoC The process must be reviewed updated and approved by the CoC at least once every five (5) years pursuant to 24 CFR part 5787(a)(3)

4 Appoint additional committees subcommittees or workgroups pursuant to 24 CFR part 5787(a)(4)

5 In consultation with the Collaborative Applicant and HMIS Lead develop follow and update annually a governance charter which will include all procedures and policies needed to comply with Subpart B of part 5787 and with HMIS requirements as prescribed by HUD and a code of conduct and recusal process for the board its chair(s) and any person acting on behalf of the board pursuant to 24 CFR part 5787(a)(5)

6 Consult with recipients and subrecipients to establish performance targets appropriate for population and program type monitor recipient and subrecipient performance evaluate outcomes and take action against poor performers pursuant to 24 CFR part 5787(a)(6)

7 Evaluate outcomes of projects funded under the Emergency Solutions Grants (ESG) program and the CoC program and report to HUD pursuant to 24 CFR part 5787(a)(7)

8 In consultation with recipients of Emergency Solutions Grants program funds within the geographic area establish and operate either a centralized or coordinated assessment system that provides an initial comprehensive assessment of the needs of individuals for housing and services The CoC must develop a specific policy to guide the operation of the centralized or coordinated assessment system on how its system will address the needs of individuals and families who are fleeing or attempting to flee domestic violence dating violence sexual assault or stalking but who are seeking shelter or services from nonvictim service providers This requirement along with requirements established by HUD by notice is pursuant to 24 CFR part 5787(a)(8)

Page 74 of 81

11

9 In consultation with recipients of Emergency Solutions Grants program funds within the geographic

area establish and consistently follow written standards for providing CoC assistance as further described in 24 CFR part 5787(a)(9)

10 Designate and operate a single Homeless Management Information System (HMIS) for the geographic area including designating a single system and an HMIS lead reviewing revising and approving a privacy plan security plan and data quality plan for the HMIS ensuring consistent participation of recipients and subrecipients in the HMIS and ensuring that the HMIS is administered in compliance with HUD requirements pursuant to 24 CFR part 5787(b)

11 Develop a CoC plan that includes coordinating the implementation of a housing and service system that meets the needs of homeless individuals including unaccompanied youth and families The system shall include at a minimum outreach engagement assessment shelter housing supportive services and prevention strategies pursuant to 24 CFR part 5787(c)(1)

12 Plan for and conduct at least biennially a Point-in-Time Count of homeless persons within the geographic area as described in 24 CFR part 5787(c)(2)

13 Conduct an annual gaps analysis of the homeless needs and services available within the geographic area pursuant to 24 CFR part 5787(c)(3)

14 Provide information required to complete the Consolidated Plan(s) within the CoCrsquos geographic area pursuant to 24 CFR part 5787(c)(4)

15 Consult with state and local government Emergency Solutions Grants program recipients within the CoCrsquos geographic area on the plan for allocating Emergency Solutions Grants program funds and reporting on and evaluating the performance of Emergency Solutions Grants program recipients and subrecipients pursuant to 24 CFR part 5787(c)(5)

16 Prepare an application for funds that includes a collaborative process in response to a Notice of Funding Availability (NOFA) published by HUD under 24 CFR part 57819

17 OF THE COC AND THE COC BOARD

B CoC REPORTS The CoC Board shall approve the following reports and documents prior to releasing such reports and documents to the community

1 CoC Program Project Priority List 2 Inventory of Homeless Services 3 Annual or Biennial Point-in-Time Count Report 4 Housing Inventory Chart 5 Longitudinal Systems Analysis (LSA) and 6 Homeless Coordinated Entry System Report

Page 75 of 81

12

C CoC CORRECTIVE ACTIONS PROCESS 1 ANNUAL PROGRAM REVIEW CoC funded programs or projects will be reviewed by the Performance

and Evaluation Committee annually with findings reported to the CoC Board 2 RESPONSES TO IMPROVE PROGRAM PERFORMANCE

a Should the Board determine that a program is not meeting established performance measures staff will notify the program or project in writing The organization overseeing the program or project will have the opportunity to provide additional performance information within 30 days of receipt of the CoC notification

b If the program or projectrsquos performance is related to certain items as determined by the CoC Board such as late Annual Performance Report submissions unused funding low utilization low exits to permanent housing low scores on income measures or alignment of program participation with wait list protocols the CoC Board may place a program on probation to improve its performance

c During the probationary period the CoC will enter into a Performance Improvement Agreement with the program or project needing improvement listing specific expectations and timeline

d CoC staff will facilitate technical assistance as needed and available as part of the Performance Improvement Agreement The organization overseeing the program or project is responsible for requesting specific assistance in low-scoring performance areas and requesting clarifications from the CoC about performance measures and expectations

e The length of the probationary period will be proposed by the Performance and Evaluation Committee negotiated by CoC staff and approved by the CoC Board Extensions may be requested for extenuating circumstances and are subject to Board approval If the program or project does not fulfill the agreed-upon expectations included in the Performance Improvement Agreement the Board may reduce funding or ranking may reject future applications from that program or project for HUD CoC Program funds or other remedies approved by HUD

D DESIGNATING AND OPERATING A HOMELESS MANAGEMENT INFORMATION SYSTEM

1 HMIS PURPOSE The primary purpose of the CoCrsquos Homeless Management Information System (HMIS) is to aggregate data on homelessness across Marion and Polk counties to accurately describe the regionrsquos scope and evaluate the effectiveness of efforts to reduce and end homelessness The CoC uses HMIS to a Understand the characteristics and service needs of homeless people b Analyze how homeless people use services c Evaluate program effectiveness and outcomes d Improve access to and delivery of services for people experiencing homelessness and e Strengthen community planning and resource allocation

2 DESIGNATED HMIS ROLES Oregon Housing amp Community Services (OHCS) is designated as the HMIS Lead AgencyAdministrator Portland Housing Bureau is the vendor that provides the licensed software for the HMIS system Mid-Willamette Community Action Agency is designated as the CoC regionrsquos HMIS Coordination Entity designated by the HMIS Lead to coordinate data collection and data analysis for the region The CoC Board oversees the work of the HMIS partners

3 HMIS DECISIONMAKING AUTHORITY HMIS decisions which affect local CoC operations are made by the

HMIS Administrator in consultation with the HMIS Users Workgroup and HMIS Coordination Entity HMIS decisions which affect CoCs participating in statewide HMIS implementation will be made by the Northwest Social Services Connections Committee with representation from each CoC in Oregon The

Page 76 of 81

13

HMIS Lead will keep CoC staff informed of issues and decisions and will provide a summary of key decisions to the CoC Board at least annually

4 HMIS LEAD RESPONSIBILITIES Oregon Housing amp Community Services as HMIS Lead works closely with

the CoC and is responsible for maintaining the CoCrsquos HMIS system in compliance with HUD standards OHCS is responsible for coordinating the following activities a Providing operation security maintenance system auditing and technical support of HMIS central

hardware software and connectivity b Executing a written HMIS Participation Agreement with each Contributing HMIS Organization (CHO)

which includes the role obligations and authority of the HMIS Lead and the organization and requirements to comply with security privacy and data quality plans

c Setting up and managing user accounts access levels and passwords d Providing technical and user support for HMIS software including agency account set-up system

monitoring and testing problem diagnosis and resolution and routine software and information maintenance

e Providing and coordinating ongoing training and technical support for the system f Ensuring consistent HMIS participation by CoC and Emergency Shelter Grant (ESG)recipients and

subrecipients g Maintaining and updating a Privacy Plan Security Plan and Data Quality Plan h Ensuring the accuracy of data including regularly assessing that all participating agencies are

accurately and comprehensively capturing participant entry and exit dates and providing technical assistance to correct data quality challenges

i Coordinating regular end user meetings ie HMIS Users Workgroup meetings to discuss software updates data entry report writing and system management issues

j Serving as point of contact for end user questions and concerns k Assessing compliance with the CoCrsquos HMIS Policies and Procedures Manual l Maintaining contact with the software product developer to ensure consistent and uniform

communication among product support personnel and the community m Generating information on the communityrsquos homeless and housing situation for community

planning advocacy and funder reporting requirements n Assisting end users in the creation of custom reports and queries o Providing regular aggregate data reports to participating agencies CoC staff and the CoC Board p Reviewing and implementing product upgrades q Completing the Annual Homeless Assessment Report r Conducting regular data quality checks and providing reports to the CoC Board and s Serving as the applicant to HUD for grant funds to be used for HMIS activities for the CoCrsquos

geographic area as approved by the CoC Board

5 PROVIDER PARTICIPATION Any organization within the CoC geographic region that receives Continuum of Care Program and Emergency Solutions Grant (ESG) funds must participate in HMIS as a Contributing HMIS Organization (CHO) In addition the CoC encourages all providers of services to homeless individuals and families within the CoC geographic area regardless of whether they receive CoC or ESG funds to become a CHO and include their data in HMIS

6 HMIS MANUAL To ensure compliance with HUD requirements the HMIS Lead in collaboration with the

HMIS Coordination Entity HMIS Users Workgroup and other stakeholders is responsible for developing and annually reviewing and updating the CoCrsquos HMIS Policies amp Procedures Manual The manual provides the framework for the ongoing operations of the HMIS system It includes the CoCrsquos privacy data quality and security plans for the HMIS system At any time the HMIS Lead HMIS Coordination Entity HMIS Users Workgroup or CoC Collaborative Committee may identify elements of policies or

Page 77 of 81

14

procedures or other HMIS-related plans that need to be revised Recommendations for revisions are to be submitted to the HMIS Lead The HMIS Lead will present the HMIS Policies amp Procedures Manual to the CoC Board annually or more frequently if significant substantive changes are proposed

E PREPARING AN APPLICATION FOR FUNDS 1 PURPOSE A major function of the Continuum of Care is to prepare and oversee the applications for CoC

funds administered by HUD under the McKinney-Vento Homeless Assistance Act The CoC Program is designed to assist individuals and families experiencing homelessness and to provide the services needed to help them move into housing with the goal of long-term stability The CoC Program funds important housing and services programs such as permanent housing (including permanent supportive housing and rapid re-housing) transitional housing and supportive services programs HUD CoC Program funds are granted annually based on a national competition following the release a Notice of Funding Availability (NOFA) Recipients of Emergency Solutions Grant funds another homeless assistance grant administered under the McKinney-Vento Act are required by HUD to coordinate with the CoC The CoC addresses that requirement through coordinating with the ESG review and ranking process and ESG scoring tool development

2 COLLABORATIVE APPLICANT The Mid-Willamette Valley Council of Governments (COG) is designated as

the CoC Collaborative Applicant and is responsible for leading and supporting all aspects of the annual HUD CoC NOFA application process including submission of the Consolidated Application

3 PROJECT REVIEW PROCESS

a Immediately after HUDrsquos Continuum of Care Program NOFA is released the Collaborative Applicant will coordinate and carry out the activities needed to successfully submit a Consolidated Application on behalf of the CoC

b Tasks required for project review in preparation for NOFA submission include the following

i Prior to the NOFA release the Collaborative Applicant will develop a draft timeline for the NOFA process and design scoring tools and any corresponding local application materials to assist in the review and ranking of renewal and new project applicants Review and ranking materials will take into consideration both local and HUD priorities

ii Scoring tools and the draft timeline will be reviewed by the Performance and Evaluation Committee and recommended to the CoC Board for approval

iii Upon publication of the NOFA the Collaborative Applicant will schedule and publicize a date and time for a Technical Assistance Workshop and finalize the timeline and priorities for the NOFA process

iv Applicants may participate in the Technical Assistance Workshop At the workshop the Collaborative Applicant will present an overview of the NOFA and the process for reviewing and ranking applications The orientation will describe HUD application requirements supplemental local application materials the scoring tool and applicable deadlines and dates Applicants will also have an opportunity to ask questions The CoCrsquos NOFA timeline and application materials will be posted in the CoC webpage

v Applicants will complete and submit application materials by the established deadline vi Late applications will not be accepted vii As an exception to Article IVD3bvi applicants with significant extenuating circumstances may

submit a petition to CoC staff for an extension Extensions require the approval of the CoC Board or the CoC Executive Committee if delegated the authority for this purpose by the Board It is anticipated that exceptions will be granted in very rare circumstances and not applied in

Page 78 of 81

15

situations where advance planning could have resulted in the application being submitted timely

viii Incomplete applications cannot be supplemented with more information or materials to reach a level of completeness once submitted to the CoC for review and ranking but must be completed prior to HUD submission if selected for funding

ix A subcommittee of the Performance and Evaluation Committee is appointed by the CoC Board to review and rank project applications as described in Article II Section E Subcommittee members receive and review application and scoring materials prior to the subcommittee meeting in preparation to score each programrsquos application

x The subcommittee of the Performance and Evaluation Committee meets to jointly discuss and critique each application and may interview applicants as part of the meeting If applicant interviews are included in the review process all applicants must have the opportunity for an interview After discussion and any applicant interviews subcommittee members individually score applications based on the scoring tools

xi A preliminary ranked list is created by the following procedures (a) A ranked list is prepared based on a composite of raw scores for each application (b) Applications that do not meet certain threshold requirements as detailed on the scoring

tool will not be included on the ranked list (c) If the NOFA makes available bonus funds in a program area the highest scoring eligible

projects will be designated for bonus funding in those relevant program areas xii The CoCrsquos goals for priority funding are to promote high-performing projects in alignment with

community and federal priorities Scoring tools will reflect the communityrsquos implementation of local and federal priorities as determined by the CoC Board

xiii Scores and subcommittee feedback on applications are sent to applicants along with a reminder of the appeals process and deadline by the established deadline

4 REALLOCATION OF FUNDS HUD encourages CoCs to reallocate funds from projects with substandard

performance to higher priority community needs that also align with HUD priorities and goals Prior to the release of the NOFA the Performance and Evaluation Committee facilitates a reallocation discussion in consultation with the CoC Collaborative Committee and CoC Board Scenarios for potential reallocation decisions based on the CoCrsquos gaps analysis and strategic plan are provided to the Performance and Evaluation Subcommittee to consider during the ranking process Final reallocation decisions are approved by the CoC Board

5 APPEALS a APPEALS COMMITTEE As described in Article II Section E appeals are considered by the Appeals

Committee or Executive Committee as designated by CoC Board The Appeals Committee will be established only if an applicant requests an appeal

b ELIGIBILITY TO APPEAL Eligible applicants have the opportunity to appeal both their scores and

preliminary rankings prior to the ranked list being finalized and approved by the CoC Board i The following applicants are eligible to appeal

(a) An applicant that receives less funding than applied for (b) An applicant that is ranked below Tier 1 (c) An applicant that is ranked in the bottom third of Tier 1 (d) An applicant that believes its score is not reflective of the application information provided

or (e) An applicant that can describe bias or unfairness in the process that warrants the appeal

ii Applicants that have not met the threshold requirements are not eligible to appeal

Page 79 of 81

16

c APPEALS PROCESS i Appeals must be received in writing with supporting documentation by the established

deadline ii Notices of appeal must be based on the information submitted by the application deadline No

additional or new information will be considered iii The notice of appeal must include a written statement specifying in detail the grounds and

rationale asserted for the appeal iv Valid appeals will be read reviewed and evaluated by the Appeals Committee that will meet to

consider and deliberate appeals based on the applicantrsquos appeal statement and the application materials that the applicant originally submitted to the CoC

v The Appeals Committee will make modifications to the preliminary list based on the results of the appeals process Appeals Committee decisions must be supported by a 23 majority vote

vi The appealing agency will receive a written decision of the Appeals Committee within two (2) business days of the Appeals Committee meeting

vii Appeals Committee decisions result in the final prioritized list submitted for approval to the CoC Board

6 FINAL PRIORITIZED LIST OF APPLICATIONS

a A final ranked project list is submitted to the CoC Board for review and approval after appeals have been determined and the Appeals Committee has made any modifications to the preliminary prioritized list Any Board member with a conflict of interest must recuse himself or herself from all related discussions and abstain from voting on the final priority list As stated in Article II Section A and Article III Board members with conflicts of interest are subject to removal from the Board

b The Collaborative Applicant submits the CoCrsquos approved Consolidated Application to HUD prior to the HUD NOFA deadline

c Conditional award funding is typically based upon the prioritized list of Project Applicants that is submitted however actual awards and award amounts are determined by HUD

ARTICLE V CHARTER AMENDMENTS

1 PROCESS This governance charter may be amended at any CoC Board meeting by a 23 majority vote of the appointed voting Board membership Copies of proposed amendments will be available for review at least one week prior to the Board meeting at which the proposed amendments are considered The Board will seek prior review and recommendation by the CoC Collaborative Committee of any amendments to the charter unless circumstances require an immediate change In the latter situation CoC staff will provide an explanation of the circumstances and provide opportunity for comments and input prior to and as part of the Board meeting

2 FREQUENCY OF REVIEW The CoC Collaborative Committee and Board will review this charter annually

Page 80 of 81

PENDING CITY COUNCIL AGENDA ITEMS 04092020

APRIL 14 2020 - 630 PM APRIL 28 2020 - 630 PM

Agenda items due 1000 am 040920 Agenda items due 1000 am 042320

raquo Hearing amp ord Code changes (comm stds) (Fred)

raquo OLCC appl - The Tap Station (Hedlund) raquo Ordinance - code changes (HPC)

raquo Cherriotts Bus Stop Parking (Kie) raquo Liquor licensing policy

raquo Homeless Alliance IGA (Tom) raquo Alcohol concessions contract (Tom)

raquo AXON contract (Bob) raquo Event Center contract (TomShawn)

raquo Res 1526 USDA grant application (Shawn) raquo Info Report 3Q Finance Report (Gloria)

raquo raquo F Street Design RFP Selection (Kie)

raquo raquoraquo raquo MinutesNotesPACTracking Log

raquo raquo Liaison Reports MINET Park amp Rec

raquo MinutesNotesPACTracking Log and Planning

+ Urban Renewal Agency if needed + Urban Renewal Agency if neededMAY 12 2020 - 630 PM MAY 26 2020 - 630 PM

Agenda items due 1000 am 050720 Agenda items due 1000 am 052120

raquo Parking ordinance update review raquoraquo Arbor Day proclamation raquoraquo TSP Consultant presentation raquoraquo Museum presentation (Carly) raquoraquo Lot 7 DDA (ShawnTom) raquoraquo raquo MinutesNotesPACTracking Log

raquo raquo Liaison Reports Library WIMPEG

raquo MinutesNotesPACTracking Log and Museum Commission

+ Urban Renewal Agency if needed + Urban Renewal Agency if neededJUNE 9 2020 - 630 PM JUNE 23 2020 - 630 PM

Agenda items due 1000 am 060420 Agenda items due 1000 am 061820

raquo raquo Budget Adoption

raquo raquoraquo raquoraquo raquoraquo raquoraquo raquo MinutesNotesPACTracking Log

raquo raquo Liaison Reports Traffic Safety Historic Preservation

raquo MinutesNotesPACTracking Log and Independence Days

+ Urban Renewal Agency if needed + Urban Renewal Agency if neededFuture Items City Council LiaisonsIndpMonm IGA re MINET (City Mgr) Historic Preservation Commission Councilor Takacs2019 Transportation financing discussion (unf bsn) Hop amp Heritage Block Party Councilor CorrDuplex ADU worksession HPC worksession Independence Days Commission Councilor CorrJan 2021 - 9th St Sewer projects bid award (kie) Library Board Councilor MortonOverlay project award (Winter 2020) (Kie) MINET Councilor HicksF St Construction Award Museum Advisory Board Councilor MortonHoffmanGun club intersection project (wk ssn) (Kie) Parks amp Rec Committee Councilor Martin-WillisPublic Hearing LA-04-2018 (HPC code update) (Fred) Planning Commission Councilor Martin-WillisOnstreet parking regulations (BobTom) Traffic Safety Commission Councilor TakacsSidewalk program (KieShawnTom) WIMPEG Councilor Ranstrom-Smith(IMC) update Building Codes provisions

Budget MeetingsMar 25 Budget Committee Orientation (rescheduling TBA)May 6th Budget CommitteeMay 13th Budget CommitteeMay 20th Budget Committee (if needed)June 23rd Council - Budget Adoption

Page 81 of 81

  • Agenda
  • 31 March 24 2020
  • 61 Council Action Memo
  • 61 Cherriots Presentation
  • 71 Council Action Memo
  • 71 Tap Station OLCC application
  • 72 Council Action Memo
  • 72 AXON Proposal
  • 73 Council Action Memo
  • 73 Resolution 20-1526
  • 74 Council Action Memo
  • 74 Interim IGA
  • 74 COG Scope of Work
  • 74 MWHA Governance Charter
  • 91 04-09-2020
Page 10: City of Independence

Page 10 of 81

555 South Main Street Post Office Box 7 Independence OR 97351

Phone 503838-1212 Fax 503606-3282 email kcottamciindependenceorus

[ ] Information Only [ X ] Action Requested

Statement of IssueStaff is requesting the authority to allow Cherriots Public Transportation services to install 12 new bus stops in Independence

BackgroundCherriots has made 2 previous presentations to council for new bus route and service one in June 2019 and one this year on February 25th Today is the final presentation and request for installation of 12 new bus stops

DiscussionThe city has committed to improving public transportation with several partners Cherriots Public Transportation is an important link to our neighboring cites in Polk County This new service will enter neighborhoods frequently to provide transportation alternatives We are asking council for permission to install yellow curb at these stops approximately 50rsquo is needed for the bus to safely load and unload riders That is the equivalent of 2 parking spaces per stop The stops were placed with taking the minimal amount of parking in mind Both the Public Works Dept and Police Dept inspected and approved every stop proposed We estimate that fewer than 16 parking spots will be needed city wide

Fiscal ImpactCherriots will install and paint the curbs yellow the city will then maintain the stops from the transportation dept funds I do not have an exact amount for maintaining the stops however impact will be minimal

Options1 Approval to allow Cherriots Public Transportation Services to install 12 new bus stops in Independence 2 Defer action requesting additional information3 Deny request

CITY OF INDEPENDENCEPUBLIC WORKS MEMORANDUM

TO Mayor and City Council FROM Kie CottamMEETING DATE 04092020

SUBJECT Cherriots Bus Route 45

Page 11 of 81

555 South Main Street Post Office Box 7 Independence OR 97351

Phone 503838-1212 Fax 503606-3282 email kcottamciindependenceorus

RecommendationSuggested MotionStaff recommends Option 1

Suggested Motion ldquoI move to authorize Cherriots Public Transportation Services to install 12 new bus stops in Independence at the locations as provided by Cherriots staffrdquo

AttachmentsA Cherriots Presentation

Memo prepared by Kie Cottam PW Director

Page 12 of 81

492020

1 1

Route 45 Bus Stop Parking RemovalsIndependence City Council Meetingndash April 14 2020By Ted Stonecliffe Transit Planner II

2

Introductionbull Public outreach completedbull Purpose of bus stop parking removal requestbull Responses to neighbor concernsbull Vehicle typebull Locations of bus stops proposedbull Next stepsbull Conclusionsbull Questions and answers

1

2

Page 13 of 81

492020

1 2

3

Public outreach completed

Public surveybull Conducted in-person outreach events and a six-week online

survey in Summer 2019City council appearances

bull June 2019 February 2020 April 2020

Property owners adjacent to new stopsbull Sent letters certified return receipt USPS mail to each

adjacent property ownerbull Door hangers placed on 160 doors in vicinity of on-street

parking removals and new bus stopsbull Website with all the details cherriotsorgNewRoute45

4

Purpose of bus stop parking removalsbull Buses must have direct access to the curb in order to

loadunload passengers safely especially in mobility devicesbull In order to comply with the Americans with Disabilities Act

(ADA)

Responses to concerns

bull Worked with neighbors on 4th Street to find a better southbound bus stop location

bull Eliminated northbound bus stop on 13th Street in response to neighbor complaint

bull Minimizing parking removals for E Street due to heavy on-street parking occupancy

3

4

Page 14 of 81

492020

1 3

5

Vehicle typebull 25-ft long 14 seats wheelchair lift-equippedbull Needs 50 feet of parking removed at each location

6

Route 45 bus stop locations in Independence (12 new 4 existing)

Monmouth Independence

5

6

Page 15 of 81

492020

1 4

7

Website examples of parking removals

E Street (between 10th and 11th ) Main Street Oak Street

8

Next Stepsbull Seek approval for stops and no-parking zones from three cities ndash

April amp May

bull Release bid package to potential contractors ndash June or July

bull Begin marketing new service at least 30 days in advance of launch

bull Install new stop poles amp signs ndash August

bull Launch new service September 2020

bull Continue marketing new service actively in September

7

8

Page 16 of 81

492020

1 5

9

Conclusionsbull Public outreach allowed public to weigh in on service

design and bus stop locationsbull Property owners have been notified of pending parking

removals by the citybull Removal of parking is necessary for the safety of the riding

public and to comply with the ADAbull Worked with community members and city public works

department to develop final planbull Request for parking removals for bus stops will come from

public works department (Kie Cottam)

10

Questions

9

10

Page 17 of 81

492020

1 6

11

11

Page 18 of 81

CITY OF INDEPENDENCE OREGONMEMORANDUM

TO Honorable Mayor and City Council

FROM Tom Pessemier City Manager

SUBJECT New Establishment Liquor License Applicant

DATE April 9 2020

Action Requested X Information Only

Statement of Issue

The Tap Station LLC DBA The Tap Station located at 87 N Main St has made an application with the Oregon Liquor Control Commission for Additional Privilege This license would allow the licensee to sell wine malt beverages and ciders for Off-Premises Consumption This application is submitted as a result of the recent restrictions put into place for licensed establishments regarding COVID-19 The additional license would allow The Tap Station to selldeliver their products to the consumer for off-premises consumption I have spoken to the OLCC regarding this and they are currently seeing a large increase in these applications and as a result are granting 90-day temporary authority at application with a requirement for follow-up reviewrecommendation by the local authority prior to final decisions or issuance

Background

In 1992 our City adopted resolution 881 which establishes criteria for screening liquor license applications The police department was assigned the task to do initial reviews of each liquor license application The police department then completes a staff report on those findings for the City Council review

Analysis

I have conducted a background investigation for The Tap Station as well as Christopher Ream and did not locate any issues I believe would hinder his operation of this business Christopher has owned and operated The Tap Station since he took over its ownership in the middle of 2019 with no issues or calls for service related to alcohol at the establishment

Fiscal Impact

Page 19 of 81

As of this date I do not know if the fees for this application have been paid

Options

1 Council may recommend approval for this establishment pending the payment of all city fees

2 Council may recommend denying the license for this establishment if reasonable grounds can be established

3 Council may impose an option of its own choosing

Recommended Motion

Option 1 I move to recommend approval of the above liquor license request pending payment of all fees

Attachments

Liquor license application for Additional Privilege

Memo Prepared by

Sergeant Justin Hedlund 46248

Page 20 of 81

reg Read ImportantOregon law requires that every applicant for a liquorlicense obtain a written recommendationfrom the governing body of the county if the place of business of the applicant is outside theincorporated city or from the city councilif the place of business of the applicant is within anincorporated city You must take the attached a lication forms to the a ro riategoverning body After the endorsement process is completed a representative from the city orcounty willcontact you to pick up the application You may deliver the application to the OLCCoffice or retain it until it is requested by the license investigator

Oregon Liquor Control Commission200 Hawthorne Avenue SE Suite Bmdash210Salem OR 97301

Questions Call (503) 378-4871

Page 21 of 81

OREGON LIQUORCONTROLCOMMISSION

LIQUORLICENSEAPPLICATION1 Application Do not includeany OLCCfees with your application packet (the licensefee willbe collected at a latertime) Application is being madefor

LicenseApplied For CITYAND COUNTYUSEONLYBrewery 1st LocationBrewery 2nd LocationBrewery 3rd Location

BrewerymdashPublicHouse 1st LocationBrewery-Public House Znd LocationBrewerymdashFublicHouse 3rd LocationDistillery

Date application received andordate stamp

Name of City or County

FullOn~Premises CommercialFullOnmdashPremisesCatererFull OnmdashPremisesPassenger Carrier

FullOn~Premises Other Public LocationFullOnmdashPremisesFor Profit Private Club

Recommends this license be

III Granted D Denied

FullOnmdashPremisesNonprofit Private Club By

Grower Sales Privilege 1st Location

E Grower Sales Privilege 2nd Location Datelsquo

Grower Sales Privilege 3rd Location OLCCUSEONLYLimited On~Premises

Dateapplictiop receivedOffmdashP lsquo

XI remises

Off-Premises with Fuel PumpsK

V lsquo

Warehouse

ByWholesale Malt Beverage amp Wine

Winery 1st Location LicenseAction(s)Winery Znd Location

Winery 3rd Location

Winery 4th Location He _ Winery 5th Location I IIraquo

2 ldentifythe app|icant(s) applyingforthe license(s) ENTITY(example corporation or LLC)or IND|VlDUAL(S)applyingfor the license(s)

__ raquomdash F7)lee leeSTPiTOs3LLC EmsectQEoCgcEm

(Applicant1) (Applicant2)w JUN

mt I

(Applicant3) (Applicant4) REU_w_lsquo _ -KJI

3 Trade Name ofthe Business (Name Customers Will See)

rdquozTrsigtsectT1rsquorIOlsquovlsquo)4 Business Address (Number and Street Address of the Location that will have the liquor license)

euro7 3 H-IMFraquo STCity ZipCelNraquoDeuroPtNDtNltE rsquoigtoLg 733i

County

OLCCLiquor License Application (Rev 1110)

Page 22 of 81

TtEliigtsectTlTOM5 Trade Name of the Business (Name Customers WillSee)

6 Does the business address currently have an OLCCliquor license E YESlNo7 Does the business address currently have an OLCCmarijuana license EYESXJNO

VDTEOK318 MailingAddressPOBox Number Street Rural Route (where the OLCCwillsend your mail)

City

sectPxE

State

GELZip Code

973019 Phone Number of the Business Location

Btu3amp3 I 17w10 EmailContact for this Application

xxoLtCoIVi11 Contact Person for this Application

Otilsect ilElsquotM

VierctP one Number

OmrsquoSlWtCW3rsquoContact Persons Mailing Address (if different)

701eatevtao we seCity

Sltuim

State Zip Code

OR 0tlsquoIsect07__

Please note that liquor license applications are public records A copy of the application will be posted on the OLCC

website for a period of several weeks

I understand that marijuana (such as use consumption ingestion inhalation samples give-away sale etc) isprohibited on

the licensedpremises

I attest that allanswers on all forms documents and information provided to the OLCCare true and complete

Applicant Signatu rels)

- Each individual person listed as an applicant must sign the application

0 if an applicant is an entity such as a corporation or LLCat least one person who is authorized to sign for the entity

must sign theapplication- A person with the authority to sign on behalf of the applicant (such as the applicants attorney or a person with

power of attorney) may sign the application Ifa person other than an applicant signs the application please

wideroo fsignatureauthority

(A (Applicant2)

(App|icant3) (App|icant4)

otcc Liquor License Application (Rev 11201

Page 23 of 81

OREGON LIQUOR CONTROL COMMISSION

BUSINESS INFORMATION

Please Print or Type

Applicant Name ItET9 StPtT1gtsectgt Phone euroL FZFIVITrade Name (dba) THETAP 3 Tioixs

Business Location Address

City BEPEHDEMCF ZIP Code Ci73sectl

DAYSAND HOURS OF OPERATION

Business Hours Outdoor Area HoursSunday 7mdash- to E2314 Sunday

toMondairsquo __i T0_m MondayTU95daY A I0 E TuesdayWednesday i to WednesdayThursday 3 to

EIFriday __L to __jSaturday IS to I

The outdoor area is used for

KlsquoFood service

Aicohol service

Hours

to

area is adequately viewed andorused by Service Pennittees

(investigators Initials)

Seasonal Variations l31YesEl No if yes explain USEH-qkxig LQ1+JTiZHOOKZRuse Co-mgt-q HRS QceemdashClsquonpoundboeuroeuroeuroJiigtmecent HDUKB

ENTERTAINMENT Check anthat app|y DAYS amp HOURS OF LIVE OR DJ MUSIC

MLive Music E Karaoke

tE Recorded Music D CommdashoperatedGames sectrj3 tgDJ Music B Video Lottery Machines Tuesday to

Wednesday toD Dancing WSocial Gaming Thursday SIDSFriday g to D Nude Entertainers D Pool Tables Saturday 3 to I

D Other

SEATINGCOUNT

Restaurant Outdoor grCraquo OLCC USE ONLY

lsquobk Investigator Veried Seating__(Y) __(N)

Lounge _pound_ Other (explain)mvasgamllnmms

I

lsquo

Banquet Total Seating Date

I understand if my answei7euro)ote a complete the OLCC may deny my license application

Applicant SignatureU

-lsquo Date 3 Z3 lsquoT Z0101-800-452-OLCC (6522)

wwworegongovolcc yrsldquo 1207)Page 24 of 81

555 South Main Street Post Office Box 7 Independence OR 97351

Phone 503838-1212 Fax 503606-3282 email tpessemierciindependenceorus

TO Mayor and City Council FROM City Manager Tom Pessemier MEETING DATE April 14 2020 SUBJECT Approval of 5-year sales contract for

AXON services [ ] Information Only [ X ] Action Requested Statement of Issue A 5-year sales contract with AXON for body-worn cameras Tasers and digital cloud-based storage with software interface is submitted for council consideration Background In 2014 the City of Independence started using body worn cameras in the police department We started by testing different platforms selecting AXON as our preferred provider then negotiated a 5-year contract which was partially grant funded Our current contract expires this month and we have negotiated a new contract for Council consideration Discussion Included in the contract being considered today AXON provides body cameras and Tasers for our officers and CSOrsquos training and training aids and Taser devices for our patrol staff to wear while on patrol These devices are covered under a warranty for the life of the contract as well as a provision for camera replacement around the half-way point of the contract to the newest technology available Certification training for our instructor to be certified to train our staff and other training materials are also included The sales contract also includes software and cloud storage of video The AXON platform which we currently use allows us the ability to transfer video directly to the DArsquos office or others electronically rather than having to build DVDrsquos of video which has saved our records department a lot of time It also provides the ability for citizens to upload video directly to our AXON cloud as well as video redaction capabilities which allows us to comply with Oregon law

CITY OF INDEPENDENCE MEMORANDUM

Page 25 of 81

555 South Main Street Post Office Box 7 Independence OR 97351

Phone 503838-1212 Fax 503606-3282 email tpessemierciindependenceorus

Fiscal Impact The total 5-year contract cost is $131786 broken into annual payments of $26357 Funds are available for this fiscal year in the police department operating budget Funds would be included in the police department budget request for contract years 2-5 Options

1 Approve the contract as proposed 2 Approve the contract with amendments 3 Take no action

RecommendationSuggested Motion Staff recommends Option 1

ldquoI move to authorize the City Manager to sign a service contract for body worn cameras tasers and cloud storage with AXONrdquo Attachments

A Proposed AXON contract

Memo prepared by Robert Mason Police Chief

Page 26 of 81

Payment Terms Net 30

Delivery Method Fedex - Ground

Q-251225-43927723KP

Year 1

Item DescriptionTerm

(Months)Quantity

List Unit

Price Net Unit Price Total (USD)

Axon Plans amp Packages

20248 TASER 7 EVIDENCECOM ACCESS LICENSE 60 1 000 000 000

73687 EVIDENCECOM VIEWER LICENSE 60 1 000 000 000

73746 PROFESSIONAL EVIDENCECOM LICENSE 60 11 000 000 000

73686EVIDENCECOM UNLIMITED AXON DEVICE

STORAGE60 11 000 000 000

73683 10 GB EVIDENCECOM A-LA-CART STORAGE 60 110 000 000 000

73449 AWARE LICENSE 60 11 000 000 000

20248 TASER 7 EVIDENCECOM ACCESS LICENSE 60 11 000 000 000

20246TASER 7 DUTY CARTRIDGE REPLACEMENT

ACCESS LICENSE60 11 000 000 000

73683 10 GB EVIDENCECOM A-LA-CART STORAGE 60 10 000 000 000

73840 EVIDENCECOM BASIC ACCESS LICENSE 60 10 000 000 000

Hardware

20160TASER 7 HOLSTER - SAFARILAND RH+CART

CARRIER11 000 000 000

75015 SIGNAL SIDEARM KIT 11 000 000 000

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

Issued 04062020

Quote Expiration 05152020

Account Number 110011 Axon Enterprise Inc17800 N 85th St

Scottsdale Arizona 85255

United States

Phone (800) 978-2737

Protect Life

PRIMARY CONTACT

Justin Hedlund

Phone (503) 837-1109

Email hedlundjustinciindependenceorus

BILL TO

Independence Police Dept - OR

P O Box 7

Independence OR 97351

US

SHIP TO

Justin Hedlund

Independence Police Dept - OR

555 S Main Street

Independence OR 97351

US

SALES REPRESENTATIVE

Kyle Panasewicz

Phone (480) 905-2071

Email kylepaxoncom

Fax (480) 658-0673

Q-251225-43927723KP

1

Page 27 of 81

Year 1 (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware (Continued)

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

20014TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE STANDOFF (322 000 000 000

20015TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE CLOSE QUART22 000 000 000

20008TASER 7 HANDLE HIGH VISIBILITY (GREEN

LASER) CLASS 3R11 000 000 000

20040 TASER 7 HANDLE WARRANTY 4-YEAR 11 000 000 000

20018 TASER 7 BATTERY PACK TACTICAL 13 000 000 000

20041TASER 7 BATTERY PACK WARRANTY 4-

YEAR13 000 000 000

20042TASER 7 DOCK amp CORE WARRANTY 4-

YEAR1 000 000 000

70033WALL MOUNT BRACKET ASSY

EVIDENCECOM DOCK1 000 000 000

74200 TASER 7 6-BAY DOCK AND CORE 1 000 000 000

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)33 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)33 000 000 000

20016TASER 7 INERT CARTRIDGE STANDOFF

(35-DEGREE)1 000 000 000

20017TASER 7 INERT CARTRIDGE CLOSE

QUARTERS (12-DEGREE)1 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

73202 AXON BODY 3 - NA10 5 69900 63260 316300

74028 WING CLIP MOUNT AXON RAPIDLOCK 5 000 000 000

11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 5 000 000 000

Other

73810 OFFICER SAFETY PLAN 7 60 11 000 000 000

Not Eligible

TASER 7

INSTRUCTO

R COURSE

VOUCHER

Not Eligible TASER 7 INSTRUCTOR COURSE

VOUCHER1 000 000 000

Protect LifeQ-251225-43927723KP

2

Page 28 of 81

Year 1 (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Other (Continued)

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 132442 1456862

Not Eligible

TASER 7

MASTER

INSTRUCTO

R SCHOOL

VOUC

Not Eligible TASER 7 MASTER INSTRUCTOR

SCHOOL VOUCHER1 000 000 000

Not Eligible

Target and

Frame

Not Eligible Target and Frame 11 000 000 000

Not Eligible

Halt SuitNot Eligible Halt Suit 1 000 000 000

20135OCULUS GO STANDALONE VIRTUAL

REALITY HEADSET1 000 000 000

20247TASER 7 ONLINE TRAINING CONTENT

ACCESS LICENSE60 11 000 000 000

20249VR EMPATHY DEVELOPMENT AUTISM

SCHIZOPHRENIA ACCESS LICENSE60 11 000 000 000

73827 AB3 CAMERA TAP WARRANTY 60 5 000 000 000

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2118510

Estimated

Shipping000

Estimated Tax 000

Total 2118510

Year 1 - TAP Refresh

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

74210 AXON BODY 3 - 8 BAY DOCK 2 000 000 000

73202 AXON BODY 3 - NA10 11 000 000 000

74028 WING CLIP MOUNT AXON RAPIDLOCK 16 000 000 000

11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 11 000 000 000

73202 AXON BODY 3 - NA10 1 69900 000 000

74028 WING CLIP MOUNT AXON RAPIDLOCK 1 000 000 000

11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 1 000 000 000

Protect LifeQ-251225-43927723KP

3

Page 29 of 81

Year 1 - TAP Refresh (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Other

73828 AB3 8 BAY DOCK TAP WARRANTY 60 2 000 000 000

73827 AB3 CAMERA TAP WARRANTY 60 11 000 000 000

71019NORTH AMER POWER CORD FOR AB3 8-

BAY AB2 1-BAY 6-BAY DOCK2 000 000 000

73827 AB3 CAMERA TAP WARRANTY 60 1 000 000 000

Subtotal 000

Estimated Tax 000

Total 000

Year 1 - T7 Certification

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Axon Plans amp Packages

20248 TASER 7 EVIDENCECOM ACCESS LICENSE 60 6 000 000 000

20246TASER 7 DUTY CARTRIDGE REPLACEMENT

ACCESS LICENSE60 6 000 000 000

Hardware

20160TASER 7 HOLSTER - SAFARILAND

RH+CART CARRIER6 000 000 000

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

20014TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE STANDOFF (312 000 000 000

20015TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE CLOSE QUART12 000 000 000

20008TASER 7 HANDLE HIGH VISIBILITY (GREEN

LASER) CLASS 3R6 000 000 000

20040 TASER 7 HANDLE WARRANTY 4-YEAR 6 000 000 000

20018 TASER 7 BATTERY PACK TACTICAL 6 000 000 000

20041TASER 7 BATTERY PACK WARRANTY 4-

YEAR6 000 000 000

20016TASER 7 INERT CARTRIDGE STANDOFF

(35-DEGREE)1 000 000 000

20017TASER 7 INERT CARTRIDGE CLOSE

QUARTERS (12-DEGREE)1 000 000 000

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)18 000 000 000

Protect LifeQ-251225-43927723KP

4

Page 30 of 81

Year 1 - T7 Certification (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware (Continued)

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)18 000 000 000

20050 HOOK-AND-LOOP TRAINING (HALT) SUIT 1 75000 67875 67875

Other

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

Not Eligible

TASER 7

INSTRUCTO

R COURSE

VOUCHER

Not Eligible TASER 7 INSTRUCTOR COURSE

VOUCHER1 000 000 000

Not Eligible

Taser 7

Evidenceco

m Admin

License

Not Eligible Taser 7 Evidencecom Admin

License1 000 000 000

Not Eligible

TASER 7

MASTER

INSTRUCTO

R SCHOOL

VOUC

Not Eligible TASER 7 MASTER INSTRUCTOR

SCHOOL VOUCHER1 000 000 000

Not Eligible

Target and

Frame

Not Eligible Target and Frame 6 000 000 000

Not Eligible

Halt SuitNot Eligible Halt Suit 1 000 000 000

Not Eligible

for VR

Headset

Not Eligible for VR Headset 1 000 000 000

20247TASER 7 ONLINE TRAINING CONTENT

ACCESS LICENSE60 6 000 000 000

20249VR EMPATHY DEVELOPMENT AUTISM

SCHIZOPHRENIA ACCESS LICENSE60 6 000 000 000

80087TASER 7 TARGET CONDUCTIVE

PROFESSIONAL (RUGGEDIZED)1 15000 13575 13575

Protect LifeQ-251225-43927723KP

5

Page 31 of 81

Year 1 - T7 Certification (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Other (Continued)

20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 49500 44798 44798

Subtotal 517208

Estimated Tax 000

Total 517208

Year 1 - Trade In

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Other

20104 TASER 7 TRADE-IN UPFRONT PURCHASE 17 000 000 000

Subtotal 000

Estimated Tax 000

Total 000

Year 2

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

Other

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 172674 1899414

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2635722

Estimated Tax 000

Total 2635722

Protect LifeQ-251225-43927723KP

6

Page 32 of 81

Year 3

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

20014TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE STANDOFF (322 000 000 000

20015TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE CLOSE QUART22 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

20014TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE STANDOFF (312 000 000 000

20015TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE CLOSE QUART12 000 000 000

Other

73309 AXON BODY CAMERA REFRESH ONE 11 000 000 000

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 172674 1899414

73689 MULTI-BAY BWC DOCK MID REFRESH 2 000 000 000

73309 AXON BODY CAMERA REFRESH ONE 1 000 000 000

73309 AXON BODY CAMERA REFRESH ONE 5 000 000 000

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2635722

Estimated Tax 000

Total 2635722

Protect LifeQ-251225-43927723KP

7

Page 33 of 81

Year 4

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

Other

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 172674 1899414

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2635722

Estimated Tax 000

Total 2635722

Year 5

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

Protect LifeQ-251225-43927723KP

8

Page 34 of 81

Year 5 (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware (Continued)

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

Other

73310 AXON BODY CAMERA REFRESH TWO 11 000 000 000

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 172674 1899414

73688 MULTI-BAY BWC DOCK FINAL REFRESH 2 000 000 000

73310 AXON BODY CAMERA REFRESH TWO 1 000 000 000

73310 AXON BODY CAMERA REFRESH TWO 5 000 000 000

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2635722

Estimated Tax 000

Total 2635722

Grand Total 13178606

Protect LifeQ-251225-43927723KP

9

Page 35 of 81

Summary of Payments

Payment Amount (USD)

Year 1 2118510

Year 1 - TAP Refresh 000

Year 1 - T7 Certification 517208

Year 1 - Trade In 000

Year 2 2635722

Year 3 2635722

Year 4 2635722

Year 5 2635722

Grand Total 13178606

Discounts (USD)Quote Expiration 05152020

List Amount 15120900

Discounts 1942294

Total 13178606

Total excludes applicable taxes

Protect LifeQ-251225-43927723KP

10

Page 36 of 81

Notes

The parties agree that Axon is granting a credit of $306000 (applied to Year 1 Payment) for trade-in of CEW hardware This credit is based on a ship date range of 512020-

5152020 resulting in a 612020 contract start date Any change in this ship date and resulting contract start date will result in modification of this credit value which may

result in additional fees due to or from Axon

Axon BWC hardware contained in this quote is at zero cost as a TAP refresh of contracts 00004618 and 00010394 The parties agree that all TAP obligations of contracts

00004618 and 00010394 have been fulfilled

Purchase of TASER 7 are governed by the TASER 7 Agreement located at httpswwwaxoncomlegalsales-terms-and-conditions and not the Master Services and

Purchasing Agreement referenced below

Tax is subject to change at order processing with valid exemption

Axonrsquos Sales Terms and Conditions

This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axonrsquos Master Services and Purchasing Agreement

(posted at wwwaxoncomlegalsales-terms-and-conditions) as well as the attached Statement of Work (SOW) for Axon Fleet andor Axon Interview

Room purchase if applicable Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions By

signing below you represent that you are lawfully able to enter into contracts If you are signing on behalf of an entity (including but not limited to the

company municipality or government agency for whom you work) you represent to Axon that you have legal authority to bind that entity If you do not

have this authority please do not sign this Quote

Signature CustSIG Date CustDate

Name (Print) CustName Title CustTitle

PO (Or write

NA) CustPo

Please sign and email to Kyle Panasewicz at kylepaxoncom or fax to (480) 658-0673

Thank you for being a valued Axon customer For your convenience on your next order please check out our online store buyaxoncom

The trademarks referenced above are the property of their respective owners

Protect LifeQ-251225-43927723KP

11

Axon Internal Use Only

Review 1 Review 2

SFDC Contract

Order Type

RMA

Address Used

SO

Comments

Page 37 of 81

Page 38 of 81

555 South Main Street Post Office Box 7 Independence OR 97351Phone 503838-1212 Fax 503606-3282 email kjohnsonciindependenceorus

TO Mayor and City CouncilFROM Shawn Irvine Economic Dev Dir

MEETING DATE April 14 2020SUBJECT Resolution Rural Business

Development Grant Application

[ ] Information Only [ X ] Action Requested

Statement of Issue Staff is requesting Council approve a resolution supporting a grant application to fund the development of a shared-use commercial kitchen facility downtown

BackgroundFor several years the City has worked with local and regional partners to support entrepreneurship and the growth of small businesses These classes and programs have supported a number of successful businesses including several located downtown The past two years the City has partnered with IndyCommons ndash the downtown co-working space ndash to run a series of meetups and classes intended to identify potential business clusters within the communityrsquos entrepreneurs Food-based businesses were the top cluster identified

The mid-Willamette Valley is the largest and most diverse agricultural production region in the state with over 170 different crops being grown It also has a concentration of large and small value-added food products companies that leverage the diverse agricultural products for their businesses The USDArsquos Rural Business Development Grant program supports proposals that offer assistance and training for small businesses in rural communities

DiscussionOver the last decade development of a shared-use commercial kitchen has come up several times in the Cityrsquos regional economic development work These facilities allow licensed users to rent the space on an hourly basis for trying new recipes developing new products and small-scale production The ability to rent a licensed facility enables entrepreneurs to test their ideas and products prior to making the significant investment into building their own commercial kitchen While there has been strong and consistent interest in such a facility from entrepreneurs it is a complex enough project that nobody was willing to be the organizer and operator

IndyCommons opened four years ago successfully bringing the shared space co-working model to downtown Independence Last year the company spun off a new non-profit IndyIdeaHub to support entrepreneurship programming and development in the community and region With the success of the co-working space and the new non-profit IndyCommons is ready to tackle a shared-use commercial kitchen They have leased the neighboring space in their building and plan to operate a shared kitchen and event space with ldquomicro retailrdquo in the storefront Micro retail rents shelf space to entrepreneurs instead of an entire store reducing the startup cost for a new product company and enabling them to test the market for new products without the cost of renting an entire store The kitchen event space and micro retail

CITY OF INDEPENDENCEMEMORANDUM

Page 39 of 81

555 South Main Street Post Office Box 7 Independence OR 97351Phone 503838-1212 Fax 503606-3282 email kjohnsonciindependenceorus

space would work in concert creating a kind of food incubator while also drawing people downtown for pop up dinners and other events

IndyCommons is leasing the space and the Cityrsquos grant application would support the non-profitrsquos work to outfit and operate the kitchen while offering business development programs The grant will request approximately $90000 matched with funds from IndyCommons and a $60000 Rural Opportunity Initiative grant the City received through Business Oregon which supports programming for food-based entrepreneurship

While the City is requesting the grant and supporting development of this kitchen facility its users will not be limited just to Independence residents As with IndyCommons anyone willing to travel to the facility and pay the rental fee will be able to use it Programs and classes will also be open to anyone from the region

Fiscal Impact Staff time will be spent writing the grant and if awarded coordinating the project No City funds will be used as match for this project

Options1 Approve the resolution as submitted2 Approve the resolution with amendments3 Take no action

RecommendationSuggested MotionStaff recommends Option 1

Suggested motion ldquoI move to approve Resolution 20-1526 Authorizing the City to Apply for a Rural Business Development Grantrdquo

AttachmentsA Resolution 20-1526

Page 40 of 81

Page 1 of 2 Resolution 20-1526 Authorizes USDA Grant Application

BEFORE THE CITY COUNCIL OF THE CITY OF INDEPENDENCE

COUNTY OF POLK STATE OF OREGON

IN THE MATTER OF AUTHORIZING THE CITY ]OF INDEPENDENCE TO APPLY FOR A RURAL ]BUSINESS DEVELOPMENT GRANT FROM THE ]UNITED STATES DEPARTMENT OF AGRICULTURE ]FOR DEVELOPMENT OF A SHARED-USE ]COMMERCIAL KITCHEN FACILITY AND ]DELEGATING AUTHORITY TO THE CITY ]MANAGER TO SIGN THE APPLICATION ]

RESOLUTION 20-1526

A RESOLUTION AUTHORIZING APPLICATION FOR USDA GRANT

WHEREAS the USDA is accepting applications for its Rural Business Development Program and

WHEREAS the City of Independence has the capacity to administer the grant and desires to participate in this grant program to the greatest extent possible as a means of providing needed business development and entrepreneurship programming and

WHEREAS Staff have identified development of food-based businesses as a successful regional business cluster which could be expanded within the City of Independence and

WHEREAS local and regional economic development plans have identified a shared-use commercial kitchen as an important asset to reduce barriers to entry for food-based startup businesses and

WHEREAS the City of Independence has an existing partnership with IndyCommons to support entrepreneurship and business development within the community and

WHEREAS the City of Independence has available matching funds from the State of Oregonrsquos Rural Opportunity Initiative which will fund food-based business programming and services at the new kitchen facility and

Page 41 of 81

Page 2 of 2 Resolution 20-1526 Authorizes USDA Grant Application

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF INDEPENDENCE AS FOLLOWS

Section 1 The City Council demonstrates its support for the submittal of a grant application to the United States Department of Agriculture for development of a shared-use commercial kitchen and delegates authority to sign grant documents to City Manager Tom Pessemier

Section 2 This Resolution shall be effective following its adoption by the City Council

Passed by the City Council this 14th of April 2020

Effective Date April 14 2020Signed by the Mayor April 14 2020

__________________________John McArdle Mayor

ATTEST

_______________________Karin Johnson MMCCity Recorder

Page 42 of 81

555 South Main Street Post Office Box 7 Independence OR 97351Phone 503838-1212 Fax 503606-3282 email tpessemierciindependenceorus

TO Mayor and City CouncilFROM City Manager Tom Pessemier

MEETING DATE April 14 2020SUBJECT Approval of IGA Mid-Willamette Valley

Homeless Alliance Continuum of Care

[ ] Information Only [ X ] Action Requested

Statement of IssueAn Inter-Governmental Agreement concerning the Mid-Willamette Valley Homeless Alliance is submitted for council consideration

BackgroundIn 2019 the City of Independence along with the cities of Monmouth Keizer Salem the Salem-Keizer School District Polk and Marion counties and the Confederated Tribes of Grand Ronde and with the Mid-Willamette Valley Council of Governments (COG) formally organized the Mid-Willamette Valley Homeless Alliance (MWVHA) which serves as our regionrsquos Continuum of Care (CoC) The CoC is committed to the goal of preventing and ending homelessness within Polk and Marion counties The CoC was recognized by the US Housing and Urban Development Department (HUD) on 12-11-19 and to that end a formal Governance Charter was approved by the MWVHA Board of Directors on 2-13-20

The MWVHA Board of Directors is a collaboration of the members and the COG has provided administrative support for the member governments The MWVHA is not a legal entity and HUD regulations require a legal entity to serve as the Collaborative Applicant for a Continuum of Care therefore an ORS 190 entity (Inter-Governmental Agreement or IGA) is proposed to be formed to allow the member governments to contract with the COG to provide services and for the COG to be reimbursed

DiscussionTime is of the essence this IGA establishes the terms and conditions under which the member governments will coordinate to support the MWVHA through contracting with the COG to serve as the Collaborative Applicant This IGA is a short-term solution until a new entity is designated and would expire on August 13 2020

Fiscal ImpactNo additional fiscal impact Funds have been reservedbudgeted for this project

Options1 Approve the IGA as proposed2 Approve the IGA with amendments3 Take no action

RecommendationSuggested Motion

CITY OF INDEPENDENCEMEMORANDUM

Page 43 of 81

555 South Main Street Post Office Box 7 Independence OR 97351Phone 503838-1212 Fax 503606-3282 email tpessemierciindependenceorus

Staff recommends Option 1

ldquoI move to approve the cityrsquos participation in the ORS 190 concerning the Mid-Willamette Valley Homeless Alliance and to authorize the City Manager to sign the related documentsrdquo

AttachmentsA Interim IGAB COG Scope of WorkC MWHA Governance Charter

Memo prepared by Karin Johnson City Recorder

Page 44 of 81

1 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

1 PARTIES TO AGREEMENT

This Agreement by and between the Confederated Tribes of the Grand Ronde (ldquoGrand Ronderdquo) Marion County (ldquoMarionrdquo) Polk County (ldquoPolkrdquo) and the Cities of Independence (ldquoIndependencerdquo) Keizer (ldquoKeizerrdquo) Monmouth (ldquoMonmouthrdquo) Salem (ldquoSalemrdquo) the Salem-Keizer School District (ldquoSalem-Keizerrdquo) collectively the ldquoMember Governmentsrdquo and the Mid-Willamette Valley Council of Governments (ldquoCOGrdquo) is made pursuant to ORS 190010

2 AUTHORITY This Agreement is established under the authority of Oregon Revised Statutes (ORS) Chapter 190

3 BACKGROUNDa The Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo) was formed on

September 24 2019 and recognized by the US Housing and Urban Development Department (ldquoHUDrdquo) on December 11 2019 for the Polk County and Marion County region to carry out the purposes of the HUD Continuum of Care program described in 24 CFR Part 578

b The Alliance Charter was approved by the Alliance Board of Directors on February 13 2020 (Attachment 1)

c The Alliance is a collaboration of the Member Governments non-profit service organizations and community members and is not a legal entity

d The Member Governments have made financial contributions for the 2019-2020 Fiscal Year which are being managed by COG

e The Member Governments have agreed to make financial contributions to support the Alliance for the 2020-2021 Fiscal Year subject to budgetary approval as approved by the Alliance Board of Directors (Attachment 2)

f HUD regulations require a legal entity to serve as the Collaborative Applicant for a Continuum of Care such as the Alliance

g The COG has been providing administrative support and other resources for the Alliance including contract management for independent contractors engaged by COG at the request of the Alliance During this time the Member Governments have directly paid their contribution amounts to COG to manage those funds for the Alliance

h The COG has agreed on an interim basis to continue to provide administrative support and other resources in addition to serving as the Collaborative Applicant for

Page 45 of 81

2 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

the Alliance until an ORS 190 entity has been formed and designated by the Alliance Board of Directors to serve as the Collaborative Applicant

i The Alliance Board of Directors approved the execution of this Agreement for a term to expire on August 13 2020 to allow the Member Governments to contract with the COG to provide Collaborative Applicant services and reimburse COG for services

4 PURPOSE

The purpose of this Agreement is to establish the terms and conditions under which the Member Governments will coordinate to support the Alliance through contracting with COG to serve as the Collaborative Applicant for the Alliance pursuant to 24 CFR Part 578 The parties understand and agree that this Agreement serves as an interim solution to allow COG to serve as the Collaborative Applicant and be reimbursed for its costs until a new entity is designated

5 TERM AND TERMINATION

51 This Agreement shall be effective from the date upon which the last signature is affixed hereto and shall expire on August 13 2020 unless otherwise earlier terminated or extended

52 This Agreement may be terminated by mutual consent of all parties hereto Any such termination of this Agreement shall be without prejudice to any obligations or liabilities of any party already accrued prior to such termination

6 FUNDING AND BILLING

61 The Member Governmentsrsquo fiscal year 2020-2021 contributions as set forth in Attachment 2 shall be made to COG subject to the individual Member Governmentrsquos budgetary approval Nothing in this Agreement binds any Government Member to any specific financial contribution after the 2020-2021 fiscal year

62 COG shall be reimbursed for its expenses already incurred in support of the Alliance from January 1 2020 to the effective date of this Agreement COGrsquos expenses prior to July 1 2020 shall be reimbursed from the Member Governmentsrsquo Fiscal Year 2019-2020 contributions and COGrsquos expenses for the period of July 1 2020 to the termination of this Agreement shall be from the Member Governmentsrsquo Fiscal Year 2020-2021 contributions COG shall submit an invoice to the Alliance Board for its approval for COGrsquos Fiscal Year 2019-2020 expenses no later than August 30 2020 and shall submit an invoice to the Alliance Board for its approval for COGrsquos Fiscal Year 2020-2021 expenses no later than September 30 2020

63 COGrsquos expenses under this Agreement shall not exceed the total amount of funds contributed by the Member Governments and any contributions from other members of the Alliance donations or grants provided to COG for the benefit of the Alliance subject to the rates for specific services as set forth in the Scope of Work As set forth in the Scope of

Page 46 of 81

3 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

Work COG shall provide timely financial reports to the Alliance and shall ensure that expenses do no exceed available resources approved by the Member Governments through the Alliance Board

7 OBLIGATIONS UNDER THE TERMS OF THIS AGREEMENT

71 MEMBER GOVERNMENTS agree to

a Make timely payment to COGb Maintain good standing as a member of the Alliancec Collaborate in good faith with other Member Governments to create a new ORS 190

entity to serve as the Collaborative Applicant for the Alliance

72 COG agrees to

Serve as the Collaborative Applicant for the Alliance and perform other duties as established in the Scope of Work (Attachment 3)

8 DESIGNATION OF SUCCESSOR COLLABORATIVE APPLICANT

The Member Governments understand and agree that the Alliance is required to have a Collaborative Applicant as that term is defined in 24 CFR Part 57815 which must be a legal entity The Alliance Board has indicated a desire that the Member Governments form an intergovernmental entity to serve that purpose Time is of the essence to designate a successor Collaborative Applicant and the Member Governments agree to work cooperatively and in a timely manner to agree on the new Collaborative Applicant The Member Governments also agree they will create a new intergovernmental entity to serve in that role

9 COMPLIANCE WITH APPLICABLE LAWS

The parties agree that both shall comply with all applicable federal state and local laws and ordinances applicable to the parties and the work to be done under this Agreement The parties agree that this Agreement shall be administered and construed under the laws of the state of Oregon Nothing in this Agreement shall be considered a waiver of tribal sovereign immunity

10 NONDISCRIMINATION

The parties agree to comply with all applicable requirements of federal state and local civil rights statutes rules and regulations in the performance of this Agreement

11 HOLD HARMLESSThe parties agree to indemnify and hold harmless each other for from and against all claims costs expenses (including attorney fees) losses damages fines charges actions or other liabilities solely to the extent arising from their own intentional or negligent acts or those of their agents contractors or employees and to the extent applicable the above indemnification is

Page 47 of 81

4 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

subject to and shall not exceed the limits of the Oregon Tort Claims Act (ORS 30260 through 30300) and the Oregon Constitution The parties intend to provide reciprocal indemnity obligations The parties acknowledge that the Oregon Tort Claims Act does not limit the liability of Grand Ronde in the same manner as the other parties Accordingly the parties agree Grand Rondersquos indemnity shall not exceed the indemnification limits of any other party

12 INSURANCE

Each party shall insure or self-insure and be independently responsible for the risk of its own liability for claims within the scope of the Oregon tort claims act (ORS 30260 to 30300) The parties intend to provide reciprocal liability insurance obligations The parties acknowledge that the Oregon Tort Claims Act does not apply to Grand Ronde in the same manner as other parties Accordingly the parties agree that Grand Ronde shall self-insure in an amount consistent with the liability for claims of any other party

13 MERGER CLAUSEParties concur and agree that this Agreement constitutes the entire agreement between the parties No waiver consent modification or change to the terms of this agreement shall bind either party unless in writing and signed by both parties There are no understandings agreements or representations oral or written not specified herein regarding this agreement Parties by the signatures below of their authorized representatives hereby agree to be bound by its term and conditions

Page 48 of 81

5 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

THE CONFEDERATED TRIBES OF THE GRAND RONDE COMMUNITY OF OREGON

__________________________________ ________________________ Cheryle A Kennedy DateTribal Council Chairwoman

Page 49 of 81

6 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

CITY OF INDEPENDENCE

__________________________________ _____________________Tom Pessemier DateCity Manager

Page 50 of 81

7 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

CITY OF KEIZER

__________________________________ ________________________Christopher Eppley DateCity Manager

Approved as to form

________________________________________Keizer City Attorney

Page 51 of 81

8 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

CITY OF MONMOUTH

__________________________________ _____________________Chad Olsen DateInterim City Manager

Page 52 of 81

9 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

MARION COUNTY BOARD OF COMMISSIONERS

__________________________________Chair

__________________________________Commissioner

__________________________________Commissioner

Date _____________________

Page 53 of 81

10 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

POLK COUNTY BOARD OF COMMISSIONERS

__________________________________Commissioner

__________________________________Commissioner

__________________________________Commissioner

Date _____________________

Page 54 of 81

11 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

SALEM-KEIZER PUBLIC SCHOOLS

_____________________________________ _____________________Marty Heyen Chairperson Board of Directors DateSalem-Keizer Public Schools

Page 55 of 81

12 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

CITY OF SALEM

__________________________________ _____________________Steve Powers DateCity Manager

Page 56 of 81

13 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

__________________________________ _______________________Renata Wakeley DateActing Executive Director

Page 57 of 81

Page 58 of 81

1

MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

SCOPE OF WORK FOR THE MID-WILLAMETTE VALLEY HOMELESS ALLIANCE COG shall undertake the following items in performance of this Agreement

1 Finance a Manage and process accounts payable and accounts receivable b Maintain records of project expenditures and revenues in COG financial

management system c Maintain copies of personal services contracts and other contracts for goods and

services under this Agreement d Provide monthly financial report to the Alliance Board e Provide support to and project financial statements in annual audit f Incorporate project expenditures and revenues into COG budget forecast prepare

budget documents for Alliance Board approval g Provide documentation of internal controls and other financial policies and

procedures to HUD upon request h Manage HUD planning grant when awarded Assure planning grant expenditures

made by the project are allowable per HUD regulations i Prepare any required financial reports associated with the planning grant j Accept and record Alliance member contributions and k Invoice members for annual project contributions and track contribution receipts

2 Administrative Support

a Attend Alliance Board meetings and executive committee meetings prepare draft minutes and maintain meeting records

b Assist the Alliance in scheduling meetings and other meeting-related tasks including merging documents for the meeting packet

c Schedule meeting space when available facilitate meeting logistics and preparation including setting up meeting space copying documents making name cards setting up laptop and PowerPoint equipment connecting participants through conference phone

d Maintain email lists in conjunction with the Alliance e Notice meetings per Public Meetings Law requirements f Assist the Alliance in preparing and disseminating a quarterly Alliance newsletter

COG is not responsible for creating or obtaining content for the newsletter and g Maintain Homeless Initiative web page on the COG website and provide up to six

(6) hours a month of IT support for the newly acquired and licensed Homeless Initiative web page

3 Executive Director Support

a Negotiate and approve goods and personal service contracts and contract amendments upon request of the Alliance

b Approve payments for monthly invoices c Provide executive level advice and support in working with the COG board of

directors and COG members d Authorize legal services upon request of the Alliance

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2

e Authorize IT services upon request of the Alliance f Attend MWVHA board meetings as needed and g Serve as the Collaborative Applicant for the 2020 NOFA process sign required

application documents

4 IT Support a Support development and maintenance of the Alliance website and b Other projects upon request of the Alliance and approval of Executive Director

5 Legal Services upon request of the Alliance and approval of Executive Director

6 Rates for services provided by COG are set forth COGrsquos fee schedule attached hereto as

Exhibit 1 (COG Board of Directors Resolution 2019-06) COG modifies its fee schedule annually on or about on July 1 of each year COG may modify the fees under this Agreement by not more than 15 for any individual fee upon adoption of a fee schedule for the 20-21 fiscal year and providing the Member Governments 10-daysrsquo notice of the modified fees The rates for services set forth herein apply to this Agreement and COG reserves the right to propose different rates in any future agreement pursuant to COGrsquos adopted fee schedule

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1

MID-WILLAMETTE VALLEY HOMELESS ALLIANCE GOVERNANCE CHARTER

FINAL ndash Approved by the CoC Development Council on 10-24-19 ratified by the Mid-Willamette Valley Homeless Alliance Board of Directors on 2-13-20

ARTICLE I CONTINUUM OF CARE NAME AND PURPOSE

A NAME OF THE CONTINUUM OF CARE (COC) The name of this organization is the Mid-Willamette Valley Homeless Alliance which serves as the regionrsquos Continuum of Care herein referred to as ldquothe CoCrdquo

B CONTINUUM OF CARE (COC) OVERVIEW 1 GEOGRAPHIC BOUNDARIES The CoC represents the geographic region within the boundaries of Marion

and Polk counties 2 PURPOSE The CoC is organized to carry out the purposes of the US Housing and Urban Development

(HUD) Continuum of Care program as described in 24 CFR Part 578 The CoC promotes communitywide commitment to the goal of preventing and ending homelessness provides funding for efforts by nonprofit providers and state tribal and local governments to quickly rehouse homeless individuals including unaccompanied youth and families while minimizing the trauma and dislocation caused to homeless individuals families and communities by homelessness promotes access to and effective utilization of mainstream housing and homeless services programs by homeless individuals and optimizes self-sufficiency among individuals and families experiencing homelessness Its work includes gathering and analyzing data to determine local needs of and resources available to people experiencing homelessness developing and prioritizing a menu of strategic responses collaboratively implementing a strategic plan promoting service coordination educating the public on homeless issues providing advice and input on homeless services operations leveraging resources for maximum impact and measuring and promoting strong program performance Through collaborative efforts of local and tribal governments school districts nonprofit organizations and other participating stakeholders the CoC seeks to develop an evidence-based system of services including stable housing designed to meet the unique and complex needs of adults youth children and families in Marion and Polk counties who are at risk of or are experiencing homelessness ICLE 3 ndash GEOGRAPHIC RE

ARTICLE II CONTINUUM OF CARE GOVERNANCE STRUCTURE

A BOARD OF DIRECTORS 1 NAME The name of the CoC governing board is the Mid-Willamette Valley Homeless Alliance Board of

Directors herein referred to as the ldquoCoC Boardrdquo or the ldquoBoardrdquo The CoC has established a governing board as required by 24 CFR part 5787(a)(3) The Board is responsible for the overall policy and direction of the CoC and may delegate responsibility for day-to-day operations to staff and committees

2 VOTING MEMBERSHIP The Board will consist of at least thirteen (13) voting members that have no

conflicts of interest as defined in Article III of this charter and 24 CFR part 57895 Board members will

Page 65 of 81

2

serve without compensation Board membership includes representation from the following organizations or subpopulations

a One representative from each of the following organizations

i Union Gospel Mission a faith-based organization ii The Confederated Tribes of Grand Ronde iii Local governments

(a) City of Independence (b) City of Keizer (c) City of Monmouth (d) Polk County

iv Salem-Keizer School District (24J) v Salem Health vi Homeless or formerly homeless individuals appointed by the Law Enforcement Assisted Diversion

Program and vii United Way of the Mid-Willamette Valley a nonprofit organization

b Two representatives from the City of Salem and Marion County In the alternative pursuant to

Section 11 of Article 2 Marion County and the City of Salem may appoint one representative who may exercise two votes

3 EX-OFFICIO BOARD MEMBERS In addition seven (7) ex-officio participants may serve as non-voting ex-

officio board members participating in discussions and representing such groups as a Marion County Salem and West Valley Housing Authorities b Mid-Willamette Valley Community Action Agency c Polk County Veteran Services and d Co-chairs of the CoC Collaborative Committee

4 BOARD SELECTION PROCESS

a The initial CoC Board of Directors will be nominated by the Development Council established by a 2019 Memorandum of Agreement in consultation with the stakeholders workgroup

b Each organization nominated for representation on the CoC Board will identify persons to serve who hold elected or senior staff roles in decision-making for that organization

c Members serve at the pleasure of the CoC Board d Any directors representing organizations newly added to the Board by amendment to this charter

will be nominated and confirmed by vote of the CoC board e Pursuant to 24 CFR part 5787(a)(3) the CoC Board will submit this written selection process to the

CoC Collaborative Committee described in Section D of this article and Board of Directors for review update and approval at least once every five (5) years

5 BOARD FINANCIAL CONTRIBUTIONS Each organization represented as a voting member on the CoC

board will contribute funds to supplement CoC operations contingent on the organizationrsquos budgetary

authority Contributions will be reviewed and approved annually by the CoC board

6 BOARD ALTERNATES Board members may designate an Alternate for a single meeting who can attend in the board memberrsquos place if the member must miss a meeting The Alternate must represent the same organization or subpopulation as the absent Board member Prior to the board meeting the absent Board member or his or her designee must communicate in writing to CoC staff confirming the Alternatersquos attendance and granting authority for the Alternate to vote

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3

7 TERMINATION The Board may remove any member when it determines it is in the interest of the CoC to do so Member terminations require a 23 vote of the appointed voting membership Reasons for removal include excessive absences from meetings conduct that is contrary to the Boardrsquos code of conduct or noncompliance with conflict of interest or other board policies

8 RESIGNATION Resignations by Board members shall be submitted in writing to CoC staff who will forward the resignation notice to board leadership Resignations will be announced at the next regularly scheduled board meeting For board positions representing designated organizations resignation is implied if a person seated on the board is no longer affiliated with the organization that appointed him or her The appointing organization is then responsible for assuring that another qualified person is appointed to represent that organization

9 MEETINGS Pursuant to 24 CFR part 5787(a)(1) the Board will meet at least semi-annually in conjunction with the CoC Collaborative Committee to conduct general CoC business Inclusive of these semi-annual joint meetings the board will meet at least quarterly and may meet more frequently at the call of the chair The CoC Board is a public body subject to the public meetings and record laws as stated in ORS Chapter 192 All meetings will be open to the public

10 QUORUM A majority defined as 50 plus one of the appointed voting Board membership will constitute a quorum for the transaction of all business at meetings Members may attend either in person or by conference call so long as persons in attendance and on the telephone can both hear and communicate with each other Members attending by telephone conferencing may be counted towards achieving a quorum

11 VOTING Each Board member will hold one vote on all matters brought before the board However in recognition of their significant financial contributions to the effort Marion County and the City of Salem may select two persons to represent each organizationrsquos interests on the CoC Board or in the alternative may select one representative who shall have two votes on any matter Board decisions shall be made by a majority of the total votes available to the entire appointed voting Board membership

12 NOTICE AND INCLUSION a The Board will provide for and give public notice reasonably calculated to give actual notice to

board members interested persons news media that have requested notice and general public notice Notice shall include the time and place for holding regular meetings The notice will also include a list of the primary subjects anticipated to be considered at the meeting Distribution of meeting notices will be in a manner that maximizes the potential of the public awareness of Board proceedings and for the public to participate in its deliberations

b Whenever possible matters resulting in a recommendation to the Board will be deliberated during a minimum of two meetings to assure maximum participation

c The Board encourages input to its deliberations and decision-making from a diversity of stakeholders including consumers and community members from diverse genders racial and ethnic origins cultural groups and geographic areas within the CoC boundaries CoC members are encouraged to bring ideas or concerns to the attention of the CoC Board and staff

d The Board will conduct outreach at least semi-annually with business organizations such as economic development forums chambers of commerce and Rotary clubs to inform business leaders about current issues surrounding homelessness and gather information from a business perspective

13 AGENDAS Items may be placed on a meeting agenda by any Board member or by CoC staff The agenda will be distributed to members and through public notice at least one week prior to a Board meeting

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4

B BOARD OFFICERS 1 CHAIR The Board will accept nominations and elect a chair annually The chair may be elected for

subsequent terms The chair will act as leader of the convened meeting and as the parliamentarian The chair will enforce Board policies and membership rules and will guide the conduct of public meetings The chair is the official Board representative and shall be the primary spokesperson to the media

2 VICE CHAIR The chair will select a vice chair with board consent In the absence of the chair the vice chair will assume the chairs responsibilities If neither the chair nor vice chair is available for a public meeting then the assembled quorum of the meeting will select a temporary chairperson to conduct the meeting

3 EXECUTIVE COMMITTEE LEADERSHIP The chair and vice chair serve as leaders of the CoC Executive Committee as described in Section E1

C STAFF RESPONSIBILITIES TO THE CoC BOARD

1 STAFF SUPPORTCOLLABORATIVE APPLICANT Subject to available funding for CoC operations Mid-

Willamette Valley Council of Governments (COG) will serve as the Collaborative Applicant described in

Article IV Section E and provide staff support that could be employees contractors and in-kind

support as well as in-kind materials and services to support the CoC To maintain a neutral role in

facilitating council meetings staff representing the COG will not hold authority to vote on matters

placed before the CoC Board

2 UNIFIED FUNDING AGENCY The CoC will seek designation as a Unified Funding Agency from the US

Department of Housing amp Urban Development

3 MEETING PREPARATION CoC staff is responsible for meeting preparation which includes

a Locating reserving and preparing the meeting space b Sending meeting notice agendas and minutes to the CoC distribution list one week prior to the

meeting and a reminder one day prior to the meeting c Compiling background materials and staff reports d Planning Board meetings in collaboration with the Executive Committee e Taking attendance at meetings and f Providing facilitation as needed

4 MINUTES CoC staff will serve as the CoC Board Administrator and prepare meeting minutes Minutes

will include a list of the members present motions proposals resolutions and orders proposed and their disposition the results of all votes and a vote by each member by name the substance of any discussions on any matter and reference to any document discussed at that meeting Minutes will be posted on the CoC website and distributed to the Board membership one week prior to the monthly meeting

5 RECORDS Pursuant to 24 CFR part 578103 and 24 CFR part 5785(b) staff will maintain CoC records to document compliance with HUD requirements including the following a Approved CoC governance charter that includes a written process to select the CoC board b Documentation of required reviews and updates including the annual charter review and review of

Board selection process every five years c CoC Board and committee rosters designating representation of sectors and subpopulations d Agendas and minutes of CoC Board committee subcommittee and workgroup meetings

Page 68 of 81

5

e Designation of a single Homeless Management Information System (HMIS) for the CoC f CoC applications for funds as set forth in 24 CFR part 5789 g Use of planning funds for eligible costs and other grant management documentation pursuant to 24

CFR part 57839 and h Completed and signed CoC conflict of interest forms required in Article III Section 5 of this charter

6 OTHER RESPONSIBILITIES CoC staff will maintain distribution lists distribute communications to CoC members and the community at large develop and maintain a CoC webpage support CoC committees and workgroups produce and submit applications for funds and perform other duties as assigned by the CoC Board to support the CoC

D CoC COLLABORATIVE COMMITTEE 1 PURPOSE The purpose of the CoC Collaborative Committee is to assist the Board in accomplishing the

responsibilities of the Continuum of Care as described in Article IV

2 MEMBERSHIP Participation in the Continuum of Care is open through the CoC Collaborative Committee to interested organizations and to interested individuals representing the community at large Member agencies will be responsible for identifying CoC representatives Participating agencies may have more than one person identified as a CoC representative Homeless and formerly homeless people are encouraged and supported to participate A roster of CoC Collaborative Committee participants will be maintained and posted on the CoC website

3 VOTING Each member organization and community at large member who has participated in at least two (2) meetings in the preceding twelve (12) months after the initial year of CoC operations shall have one vote at subsequent meetings on each matter submitted to a vote of CoC members To the maximum extent possible committee meetings shall operate on a consensus basis However members can request a majority vote on specific issues Agencies with more than one representative in attendance will determine in advance which representative will vote In all cases each member organization has only one vote

4 RESIGNATION Member agencies may resign from the CoC Collaborative Committee by sending a

written communication to CoC staff

5 CO-CHAIRS The CoC Board will appoint co-chairs to facilitate CoC Collaborative Committee meetings based on nominations from the CoC Collaborative Committee One co-chair will represent the public (governmental) sector and the other will represent the private (nongovernmental) sector Co-chairs will serve for two-year terms and may be reappointed by the Board

5 RECRUITMENT AND OUTREACH The CoC Board will publish and disseminate an open invitation at least annually for those within the CoC area to join as new CoC Collaborative Committee members CoC staff will document recruitment efforts The CoC Board will identify and address membership gaps in essential sectors and will recruit so that membership requirements are being met pursuant to 24 CFR part 5787 Outreach will be conducted to obtain representation from the following groups listed in 24 CFR part 5785(a)

a Nonprofit homeless assistance providers b Victim service providers c Faith-based organizations d Governments

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6

e Businesses f Advocates g Public housing agencies h School districts i Social service providers j Mental health agencies k Hospitals and health care organizations l Universities m Affordable housing developers n Law enforcement o Organizations that serve veterans p Homeless and formerly homeless individuals and q Other relevant organizations within the CoCrsquos geographic boundaries such as organizations and coalitions that serve unaccompanied youth employment councils substance abuse providers and early learning hubs

E COMMITTEES AND WORKGROUPS 1 STANDING COMMITTEES AND WORKGROUPS The CoC Board will appoint members representing

organizations participating in the CoC Collaborative Committee to the standing committees and workgroups listed in this section as E1 a through d The Board will also designate chairs or co-chairs to facilitate committee or workgroup meetings CoC staff will be assigned to take notes at committee and workgroup meetings and assure that CoC policies and processes are followed CoC staff will also maintain lists of committee and workgroup membership and post the lists to the CoC webpage a PERFORMANCE AND EVALUATION COMMITTEE The Performance and Evaluation Committee shall

review and recommend to the Board the policies timelines and scoring tools for application review and ranking process as part of the Continuum of Care competition for funds The Performance and Evaluation Committee shall also be responsible for monitoring and reviewing CoC-funded projects and general system performance The Performance and Evaluation Committee shall make recommendations to the CoC Board to improve system performance with input from the CoC Collaborative Committee Members of this committee may not have a conflict of interest described in Article III and may not be recipients of HUD funds i The CoC Board will appoint a subcommittee of not fewer than five (5) Performance and

Evaluation Subcommittee members to review and rank project applications during the annual process described in Article IV Section E

ii The Board will strive to appoint subcommittee members who are knowledgeable about homelessness and housing in the region and representative of relevant sectors subpopulations and geographic areas of the region

iii Subcommittee members must have completed conflict of interest forms on file with CoC staff affirming that they are not employees or do not have a business relationship or other conflicts of interest as described in Article III

iv Subcommittee members must be willing to dedicate time for application review and subcommittee meetings during the application process

b COORDINATED ENTRY COMMITTEE The Coordinated Entry Committee creates the policies and

procedures for the CoCrsquos coordinated entry system The committee is also responsible for monitoring the progress of organizations implementing coordinated entry to ensure it is functioning effectively arranging for technical assistance to participating organizations and recommending changes as necessary The committee shall recruit agencies for participation in coordinated entry

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7

c HMIS USERS WORKGROUP The HMIS Users Workgroup consists of representatives from organizations using the Homeless Management Information System (HMIS) The workgroup is co-chaired by the HMIS Lead organization or its designee and the HMIS Designated Coordination Entity as described in Article IVB2 The workgroup shall monitor the progress of organizations using HMIS develop strategies for improving HMIS ease of use troubleshoot data reporting and data quality issues and review and make recommendations on HMIS policies and protocols to the HMIS Lead HMIS Coordination Entity and CoC Board

d POINT-IN-TIME COUNT WORKGROUP The Point-in-Time Count workgroup shall work with the

HMIS Coordination Entity named in Section D2 to organize and conduct the Point-in-Time count including recruitment training and support of volunteer outreach workers for the event

2 SPECIAL COMMITTEES AND WORKGROUPS The Board may authorize the formation of special

committees or workgroups as necessary to deal with specific problems or issues as the Board believes appropriate The Board will appoint members to special committees and workgroups These special committees or workgroups will be time limited and be provided a scope of work from the Board Special committees and workgroups will report their findings and recommendations to the Board upon request or upon the conclusion of their work

3 EXECUTIVE COMMITTEE The Executive Committee is composed of the chair vice chair and at least

three additional Board members The committee works closely with staff to guide the work of the CoC Board Committee members may not serve on the Performance and Evaluation Committee Committee responsibilities include the following a Prepare meeting agendas and ensure matters are ready for Board meetings b Act on matters when authority has been delegated by the full Board to do so and c Act on time sensitive administrative matters that require a decision between Board meetings with

notice provided to all Board members prior to taking action and with the action(s) to be ratified at the next Board meeting Time sensitive administrative matters include but are not limited to required municipal state or federal reports and letters of support associated with grant applications Action will not be taken under this subsection if any Board member notifies the Board Chair of the members objection prior to the Executive Committees action on a time sensitive matter

4 APPEALS COMMITTEE The Board may appoint a committee of three (3) Board members to review and

make appeal decisions during the application process described in Article IV Section E Those appointed to the Appeals Committee may not have participated in the rank and review process must have signed conflict of interest forms on file with CoC staff and must affirm upon committee appointment that they do not have conflicts of interest with agencies applying for CoC Program funding In the alternative the Board may also delegate this responsibility to the Executive Committee

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8

ARTICLE III CONFLICT OF INTEREST AND CODE OF CONDUCT

NUUM OF CARE GOVERNANC A CONFLICT OF INTEREST

1 GENERAL PROVISIONS A conflict of interest is a situation in which a CoC Board member or one of his or her family members has a personal or financial interest that compromises or could compromise the Board or committee memberrsquos independence of judgment in exercising his or her responsibilities to the CoC It is the position of this CoC that conflicts of interest shall not compromise the CoCrsquos work and that even the appearance of a conflict shall be avoided in all circumstances

2 ADHERENCE TO CONFLICT OF INTEREST POLICY CoC Board and committee members are expected to adhere to the CoC Conflict of Interest Policy which requires the member to minimize conflicts of interest disclose ethical legal financial and other conflicts and remove themselves from decision-making if they would otherwise be called on to act on a conflict involving themselves their family members or entities with which they or their family members are closely associated Under the policy Board members are required to disclose actual or potential conflicts of interest as well as certain relationships and transactions No CoC Board member may participate in or influence discussions or resulting decisions concerning the award of a grant or other financial benefits to the organization that the member represents pursuant to 24 CFR part 57895

3 DEFINITIONS The CoC will assure that Board and committee members acknowledge the federal and state definitions of conflict of interest and are in full compliance with state and federal law a Conflict of Interest definitions aligning with federal statute are

i Conflict of Interest generally means a situation in which a Board member or his or her immediate family member has directly him- or herself or indirectly through another individual or entity a personal or financial interest that compromises or could compromise the Board memberrsquos independence of judgment in exercising his or her responsibilities to the CoC

ii Prohibited Conflict of Interest means a conflict of interest that would prevent a Board member from serving on the Board or participating in any of the Board activities A Board member who has a potential or actual Prohibited Conflict of Interest must resign from the Board Prohibited Conflicts of Interest include CoC compensation and employment loans federal employee status use of CoC equipment facilities assets or staff time for non-CoC purposes and acceptance of gifts gratuities favors or anything of monetary value

iii Issue-Specific Conflict of Interest means a conflict of interest that would prevent a Board member from voting on or being present during the discussion of a specific issue such as votes on contracts and CoC leadership

b Oregon Revised Statutes Chapter 244 defines actual and potential conflict of interests for members

of public bodies No Board or committee member shall participate in a decision in which he or she has a private pecuniary interest Affected members shall disqualify themselves from participation by written notification to the Board as required by ORS 244120

i A potential conflict of interest exists when a Board or committee member takes an action that

reasonably could be expected to have a financial impact on that member a relative or a business with which the member or members relative is associated The member may participate in an action after declaring the potential conflict and announcing its nature

Page 72 of 81

9

ii An actual conflict of interest exists when an action is reasonably certain to result in a special benefit or detriment to the member a relative or a business with which the member or members relative is associated The member will declare the actual conflict and announce its nature The member must then refrain from taking any official action except when the members vote is necessary to achieve a quorum When a vote is necessary to achieve a quorum the member may vote but may not participate in any discussion or debate on the issue out of which the actual conflict arises

4 PENALTIES A Board member who purposefully conceals a conflict of interest refuses to recuse him- or

herself from voting or engages in other conduct that violates the CoC Conflict of Interest policy will be subject to removal from the Board

5 ANNUAL DECLARATION Board and committee members are to annually receive a copy of the CoC Conflict of Interest Policy sign the CoCrsquos Conflict of Interest form and submit the form to CoC staff

B B CODE OF CONDUCT 1 GENERAL PROVISIONS CoC members are expected to observe the highest standards of ethical conduct

in the execution of their responsibilities to conduct themselves with courtesy and respect and to refrain from harassment intimidation discrimination and physical or verbal abuse

2 CONFIDENTIALITY CoC members must respect and maintain the confidentiality of sensitive information

they may gain from their association with the CoC This may include personal information about community members experiencing homelessness

3 RESPONSIBILITY AND INTEGRITY In the performance of their duties CoC members are expected to carry out CoC duties to the best of their abilities and to maintain the highest standards of integrity for actions with other CoC members including CoC Board members service providers service recipients and members of the general public CoC Board and committee members shall put forth honest effort in the performance of their duties to advance the CoCrsquos mission exercising sufficient control and supervision over matters for which they are individually responsible and should not do anything to bring the full CoC or its members into disrepute

4 MISUSE OF POSITION Misuse of position is prohibited A CoC member must not use his or her position with the CoC for personal gain or for the benefit of family or friends

5 COMMUNICATIONS CoC members shall make clear when communicating publicly or with the media whether they are speaking in their own name on behalf of their agency or organization or on behalf of the CoC if the CoC Board has empowered them to speak on the CoCrsquos behalf

6 WASTE FRAUD AND ABUSE CoC members shall disclose waste fraud abuse and corruption in the operation of the Continuum of Care to appropriate authorities

7 EQUAL OPPORTUNITY CoC Board members shall adhere to laws and regulations that provide equal opportunity for all people regardless of race color religion gender identity national origin ethnicity sexual orientation age or disability

Page 73 of 81

10

8 PENALTIES This Code of Conduct will be distributed annually to CoC members Members in violation of any portion of this Code of Conduct will be subject to disciplinary action which could include immediate termination from the CoC Board or CoC committees

9 ANNUAL DECLARATION Board members are to annually receive a copy of the Code of Conduct acknowledge receipt by signing a form and submit a copy of the signed form to CoC staff

O ARTICLE II CONTINUUM FCARE GOVERNANCE STRUCTURE

ARTICLE IV OPERATING THE CONTINUUM OF CARE

A CoC RESPONSIBILITIES The CoC Board is responsible for assuring that the following responsibilities are accomplished with broad participation from CoC stakeholders

1 Hold meetings of the full membership with published agendas at least semi-annually pursuant to 24 CFR part 5787(a)(1)

2 Make an invitation for new members to join the CoC publicly available within the geographic area at least annually pursuant to 24 CFR part 5787(a)(2)

3 Adopt and follow a written process to select a board to act on behalf of the CoC The process must be reviewed updated and approved by the CoC at least once every five (5) years pursuant to 24 CFR part 5787(a)(3)

4 Appoint additional committees subcommittees or workgroups pursuant to 24 CFR part 5787(a)(4)

5 In consultation with the Collaborative Applicant and HMIS Lead develop follow and update annually a governance charter which will include all procedures and policies needed to comply with Subpart B of part 5787 and with HMIS requirements as prescribed by HUD and a code of conduct and recusal process for the board its chair(s) and any person acting on behalf of the board pursuant to 24 CFR part 5787(a)(5)

6 Consult with recipients and subrecipients to establish performance targets appropriate for population and program type monitor recipient and subrecipient performance evaluate outcomes and take action against poor performers pursuant to 24 CFR part 5787(a)(6)

7 Evaluate outcomes of projects funded under the Emergency Solutions Grants (ESG) program and the CoC program and report to HUD pursuant to 24 CFR part 5787(a)(7)

8 In consultation with recipients of Emergency Solutions Grants program funds within the geographic area establish and operate either a centralized or coordinated assessment system that provides an initial comprehensive assessment of the needs of individuals for housing and services The CoC must develop a specific policy to guide the operation of the centralized or coordinated assessment system on how its system will address the needs of individuals and families who are fleeing or attempting to flee domestic violence dating violence sexual assault or stalking but who are seeking shelter or services from nonvictim service providers This requirement along with requirements established by HUD by notice is pursuant to 24 CFR part 5787(a)(8)

Page 74 of 81

11

9 In consultation with recipients of Emergency Solutions Grants program funds within the geographic

area establish and consistently follow written standards for providing CoC assistance as further described in 24 CFR part 5787(a)(9)

10 Designate and operate a single Homeless Management Information System (HMIS) for the geographic area including designating a single system and an HMIS lead reviewing revising and approving a privacy plan security plan and data quality plan for the HMIS ensuring consistent participation of recipients and subrecipients in the HMIS and ensuring that the HMIS is administered in compliance with HUD requirements pursuant to 24 CFR part 5787(b)

11 Develop a CoC plan that includes coordinating the implementation of a housing and service system that meets the needs of homeless individuals including unaccompanied youth and families The system shall include at a minimum outreach engagement assessment shelter housing supportive services and prevention strategies pursuant to 24 CFR part 5787(c)(1)

12 Plan for and conduct at least biennially a Point-in-Time Count of homeless persons within the geographic area as described in 24 CFR part 5787(c)(2)

13 Conduct an annual gaps analysis of the homeless needs and services available within the geographic area pursuant to 24 CFR part 5787(c)(3)

14 Provide information required to complete the Consolidated Plan(s) within the CoCrsquos geographic area pursuant to 24 CFR part 5787(c)(4)

15 Consult with state and local government Emergency Solutions Grants program recipients within the CoCrsquos geographic area on the plan for allocating Emergency Solutions Grants program funds and reporting on and evaluating the performance of Emergency Solutions Grants program recipients and subrecipients pursuant to 24 CFR part 5787(c)(5)

16 Prepare an application for funds that includes a collaborative process in response to a Notice of Funding Availability (NOFA) published by HUD under 24 CFR part 57819

17 OF THE COC AND THE COC BOARD

B CoC REPORTS The CoC Board shall approve the following reports and documents prior to releasing such reports and documents to the community

1 CoC Program Project Priority List 2 Inventory of Homeless Services 3 Annual or Biennial Point-in-Time Count Report 4 Housing Inventory Chart 5 Longitudinal Systems Analysis (LSA) and 6 Homeless Coordinated Entry System Report

Page 75 of 81

12

C CoC CORRECTIVE ACTIONS PROCESS 1 ANNUAL PROGRAM REVIEW CoC funded programs or projects will be reviewed by the Performance

and Evaluation Committee annually with findings reported to the CoC Board 2 RESPONSES TO IMPROVE PROGRAM PERFORMANCE

a Should the Board determine that a program is not meeting established performance measures staff will notify the program or project in writing The organization overseeing the program or project will have the opportunity to provide additional performance information within 30 days of receipt of the CoC notification

b If the program or projectrsquos performance is related to certain items as determined by the CoC Board such as late Annual Performance Report submissions unused funding low utilization low exits to permanent housing low scores on income measures or alignment of program participation with wait list protocols the CoC Board may place a program on probation to improve its performance

c During the probationary period the CoC will enter into a Performance Improvement Agreement with the program or project needing improvement listing specific expectations and timeline

d CoC staff will facilitate technical assistance as needed and available as part of the Performance Improvement Agreement The organization overseeing the program or project is responsible for requesting specific assistance in low-scoring performance areas and requesting clarifications from the CoC about performance measures and expectations

e The length of the probationary period will be proposed by the Performance and Evaluation Committee negotiated by CoC staff and approved by the CoC Board Extensions may be requested for extenuating circumstances and are subject to Board approval If the program or project does not fulfill the agreed-upon expectations included in the Performance Improvement Agreement the Board may reduce funding or ranking may reject future applications from that program or project for HUD CoC Program funds or other remedies approved by HUD

D DESIGNATING AND OPERATING A HOMELESS MANAGEMENT INFORMATION SYSTEM

1 HMIS PURPOSE The primary purpose of the CoCrsquos Homeless Management Information System (HMIS) is to aggregate data on homelessness across Marion and Polk counties to accurately describe the regionrsquos scope and evaluate the effectiveness of efforts to reduce and end homelessness The CoC uses HMIS to a Understand the characteristics and service needs of homeless people b Analyze how homeless people use services c Evaluate program effectiveness and outcomes d Improve access to and delivery of services for people experiencing homelessness and e Strengthen community planning and resource allocation

2 DESIGNATED HMIS ROLES Oregon Housing amp Community Services (OHCS) is designated as the HMIS Lead AgencyAdministrator Portland Housing Bureau is the vendor that provides the licensed software for the HMIS system Mid-Willamette Community Action Agency is designated as the CoC regionrsquos HMIS Coordination Entity designated by the HMIS Lead to coordinate data collection and data analysis for the region The CoC Board oversees the work of the HMIS partners

3 HMIS DECISIONMAKING AUTHORITY HMIS decisions which affect local CoC operations are made by the

HMIS Administrator in consultation with the HMIS Users Workgroup and HMIS Coordination Entity HMIS decisions which affect CoCs participating in statewide HMIS implementation will be made by the Northwest Social Services Connections Committee with representation from each CoC in Oregon The

Page 76 of 81

13

HMIS Lead will keep CoC staff informed of issues and decisions and will provide a summary of key decisions to the CoC Board at least annually

4 HMIS LEAD RESPONSIBILITIES Oregon Housing amp Community Services as HMIS Lead works closely with

the CoC and is responsible for maintaining the CoCrsquos HMIS system in compliance with HUD standards OHCS is responsible for coordinating the following activities a Providing operation security maintenance system auditing and technical support of HMIS central

hardware software and connectivity b Executing a written HMIS Participation Agreement with each Contributing HMIS Organization (CHO)

which includes the role obligations and authority of the HMIS Lead and the organization and requirements to comply with security privacy and data quality plans

c Setting up and managing user accounts access levels and passwords d Providing technical and user support for HMIS software including agency account set-up system

monitoring and testing problem diagnosis and resolution and routine software and information maintenance

e Providing and coordinating ongoing training and technical support for the system f Ensuring consistent HMIS participation by CoC and Emergency Shelter Grant (ESG)recipients and

subrecipients g Maintaining and updating a Privacy Plan Security Plan and Data Quality Plan h Ensuring the accuracy of data including regularly assessing that all participating agencies are

accurately and comprehensively capturing participant entry and exit dates and providing technical assistance to correct data quality challenges

i Coordinating regular end user meetings ie HMIS Users Workgroup meetings to discuss software updates data entry report writing and system management issues

j Serving as point of contact for end user questions and concerns k Assessing compliance with the CoCrsquos HMIS Policies and Procedures Manual l Maintaining contact with the software product developer to ensure consistent and uniform

communication among product support personnel and the community m Generating information on the communityrsquos homeless and housing situation for community

planning advocacy and funder reporting requirements n Assisting end users in the creation of custom reports and queries o Providing regular aggregate data reports to participating agencies CoC staff and the CoC Board p Reviewing and implementing product upgrades q Completing the Annual Homeless Assessment Report r Conducting regular data quality checks and providing reports to the CoC Board and s Serving as the applicant to HUD for grant funds to be used for HMIS activities for the CoCrsquos

geographic area as approved by the CoC Board

5 PROVIDER PARTICIPATION Any organization within the CoC geographic region that receives Continuum of Care Program and Emergency Solutions Grant (ESG) funds must participate in HMIS as a Contributing HMIS Organization (CHO) In addition the CoC encourages all providers of services to homeless individuals and families within the CoC geographic area regardless of whether they receive CoC or ESG funds to become a CHO and include their data in HMIS

6 HMIS MANUAL To ensure compliance with HUD requirements the HMIS Lead in collaboration with the

HMIS Coordination Entity HMIS Users Workgroup and other stakeholders is responsible for developing and annually reviewing and updating the CoCrsquos HMIS Policies amp Procedures Manual The manual provides the framework for the ongoing operations of the HMIS system It includes the CoCrsquos privacy data quality and security plans for the HMIS system At any time the HMIS Lead HMIS Coordination Entity HMIS Users Workgroup or CoC Collaborative Committee may identify elements of policies or

Page 77 of 81

14

procedures or other HMIS-related plans that need to be revised Recommendations for revisions are to be submitted to the HMIS Lead The HMIS Lead will present the HMIS Policies amp Procedures Manual to the CoC Board annually or more frequently if significant substantive changes are proposed

E PREPARING AN APPLICATION FOR FUNDS 1 PURPOSE A major function of the Continuum of Care is to prepare and oversee the applications for CoC

funds administered by HUD under the McKinney-Vento Homeless Assistance Act The CoC Program is designed to assist individuals and families experiencing homelessness and to provide the services needed to help them move into housing with the goal of long-term stability The CoC Program funds important housing and services programs such as permanent housing (including permanent supportive housing and rapid re-housing) transitional housing and supportive services programs HUD CoC Program funds are granted annually based on a national competition following the release a Notice of Funding Availability (NOFA) Recipients of Emergency Solutions Grant funds another homeless assistance grant administered under the McKinney-Vento Act are required by HUD to coordinate with the CoC The CoC addresses that requirement through coordinating with the ESG review and ranking process and ESG scoring tool development

2 COLLABORATIVE APPLICANT The Mid-Willamette Valley Council of Governments (COG) is designated as

the CoC Collaborative Applicant and is responsible for leading and supporting all aspects of the annual HUD CoC NOFA application process including submission of the Consolidated Application

3 PROJECT REVIEW PROCESS

a Immediately after HUDrsquos Continuum of Care Program NOFA is released the Collaborative Applicant will coordinate and carry out the activities needed to successfully submit a Consolidated Application on behalf of the CoC

b Tasks required for project review in preparation for NOFA submission include the following

i Prior to the NOFA release the Collaborative Applicant will develop a draft timeline for the NOFA process and design scoring tools and any corresponding local application materials to assist in the review and ranking of renewal and new project applicants Review and ranking materials will take into consideration both local and HUD priorities

ii Scoring tools and the draft timeline will be reviewed by the Performance and Evaluation Committee and recommended to the CoC Board for approval

iii Upon publication of the NOFA the Collaborative Applicant will schedule and publicize a date and time for a Technical Assistance Workshop and finalize the timeline and priorities for the NOFA process

iv Applicants may participate in the Technical Assistance Workshop At the workshop the Collaborative Applicant will present an overview of the NOFA and the process for reviewing and ranking applications The orientation will describe HUD application requirements supplemental local application materials the scoring tool and applicable deadlines and dates Applicants will also have an opportunity to ask questions The CoCrsquos NOFA timeline and application materials will be posted in the CoC webpage

v Applicants will complete and submit application materials by the established deadline vi Late applications will not be accepted vii As an exception to Article IVD3bvi applicants with significant extenuating circumstances may

submit a petition to CoC staff for an extension Extensions require the approval of the CoC Board or the CoC Executive Committee if delegated the authority for this purpose by the Board It is anticipated that exceptions will be granted in very rare circumstances and not applied in

Page 78 of 81

15

situations where advance planning could have resulted in the application being submitted timely

viii Incomplete applications cannot be supplemented with more information or materials to reach a level of completeness once submitted to the CoC for review and ranking but must be completed prior to HUD submission if selected for funding

ix A subcommittee of the Performance and Evaluation Committee is appointed by the CoC Board to review and rank project applications as described in Article II Section E Subcommittee members receive and review application and scoring materials prior to the subcommittee meeting in preparation to score each programrsquos application

x The subcommittee of the Performance and Evaluation Committee meets to jointly discuss and critique each application and may interview applicants as part of the meeting If applicant interviews are included in the review process all applicants must have the opportunity for an interview After discussion and any applicant interviews subcommittee members individually score applications based on the scoring tools

xi A preliminary ranked list is created by the following procedures (a) A ranked list is prepared based on a composite of raw scores for each application (b) Applications that do not meet certain threshold requirements as detailed on the scoring

tool will not be included on the ranked list (c) If the NOFA makes available bonus funds in a program area the highest scoring eligible

projects will be designated for bonus funding in those relevant program areas xii The CoCrsquos goals for priority funding are to promote high-performing projects in alignment with

community and federal priorities Scoring tools will reflect the communityrsquos implementation of local and federal priorities as determined by the CoC Board

xiii Scores and subcommittee feedback on applications are sent to applicants along with a reminder of the appeals process and deadline by the established deadline

4 REALLOCATION OF FUNDS HUD encourages CoCs to reallocate funds from projects with substandard

performance to higher priority community needs that also align with HUD priorities and goals Prior to the release of the NOFA the Performance and Evaluation Committee facilitates a reallocation discussion in consultation with the CoC Collaborative Committee and CoC Board Scenarios for potential reallocation decisions based on the CoCrsquos gaps analysis and strategic plan are provided to the Performance and Evaluation Subcommittee to consider during the ranking process Final reallocation decisions are approved by the CoC Board

5 APPEALS a APPEALS COMMITTEE As described in Article II Section E appeals are considered by the Appeals

Committee or Executive Committee as designated by CoC Board The Appeals Committee will be established only if an applicant requests an appeal

b ELIGIBILITY TO APPEAL Eligible applicants have the opportunity to appeal both their scores and

preliminary rankings prior to the ranked list being finalized and approved by the CoC Board i The following applicants are eligible to appeal

(a) An applicant that receives less funding than applied for (b) An applicant that is ranked below Tier 1 (c) An applicant that is ranked in the bottom third of Tier 1 (d) An applicant that believes its score is not reflective of the application information provided

or (e) An applicant that can describe bias or unfairness in the process that warrants the appeal

ii Applicants that have not met the threshold requirements are not eligible to appeal

Page 79 of 81

16

c APPEALS PROCESS i Appeals must be received in writing with supporting documentation by the established

deadline ii Notices of appeal must be based on the information submitted by the application deadline No

additional or new information will be considered iii The notice of appeal must include a written statement specifying in detail the grounds and

rationale asserted for the appeal iv Valid appeals will be read reviewed and evaluated by the Appeals Committee that will meet to

consider and deliberate appeals based on the applicantrsquos appeal statement and the application materials that the applicant originally submitted to the CoC

v The Appeals Committee will make modifications to the preliminary list based on the results of the appeals process Appeals Committee decisions must be supported by a 23 majority vote

vi The appealing agency will receive a written decision of the Appeals Committee within two (2) business days of the Appeals Committee meeting

vii Appeals Committee decisions result in the final prioritized list submitted for approval to the CoC Board

6 FINAL PRIORITIZED LIST OF APPLICATIONS

a A final ranked project list is submitted to the CoC Board for review and approval after appeals have been determined and the Appeals Committee has made any modifications to the preliminary prioritized list Any Board member with a conflict of interest must recuse himself or herself from all related discussions and abstain from voting on the final priority list As stated in Article II Section A and Article III Board members with conflicts of interest are subject to removal from the Board

b The Collaborative Applicant submits the CoCrsquos approved Consolidated Application to HUD prior to the HUD NOFA deadline

c Conditional award funding is typically based upon the prioritized list of Project Applicants that is submitted however actual awards and award amounts are determined by HUD

ARTICLE V CHARTER AMENDMENTS

1 PROCESS This governance charter may be amended at any CoC Board meeting by a 23 majority vote of the appointed voting Board membership Copies of proposed amendments will be available for review at least one week prior to the Board meeting at which the proposed amendments are considered The Board will seek prior review and recommendation by the CoC Collaborative Committee of any amendments to the charter unless circumstances require an immediate change In the latter situation CoC staff will provide an explanation of the circumstances and provide opportunity for comments and input prior to and as part of the Board meeting

2 FREQUENCY OF REVIEW The CoC Collaborative Committee and Board will review this charter annually

Page 80 of 81

PENDING CITY COUNCIL AGENDA ITEMS 04092020

APRIL 14 2020 - 630 PM APRIL 28 2020 - 630 PM

Agenda items due 1000 am 040920 Agenda items due 1000 am 042320

raquo Hearing amp ord Code changes (comm stds) (Fred)

raquo OLCC appl - The Tap Station (Hedlund) raquo Ordinance - code changes (HPC)

raquo Cherriotts Bus Stop Parking (Kie) raquo Liquor licensing policy

raquo Homeless Alliance IGA (Tom) raquo Alcohol concessions contract (Tom)

raquo AXON contract (Bob) raquo Event Center contract (TomShawn)

raquo Res 1526 USDA grant application (Shawn) raquo Info Report 3Q Finance Report (Gloria)

raquo raquo F Street Design RFP Selection (Kie)

raquo raquoraquo raquo MinutesNotesPACTracking Log

raquo raquo Liaison Reports MINET Park amp Rec

raquo MinutesNotesPACTracking Log and Planning

+ Urban Renewal Agency if needed + Urban Renewal Agency if neededMAY 12 2020 - 630 PM MAY 26 2020 - 630 PM

Agenda items due 1000 am 050720 Agenda items due 1000 am 052120

raquo Parking ordinance update review raquoraquo Arbor Day proclamation raquoraquo TSP Consultant presentation raquoraquo Museum presentation (Carly) raquoraquo Lot 7 DDA (ShawnTom) raquoraquo raquo MinutesNotesPACTracking Log

raquo raquo Liaison Reports Library WIMPEG

raquo MinutesNotesPACTracking Log and Museum Commission

+ Urban Renewal Agency if needed + Urban Renewal Agency if neededJUNE 9 2020 - 630 PM JUNE 23 2020 - 630 PM

Agenda items due 1000 am 060420 Agenda items due 1000 am 061820

raquo raquo Budget Adoption

raquo raquoraquo raquoraquo raquoraquo raquoraquo raquo MinutesNotesPACTracking Log

raquo raquo Liaison Reports Traffic Safety Historic Preservation

raquo MinutesNotesPACTracking Log and Independence Days

+ Urban Renewal Agency if needed + Urban Renewal Agency if neededFuture Items City Council LiaisonsIndpMonm IGA re MINET (City Mgr) Historic Preservation Commission Councilor Takacs2019 Transportation financing discussion (unf bsn) Hop amp Heritage Block Party Councilor CorrDuplex ADU worksession HPC worksession Independence Days Commission Councilor CorrJan 2021 - 9th St Sewer projects bid award (kie) Library Board Councilor MortonOverlay project award (Winter 2020) (Kie) MINET Councilor HicksF St Construction Award Museum Advisory Board Councilor MortonHoffmanGun club intersection project (wk ssn) (Kie) Parks amp Rec Committee Councilor Martin-WillisPublic Hearing LA-04-2018 (HPC code update) (Fred) Planning Commission Councilor Martin-WillisOnstreet parking regulations (BobTom) Traffic Safety Commission Councilor TakacsSidewalk program (KieShawnTom) WIMPEG Councilor Ranstrom-Smith(IMC) update Building Codes provisions

Budget MeetingsMar 25 Budget Committee Orientation (rescheduling TBA)May 6th Budget CommitteeMay 13th Budget CommitteeMay 20th Budget Committee (if needed)June 23rd Council - Budget Adoption

Page 81 of 81

  • Agenda
  • 31 March 24 2020
  • 61 Council Action Memo
  • 61 Cherriots Presentation
  • 71 Council Action Memo
  • 71 Tap Station OLCC application
  • 72 Council Action Memo
  • 72 AXON Proposal
  • 73 Council Action Memo
  • 73 Resolution 20-1526
  • 74 Council Action Memo
  • 74 Interim IGA
  • 74 COG Scope of Work
  • 74 MWHA Governance Charter
  • 91 04-09-2020
Page 11: City of Independence

555 South Main Street Post Office Box 7 Independence OR 97351

Phone 503838-1212 Fax 503606-3282 email kcottamciindependenceorus

[ ] Information Only [ X ] Action Requested

Statement of IssueStaff is requesting the authority to allow Cherriots Public Transportation services to install 12 new bus stops in Independence

BackgroundCherriots has made 2 previous presentations to council for new bus route and service one in June 2019 and one this year on February 25th Today is the final presentation and request for installation of 12 new bus stops

DiscussionThe city has committed to improving public transportation with several partners Cherriots Public Transportation is an important link to our neighboring cites in Polk County This new service will enter neighborhoods frequently to provide transportation alternatives We are asking council for permission to install yellow curb at these stops approximately 50rsquo is needed for the bus to safely load and unload riders That is the equivalent of 2 parking spaces per stop The stops were placed with taking the minimal amount of parking in mind Both the Public Works Dept and Police Dept inspected and approved every stop proposed We estimate that fewer than 16 parking spots will be needed city wide

Fiscal ImpactCherriots will install and paint the curbs yellow the city will then maintain the stops from the transportation dept funds I do not have an exact amount for maintaining the stops however impact will be minimal

Options1 Approval to allow Cherriots Public Transportation Services to install 12 new bus stops in Independence 2 Defer action requesting additional information3 Deny request

CITY OF INDEPENDENCEPUBLIC WORKS MEMORANDUM

TO Mayor and City Council FROM Kie CottamMEETING DATE 04092020

SUBJECT Cherriots Bus Route 45

Page 11 of 81

555 South Main Street Post Office Box 7 Independence OR 97351

Phone 503838-1212 Fax 503606-3282 email kcottamciindependenceorus

RecommendationSuggested MotionStaff recommends Option 1

Suggested Motion ldquoI move to authorize Cherriots Public Transportation Services to install 12 new bus stops in Independence at the locations as provided by Cherriots staffrdquo

AttachmentsA Cherriots Presentation

Memo prepared by Kie Cottam PW Director

Page 12 of 81

492020

1 1

Route 45 Bus Stop Parking RemovalsIndependence City Council Meetingndash April 14 2020By Ted Stonecliffe Transit Planner II

2

Introductionbull Public outreach completedbull Purpose of bus stop parking removal requestbull Responses to neighbor concernsbull Vehicle typebull Locations of bus stops proposedbull Next stepsbull Conclusionsbull Questions and answers

1

2

Page 13 of 81

492020

1 2

3

Public outreach completed

Public surveybull Conducted in-person outreach events and a six-week online

survey in Summer 2019City council appearances

bull June 2019 February 2020 April 2020

Property owners adjacent to new stopsbull Sent letters certified return receipt USPS mail to each

adjacent property ownerbull Door hangers placed on 160 doors in vicinity of on-street

parking removals and new bus stopsbull Website with all the details cherriotsorgNewRoute45

4

Purpose of bus stop parking removalsbull Buses must have direct access to the curb in order to

loadunload passengers safely especially in mobility devicesbull In order to comply with the Americans with Disabilities Act

(ADA)

Responses to concerns

bull Worked with neighbors on 4th Street to find a better southbound bus stop location

bull Eliminated northbound bus stop on 13th Street in response to neighbor complaint

bull Minimizing parking removals for E Street due to heavy on-street parking occupancy

3

4

Page 14 of 81

492020

1 3

5

Vehicle typebull 25-ft long 14 seats wheelchair lift-equippedbull Needs 50 feet of parking removed at each location

6

Route 45 bus stop locations in Independence (12 new 4 existing)

Monmouth Independence

5

6

Page 15 of 81

492020

1 4

7

Website examples of parking removals

E Street (between 10th and 11th ) Main Street Oak Street

8

Next Stepsbull Seek approval for stops and no-parking zones from three cities ndash

April amp May

bull Release bid package to potential contractors ndash June or July

bull Begin marketing new service at least 30 days in advance of launch

bull Install new stop poles amp signs ndash August

bull Launch new service September 2020

bull Continue marketing new service actively in September

7

8

Page 16 of 81

492020

1 5

9

Conclusionsbull Public outreach allowed public to weigh in on service

design and bus stop locationsbull Property owners have been notified of pending parking

removals by the citybull Removal of parking is necessary for the safety of the riding

public and to comply with the ADAbull Worked with community members and city public works

department to develop final planbull Request for parking removals for bus stops will come from

public works department (Kie Cottam)

10

Questions

9

10

Page 17 of 81

492020

1 6

11

11

Page 18 of 81

CITY OF INDEPENDENCE OREGONMEMORANDUM

TO Honorable Mayor and City Council

FROM Tom Pessemier City Manager

SUBJECT New Establishment Liquor License Applicant

DATE April 9 2020

Action Requested X Information Only

Statement of Issue

The Tap Station LLC DBA The Tap Station located at 87 N Main St has made an application with the Oregon Liquor Control Commission for Additional Privilege This license would allow the licensee to sell wine malt beverages and ciders for Off-Premises Consumption This application is submitted as a result of the recent restrictions put into place for licensed establishments regarding COVID-19 The additional license would allow The Tap Station to selldeliver their products to the consumer for off-premises consumption I have spoken to the OLCC regarding this and they are currently seeing a large increase in these applications and as a result are granting 90-day temporary authority at application with a requirement for follow-up reviewrecommendation by the local authority prior to final decisions or issuance

Background

In 1992 our City adopted resolution 881 which establishes criteria for screening liquor license applications The police department was assigned the task to do initial reviews of each liquor license application The police department then completes a staff report on those findings for the City Council review

Analysis

I have conducted a background investigation for The Tap Station as well as Christopher Ream and did not locate any issues I believe would hinder his operation of this business Christopher has owned and operated The Tap Station since he took over its ownership in the middle of 2019 with no issues or calls for service related to alcohol at the establishment

Fiscal Impact

Page 19 of 81

As of this date I do not know if the fees for this application have been paid

Options

1 Council may recommend approval for this establishment pending the payment of all city fees

2 Council may recommend denying the license for this establishment if reasonable grounds can be established

3 Council may impose an option of its own choosing

Recommended Motion

Option 1 I move to recommend approval of the above liquor license request pending payment of all fees

Attachments

Liquor license application for Additional Privilege

Memo Prepared by

Sergeant Justin Hedlund 46248

Page 20 of 81

reg Read ImportantOregon law requires that every applicant for a liquorlicense obtain a written recommendationfrom the governing body of the county if the place of business of the applicant is outside theincorporated city or from the city councilif the place of business of the applicant is within anincorporated city You must take the attached a lication forms to the a ro riategoverning body After the endorsement process is completed a representative from the city orcounty willcontact you to pick up the application You may deliver the application to the OLCCoffice or retain it until it is requested by the license investigator

Oregon Liquor Control Commission200 Hawthorne Avenue SE Suite Bmdash210Salem OR 97301

Questions Call (503) 378-4871

Page 21 of 81

OREGON LIQUORCONTROLCOMMISSION

LIQUORLICENSEAPPLICATION1 Application Do not includeany OLCCfees with your application packet (the licensefee willbe collected at a latertime) Application is being madefor

LicenseApplied For CITYAND COUNTYUSEONLYBrewery 1st LocationBrewery 2nd LocationBrewery 3rd Location

BrewerymdashPublicHouse 1st LocationBrewery-Public House Znd LocationBrewerymdashFublicHouse 3rd LocationDistillery

Date application received andordate stamp

Name of City or County

FullOn~Premises CommercialFullOnmdashPremisesCatererFull OnmdashPremisesPassenger Carrier

FullOn~Premises Other Public LocationFullOnmdashPremisesFor Profit Private Club

Recommends this license be

III Granted D Denied

FullOnmdashPremisesNonprofit Private Club By

Grower Sales Privilege 1st Location

E Grower Sales Privilege 2nd Location Datelsquo

Grower Sales Privilege 3rd Location OLCCUSEONLYLimited On~Premises

Dateapplictiop receivedOffmdashP lsquo

XI remises

Off-Premises with Fuel PumpsK

V lsquo

Warehouse

ByWholesale Malt Beverage amp Wine

Winery 1st Location LicenseAction(s)Winery Znd Location

Winery 3rd Location

Winery 4th Location He _ Winery 5th Location I IIraquo

2 ldentifythe app|icant(s) applyingforthe license(s) ENTITY(example corporation or LLC)or IND|VlDUAL(S)applyingfor the license(s)

__ raquomdash F7)lee leeSTPiTOs3LLC EmsectQEoCgcEm

(Applicant1) (Applicant2)w JUN

mt I

(Applicant3) (Applicant4) REU_w_lsquo _ -KJI

3 Trade Name ofthe Business (Name Customers Will See)

rdquozTrsigtsectT1rsquorIOlsquovlsquo)4 Business Address (Number and Street Address of the Location that will have the liquor license)

euro7 3 H-IMFraquo STCity ZipCelNraquoDeuroPtNDtNltE rsquoigtoLg 733i

County

OLCCLiquor License Application (Rev 1110)

Page 22 of 81

TtEliigtsectTlTOM5 Trade Name of the Business (Name Customers WillSee)

6 Does the business address currently have an OLCCliquor license E YESlNo7 Does the business address currently have an OLCCmarijuana license EYESXJNO

VDTEOK318 MailingAddressPOBox Number Street Rural Route (where the OLCCwillsend your mail)

City

sectPxE

State

GELZip Code

973019 Phone Number of the Business Location

Btu3amp3 I 17w10 EmailContact for this Application

xxoLtCoIVi11 Contact Person for this Application

Otilsect ilElsquotM

VierctP one Number

OmrsquoSlWtCW3rsquoContact Persons Mailing Address (if different)

701eatevtao we seCity

Sltuim

State Zip Code

OR 0tlsquoIsect07__

Please note that liquor license applications are public records A copy of the application will be posted on the OLCC

website for a period of several weeks

I understand that marijuana (such as use consumption ingestion inhalation samples give-away sale etc) isprohibited on

the licensedpremises

I attest that allanswers on all forms documents and information provided to the OLCCare true and complete

Applicant Signatu rels)

- Each individual person listed as an applicant must sign the application

0 if an applicant is an entity such as a corporation or LLCat least one person who is authorized to sign for the entity

must sign theapplication- A person with the authority to sign on behalf of the applicant (such as the applicants attorney or a person with

power of attorney) may sign the application Ifa person other than an applicant signs the application please

wideroo fsignatureauthority

(A (Applicant2)

(App|icant3) (App|icant4)

otcc Liquor License Application (Rev 11201

Page 23 of 81

OREGON LIQUOR CONTROL COMMISSION

BUSINESS INFORMATION

Please Print or Type

Applicant Name ItET9 StPtT1gtsectgt Phone euroL FZFIVITrade Name (dba) THETAP 3 Tioixs

Business Location Address

City BEPEHDEMCF ZIP Code Ci73sectl

DAYSAND HOURS OF OPERATION

Business Hours Outdoor Area HoursSunday 7mdash- to E2314 Sunday

toMondairsquo __i T0_m MondayTU95daY A I0 E TuesdayWednesday i to WednesdayThursday 3 to

EIFriday __L to __jSaturday IS to I

The outdoor area is used for

KlsquoFood service

Aicohol service

Hours

to

area is adequately viewed andorused by Service Pennittees

(investigators Initials)

Seasonal Variations l31YesEl No if yes explain USEH-qkxig LQ1+JTiZHOOKZRuse Co-mgt-q HRS QceemdashClsquonpoundboeuroeuroeuroJiigtmecent HDUKB

ENTERTAINMENT Check anthat app|y DAYS amp HOURS OF LIVE OR DJ MUSIC

MLive Music E Karaoke

tE Recorded Music D CommdashoperatedGames sectrj3 tgDJ Music B Video Lottery Machines Tuesday to

Wednesday toD Dancing WSocial Gaming Thursday SIDSFriday g to D Nude Entertainers D Pool Tables Saturday 3 to I

D Other

SEATINGCOUNT

Restaurant Outdoor grCraquo OLCC USE ONLY

lsquobk Investigator Veried Seating__(Y) __(N)

Lounge _pound_ Other (explain)mvasgamllnmms

I

lsquo

Banquet Total Seating Date

I understand if my answei7euro)ote a complete the OLCC may deny my license application

Applicant SignatureU

-lsquo Date 3 Z3 lsquoT Z0101-800-452-OLCC (6522)

wwworegongovolcc yrsldquo 1207)Page 24 of 81

555 South Main Street Post Office Box 7 Independence OR 97351

Phone 503838-1212 Fax 503606-3282 email tpessemierciindependenceorus

TO Mayor and City Council FROM City Manager Tom Pessemier MEETING DATE April 14 2020 SUBJECT Approval of 5-year sales contract for

AXON services [ ] Information Only [ X ] Action Requested Statement of Issue A 5-year sales contract with AXON for body-worn cameras Tasers and digital cloud-based storage with software interface is submitted for council consideration Background In 2014 the City of Independence started using body worn cameras in the police department We started by testing different platforms selecting AXON as our preferred provider then negotiated a 5-year contract which was partially grant funded Our current contract expires this month and we have negotiated a new contract for Council consideration Discussion Included in the contract being considered today AXON provides body cameras and Tasers for our officers and CSOrsquos training and training aids and Taser devices for our patrol staff to wear while on patrol These devices are covered under a warranty for the life of the contract as well as a provision for camera replacement around the half-way point of the contract to the newest technology available Certification training for our instructor to be certified to train our staff and other training materials are also included The sales contract also includes software and cloud storage of video The AXON platform which we currently use allows us the ability to transfer video directly to the DArsquos office or others electronically rather than having to build DVDrsquos of video which has saved our records department a lot of time It also provides the ability for citizens to upload video directly to our AXON cloud as well as video redaction capabilities which allows us to comply with Oregon law

CITY OF INDEPENDENCE MEMORANDUM

Page 25 of 81

555 South Main Street Post Office Box 7 Independence OR 97351

Phone 503838-1212 Fax 503606-3282 email tpessemierciindependenceorus

Fiscal Impact The total 5-year contract cost is $131786 broken into annual payments of $26357 Funds are available for this fiscal year in the police department operating budget Funds would be included in the police department budget request for contract years 2-5 Options

1 Approve the contract as proposed 2 Approve the contract with amendments 3 Take no action

RecommendationSuggested Motion Staff recommends Option 1

ldquoI move to authorize the City Manager to sign a service contract for body worn cameras tasers and cloud storage with AXONrdquo Attachments

A Proposed AXON contract

Memo prepared by Robert Mason Police Chief

Page 26 of 81

Payment Terms Net 30

Delivery Method Fedex - Ground

Q-251225-43927723KP

Year 1

Item DescriptionTerm

(Months)Quantity

List Unit

Price Net Unit Price Total (USD)

Axon Plans amp Packages

20248 TASER 7 EVIDENCECOM ACCESS LICENSE 60 1 000 000 000

73687 EVIDENCECOM VIEWER LICENSE 60 1 000 000 000

73746 PROFESSIONAL EVIDENCECOM LICENSE 60 11 000 000 000

73686EVIDENCECOM UNLIMITED AXON DEVICE

STORAGE60 11 000 000 000

73683 10 GB EVIDENCECOM A-LA-CART STORAGE 60 110 000 000 000

73449 AWARE LICENSE 60 11 000 000 000

20248 TASER 7 EVIDENCECOM ACCESS LICENSE 60 11 000 000 000

20246TASER 7 DUTY CARTRIDGE REPLACEMENT

ACCESS LICENSE60 11 000 000 000

73683 10 GB EVIDENCECOM A-LA-CART STORAGE 60 10 000 000 000

73840 EVIDENCECOM BASIC ACCESS LICENSE 60 10 000 000 000

Hardware

20160TASER 7 HOLSTER - SAFARILAND RH+CART

CARRIER11 000 000 000

75015 SIGNAL SIDEARM KIT 11 000 000 000

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

Issued 04062020

Quote Expiration 05152020

Account Number 110011 Axon Enterprise Inc17800 N 85th St

Scottsdale Arizona 85255

United States

Phone (800) 978-2737

Protect Life

PRIMARY CONTACT

Justin Hedlund

Phone (503) 837-1109

Email hedlundjustinciindependenceorus

BILL TO

Independence Police Dept - OR

P O Box 7

Independence OR 97351

US

SHIP TO

Justin Hedlund

Independence Police Dept - OR

555 S Main Street

Independence OR 97351

US

SALES REPRESENTATIVE

Kyle Panasewicz

Phone (480) 905-2071

Email kylepaxoncom

Fax (480) 658-0673

Q-251225-43927723KP

1

Page 27 of 81

Year 1 (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware (Continued)

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

20014TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE STANDOFF (322 000 000 000

20015TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE CLOSE QUART22 000 000 000

20008TASER 7 HANDLE HIGH VISIBILITY (GREEN

LASER) CLASS 3R11 000 000 000

20040 TASER 7 HANDLE WARRANTY 4-YEAR 11 000 000 000

20018 TASER 7 BATTERY PACK TACTICAL 13 000 000 000

20041TASER 7 BATTERY PACK WARRANTY 4-

YEAR13 000 000 000

20042TASER 7 DOCK amp CORE WARRANTY 4-

YEAR1 000 000 000

70033WALL MOUNT BRACKET ASSY

EVIDENCECOM DOCK1 000 000 000

74200 TASER 7 6-BAY DOCK AND CORE 1 000 000 000

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)33 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)33 000 000 000

20016TASER 7 INERT CARTRIDGE STANDOFF

(35-DEGREE)1 000 000 000

20017TASER 7 INERT CARTRIDGE CLOSE

QUARTERS (12-DEGREE)1 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

73202 AXON BODY 3 - NA10 5 69900 63260 316300

74028 WING CLIP MOUNT AXON RAPIDLOCK 5 000 000 000

11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 5 000 000 000

Other

73810 OFFICER SAFETY PLAN 7 60 11 000 000 000

Not Eligible

TASER 7

INSTRUCTO

R COURSE

VOUCHER

Not Eligible TASER 7 INSTRUCTOR COURSE

VOUCHER1 000 000 000

Protect LifeQ-251225-43927723KP

2

Page 28 of 81

Year 1 (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Other (Continued)

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 132442 1456862

Not Eligible

TASER 7

MASTER

INSTRUCTO

R SCHOOL

VOUC

Not Eligible TASER 7 MASTER INSTRUCTOR

SCHOOL VOUCHER1 000 000 000

Not Eligible

Target and

Frame

Not Eligible Target and Frame 11 000 000 000

Not Eligible

Halt SuitNot Eligible Halt Suit 1 000 000 000

20135OCULUS GO STANDALONE VIRTUAL

REALITY HEADSET1 000 000 000

20247TASER 7 ONLINE TRAINING CONTENT

ACCESS LICENSE60 11 000 000 000

20249VR EMPATHY DEVELOPMENT AUTISM

SCHIZOPHRENIA ACCESS LICENSE60 11 000 000 000

73827 AB3 CAMERA TAP WARRANTY 60 5 000 000 000

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2118510

Estimated

Shipping000

Estimated Tax 000

Total 2118510

Year 1 - TAP Refresh

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

74210 AXON BODY 3 - 8 BAY DOCK 2 000 000 000

73202 AXON BODY 3 - NA10 11 000 000 000

74028 WING CLIP MOUNT AXON RAPIDLOCK 16 000 000 000

11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 11 000 000 000

73202 AXON BODY 3 - NA10 1 69900 000 000

74028 WING CLIP MOUNT AXON RAPIDLOCK 1 000 000 000

11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 1 000 000 000

Protect LifeQ-251225-43927723KP

3

Page 29 of 81

Year 1 - TAP Refresh (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Other

73828 AB3 8 BAY DOCK TAP WARRANTY 60 2 000 000 000

73827 AB3 CAMERA TAP WARRANTY 60 11 000 000 000

71019NORTH AMER POWER CORD FOR AB3 8-

BAY AB2 1-BAY 6-BAY DOCK2 000 000 000

73827 AB3 CAMERA TAP WARRANTY 60 1 000 000 000

Subtotal 000

Estimated Tax 000

Total 000

Year 1 - T7 Certification

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Axon Plans amp Packages

20248 TASER 7 EVIDENCECOM ACCESS LICENSE 60 6 000 000 000

20246TASER 7 DUTY CARTRIDGE REPLACEMENT

ACCESS LICENSE60 6 000 000 000

Hardware

20160TASER 7 HOLSTER - SAFARILAND

RH+CART CARRIER6 000 000 000

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

20014TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE STANDOFF (312 000 000 000

20015TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE CLOSE QUART12 000 000 000

20008TASER 7 HANDLE HIGH VISIBILITY (GREEN

LASER) CLASS 3R6 000 000 000

20040 TASER 7 HANDLE WARRANTY 4-YEAR 6 000 000 000

20018 TASER 7 BATTERY PACK TACTICAL 6 000 000 000

20041TASER 7 BATTERY PACK WARRANTY 4-

YEAR6 000 000 000

20016TASER 7 INERT CARTRIDGE STANDOFF

(35-DEGREE)1 000 000 000

20017TASER 7 INERT CARTRIDGE CLOSE

QUARTERS (12-DEGREE)1 000 000 000

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)18 000 000 000

Protect LifeQ-251225-43927723KP

4

Page 30 of 81

Year 1 - T7 Certification (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware (Continued)

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)18 000 000 000

20050 HOOK-AND-LOOP TRAINING (HALT) SUIT 1 75000 67875 67875

Other

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

Not Eligible

TASER 7

INSTRUCTO

R COURSE

VOUCHER

Not Eligible TASER 7 INSTRUCTOR COURSE

VOUCHER1 000 000 000

Not Eligible

Taser 7

Evidenceco

m Admin

License

Not Eligible Taser 7 Evidencecom Admin

License1 000 000 000

Not Eligible

TASER 7

MASTER

INSTRUCTO

R SCHOOL

VOUC

Not Eligible TASER 7 MASTER INSTRUCTOR

SCHOOL VOUCHER1 000 000 000

Not Eligible

Target and

Frame

Not Eligible Target and Frame 6 000 000 000

Not Eligible

Halt SuitNot Eligible Halt Suit 1 000 000 000

Not Eligible

for VR

Headset

Not Eligible for VR Headset 1 000 000 000

20247TASER 7 ONLINE TRAINING CONTENT

ACCESS LICENSE60 6 000 000 000

20249VR EMPATHY DEVELOPMENT AUTISM

SCHIZOPHRENIA ACCESS LICENSE60 6 000 000 000

80087TASER 7 TARGET CONDUCTIVE

PROFESSIONAL (RUGGEDIZED)1 15000 13575 13575

Protect LifeQ-251225-43927723KP

5

Page 31 of 81

Year 1 - T7 Certification (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Other (Continued)

20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 49500 44798 44798

Subtotal 517208

Estimated Tax 000

Total 517208

Year 1 - Trade In

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Other

20104 TASER 7 TRADE-IN UPFRONT PURCHASE 17 000 000 000

Subtotal 000

Estimated Tax 000

Total 000

Year 2

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

Other

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 172674 1899414

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2635722

Estimated Tax 000

Total 2635722

Protect LifeQ-251225-43927723KP

6

Page 32 of 81

Year 3

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

20014TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE STANDOFF (322 000 000 000

20015TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE CLOSE QUART22 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

20014TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE STANDOFF (312 000 000 000

20015TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE CLOSE QUART12 000 000 000

Other

73309 AXON BODY CAMERA REFRESH ONE 11 000 000 000

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 172674 1899414

73689 MULTI-BAY BWC DOCK MID REFRESH 2 000 000 000

73309 AXON BODY CAMERA REFRESH ONE 1 000 000 000

73309 AXON BODY CAMERA REFRESH ONE 5 000 000 000

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2635722

Estimated Tax 000

Total 2635722

Protect LifeQ-251225-43927723KP

7

Page 33 of 81

Year 4

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

Other

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 172674 1899414

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2635722

Estimated Tax 000

Total 2635722

Year 5

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

Protect LifeQ-251225-43927723KP

8

Page 34 of 81

Year 5 (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware (Continued)

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

Other

73310 AXON BODY CAMERA REFRESH TWO 11 000 000 000

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 172674 1899414

73688 MULTI-BAY BWC DOCK FINAL REFRESH 2 000 000 000

73310 AXON BODY CAMERA REFRESH TWO 1 000 000 000

73310 AXON BODY CAMERA REFRESH TWO 5 000 000 000

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2635722

Estimated Tax 000

Total 2635722

Grand Total 13178606

Protect LifeQ-251225-43927723KP

9

Page 35 of 81

Summary of Payments

Payment Amount (USD)

Year 1 2118510

Year 1 - TAP Refresh 000

Year 1 - T7 Certification 517208

Year 1 - Trade In 000

Year 2 2635722

Year 3 2635722

Year 4 2635722

Year 5 2635722

Grand Total 13178606

Discounts (USD)Quote Expiration 05152020

List Amount 15120900

Discounts 1942294

Total 13178606

Total excludes applicable taxes

Protect LifeQ-251225-43927723KP

10

Page 36 of 81

Notes

The parties agree that Axon is granting a credit of $306000 (applied to Year 1 Payment) for trade-in of CEW hardware This credit is based on a ship date range of 512020-

5152020 resulting in a 612020 contract start date Any change in this ship date and resulting contract start date will result in modification of this credit value which may

result in additional fees due to or from Axon

Axon BWC hardware contained in this quote is at zero cost as a TAP refresh of contracts 00004618 and 00010394 The parties agree that all TAP obligations of contracts

00004618 and 00010394 have been fulfilled

Purchase of TASER 7 are governed by the TASER 7 Agreement located at httpswwwaxoncomlegalsales-terms-and-conditions and not the Master Services and

Purchasing Agreement referenced below

Tax is subject to change at order processing with valid exemption

Axonrsquos Sales Terms and Conditions

This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axonrsquos Master Services and Purchasing Agreement

(posted at wwwaxoncomlegalsales-terms-and-conditions) as well as the attached Statement of Work (SOW) for Axon Fleet andor Axon Interview

Room purchase if applicable Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions By

signing below you represent that you are lawfully able to enter into contracts If you are signing on behalf of an entity (including but not limited to the

company municipality or government agency for whom you work) you represent to Axon that you have legal authority to bind that entity If you do not

have this authority please do not sign this Quote

Signature CustSIG Date CustDate

Name (Print) CustName Title CustTitle

PO (Or write

NA) CustPo

Please sign and email to Kyle Panasewicz at kylepaxoncom or fax to (480) 658-0673

Thank you for being a valued Axon customer For your convenience on your next order please check out our online store buyaxoncom

The trademarks referenced above are the property of their respective owners

Protect LifeQ-251225-43927723KP

11

Axon Internal Use Only

Review 1 Review 2

SFDC Contract

Order Type

RMA

Address Used

SO

Comments

Page 37 of 81

Page 38 of 81

555 South Main Street Post Office Box 7 Independence OR 97351Phone 503838-1212 Fax 503606-3282 email kjohnsonciindependenceorus

TO Mayor and City CouncilFROM Shawn Irvine Economic Dev Dir

MEETING DATE April 14 2020SUBJECT Resolution Rural Business

Development Grant Application

[ ] Information Only [ X ] Action Requested

Statement of Issue Staff is requesting Council approve a resolution supporting a grant application to fund the development of a shared-use commercial kitchen facility downtown

BackgroundFor several years the City has worked with local and regional partners to support entrepreneurship and the growth of small businesses These classes and programs have supported a number of successful businesses including several located downtown The past two years the City has partnered with IndyCommons ndash the downtown co-working space ndash to run a series of meetups and classes intended to identify potential business clusters within the communityrsquos entrepreneurs Food-based businesses were the top cluster identified

The mid-Willamette Valley is the largest and most diverse agricultural production region in the state with over 170 different crops being grown It also has a concentration of large and small value-added food products companies that leverage the diverse agricultural products for their businesses The USDArsquos Rural Business Development Grant program supports proposals that offer assistance and training for small businesses in rural communities

DiscussionOver the last decade development of a shared-use commercial kitchen has come up several times in the Cityrsquos regional economic development work These facilities allow licensed users to rent the space on an hourly basis for trying new recipes developing new products and small-scale production The ability to rent a licensed facility enables entrepreneurs to test their ideas and products prior to making the significant investment into building their own commercial kitchen While there has been strong and consistent interest in such a facility from entrepreneurs it is a complex enough project that nobody was willing to be the organizer and operator

IndyCommons opened four years ago successfully bringing the shared space co-working model to downtown Independence Last year the company spun off a new non-profit IndyIdeaHub to support entrepreneurship programming and development in the community and region With the success of the co-working space and the new non-profit IndyCommons is ready to tackle a shared-use commercial kitchen They have leased the neighboring space in their building and plan to operate a shared kitchen and event space with ldquomicro retailrdquo in the storefront Micro retail rents shelf space to entrepreneurs instead of an entire store reducing the startup cost for a new product company and enabling them to test the market for new products without the cost of renting an entire store The kitchen event space and micro retail

CITY OF INDEPENDENCEMEMORANDUM

Page 39 of 81

555 South Main Street Post Office Box 7 Independence OR 97351Phone 503838-1212 Fax 503606-3282 email kjohnsonciindependenceorus

space would work in concert creating a kind of food incubator while also drawing people downtown for pop up dinners and other events

IndyCommons is leasing the space and the Cityrsquos grant application would support the non-profitrsquos work to outfit and operate the kitchen while offering business development programs The grant will request approximately $90000 matched with funds from IndyCommons and a $60000 Rural Opportunity Initiative grant the City received through Business Oregon which supports programming for food-based entrepreneurship

While the City is requesting the grant and supporting development of this kitchen facility its users will not be limited just to Independence residents As with IndyCommons anyone willing to travel to the facility and pay the rental fee will be able to use it Programs and classes will also be open to anyone from the region

Fiscal Impact Staff time will be spent writing the grant and if awarded coordinating the project No City funds will be used as match for this project

Options1 Approve the resolution as submitted2 Approve the resolution with amendments3 Take no action

RecommendationSuggested MotionStaff recommends Option 1

Suggested motion ldquoI move to approve Resolution 20-1526 Authorizing the City to Apply for a Rural Business Development Grantrdquo

AttachmentsA Resolution 20-1526

Page 40 of 81

Page 1 of 2 Resolution 20-1526 Authorizes USDA Grant Application

BEFORE THE CITY COUNCIL OF THE CITY OF INDEPENDENCE

COUNTY OF POLK STATE OF OREGON

IN THE MATTER OF AUTHORIZING THE CITY ]OF INDEPENDENCE TO APPLY FOR A RURAL ]BUSINESS DEVELOPMENT GRANT FROM THE ]UNITED STATES DEPARTMENT OF AGRICULTURE ]FOR DEVELOPMENT OF A SHARED-USE ]COMMERCIAL KITCHEN FACILITY AND ]DELEGATING AUTHORITY TO THE CITY ]MANAGER TO SIGN THE APPLICATION ]

RESOLUTION 20-1526

A RESOLUTION AUTHORIZING APPLICATION FOR USDA GRANT

WHEREAS the USDA is accepting applications for its Rural Business Development Program and

WHEREAS the City of Independence has the capacity to administer the grant and desires to participate in this grant program to the greatest extent possible as a means of providing needed business development and entrepreneurship programming and

WHEREAS Staff have identified development of food-based businesses as a successful regional business cluster which could be expanded within the City of Independence and

WHEREAS local and regional economic development plans have identified a shared-use commercial kitchen as an important asset to reduce barriers to entry for food-based startup businesses and

WHEREAS the City of Independence has an existing partnership with IndyCommons to support entrepreneurship and business development within the community and

WHEREAS the City of Independence has available matching funds from the State of Oregonrsquos Rural Opportunity Initiative which will fund food-based business programming and services at the new kitchen facility and

Page 41 of 81

Page 2 of 2 Resolution 20-1526 Authorizes USDA Grant Application

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF INDEPENDENCE AS FOLLOWS

Section 1 The City Council demonstrates its support for the submittal of a grant application to the United States Department of Agriculture for development of a shared-use commercial kitchen and delegates authority to sign grant documents to City Manager Tom Pessemier

Section 2 This Resolution shall be effective following its adoption by the City Council

Passed by the City Council this 14th of April 2020

Effective Date April 14 2020Signed by the Mayor April 14 2020

__________________________John McArdle Mayor

ATTEST

_______________________Karin Johnson MMCCity Recorder

Page 42 of 81

555 South Main Street Post Office Box 7 Independence OR 97351Phone 503838-1212 Fax 503606-3282 email tpessemierciindependenceorus

TO Mayor and City CouncilFROM City Manager Tom Pessemier

MEETING DATE April 14 2020SUBJECT Approval of IGA Mid-Willamette Valley

Homeless Alliance Continuum of Care

[ ] Information Only [ X ] Action Requested

Statement of IssueAn Inter-Governmental Agreement concerning the Mid-Willamette Valley Homeless Alliance is submitted for council consideration

BackgroundIn 2019 the City of Independence along with the cities of Monmouth Keizer Salem the Salem-Keizer School District Polk and Marion counties and the Confederated Tribes of Grand Ronde and with the Mid-Willamette Valley Council of Governments (COG) formally organized the Mid-Willamette Valley Homeless Alliance (MWVHA) which serves as our regionrsquos Continuum of Care (CoC) The CoC is committed to the goal of preventing and ending homelessness within Polk and Marion counties The CoC was recognized by the US Housing and Urban Development Department (HUD) on 12-11-19 and to that end a formal Governance Charter was approved by the MWVHA Board of Directors on 2-13-20

The MWVHA Board of Directors is a collaboration of the members and the COG has provided administrative support for the member governments The MWVHA is not a legal entity and HUD regulations require a legal entity to serve as the Collaborative Applicant for a Continuum of Care therefore an ORS 190 entity (Inter-Governmental Agreement or IGA) is proposed to be formed to allow the member governments to contract with the COG to provide services and for the COG to be reimbursed

DiscussionTime is of the essence this IGA establishes the terms and conditions under which the member governments will coordinate to support the MWVHA through contracting with the COG to serve as the Collaborative Applicant This IGA is a short-term solution until a new entity is designated and would expire on August 13 2020

Fiscal ImpactNo additional fiscal impact Funds have been reservedbudgeted for this project

Options1 Approve the IGA as proposed2 Approve the IGA with amendments3 Take no action

RecommendationSuggested Motion

CITY OF INDEPENDENCEMEMORANDUM

Page 43 of 81

555 South Main Street Post Office Box 7 Independence OR 97351Phone 503838-1212 Fax 503606-3282 email tpessemierciindependenceorus

Staff recommends Option 1

ldquoI move to approve the cityrsquos participation in the ORS 190 concerning the Mid-Willamette Valley Homeless Alliance and to authorize the City Manager to sign the related documentsrdquo

AttachmentsA Interim IGAB COG Scope of WorkC MWHA Governance Charter

Memo prepared by Karin Johnson City Recorder

Page 44 of 81

1 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

1 PARTIES TO AGREEMENT

This Agreement by and between the Confederated Tribes of the Grand Ronde (ldquoGrand Ronderdquo) Marion County (ldquoMarionrdquo) Polk County (ldquoPolkrdquo) and the Cities of Independence (ldquoIndependencerdquo) Keizer (ldquoKeizerrdquo) Monmouth (ldquoMonmouthrdquo) Salem (ldquoSalemrdquo) the Salem-Keizer School District (ldquoSalem-Keizerrdquo) collectively the ldquoMember Governmentsrdquo and the Mid-Willamette Valley Council of Governments (ldquoCOGrdquo) is made pursuant to ORS 190010

2 AUTHORITY This Agreement is established under the authority of Oregon Revised Statutes (ORS) Chapter 190

3 BACKGROUNDa The Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo) was formed on

September 24 2019 and recognized by the US Housing and Urban Development Department (ldquoHUDrdquo) on December 11 2019 for the Polk County and Marion County region to carry out the purposes of the HUD Continuum of Care program described in 24 CFR Part 578

b The Alliance Charter was approved by the Alliance Board of Directors on February 13 2020 (Attachment 1)

c The Alliance is a collaboration of the Member Governments non-profit service organizations and community members and is not a legal entity

d The Member Governments have made financial contributions for the 2019-2020 Fiscal Year which are being managed by COG

e The Member Governments have agreed to make financial contributions to support the Alliance for the 2020-2021 Fiscal Year subject to budgetary approval as approved by the Alliance Board of Directors (Attachment 2)

f HUD regulations require a legal entity to serve as the Collaborative Applicant for a Continuum of Care such as the Alliance

g The COG has been providing administrative support and other resources for the Alliance including contract management for independent contractors engaged by COG at the request of the Alliance During this time the Member Governments have directly paid their contribution amounts to COG to manage those funds for the Alliance

h The COG has agreed on an interim basis to continue to provide administrative support and other resources in addition to serving as the Collaborative Applicant for

Page 45 of 81

2 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

the Alliance until an ORS 190 entity has been formed and designated by the Alliance Board of Directors to serve as the Collaborative Applicant

i The Alliance Board of Directors approved the execution of this Agreement for a term to expire on August 13 2020 to allow the Member Governments to contract with the COG to provide Collaborative Applicant services and reimburse COG for services

4 PURPOSE

The purpose of this Agreement is to establish the terms and conditions under which the Member Governments will coordinate to support the Alliance through contracting with COG to serve as the Collaborative Applicant for the Alliance pursuant to 24 CFR Part 578 The parties understand and agree that this Agreement serves as an interim solution to allow COG to serve as the Collaborative Applicant and be reimbursed for its costs until a new entity is designated

5 TERM AND TERMINATION

51 This Agreement shall be effective from the date upon which the last signature is affixed hereto and shall expire on August 13 2020 unless otherwise earlier terminated or extended

52 This Agreement may be terminated by mutual consent of all parties hereto Any such termination of this Agreement shall be without prejudice to any obligations or liabilities of any party already accrued prior to such termination

6 FUNDING AND BILLING

61 The Member Governmentsrsquo fiscal year 2020-2021 contributions as set forth in Attachment 2 shall be made to COG subject to the individual Member Governmentrsquos budgetary approval Nothing in this Agreement binds any Government Member to any specific financial contribution after the 2020-2021 fiscal year

62 COG shall be reimbursed for its expenses already incurred in support of the Alliance from January 1 2020 to the effective date of this Agreement COGrsquos expenses prior to July 1 2020 shall be reimbursed from the Member Governmentsrsquo Fiscal Year 2019-2020 contributions and COGrsquos expenses for the period of July 1 2020 to the termination of this Agreement shall be from the Member Governmentsrsquo Fiscal Year 2020-2021 contributions COG shall submit an invoice to the Alliance Board for its approval for COGrsquos Fiscal Year 2019-2020 expenses no later than August 30 2020 and shall submit an invoice to the Alliance Board for its approval for COGrsquos Fiscal Year 2020-2021 expenses no later than September 30 2020

63 COGrsquos expenses under this Agreement shall not exceed the total amount of funds contributed by the Member Governments and any contributions from other members of the Alliance donations or grants provided to COG for the benefit of the Alliance subject to the rates for specific services as set forth in the Scope of Work As set forth in the Scope of

Page 46 of 81

3 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

Work COG shall provide timely financial reports to the Alliance and shall ensure that expenses do no exceed available resources approved by the Member Governments through the Alliance Board

7 OBLIGATIONS UNDER THE TERMS OF THIS AGREEMENT

71 MEMBER GOVERNMENTS agree to

a Make timely payment to COGb Maintain good standing as a member of the Alliancec Collaborate in good faith with other Member Governments to create a new ORS 190

entity to serve as the Collaborative Applicant for the Alliance

72 COG agrees to

Serve as the Collaborative Applicant for the Alliance and perform other duties as established in the Scope of Work (Attachment 3)

8 DESIGNATION OF SUCCESSOR COLLABORATIVE APPLICANT

The Member Governments understand and agree that the Alliance is required to have a Collaborative Applicant as that term is defined in 24 CFR Part 57815 which must be a legal entity The Alliance Board has indicated a desire that the Member Governments form an intergovernmental entity to serve that purpose Time is of the essence to designate a successor Collaborative Applicant and the Member Governments agree to work cooperatively and in a timely manner to agree on the new Collaborative Applicant The Member Governments also agree they will create a new intergovernmental entity to serve in that role

9 COMPLIANCE WITH APPLICABLE LAWS

The parties agree that both shall comply with all applicable federal state and local laws and ordinances applicable to the parties and the work to be done under this Agreement The parties agree that this Agreement shall be administered and construed under the laws of the state of Oregon Nothing in this Agreement shall be considered a waiver of tribal sovereign immunity

10 NONDISCRIMINATION

The parties agree to comply with all applicable requirements of federal state and local civil rights statutes rules and regulations in the performance of this Agreement

11 HOLD HARMLESSThe parties agree to indemnify and hold harmless each other for from and against all claims costs expenses (including attorney fees) losses damages fines charges actions or other liabilities solely to the extent arising from their own intentional or negligent acts or those of their agents contractors or employees and to the extent applicable the above indemnification is

Page 47 of 81

4 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

subject to and shall not exceed the limits of the Oregon Tort Claims Act (ORS 30260 through 30300) and the Oregon Constitution The parties intend to provide reciprocal indemnity obligations The parties acknowledge that the Oregon Tort Claims Act does not limit the liability of Grand Ronde in the same manner as the other parties Accordingly the parties agree Grand Rondersquos indemnity shall not exceed the indemnification limits of any other party

12 INSURANCE

Each party shall insure or self-insure and be independently responsible for the risk of its own liability for claims within the scope of the Oregon tort claims act (ORS 30260 to 30300) The parties intend to provide reciprocal liability insurance obligations The parties acknowledge that the Oregon Tort Claims Act does not apply to Grand Ronde in the same manner as other parties Accordingly the parties agree that Grand Ronde shall self-insure in an amount consistent with the liability for claims of any other party

13 MERGER CLAUSEParties concur and agree that this Agreement constitutes the entire agreement between the parties No waiver consent modification or change to the terms of this agreement shall bind either party unless in writing and signed by both parties There are no understandings agreements or representations oral or written not specified herein regarding this agreement Parties by the signatures below of their authorized representatives hereby agree to be bound by its term and conditions

Page 48 of 81

5 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

THE CONFEDERATED TRIBES OF THE GRAND RONDE COMMUNITY OF OREGON

__________________________________ ________________________ Cheryle A Kennedy DateTribal Council Chairwoman

Page 49 of 81

6 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

CITY OF INDEPENDENCE

__________________________________ _____________________Tom Pessemier DateCity Manager

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7 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

CITY OF KEIZER

__________________________________ ________________________Christopher Eppley DateCity Manager

Approved as to form

________________________________________Keizer City Attorney

Page 51 of 81

8 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

CITY OF MONMOUTH

__________________________________ _____________________Chad Olsen DateInterim City Manager

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9 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

MARION COUNTY BOARD OF COMMISSIONERS

__________________________________Chair

__________________________________Commissioner

__________________________________Commissioner

Date _____________________

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10 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

POLK COUNTY BOARD OF COMMISSIONERS

__________________________________Commissioner

__________________________________Commissioner

__________________________________Commissioner

Date _____________________

Page 54 of 81

11 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

SALEM-KEIZER PUBLIC SCHOOLS

_____________________________________ _____________________Marty Heyen Chairperson Board of Directors DateSalem-Keizer Public Schools

Page 55 of 81

12 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

CITY OF SALEM

__________________________________ _____________________Steve Powers DateCity Manager

Page 56 of 81

13 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

__________________________________ _______________________Renata Wakeley DateActing Executive Director

Page 57 of 81

Page 58 of 81

1

MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

SCOPE OF WORK FOR THE MID-WILLAMETTE VALLEY HOMELESS ALLIANCE COG shall undertake the following items in performance of this Agreement

1 Finance a Manage and process accounts payable and accounts receivable b Maintain records of project expenditures and revenues in COG financial

management system c Maintain copies of personal services contracts and other contracts for goods and

services under this Agreement d Provide monthly financial report to the Alliance Board e Provide support to and project financial statements in annual audit f Incorporate project expenditures and revenues into COG budget forecast prepare

budget documents for Alliance Board approval g Provide documentation of internal controls and other financial policies and

procedures to HUD upon request h Manage HUD planning grant when awarded Assure planning grant expenditures

made by the project are allowable per HUD regulations i Prepare any required financial reports associated with the planning grant j Accept and record Alliance member contributions and k Invoice members for annual project contributions and track contribution receipts

2 Administrative Support

a Attend Alliance Board meetings and executive committee meetings prepare draft minutes and maintain meeting records

b Assist the Alliance in scheduling meetings and other meeting-related tasks including merging documents for the meeting packet

c Schedule meeting space when available facilitate meeting logistics and preparation including setting up meeting space copying documents making name cards setting up laptop and PowerPoint equipment connecting participants through conference phone

d Maintain email lists in conjunction with the Alliance e Notice meetings per Public Meetings Law requirements f Assist the Alliance in preparing and disseminating a quarterly Alliance newsletter

COG is not responsible for creating or obtaining content for the newsletter and g Maintain Homeless Initiative web page on the COG website and provide up to six

(6) hours a month of IT support for the newly acquired and licensed Homeless Initiative web page

3 Executive Director Support

a Negotiate and approve goods and personal service contracts and contract amendments upon request of the Alliance

b Approve payments for monthly invoices c Provide executive level advice and support in working with the COG board of

directors and COG members d Authorize legal services upon request of the Alliance

Page 59 of 81

2

e Authorize IT services upon request of the Alliance f Attend MWVHA board meetings as needed and g Serve as the Collaborative Applicant for the 2020 NOFA process sign required

application documents

4 IT Support a Support development and maintenance of the Alliance website and b Other projects upon request of the Alliance and approval of Executive Director

5 Legal Services upon request of the Alliance and approval of Executive Director

6 Rates for services provided by COG are set forth COGrsquos fee schedule attached hereto as

Exhibit 1 (COG Board of Directors Resolution 2019-06) COG modifies its fee schedule annually on or about on July 1 of each year COG may modify the fees under this Agreement by not more than 15 for any individual fee upon adoption of a fee schedule for the 20-21 fiscal year and providing the Member Governments 10-daysrsquo notice of the modified fees The rates for services set forth herein apply to this Agreement and COG reserves the right to propose different rates in any future agreement pursuant to COGrsquos adopted fee schedule

Page 60 of 81

Page 61 of 81

Page 62 of 81

Page 63 of 81

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1

MID-WILLAMETTE VALLEY HOMELESS ALLIANCE GOVERNANCE CHARTER

FINAL ndash Approved by the CoC Development Council on 10-24-19 ratified by the Mid-Willamette Valley Homeless Alliance Board of Directors on 2-13-20

ARTICLE I CONTINUUM OF CARE NAME AND PURPOSE

A NAME OF THE CONTINUUM OF CARE (COC) The name of this organization is the Mid-Willamette Valley Homeless Alliance which serves as the regionrsquos Continuum of Care herein referred to as ldquothe CoCrdquo

B CONTINUUM OF CARE (COC) OVERVIEW 1 GEOGRAPHIC BOUNDARIES The CoC represents the geographic region within the boundaries of Marion

and Polk counties 2 PURPOSE The CoC is organized to carry out the purposes of the US Housing and Urban Development

(HUD) Continuum of Care program as described in 24 CFR Part 578 The CoC promotes communitywide commitment to the goal of preventing and ending homelessness provides funding for efforts by nonprofit providers and state tribal and local governments to quickly rehouse homeless individuals including unaccompanied youth and families while minimizing the trauma and dislocation caused to homeless individuals families and communities by homelessness promotes access to and effective utilization of mainstream housing and homeless services programs by homeless individuals and optimizes self-sufficiency among individuals and families experiencing homelessness Its work includes gathering and analyzing data to determine local needs of and resources available to people experiencing homelessness developing and prioritizing a menu of strategic responses collaboratively implementing a strategic plan promoting service coordination educating the public on homeless issues providing advice and input on homeless services operations leveraging resources for maximum impact and measuring and promoting strong program performance Through collaborative efforts of local and tribal governments school districts nonprofit organizations and other participating stakeholders the CoC seeks to develop an evidence-based system of services including stable housing designed to meet the unique and complex needs of adults youth children and families in Marion and Polk counties who are at risk of or are experiencing homelessness ICLE 3 ndash GEOGRAPHIC RE

ARTICLE II CONTINUUM OF CARE GOVERNANCE STRUCTURE

A BOARD OF DIRECTORS 1 NAME The name of the CoC governing board is the Mid-Willamette Valley Homeless Alliance Board of

Directors herein referred to as the ldquoCoC Boardrdquo or the ldquoBoardrdquo The CoC has established a governing board as required by 24 CFR part 5787(a)(3) The Board is responsible for the overall policy and direction of the CoC and may delegate responsibility for day-to-day operations to staff and committees

2 VOTING MEMBERSHIP The Board will consist of at least thirteen (13) voting members that have no

conflicts of interest as defined in Article III of this charter and 24 CFR part 57895 Board members will

Page 65 of 81

2

serve without compensation Board membership includes representation from the following organizations or subpopulations

a One representative from each of the following organizations

i Union Gospel Mission a faith-based organization ii The Confederated Tribes of Grand Ronde iii Local governments

(a) City of Independence (b) City of Keizer (c) City of Monmouth (d) Polk County

iv Salem-Keizer School District (24J) v Salem Health vi Homeless or formerly homeless individuals appointed by the Law Enforcement Assisted Diversion

Program and vii United Way of the Mid-Willamette Valley a nonprofit organization

b Two representatives from the City of Salem and Marion County In the alternative pursuant to

Section 11 of Article 2 Marion County and the City of Salem may appoint one representative who may exercise two votes

3 EX-OFFICIO BOARD MEMBERS In addition seven (7) ex-officio participants may serve as non-voting ex-

officio board members participating in discussions and representing such groups as a Marion County Salem and West Valley Housing Authorities b Mid-Willamette Valley Community Action Agency c Polk County Veteran Services and d Co-chairs of the CoC Collaborative Committee

4 BOARD SELECTION PROCESS

a The initial CoC Board of Directors will be nominated by the Development Council established by a 2019 Memorandum of Agreement in consultation with the stakeholders workgroup

b Each organization nominated for representation on the CoC Board will identify persons to serve who hold elected or senior staff roles in decision-making for that organization

c Members serve at the pleasure of the CoC Board d Any directors representing organizations newly added to the Board by amendment to this charter

will be nominated and confirmed by vote of the CoC board e Pursuant to 24 CFR part 5787(a)(3) the CoC Board will submit this written selection process to the

CoC Collaborative Committee described in Section D of this article and Board of Directors for review update and approval at least once every five (5) years

5 BOARD FINANCIAL CONTRIBUTIONS Each organization represented as a voting member on the CoC

board will contribute funds to supplement CoC operations contingent on the organizationrsquos budgetary

authority Contributions will be reviewed and approved annually by the CoC board

6 BOARD ALTERNATES Board members may designate an Alternate for a single meeting who can attend in the board memberrsquos place if the member must miss a meeting The Alternate must represent the same organization or subpopulation as the absent Board member Prior to the board meeting the absent Board member or his or her designee must communicate in writing to CoC staff confirming the Alternatersquos attendance and granting authority for the Alternate to vote

Page 66 of 81

3

7 TERMINATION The Board may remove any member when it determines it is in the interest of the CoC to do so Member terminations require a 23 vote of the appointed voting membership Reasons for removal include excessive absences from meetings conduct that is contrary to the Boardrsquos code of conduct or noncompliance with conflict of interest or other board policies

8 RESIGNATION Resignations by Board members shall be submitted in writing to CoC staff who will forward the resignation notice to board leadership Resignations will be announced at the next regularly scheduled board meeting For board positions representing designated organizations resignation is implied if a person seated on the board is no longer affiliated with the organization that appointed him or her The appointing organization is then responsible for assuring that another qualified person is appointed to represent that organization

9 MEETINGS Pursuant to 24 CFR part 5787(a)(1) the Board will meet at least semi-annually in conjunction with the CoC Collaborative Committee to conduct general CoC business Inclusive of these semi-annual joint meetings the board will meet at least quarterly and may meet more frequently at the call of the chair The CoC Board is a public body subject to the public meetings and record laws as stated in ORS Chapter 192 All meetings will be open to the public

10 QUORUM A majority defined as 50 plus one of the appointed voting Board membership will constitute a quorum for the transaction of all business at meetings Members may attend either in person or by conference call so long as persons in attendance and on the telephone can both hear and communicate with each other Members attending by telephone conferencing may be counted towards achieving a quorum

11 VOTING Each Board member will hold one vote on all matters brought before the board However in recognition of their significant financial contributions to the effort Marion County and the City of Salem may select two persons to represent each organizationrsquos interests on the CoC Board or in the alternative may select one representative who shall have two votes on any matter Board decisions shall be made by a majority of the total votes available to the entire appointed voting Board membership

12 NOTICE AND INCLUSION a The Board will provide for and give public notice reasonably calculated to give actual notice to

board members interested persons news media that have requested notice and general public notice Notice shall include the time and place for holding regular meetings The notice will also include a list of the primary subjects anticipated to be considered at the meeting Distribution of meeting notices will be in a manner that maximizes the potential of the public awareness of Board proceedings and for the public to participate in its deliberations

b Whenever possible matters resulting in a recommendation to the Board will be deliberated during a minimum of two meetings to assure maximum participation

c The Board encourages input to its deliberations and decision-making from a diversity of stakeholders including consumers and community members from diverse genders racial and ethnic origins cultural groups and geographic areas within the CoC boundaries CoC members are encouraged to bring ideas or concerns to the attention of the CoC Board and staff

d The Board will conduct outreach at least semi-annually with business organizations such as economic development forums chambers of commerce and Rotary clubs to inform business leaders about current issues surrounding homelessness and gather information from a business perspective

13 AGENDAS Items may be placed on a meeting agenda by any Board member or by CoC staff The agenda will be distributed to members and through public notice at least one week prior to a Board meeting

Page 67 of 81

4

B BOARD OFFICERS 1 CHAIR The Board will accept nominations and elect a chair annually The chair may be elected for

subsequent terms The chair will act as leader of the convened meeting and as the parliamentarian The chair will enforce Board policies and membership rules and will guide the conduct of public meetings The chair is the official Board representative and shall be the primary spokesperson to the media

2 VICE CHAIR The chair will select a vice chair with board consent In the absence of the chair the vice chair will assume the chairs responsibilities If neither the chair nor vice chair is available for a public meeting then the assembled quorum of the meeting will select a temporary chairperson to conduct the meeting

3 EXECUTIVE COMMITTEE LEADERSHIP The chair and vice chair serve as leaders of the CoC Executive Committee as described in Section E1

C STAFF RESPONSIBILITIES TO THE CoC BOARD

1 STAFF SUPPORTCOLLABORATIVE APPLICANT Subject to available funding for CoC operations Mid-

Willamette Valley Council of Governments (COG) will serve as the Collaborative Applicant described in

Article IV Section E and provide staff support that could be employees contractors and in-kind

support as well as in-kind materials and services to support the CoC To maintain a neutral role in

facilitating council meetings staff representing the COG will not hold authority to vote on matters

placed before the CoC Board

2 UNIFIED FUNDING AGENCY The CoC will seek designation as a Unified Funding Agency from the US

Department of Housing amp Urban Development

3 MEETING PREPARATION CoC staff is responsible for meeting preparation which includes

a Locating reserving and preparing the meeting space b Sending meeting notice agendas and minutes to the CoC distribution list one week prior to the

meeting and a reminder one day prior to the meeting c Compiling background materials and staff reports d Planning Board meetings in collaboration with the Executive Committee e Taking attendance at meetings and f Providing facilitation as needed

4 MINUTES CoC staff will serve as the CoC Board Administrator and prepare meeting minutes Minutes

will include a list of the members present motions proposals resolutions and orders proposed and their disposition the results of all votes and a vote by each member by name the substance of any discussions on any matter and reference to any document discussed at that meeting Minutes will be posted on the CoC website and distributed to the Board membership one week prior to the monthly meeting

5 RECORDS Pursuant to 24 CFR part 578103 and 24 CFR part 5785(b) staff will maintain CoC records to document compliance with HUD requirements including the following a Approved CoC governance charter that includes a written process to select the CoC board b Documentation of required reviews and updates including the annual charter review and review of

Board selection process every five years c CoC Board and committee rosters designating representation of sectors and subpopulations d Agendas and minutes of CoC Board committee subcommittee and workgroup meetings

Page 68 of 81

5

e Designation of a single Homeless Management Information System (HMIS) for the CoC f CoC applications for funds as set forth in 24 CFR part 5789 g Use of planning funds for eligible costs and other grant management documentation pursuant to 24

CFR part 57839 and h Completed and signed CoC conflict of interest forms required in Article III Section 5 of this charter

6 OTHER RESPONSIBILITIES CoC staff will maintain distribution lists distribute communications to CoC members and the community at large develop and maintain a CoC webpage support CoC committees and workgroups produce and submit applications for funds and perform other duties as assigned by the CoC Board to support the CoC

D CoC COLLABORATIVE COMMITTEE 1 PURPOSE The purpose of the CoC Collaborative Committee is to assist the Board in accomplishing the

responsibilities of the Continuum of Care as described in Article IV

2 MEMBERSHIP Participation in the Continuum of Care is open through the CoC Collaborative Committee to interested organizations and to interested individuals representing the community at large Member agencies will be responsible for identifying CoC representatives Participating agencies may have more than one person identified as a CoC representative Homeless and formerly homeless people are encouraged and supported to participate A roster of CoC Collaborative Committee participants will be maintained and posted on the CoC website

3 VOTING Each member organization and community at large member who has participated in at least two (2) meetings in the preceding twelve (12) months after the initial year of CoC operations shall have one vote at subsequent meetings on each matter submitted to a vote of CoC members To the maximum extent possible committee meetings shall operate on a consensus basis However members can request a majority vote on specific issues Agencies with more than one representative in attendance will determine in advance which representative will vote In all cases each member organization has only one vote

4 RESIGNATION Member agencies may resign from the CoC Collaborative Committee by sending a

written communication to CoC staff

5 CO-CHAIRS The CoC Board will appoint co-chairs to facilitate CoC Collaborative Committee meetings based on nominations from the CoC Collaborative Committee One co-chair will represent the public (governmental) sector and the other will represent the private (nongovernmental) sector Co-chairs will serve for two-year terms and may be reappointed by the Board

5 RECRUITMENT AND OUTREACH The CoC Board will publish and disseminate an open invitation at least annually for those within the CoC area to join as new CoC Collaborative Committee members CoC staff will document recruitment efforts The CoC Board will identify and address membership gaps in essential sectors and will recruit so that membership requirements are being met pursuant to 24 CFR part 5787 Outreach will be conducted to obtain representation from the following groups listed in 24 CFR part 5785(a)

a Nonprofit homeless assistance providers b Victim service providers c Faith-based organizations d Governments

Page 69 of 81

6

e Businesses f Advocates g Public housing agencies h School districts i Social service providers j Mental health agencies k Hospitals and health care organizations l Universities m Affordable housing developers n Law enforcement o Organizations that serve veterans p Homeless and formerly homeless individuals and q Other relevant organizations within the CoCrsquos geographic boundaries such as organizations and coalitions that serve unaccompanied youth employment councils substance abuse providers and early learning hubs

E COMMITTEES AND WORKGROUPS 1 STANDING COMMITTEES AND WORKGROUPS The CoC Board will appoint members representing

organizations participating in the CoC Collaborative Committee to the standing committees and workgroups listed in this section as E1 a through d The Board will also designate chairs or co-chairs to facilitate committee or workgroup meetings CoC staff will be assigned to take notes at committee and workgroup meetings and assure that CoC policies and processes are followed CoC staff will also maintain lists of committee and workgroup membership and post the lists to the CoC webpage a PERFORMANCE AND EVALUATION COMMITTEE The Performance and Evaluation Committee shall

review and recommend to the Board the policies timelines and scoring tools for application review and ranking process as part of the Continuum of Care competition for funds The Performance and Evaluation Committee shall also be responsible for monitoring and reviewing CoC-funded projects and general system performance The Performance and Evaluation Committee shall make recommendations to the CoC Board to improve system performance with input from the CoC Collaborative Committee Members of this committee may not have a conflict of interest described in Article III and may not be recipients of HUD funds i The CoC Board will appoint a subcommittee of not fewer than five (5) Performance and

Evaluation Subcommittee members to review and rank project applications during the annual process described in Article IV Section E

ii The Board will strive to appoint subcommittee members who are knowledgeable about homelessness and housing in the region and representative of relevant sectors subpopulations and geographic areas of the region

iii Subcommittee members must have completed conflict of interest forms on file with CoC staff affirming that they are not employees or do not have a business relationship or other conflicts of interest as described in Article III

iv Subcommittee members must be willing to dedicate time for application review and subcommittee meetings during the application process

b COORDINATED ENTRY COMMITTEE The Coordinated Entry Committee creates the policies and

procedures for the CoCrsquos coordinated entry system The committee is also responsible for monitoring the progress of organizations implementing coordinated entry to ensure it is functioning effectively arranging for technical assistance to participating organizations and recommending changes as necessary The committee shall recruit agencies for participation in coordinated entry

Page 70 of 81

7

c HMIS USERS WORKGROUP The HMIS Users Workgroup consists of representatives from organizations using the Homeless Management Information System (HMIS) The workgroup is co-chaired by the HMIS Lead organization or its designee and the HMIS Designated Coordination Entity as described in Article IVB2 The workgroup shall monitor the progress of organizations using HMIS develop strategies for improving HMIS ease of use troubleshoot data reporting and data quality issues and review and make recommendations on HMIS policies and protocols to the HMIS Lead HMIS Coordination Entity and CoC Board

d POINT-IN-TIME COUNT WORKGROUP The Point-in-Time Count workgroup shall work with the

HMIS Coordination Entity named in Section D2 to organize and conduct the Point-in-Time count including recruitment training and support of volunteer outreach workers for the event

2 SPECIAL COMMITTEES AND WORKGROUPS The Board may authorize the formation of special

committees or workgroups as necessary to deal with specific problems or issues as the Board believes appropriate The Board will appoint members to special committees and workgroups These special committees or workgroups will be time limited and be provided a scope of work from the Board Special committees and workgroups will report their findings and recommendations to the Board upon request or upon the conclusion of their work

3 EXECUTIVE COMMITTEE The Executive Committee is composed of the chair vice chair and at least

three additional Board members The committee works closely with staff to guide the work of the CoC Board Committee members may not serve on the Performance and Evaluation Committee Committee responsibilities include the following a Prepare meeting agendas and ensure matters are ready for Board meetings b Act on matters when authority has been delegated by the full Board to do so and c Act on time sensitive administrative matters that require a decision between Board meetings with

notice provided to all Board members prior to taking action and with the action(s) to be ratified at the next Board meeting Time sensitive administrative matters include but are not limited to required municipal state or federal reports and letters of support associated with grant applications Action will not be taken under this subsection if any Board member notifies the Board Chair of the members objection prior to the Executive Committees action on a time sensitive matter

4 APPEALS COMMITTEE The Board may appoint a committee of three (3) Board members to review and

make appeal decisions during the application process described in Article IV Section E Those appointed to the Appeals Committee may not have participated in the rank and review process must have signed conflict of interest forms on file with CoC staff and must affirm upon committee appointment that they do not have conflicts of interest with agencies applying for CoC Program funding In the alternative the Board may also delegate this responsibility to the Executive Committee

Page 71 of 81

8

ARTICLE III CONFLICT OF INTEREST AND CODE OF CONDUCT

NUUM OF CARE GOVERNANC A CONFLICT OF INTEREST

1 GENERAL PROVISIONS A conflict of interest is a situation in which a CoC Board member or one of his or her family members has a personal or financial interest that compromises or could compromise the Board or committee memberrsquos independence of judgment in exercising his or her responsibilities to the CoC It is the position of this CoC that conflicts of interest shall not compromise the CoCrsquos work and that even the appearance of a conflict shall be avoided in all circumstances

2 ADHERENCE TO CONFLICT OF INTEREST POLICY CoC Board and committee members are expected to adhere to the CoC Conflict of Interest Policy which requires the member to minimize conflicts of interest disclose ethical legal financial and other conflicts and remove themselves from decision-making if they would otherwise be called on to act on a conflict involving themselves their family members or entities with which they or their family members are closely associated Under the policy Board members are required to disclose actual or potential conflicts of interest as well as certain relationships and transactions No CoC Board member may participate in or influence discussions or resulting decisions concerning the award of a grant or other financial benefits to the organization that the member represents pursuant to 24 CFR part 57895

3 DEFINITIONS The CoC will assure that Board and committee members acknowledge the federal and state definitions of conflict of interest and are in full compliance with state and federal law a Conflict of Interest definitions aligning with federal statute are

i Conflict of Interest generally means a situation in which a Board member or his or her immediate family member has directly him- or herself or indirectly through another individual or entity a personal or financial interest that compromises or could compromise the Board memberrsquos independence of judgment in exercising his or her responsibilities to the CoC

ii Prohibited Conflict of Interest means a conflict of interest that would prevent a Board member from serving on the Board or participating in any of the Board activities A Board member who has a potential or actual Prohibited Conflict of Interest must resign from the Board Prohibited Conflicts of Interest include CoC compensation and employment loans federal employee status use of CoC equipment facilities assets or staff time for non-CoC purposes and acceptance of gifts gratuities favors or anything of monetary value

iii Issue-Specific Conflict of Interest means a conflict of interest that would prevent a Board member from voting on or being present during the discussion of a specific issue such as votes on contracts and CoC leadership

b Oregon Revised Statutes Chapter 244 defines actual and potential conflict of interests for members

of public bodies No Board or committee member shall participate in a decision in which he or she has a private pecuniary interest Affected members shall disqualify themselves from participation by written notification to the Board as required by ORS 244120

i A potential conflict of interest exists when a Board or committee member takes an action that

reasonably could be expected to have a financial impact on that member a relative or a business with which the member or members relative is associated The member may participate in an action after declaring the potential conflict and announcing its nature

Page 72 of 81

9

ii An actual conflict of interest exists when an action is reasonably certain to result in a special benefit or detriment to the member a relative or a business with which the member or members relative is associated The member will declare the actual conflict and announce its nature The member must then refrain from taking any official action except when the members vote is necessary to achieve a quorum When a vote is necessary to achieve a quorum the member may vote but may not participate in any discussion or debate on the issue out of which the actual conflict arises

4 PENALTIES A Board member who purposefully conceals a conflict of interest refuses to recuse him- or

herself from voting or engages in other conduct that violates the CoC Conflict of Interest policy will be subject to removal from the Board

5 ANNUAL DECLARATION Board and committee members are to annually receive a copy of the CoC Conflict of Interest Policy sign the CoCrsquos Conflict of Interest form and submit the form to CoC staff

B B CODE OF CONDUCT 1 GENERAL PROVISIONS CoC members are expected to observe the highest standards of ethical conduct

in the execution of their responsibilities to conduct themselves with courtesy and respect and to refrain from harassment intimidation discrimination and physical or verbal abuse

2 CONFIDENTIALITY CoC members must respect and maintain the confidentiality of sensitive information

they may gain from their association with the CoC This may include personal information about community members experiencing homelessness

3 RESPONSIBILITY AND INTEGRITY In the performance of their duties CoC members are expected to carry out CoC duties to the best of their abilities and to maintain the highest standards of integrity for actions with other CoC members including CoC Board members service providers service recipients and members of the general public CoC Board and committee members shall put forth honest effort in the performance of their duties to advance the CoCrsquos mission exercising sufficient control and supervision over matters for which they are individually responsible and should not do anything to bring the full CoC or its members into disrepute

4 MISUSE OF POSITION Misuse of position is prohibited A CoC member must not use his or her position with the CoC for personal gain or for the benefit of family or friends

5 COMMUNICATIONS CoC members shall make clear when communicating publicly or with the media whether they are speaking in their own name on behalf of their agency or organization or on behalf of the CoC if the CoC Board has empowered them to speak on the CoCrsquos behalf

6 WASTE FRAUD AND ABUSE CoC members shall disclose waste fraud abuse and corruption in the operation of the Continuum of Care to appropriate authorities

7 EQUAL OPPORTUNITY CoC Board members shall adhere to laws and regulations that provide equal opportunity for all people regardless of race color religion gender identity national origin ethnicity sexual orientation age or disability

Page 73 of 81

10

8 PENALTIES This Code of Conduct will be distributed annually to CoC members Members in violation of any portion of this Code of Conduct will be subject to disciplinary action which could include immediate termination from the CoC Board or CoC committees

9 ANNUAL DECLARATION Board members are to annually receive a copy of the Code of Conduct acknowledge receipt by signing a form and submit a copy of the signed form to CoC staff

O ARTICLE II CONTINUUM FCARE GOVERNANCE STRUCTURE

ARTICLE IV OPERATING THE CONTINUUM OF CARE

A CoC RESPONSIBILITIES The CoC Board is responsible for assuring that the following responsibilities are accomplished with broad participation from CoC stakeholders

1 Hold meetings of the full membership with published agendas at least semi-annually pursuant to 24 CFR part 5787(a)(1)

2 Make an invitation for new members to join the CoC publicly available within the geographic area at least annually pursuant to 24 CFR part 5787(a)(2)

3 Adopt and follow a written process to select a board to act on behalf of the CoC The process must be reviewed updated and approved by the CoC at least once every five (5) years pursuant to 24 CFR part 5787(a)(3)

4 Appoint additional committees subcommittees or workgroups pursuant to 24 CFR part 5787(a)(4)

5 In consultation with the Collaborative Applicant and HMIS Lead develop follow and update annually a governance charter which will include all procedures and policies needed to comply with Subpart B of part 5787 and with HMIS requirements as prescribed by HUD and a code of conduct and recusal process for the board its chair(s) and any person acting on behalf of the board pursuant to 24 CFR part 5787(a)(5)

6 Consult with recipients and subrecipients to establish performance targets appropriate for population and program type monitor recipient and subrecipient performance evaluate outcomes and take action against poor performers pursuant to 24 CFR part 5787(a)(6)

7 Evaluate outcomes of projects funded under the Emergency Solutions Grants (ESG) program and the CoC program and report to HUD pursuant to 24 CFR part 5787(a)(7)

8 In consultation with recipients of Emergency Solutions Grants program funds within the geographic area establish and operate either a centralized or coordinated assessment system that provides an initial comprehensive assessment of the needs of individuals for housing and services The CoC must develop a specific policy to guide the operation of the centralized or coordinated assessment system on how its system will address the needs of individuals and families who are fleeing or attempting to flee domestic violence dating violence sexual assault or stalking but who are seeking shelter or services from nonvictim service providers This requirement along with requirements established by HUD by notice is pursuant to 24 CFR part 5787(a)(8)

Page 74 of 81

11

9 In consultation with recipients of Emergency Solutions Grants program funds within the geographic

area establish and consistently follow written standards for providing CoC assistance as further described in 24 CFR part 5787(a)(9)

10 Designate and operate a single Homeless Management Information System (HMIS) for the geographic area including designating a single system and an HMIS lead reviewing revising and approving a privacy plan security plan and data quality plan for the HMIS ensuring consistent participation of recipients and subrecipients in the HMIS and ensuring that the HMIS is administered in compliance with HUD requirements pursuant to 24 CFR part 5787(b)

11 Develop a CoC plan that includes coordinating the implementation of a housing and service system that meets the needs of homeless individuals including unaccompanied youth and families The system shall include at a minimum outreach engagement assessment shelter housing supportive services and prevention strategies pursuant to 24 CFR part 5787(c)(1)

12 Plan for and conduct at least biennially a Point-in-Time Count of homeless persons within the geographic area as described in 24 CFR part 5787(c)(2)

13 Conduct an annual gaps analysis of the homeless needs and services available within the geographic area pursuant to 24 CFR part 5787(c)(3)

14 Provide information required to complete the Consolidated Plan(s) within the CoCrsquos geographic area pursuant to 24 CFR part 5787(c)(4)

15 Consult with state and local government Emergency Solutions Grants program recipients within the CoCrsquos geographic area on the plan for allocating Emergency Solutions Grants program funds and reporting on and evaluating the performance of Emergency Solutions Grants program recipients and subrecipients pursuant to 24 CFR part 5787(c)(5)

16 Prepare an application for funds that includes a collaborative process in response to a Notice of Funding Availability (NOFA) published by HUD under 24 CFR part 57819

17 OF THE COC AND THE COC BOARD

B CoC REPORTS The CoC Board shall approve the following reports and documents prior to releasing such reports and documents to the community

1 CoC Program Project Priority List 2 Inventory of Homeless Services 3 Annual or Biennial Point-in-Time Count Report 4 Housing Inventory Chart 5 Longitudinal Systems Analysis (LSA) and 6 Homeless Coordinated Entry System Report

Page 75 of 81

12

C CoC CORRECTIVE ACTIONS PROCESS 1 ANNUAL PROGRAM REVIEW CoC funded programs or projects will be reviewed by the Performance

and Evaluation Committee annually with findings reported to the CoC Board 2 RESPONSES TO IMPROVE PROGRAM PERFORMANCE

a Should the Board determine that a program is not meeting established performance measures staff will notify the program or project in writing The organization overseeing the program or project will have the opportunity to provide additional performance information within 30 days of receipt of the CoC notification

b If the program or projectrsquos performance is related to certain items as determined by the CoC Board such as late Annual Performance Report submissions unused funding low utilization low exits to permanent housing low scores on income measures or alignment of program participation with wait list protocols the CoC Board may place a program on probation to improve its performance

c During the probationary period the CoC will enter into a Performance Improvement Agreement with the program or project needing improvement listing specific expectations and timeline

d CoC staff will facilitate technical assistance as needed and available as part of the Performance Improvement Agreement The organization overseeing the program or project is responsible for requesting specific assistance in low-scoring performance areas and requesting clarifications from the CoC about performance measures and expectations

e The length of the probationary period will be proposed by the Performance and Evaluation Committee negotiated by CoC staff and approved by the CoC Board Extensions may be requested for extenuating circumstances and are subject to Board approval If the program or project does not fulfill the agreed-upon expectations included in the Performance Improvement Agreement the Board may reduce funding or ranking may reject future applications from that program or project for HUD CoC Program funds or other remedies approved by HUD

D DESIGNATING AND OPERATING A HOMELESS MANAGEMENT INFORMATION SYSTEM

1 HMIS PURPOSE The primary purpose of the CoCrsquos Homeless Management Information System (HMIS) is to aggregate data on homelessness across Marion and Polk counties to accurately describe the regionrsquos scope and evaluate the effectiveness of efforts to reduce and end homelessness The CoC uses HMIS to a Understand the characteristics and service needs of homeless people b Analyze how homeless people use services c Evaluate program effectiveness and outcomes d Improve access to and delivery of services for people experiencing homelessness and e Strengthen community planning and resource allocation

2 DESIGNATED HMIS ROLES Oregon Housing amp Community Services (OHCS) is designated as the HMIS Lead AgencyAdministrator Portland Housing Bureau is the vendor that provides the licensed software for the HMIS system Mid-Willamette Community Action Agency is designated as the CoC regionrsquos HMIS Coordination Entity designated by the HMIS Lead to coordinate data collection and data analysis for the region The CoC Board oversees the work of the HMIS partners

3 HMIS DECISIONMAKING AUTHORITY HMIS decisions which affect local CoC operations are made by the

HMIS Administrator in consultation with the HMIS Users Workgroup and HMIS Coordination Entity HMIS decisions which affect CoCs participating in statewide HMIS implementation will be made by the Northwest Social Services Connections Committee with representation from each CoC in Oregon The

Page 76 of 81

13

HMIS Lead will keep CoC staff informed of issues and decisions and will provide a summary of key decisions to the CoC Board at least annually

4 HMIS LEAD RESPONSIBILITIES Oregon Housing amp Community Services as HMIS Lead works closely with

the CoC and is responsible for maintaining the CoCrsquos HMIS system in compliance with HUD standards OHCS is responsible for coordinating the following activities a Providing operation security maintenance system auditing and technical support of HMIS central

hardware software and connectivity b Executing a written HMIS Participation Agreement with each Contributing HMIS Organization (CHO)

which includes the role obligations and authority of the HMIS Lead and the organization and requirements to comply with security privacy and data quality plans

c Setting up and managing user accounts access levels and passwords d Providing technical and user support for HMIS software including agency account set-up system

monitoring and testing problem diagnosis and resolution and routine software and information maintenance

e Providing and coordinating ongoing training and technical support for the system f Ensuring consistent HMIS participation by CoC and Emergency Shelter Grant (ESG)recipients and

subrecipients g Maintaining and updating a Privacy Plan Security Plan and Data Quality Plan h Ensuring the accuracy of data including regularly assessing that all participating agencies are

accurately and comprehensively capturing participant entry and exit dates and providing technical assistance to correct data quality challenges

i Coordinating regular end user meetings ie HMIS Users Workgroup meetings to discuss software updates data entry report writing and system management issues

j Serving as point of contact for end user questions and concerns k Assessing compliance with the CoCrsquos HMIS Policies and Procedures Manual l Maintaining contact with the software product developer to ensure consistent and uniform

communication among product support personnel and the community m Generating information on the communityrsquos homeless and housing situation for community

planning advocacy and funder reporting requirements n Assisting end users in the creation of custom reports and queries o Providing regular aggregate data reports to participating agencies CoC staff and the CoC Board p Reviewing and implementing product upgrades q Completing the Annual Homeless Assessment Report r Conducting regular data quality checks and providing reports to the CoC Board and s Serving as the applicant to HUD for grant funds to be used for HMIS activities for the CoCrsquos

geographic area as approved by the CoC Board

5 PROVIDER PARTICIPATION Any organization within the CoC geographic region that receives Continuum of Care Program and Emergency Solutions Grant (ESG) funds must participate in HMIS as a Contributing HMIS Organization (CHO) In addition the CoC encourages all providers of services to homeless individuals and families within the CoC geographic area regardless of whether they receive CoC or ESG funds to become a CHO and include their data in HMIS

6 HMIS MANUAL To ensure compliance with HUD requirements the HMIS Lead in collaboration with the

HMIS Coordination Entity HMIS Users Workgroup and other stakeholders is responsible for developing and annually reviewing and updating the CoCrsquos HMIS Policies amp Procedures Manual The manual provides the framework for the ongoing operations of the HMIS system It includes the CoCrsquos privacy data quality and security plans for the HMIS system At any time the HMIS Lead HMIS Coordination Entity HMIS Users Workgroup or CoC Collaborative Committee may identify elements of policies or

Page 77 of 81

14

procedures or other HMIS-related plans that need to be revised Recommendations for revisions are to be submitted to the HMIS Lead The HMIS Lead will present the HMIS Policies amp Procedures Manual to the CoC Board annually or more frequently if significant substantive changes are proposed

E PREPARING AN APPLICATION FOR FUNDS 1 PURPOSE A major function of the Continuum of Care is to prepare and oversee the applications for CoC

funds administered by HUD under the McKinney-Vento Homeless Assistance Act The CoC Program is designed to assist individuals and families experiencing homelessness and to provide the services needed to help them move into housing with the goal of long-term stability The CoC Program funds important housing and services programs such as permanent housing (including permanent supportive housing and rapid re-housing) transitional housing and supportive services programs HUD CoC Program funds are granted annually based on a national competition following the release a Notice of Funding Availability (NOFA) Recipients of Emergency Solutions Grant funds another homeless assistance grant administered under the McKinney-Vento Act are required by HUD to coordinate with the CoC The CoC addresses that requirement through coordinating with the ESG review and ranking process and ESG scoring tool development

2 COLLABORATIVE APPLICANT The Mid-Willamette Valley Council of Governments (COG) is designated as

the CoC Collaborative Applicant and is responsible for leading and supporting all aspects of the annual HUD CoC NOFA application process including submission of the Consolidated Application

3 PROJECT REVIEW PROCESS

a Immediately after HUDrsquos Continuum of Care Program NOFA is released the Collaborative Applicant will coordinate and carry out the activities needed to successfully submit a Consolidated Application on behalf of the CoC

b Tasks required for project review in preparation for NOFA submission include the following

i Prior to the NOFA release the Collaborative Applicant will develop a draft timeline for the NOFA process and design scoring tools and any corresponding local application materials to assist in the review and ranking of renewal and new project applicants Review and ranking materials will take into consideration both local and HUD priorities

ii Scoring tools and the draft timeline will be reviewed by the Performance and Evaluation Committee and recommended to the CoC Board for approval

iii Upon publication of the NOFA the Collaborative Applicant will schedule and publicize a date and time for a Technical Assistance Workshop and finalize the timeline and priorities for the NOFA process

iv Applicants may participate in the Technical Assistance Workshop At the workshop the Collaborative Applicant will present an overview of the NOFA and the process for reviewing and ranking applications The orientation will describe HUD application requirements supplemental local application materials the scoring tool and applicable deadlines and dates Applicants will also have an opportunity to ask questions The CoCrsquos NOFA timeline and application materials will be posted in the CoC webpage

v Applicants will complete and submit application materials by the established deadline vi Late applications will not be accepted vii As an exception to Article IVD3bvi applicants with significant extenuating circumstances may

submit a petition to CoC staff for an extension Extensions require the approval of the CoC Board or the CoC Executive Committee if delegated the authority for this purpose by the Board It is anticipated that exceptions will be granted in very rare circumstances and not applied in

Page 78 of 81

15

situations where advance planning could have resulted in the application being submitted timely

viii Incomplete applications cannot be supplemented with more information or materials to reach a level of completeness once submitted to the CoC for review and ranking but must be completed prior to HUD submission if selected for funding

ix A subcommittee of the Performance and Evaluation Committee is appointed by the CoC Board to review and rank project applications as described in Article II Section E Subcommittee members receive and review application and scoring materials prior to the subcommittee meeting in preparation to score each programrsquos application

x The subcommittee of the Performance and Evaluation Committee meets to jointly discuss and critique each application and may interview applicants as part of the meeting If applicant interviews are included in the review process all applicants must have the opportunity for an interview After discussion and any applicant interviews subcommittee members individually score applications based on the scoring tools

xi A preliminary ranked list is created by the following procedures (a) A ranked list is prepared based on a composite of raw scores for each application (b) Applications that do not meet certain threshold requirements as detailed on the scoring

tool will not be included on the ranked list (c) If the NOFA makes available bonus funds in a program area the highest scoring eligible

projects will be designated for bonus funding in those relevant program areas xii The CoCrsquos goals for priority funding are to promote high-performing projects in alignment with

community and federal priorities Scoring tools will reflect the communityrsquos implementation of local and federal priorities as determined by the CoC Board

xiii Scores and subcommittee feedback on applications are sent to applicants along with a reminder of the appeals process and deadline by the established deadline

4 REALLOCATION OF FUNDS HUD encourages CoCs to reallocate funds from projects with substandard

performance to higher priority community needs that also align with HUD priorities and goals Prior to the release of the NOFA the Performance and Evaluation Committee facilitates a reallocation discussion in consultation with the CoC Collaborative Committee and CoC Board Scenarios for potential reallocation decisions based on the CoCrsquos gaps analysis and strategic plan are provided to the Performance and Evaluation Subcommittee to consider during the ranking process Final reallocation decisions are approved by the CoC Board

5 APPEALS a APPEALS COMMITTEE As described in Article II Section E appeals are considered by the Appeals

Committee or Executive Committee as designated by CoC Board The Appeals Committee will be established only if an applicant requests an appeal

b ELIGIBILITY TO APPEAL Eligible applicants have the opportunity to appeal both their scores and

preliminary rankings prior to the ranked list being finalized and approved by the CoC Board i The following applicants are eligible to appeal

(a) An applicant that receives less funding than applied for (b) An applicant that is ranked below Tier 1 (c) An applicant that is ranked in the bottom third of Tier 1 (d) An applicant that believes its score is not reflective of the application information provided

or (e) An applicant that can describe bias or unfairness in the process that warrants the appeal

ii Applicants that have not met the threshold requirements are not eligible to appeal

Page 79 of 81

16

c APPEALS PROCESS i Appeals must be received in writing with supporting documentation by the established

deadline ii Notices of appeal must be based on the information submitted by the application deadline No

additional or new information will be considered iii The notice of appeal must include a written statement specifying in detail the grounds and

rationale asserted for the appeal iv Valid appeals will be read reviewed and evaluated by the Appeals Committee that will meet to

consider and deliberate appeals based on the applicantrsquos appeal statement and the application materials that the applicant originally submitted to the CoC

v The Appeals Committee will make modifications to the preliminary list based on the results of the appeals process Appeals Committee decisions must be supported by a 23 majority vote

vi The appealing agency will receive a written decision of the Appeals Committee within two (2) business days of the Appeals Committee meeting

vii Appeals Committee decisions result in the final prioritized list submitted for approval to the CoC Board

6 FINAL PRIORITIZED LIST OF APPLICATIONS

a A final ranked project list is submitted to the CoC Board for review and approval after appeals have been determined and the Appeals Committee has made any modifications to the preliminary prioritized list Any Board member with a conflict of interest must recuse himself or herself from all related discussions and abstain from voting on the final priority list As stated in Article II Section A and Article III Board members with conflicts of interest are subject to removal from the Board

b The Collaborative Applicant submits the CoCrsquos approved Consolidated Application to HUD prior to the HUD NOFA deadline

c Conditional award funding is typically based upon the prioritized list of Project Applicants that is submitted however actual awards and award amounts are determined by HUD

ARTICLE V CHARTER AMENDMENTS

1 PROCESS This governance charter may be amended at any CoC Board meeting by a 23 majority vote of the appointed voting Board membership Copies of proposed amendments will be available for review at least one week prior to the Board meeting at which the proposed amendments are considered The Board will seek prior review and recommendation by the CoC Collaborative Committee of any amendments to the charter unless circumstances require an immediate change In the latter situation CoC staff will provide an explanation of the circumstances and provide opportunity for comments and input prior to and as part of the Board meeting

2 FREQUENCY OF REVIEW The CoC Collaborative Committee and Board will review this charter annually

Page 80 of 81

PENDING CITY COUNCIL AGENDA ITEMS 04092020

APRIL 14 2020 - 630 PM APRIL 28 2020 - 630 PM

Agenda items due 1000 am 040920 Agenda items due 1000 am 042320

raquo Hearing amp ord Code changes (comm stds) (Fred)

raquo OLCC appl - The Tap Station (Hedlund) raquo Ordinance - code changes (HPC)

raquo Cherriotts Bus Stop Parking (Kie) raquo Liquor licensing policy

raquo Homeless Alliance IGA (Tom) raquo Alcohol concessions contract (Tom)

raquo AXON contract (Bob) raquo Event Center contract (TomShawn)

raquo Res 1526 USDA grant application (Shawn) raquo Info Report 3Q Finance Report (Gloria)

raquo raquo F Street Design RFP Selection (Kie)

raquo raquoraquo raquo MinutesNotesPACTracking Log

raquo raquo Liaison Reports MINET Park amp Rec

raquo MinutesNotesPACTracking Log and Planning

+ Urban Renewal Agency if needed + Urban Renewal Agency if neededMAY 12 2020 - 630 PM MAY 26 2020 - 630 PM

Agenda items due 1000 am 050720 Agenda items due 1000 am 052120

raquo Parking ordinance update review raquoraquo Arbor Day proclamation raquoraquo TSP Consultant presentation raquoraquo Museum presentation (Carly) raquoraquo Lot 7 DDA (ShawnTom) raquoraquo raquo MinutesNotesPACTracking Log

raquo raquo Liaison Reports Library WIMPEG

raquo MinutesNotesPACTracking Log and Museum Commission

+ Urban Renewal Agency if needed + Urban Renewal Agency if neededJUNE 9 2020 - 630 PM JUNE 23 2020 - 630 PM

Agenda items due 1000 am 060420 Agenda items due 1000 am 061820

raquo raquo Budget Adoption

raquo raquoraquo raquoraquo raquoraquo raquoraquo raquo MinutesNotesPACTracking Log

raquo raquo Liaison Reports Traffic Safety Historic Preservation

raquo MinutesNotesPACTracking Log and Independence Days

+ Urban Renewal Agency if needed + Urban Renewal Agency if neededFuture Items City Council LiaisonsIndpMonm IGA re MINET (City Mgr) Historic Preservation Commission Councilor Takacs2019 Transportation financing discussion (unf bsn) Hop amp Heritage Block Party Councilor CorrDuplex ADU worksession HPC worksession Independence Days Commission Councilor CorrJan 2021 - 9th St Sewer projects bid award (kie) Library Board Councilor MortonOverlay project award (Winter 2020) (Kie) MINET Councilor HicksF St Construction Award Museum Advisory Board Councilor MortonHoffmanGun club intersection project (wk ssn) (Kie) Parks amp Rec Committee Councilor Martin-WillisPublic Hearing LA-04-2018 (HPC code update) (Fred) Planning Commission Councilor Martin-WillisOnstreet parking regulations (BobTom) Traffic Safety Commission Councilor TakacsSidewalk program (KieShawnTom) WIMPEG Councilor Ranstrom-Smith(IMC) update Building Codes provisions

Budget MeetingsMar 25 Budget Committee Orientation (rescheduling TBA)May 6th Budget CommitteeMay 13th Budget CommitteeMay 20th Budget Committee (if needed)June 23rd Council - Budget Adoption

Page 81 of 81

  • Agenda
  • 31 March 24 2020
  • 61 Council Action Memo
  • 61 Cherriots Presentation
  • 71 Council Action Memo
  • 71 Tap Station OLCC application
  • 72 Council Action Memo
  • 72 AXON Proposal
  • 73 Council Action Memo
  • 73 Resolution 20-1526
  • 74 Council Action Memo
  • 74 Interim IGA
  • 74 COG Scope of Work
  • 74 MWHA Governance Charter
  • 91 04-09-2020
Page 12: City of Independence

555 South Main Street Post Office Box 7 Independence OR 97351

Phone 503838-1212 Fax 503606-3282 email kcottamciindependenceorus

RecommendationSuggested MotionStaff recommends Option 1

Suggested Motion ldquoI move to authorize Cherriots Public Transportation Services to install 12 new bus stops in Independence at the locations as provided by Cherriots staffrdquo

AttachmentsA Cherriots Presentation

Memo prepared by Kie Cottam PW Director

Page 12 of 81

492020

1 1

Route 45 Bus Stop Parking RemovalsIndependence City Council Meetingndash April 14 2020By Ted Stonecliffe Transit Planner II

2

Introductionbull Public outreach completedbull Purpose of bus stop parking removal requestbull Responses to neighbor concernsbull Vehicle typebull Locations of bus stops proposedbull Next stepsbull Conclusionsbull Questions and answers

1

2

Page 13 of 81

492020

1 2

3

Public outreach completed

Public surveybull Conducted in-person outreach events and a six-week online

survey in Summer 2019City council appearances

bull June 2019 February 2020 April 2020

Property owners adjacent to new stopsbull Sent letters certified return receipt USPS mail to each

adjacent property ownerbull Door hangers placed on 160 doors in vicinity of on-street

parking removals and new bus stopsbull Website with all the details cherriotsorgNewRoute45

4

Purpose of bus stop parking removalsbull Buses must have direct access to the curb in order to

loadunload passengers safely especially in mobility devicesbull In order to comply with the Americans with Disabilities Act

(ADA)

Responses to concerns

bull Worked with neighbors on 4th Street to find a better southbound bus stop location

bull Eliminated northbound bus stop on 13th Street in response to neighbor complaint

bull Minimizing parking removals for E Street due to heavy on-street parking occupancy

3

4

Page 14 of 81

492020

1 3

5

Vehicle typebull 25-ft long 14 seats wheelchair lift-equippedbull Needs 50 feet of parking removed at each location

6

Route 45 bus stop locations in Independence (12 new 4 existing)

Monmouth Independence

5

6

Page 15 of 81

492020

1 4

7

Website examples of parking removals

E Street (between 10th and 11th ) Main Street Oak Street

8

Next Stepsbull Seek approval for stops and no-parking zones from three cities ndash

April amp May

bull Release bid package to potential contractors ndash June or July

bull Begin marketing new service at least 30 days in advance of launch

bull Install new stop poles amp signs ndash August

bull Launch new service September 2020

bull Continue marketing new service actively in September

7

8

Page 16 of 81

492020

1 5

9

Conclusionsbull Public outreach allowed public to weigh in on service

design and bus stop locationsbull Property owners have been notified of pending parking

removals by the citybull Removal of parking is necessary for the safety of the riding

public and to comply with the ADAbull Worked with community members and city public works

department to develop final planbull Request for parking removals for bus stops will come from

public works department (Kie Cottam)

10

Questions

9

10

Page 17 of 81

492020

1 6

11

11

Page 18 of 81

CITY OF INDEPENDENCE OREGONMEMORANDUM

TO Honorable Mayor and City Council

FROM Tom Pessemier City Manager

SUBJECT New Establishment Liquor License Applicant

DATE April 9 2020

Action Requested X Information Only

Statement of Issue

The Tap Station LLC DBA The Tap Station located at 87 N Main St has made an application with the Oregon Liquor Control Commission for Additional Privilege This license would allow the licensee to sell wine malt beverages and ciders for Off-Premises Consumption This application is submitted as a result of the recent restrictions put into place for licensed establishments regarding COVID-19 The additional license would allow The Tap Station to selldeliver their products to the consumer for off-premises consumption I have spoken to the OLCC regarding this and they are currently seeing a large increase in these applications and as a result are granting 90-day temporary authority at application with a requirement for follow-up reviewrecommendation by the local authority prior to final decisions or issuance

Background

In 1992 our City adopted resolution 881 which establishes criteria for screening liquor license applications The police department was assigned the task to do initial reviews of each liquor license application The police department then completes a staff report on those findings for the City Council review

Analysis

I have conducted a background investigation for The Tap Station as well as Christopher Ream and did not locate any issues I believe would hinder his operation of this business Christopher has owned and operated The Tap Station since he took over its ownership in the middle of 2019 with no issues or calls for service related to alcohol at the establishment

Fiscal Impact

Page 19 of 81

As of this date I do not know if the fees for this application have been paid

Options

1 Council may recommend approval for this establishment pending the payment of all city fees

2 Council may recommend denying the license for this establishment if reasonable grounds can be established

3 Council may impose an option of its own choosing

Recommended Motion

Option 1 I move to recommend approval of the above liquor license request pending payment of all fees

Attachments

Liquor license application for Additional Privilege

Memo Prepared by

Sergeant Justin Hedlund 46248

Page 20 of 81

reg Read ImportantOregon law requires that every applicant for a liquorlicense obtain a written recommendationfrom the governing body of the county if the place of business of the applicant is outside theincorporated city or from the city councilif the place of business of the applicant is within anincorporated city You must take the attached a lication forms to the a ro riategoverning body After the endorsement process is completed a representative from the city orcounty willcontact you to pick up the application You may deliver the application to the OLCCoffice or retain it until it is requested by the license investigator

Oregon Liquor Control Commission200 Hawthorne Avenue SE Suite Bmdash210Salem OR 97301

Questions Call (503) 378-4871

Page 21 of 81

OREGON LIQUORCONTROLCOMMISSION

LIQUORLICENSEAPPLICATION1 Application Do not includeany OLCCfees with your application packet (the licensefee willbe collected at a latertime) Application is being madefor

LicenseApplied For CITYAND COUNTYUSEONLYBrewery 1st LocationBrewery 2nd LocationBrewery 3rd Location

BrewerymdashPublicHouse 1st LocationBrewery-Public House Znd LocationBrewerymdashFublicHouse 3rd LocationDistillery

Date application received andordate stamp

Name of City or County

FullOn~Premises CommercialFullOnmdashPremisesCatererFull OnmdashPremisesPassenger Carrier

FullOn~Premises Other Public LocationFullOnmdashPremisesFor Profit Private Club

Recommends this license be

III Granted D Denied

FullOnmdashPremisesNonprofit Private Club By

Grower Sales Privilege 1st Location

E Grower Sales Privilege 2nd Location Datelsquo

Grower Sales Privilege 3rd Location OLCCUSEONLYLimited On~Premises

Dateapplictiop receivedOffmdashP lsquo

XI remises

Off-Premises with Fuel PumpsK

V lsquo

Warehouse

ByWholesale Malt Beverage amp Wine

Winery 1st Location LicenseAction(s)Winery Znd Location

Winery 3rd Location

Winery 4th Location He _ Winery 5th Location I IIraquo

2 ldentifythe app|icant(s) applyingforthe license(s) ENTITY(example corporation or LLC)or IND|VlDUAL(S)applyingfor the license(s)

__ raquomdash F7)lee leeSTPiTOs3LLC EmsectQEoCgcEm

(Applicant1) (Applicant2)w JUN

mt I

(Applicant3) (Applicant4) REU_w_lsquo _ -KJI

3 Trade Name ofthe Business (Name Customers Will See)

rdquozTrsigtsectT1rsquorIOlsquovlsquo)4 Business Address (Number and Street Address of the Location that will have the liquor license)

euro7 3 H-IMFraquo STCity ZipCelNraquoDeuroPtNDtNltE rsquoigtoLg 733i

County

OLCCLiquor License Application (Rev 1110)

Page 22 of 81

TtEliigtsectTlTOM5 Trade Name of the Business (Name Customers WillSee)

6 Does the business address currently have an OLCCliquor license E YESlNo7 Does the business address currently have an OLCCmarijuana license EYESXJNO

VDTEOK318 MailingAddressPOBox Number Street Rural Route (where the OLCCwillsend your mail)

City

sectPxE

State

GELZip Code

973019 Phone Number of the Business Location

Btu3amp3 I 17w10 EmailContact for this Application

xxoLtCoIVi11 Contact Person for this Application

Otilsect ilElsquotM

VierctP one Number

OmrsquoSlWtCW3rsquoContact Persons Mailing Address (if different)

701eatevtao we seCity

Sltuim

State Zip Code

OR 0tlsquoIsect07__

Please note that liquor license applications are public records A copy of the application will be posted on the OLCC

website for a period of several weeks

I understand that marijuana (such as use consumption ingestion inhalation samples give-away sale etc) isprohibited on

the licensedpremises

I attest that allanswers on all forms documents and information provided to the OLCCare true and complete

Applicant Signatu rels)

- Each individual person listed as an applicant must sign the application

0 if an applicant is an entity such as a corporation or LLCat least one person who is authorized to sign for the entity

must sign theapplication- A person with the authority to sign on behalf of the applicant (such as the applicants attorney or a person with

power of attorney) may sign the application Ifa person other than an applicant signs the application please

wideroo fsignatureauthority

(A (Applicant2)

(App|icant3) (App|icant4)

otcc Liquor License Application (Rev 11201

Page 23 of 81

OREGON LIQUOR CONTROL COMMISSION

BUSINESS INFORMATION

Please Print or Type

Applicant Name ItET9 StPtT1gtsectgt Phone euroL FZFIVITrade Name (dba) THETAP 3 Tioixs

Business Location Address

City BEPEHDEMCF ZIP Code Ci73sectl

DAYSAND HOURS OF OPERATION

Business Hours Outdoor Area HoursSunday 7mdash- to E2314 Sunday

toMondairsquo __i T0_m MondayTU95daY A I0 E TuesdayWednesday i to WednesdayThursday 3 to

EIFriday __L to __jSaturday IS to I

The outdoor area is used for

KlsquoFood service

Aicohol service

Hours

to

area is adequately viewed andorused by Service Pennittees

(investigators Initials)

Seasonal Variations l31YesEl No if yes explain USEH-qkxig LQ1+JTiZHOOKZRuse Co-mgt-q HRS QceemdashClsquonpoundboeuroeuroeuroJiigtmecent HDUKB

ENTERTAINMENT Check anthat app|y DAYS amp HOURS OF LIVE OR DJ MUSIC

MLive Music E Karaoke

tE Recorded Music D CommdashoperatedGames sectrj3 tgDJ Music B Video Lottery Machines Tuesday to

Wednesday toD Dancing WSocial Gaming Thursday SIDSFriday g to D Nude Entertainers D Pool Tables Saturday 3 to I

D Other

SEATINGCOUNT

Restaurant Outdoor grCraquo OLCC USE ONLY

lsquobk Investigator Veried Seating__(Y) __(N)

Lounge _pound_ Other (explain)mvasgamllnmms

I

lsquo

Banquet Total Seating Date

I understand if my answei7euro)ote a complete the OLCC may deny my license application

Applicant SignatureU

-lsquo Date 3 Z3 lsquoT Z0101-800-452-OLCC (6522)

wwworegongovolcc yrsldquo 1207)Page 24 of 81

555 South Main Street Post Office Box 7 Independence OR 97351

Phone 503838-1212 Fax 503606-3282 email tpessemierciindependenceorus

TO Mayor and City Council FROM City Manager Tom Pessemier MEETING DATE April 14 2020 SUBJECT Approval of 5-year sales contract for

AXON services [ ] Information Only [ X ] Action Requested Statement of Issue A 5-year sales contract with AXON for body-worn cameras Tasers and digital cloud-based storage with software interface is submitted for council consideration Background In 2014 the City of Independence started using body worn cameras in the police department We started by testing different platforms selecting AXON as our preferred provider then negotiated a 5-year contract which was partially grant funded Our current contract expires this month and we have negotiated a new contract for Council consideration Discussion Included in the contract being considered today AXON provides body cameras and Tasers for our officers and CSOrsquos training and training aids and Taser devices for our patrol staff to wear while on patrol These devices are covered under a warranty for the life of the contract as well as a provision for camera replacement around the half-way point of the contract to the newest technology available Certification training for our instructor to be certified to train our staff and other training materials are also included The sales contract also includes software and cloud storage of video The AXON platform which we currently use allows us the ability to transfer video directly to the DArsquos office or others electronically rather than having to build DVDrsquos of video which has saved our records department a lot of time It also provides the ability for citizens to upload video directly to our AXON cloud as well as video redaction capabilities which allows us to comply with Oregon law

CITY OF INDEPENDENCE MEMORANDUM

Page 25 of 81

555 South Main Street Post Office Box 7 Independence OR 97351

Phone 503838-1212 Fax 503606-3282 email tpessemierciindependenceorus

Fiscal Impact The total 5-year contract cost is $131786 broken into annual payments of $26357 Funds are available for this fiscal year in the police department operating budget Funds would be included in the police department budget request for contract years 2-5 Options

1 Approve the contract as proposed 2 Approve the contract with amendments 3 Take no action

RecommendationSuggested Motion Staff recommends Option 1

ldquoI move to authorize the City Manager to sign a service contract for body worn cameras tasers and cloud storage with AXONrdquo Attachments

A Proposed AXON contract

Memo prepared by Robert Mason Police Chief

Page 26 of 81

Payment Terms Net 30

Delivery Method Fedex - Ground

Q-251225-43927723KP

Year 1

Item DescriptionTerm

(Months)Quantity

List Unit

Price Net Unit Price Total (USD)

Axon Plans amp Packages

20248 TASER 7 EVIDENCECOM ACCESS LICENSE 60 1 000 000 000

73687 EVIDENCECOM VIEWER LICENSE 60 1 000 000 000

73746 PROFESSIONAL EVIDENCECOM LICENSE 60 11 000 000 000

73686EVIDENCECOM UNLIMITED AXON DEVICE

STORAGE60 11 000 000 000

73683 10 GB EVIDENCECOM A-LA-CART STORAGE 60 110 000 000 000

73449 AWARE LICENSE 60 11 000 000 000

20248 TASER 7 EVIDENCECOM ACCESS LICENSE 60 11 000 000 000

20246TASER 7 DUTY CARTRIDGE REPLACEMENT

ACCESS LICENSE60 11 000 000 000

73683 10 GB EVIDENCECOM A-LA-CART STORAGE 60 10 000 000 000

73840 EVIDENCECOM BASIC ACCESS LICENSE 60 10 000 000 000

Hardware

20160TASER 7 HOLSTER - SAFARILAND RH+CART

CARRIER11 000 000 000

75015 SIGNAL SIDEARM KIT 11 000 000 000

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

Issued 04062020

Quote Expiration 05152020

Account Number 110011 Axon Enterprise Inc17800 N 85th St

Scottsdale Arizona 85255

United States

Phone (800) 978-2737

Protect Life

PRIMARY CONTACT

Justin Hedlund

Phone (503) 837-1109

Email hedlundjustinciindependenceorus

BILL TO

Independence Police Dept - OR

P O Box 7

Independence OR 97351

US

SHIP TO

Justin Hedlund

Independence Police Dept - OR

555 S Main Street

Independence OR 97351

US

SALES REPRESENTATIVE

Kyle Panasewicz

Phone (480) 905-2071

Email kylepaxoncom

Fax (480) 658-0673

Q-251225-43927723KP

1

Page 27 of 81

Year 1 (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware (Continued)

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

20014TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE STANDOFF (322 000 000 000

20015TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE CLOSE QUART22 000 000 000

20008TASER 7 HANDLE HIGH VISIBILITY (GREEN

LASER) CLASS 3R11 000 000 000

20040 TASER 7 HANDLE WARRANTY 4-YEAR 11 000 000 000

20018 TASER 7 BATTERY PACK TACTICAL 13 000 000 000

20041TASER 7 BATTERY PACK WARRANTY 4-

YEAR13 000 000 000

20042TASER 7 DOCK amp CORE WARRANTY 4-

YEAR1 000 000 000

70033WALL MOUNT BRACKET ASSY

EVIDENCECOM DOCK1 000 000 000

74200 TASER 7 6-BAY DOCK AND CORE 1 000 000 000

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)33 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)33 000 000 000

20016TASER 7 INERT CARTRIDGE STANDOFF

(35-DEGREE)1 000 000 000

20017TASER 7 INERT CARTRIDGE CLOSE

QUARTERS (12-DEGREE)1 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

73202 AXON BODY 3 - NA10 5 69900 63260 316300

74028 WING CLIP MOUNT AXON RAPIDLOCK 5 000 000 000

11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 5 000 000 000

Other

73810 OFFICER SAFETY PLAN 7 60 11 000 000 000

Not Eligible

TASER 7

INSTRUCTO

R COURSE

VOUCHER

Not Eligible TASER 7 INSTRUCTOR COURSE

VOUCHER1 000 000 000

Protect LifeQ-251225-43927723KP

2

Page 28 of 81

Year 1 (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Other (Continued)

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 132442 1456862

Not Eligible

TASER 7

MASTER

INSTRUCTO

R SCHOOL

VOUC

Not Eligible TASER 7 MASTER INSTRUCTOR

SCHOOL VOUCHER1 000 000 000

Not Eligible

Target and

Frame

Not Eligible Target and Frame 11 000 000 000

Not Eligible

Halt SuitNot Eligible Halt Suit 1 000 000 000

20135OCULUS GO STANDALONE VIRTUAL

REALITY HEADSET1 000 000 000

20247TASER 7 ONLINE TRAINING CONTENT

ACCESS LICENSE60 11 000 000 000

20249VR EMPATHY DEVELOPMENT AUTISM

SCHIZOPHRENIA ACCESS LICENSE60 11 000 000 000

73827 AB3 CAMERA TAP WARRANTY 60 5 000 000 000

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2118510

Estimated

Shipping000

Estimated Tax 000

Total 2118510

Year 1 - TAP Refresh

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

74210 AXON BODY 3 - 8 BAY DOCK 2 000 000 000

73202 AXON BODY 3 - NA10 11 000 000 000

74028 WING CLIP MOUNT AXON RAPIDLOCK 16 000 000 000

11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 11 000 000 000

73202 AXON BODY 3 - NA10 1 69900 000 000

74028 WING CLIP MOUNT AXON RAPIDLOCK 1 000 000 000

11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 1 000 000 000

Protect LifeQ-251225-43927723KP

3

Page 29 of 81

Year 1 - TAP Refresh (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Other

73828 AB3 8 BAY DOCK TAP WARRANTY 60 2 000 000 000

73827 AB3 CAMERA TAP WARRANTY 60 11 000 000 000

71019NORTH AMER POWER CORD FOR AB3 8-

BAY AB2 1-BAY 6-BAY DOCK2 000 000 000

73827 AB3 CAMERA TAP WARRANTY 60 1 000 000 000

Subtotal 000

Estimated Tax 000

Total 000

Year 1 - T7 Certification

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Axon Plans amp Packages

20248 TASER 7 EVIDENCECOM ACCESS LICENSE 60 6 000 000 000

20246TASER 7 DUTY CARTRIDGE REPLACEMENT

ACCESS LICENSE60 6 000 000 000

Hardware

20160TASER 7 HOLSTER - SAFARILAND

RH+CART CARRIER6 000 000 000

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

20014TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE STANDOFF (312 000 000 000

20015TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE CLOSE QUART12 000 000 000

20008TASER 7 HANDLE HIGH VISIBILITY (GREEN

LASER) CLASS 3R6 000 000 000

20040 TASER 7 HANDLE WARRANTY 4-YEAR 6 000 000 000

20018 TASER 7 BATTERY PACK TACTICAL 6 000 000 000

20041TASER 7 BATTERY PACK WARRANTY 4-

YEAR6 000 000 000

20016TASER 7 INERT CARTRIDGE STANDOFF

(35-DEGREE)1 000 000 000

20017TASER 7 INERT CARTRIDGE CLOSE

QUARTERS (12-DEGREE)1 000 000 000

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)18 000 000 000

Protect LifeQ-251225-43927723KP

4

Page 30 of 81

Year 1 - T7 Certification (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware (Continued)

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)18 000 000 000

20050 HOOK-AND-LOOP TRAINING (HALT) SUIT 1 75000 67875 67875

Other

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

Not Eligible

TASER 7

INSTRUCTO

R COURSE

VOUCHER

Not Eligible TASER 7 INSTRUCTOR COURSE

VOUCHER1 000 000 000

Not Eligible

Taser 7

Evidenceco

m Admin

License

Not Eligible Taser 7 Evidencecom Admin

License1 000 000 000

Not Eligible

TASER 7

MASTER

INSTRUCTO

R SCHOOL

VOUC

Not Eligible TASER 7 MASTER INSTRUCTOR

SCHOOL VOUCHER1 000 000 000

Not Eligible

Target and

Frame

Not Eligible Target and Frame 6 000 000 000

Not Eligible

Halt SuitNot Eligible Halt Suit 1 000 000 000

Not Eligible

for VR

Headset

Not Eligible for VR Headset 1 000 000 000

20247TASER 7 ONLINE TRAINING CONTENT

ACCESS LICENSE60 6 000 000 000

20249VR EMPATHY DEVELOPMENT AUTISM

SCHIZOPHRENIA ACCESS LICENSE60 6 000 000 000

80087TASER 7 TARGET CONDUCTIVE

PROFESSIONAL (RUGGEDIZED)1 15000 13575 13575

Protect LifeQ-251225-43927723KP

5

Page 31 of 81

Year 1 - T7 Certification (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Other (Continued)

20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 49500 44798 44798

Subtotal 517208

Estimated Tax 000

Total 517208

Year 1 - Trade In

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Other

20104 TASER 7 TRADE-IN UPFRONT PURCHASE 17 000 000 000

Subtotal 000

Estimated Tax 000

Total 000

Year 2

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

Other

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 172674 1899414

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2635722

Estimated Tax 000

Total 2635722

Protect LifeQ-251225-43927723KP

6

Page 32 of 81

Year 3

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

20014TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE STANDOFF (322 000 000 000

20015TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE CLOSE QUART22 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

20014TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE STANDOFF (312 000 000 000

20015TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE CLOSE QUART12 000 000 000

Other

73309 AXON BODY CAMERA REFRESH ONE 11 000 000 000

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 172674 1899414

73689 MULTI-BAY BWC DOCK MID REFRESH 2 000 000 000

73309 AXON BODY CAMERA REFRESH ONE 1 000 000 000

73309 AXON BODY CAMERA REFRESH ONE 5 000 000 000

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2635722

Estimated Tax 000

Total 2635722

Protect LifeQ-251225-43927723KP

7

Page 33 of 81

Year 4

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

Other

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 172674 1899414

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2635722

Estimated Tax 000

Total 2635722

Year 5

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

Protect LifeQ-251225-43927723KP

8

Page 34 of 81

Year 5 (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware (Continued)

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

Other

73310 AXON BODY CAMERA REFRESH TWO 11 000 000 000

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 172674 1899414

73688 MULTI-BAY BWC DOCK FINAL REFRESH 2 000 000 000

73310 AXON BODY CAMERA REFRESH TWO 1 000 000 000

73310 AXON BODY CAMERA REFRESH TWO 5 000 000 000

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2635722

Estimated Tax 000

Total 2635722

Grand Total 13178606

Protect LifeQ-251225-43927723KP

9

Page 35 of 81

Summary of Payments

Payment Amount (USD)

Year 1 2118510

Year 1 - TAP Refresh 000

Year 1 - T7 Certification 517208

Year 1 - Trade In 000

Year 2 2635722

Year 3 2635722

Year 4 2635722

Year 5 2635722

Grand Total 13178606

Discounts (USD)Quote Expiration 05152020

List Amount 15120900

Discounts 1942294

Total 13178606

Total excludes applicable taxes

Protect LifeQ-251225-43927723KP

10

Page 36 of 81

Notes

The parties agree that Axon is granting a credit of $306000 (applied to Year 1 Payment) for trade-in of CEW hardware This credit is based on a ship date range of 512020-

5152020 resulting in a 612020 contract start date Any change in this ship date and resulting contract start date will result in modification of this credit value which may

result in additional fees due to or from Axon

Axon BWC hardware contained in this quote is at zero cost as a TAP refresh of contracts 00004618 and 00010394 The parties agree that all TAP obligations of contracts

00004618 and 00010394 have been fulfilled

Purchase of TASER 7 are governed by the TASER 7 Agreement located at httpswwwaxoncomlegalsales-terms-and-conditions and not the Master Services and

Purchasing Agreement referenced below

Tax is subject to change at order processing with valid exemption

Axonrsquos Sales Terms and Conditions

This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axonrsquos Master Services and Purchasing Agreement

(posted at wwwaxoncomlegalsales-terms-and-conditions) as well as the attached Statement of Work (SOW) for Axon Fleet andor Axon Interview

Room purchase if applicable Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions By

signing below you represent that you are lawfully able to enter into contracts If you are signing on behalf of an entity (including but not limited to the

company municipality or government agency for whom you work) you represent to Axon that you have legal authority to bind that entity If you do not

have this authority please do not sign this Quote

Signature CustSIG Date CustDate

Name (Print) CustName Title CustTitle

PO (Or write

NA) CustPo

Please sign and email to Kyle Panasewicz at kylepaxoncom or fax to (480) 658-0673

Thank you for being a valued Axon customer For your convenience on your next order please check out our online store buyaxoncom

The trademarks referenced above are the property of their respective owners

Protect LifeQ-251225-43927723KP

11

Axon Internal Use Only

Review 1 Review 2

SFDC Contract

Order Type

RMA

Address Used

SO

Comments

Page 37 of 81

Page 38 of 81

555 South Main Street Post Office Box 7 Independence OR 97351Phone 503838-1212 Fax 503606-3282 email kjohnsonciindependenceorus

TO Mayor and City CouncilFROM Shawn Irvine Economic Dev Dir

MEETING DATE April 14 2020SUBJECT Resolution Rural Business

Development Grant Application

[ ] Information Only [ X ] Action Requested

Statement of Issue Staff is requesting Council approve a resolution supporting a grant application to fund the development of a shared-use commercial kitchen facility downtown

BackgroundFor several years the City has worked with local and regional partners to support entrepreneurship and the growth of small businesses These classes and programs have supported a number of successful businesses including several located downtown The past two years the City has partnered with IndyCommons ndash the downtown co-working space ndash to run a series of meetups and classes intended to identify potential business clusters within the communityrsquos entrepreneurs Food-based businesses were the top cluster identified

The mid-Willamette Valley is the largest and most diverse agricultural production region in the state with over 170 different crops being grown It also has a concentration of large and small value-added food products companies that leverage the diverse agricultural products for their businesses The USDArsquos Rural Business Development Grant program supports proposals that offer assistance and training for small businesses in rural communities

DiscussionOver the last decade development of a shared-use commercial kitchen has come up several times in the Cityrsquos regional economic development work These facilities allow licensed users to rent the space on an hourly basis for trying new recipes developing new products and small-scale production The ability to rent a licensed facility enables entrepreneurs to test their ideas and products prior to making the significant investment into building their own commercial kitchen While there has been strong and consistent interest in such a facility from entrepreneurs it is a complex enough project that nobody was willing to be the organizer and operator

IndyCommons opened four years ago successfully bringing the shared space co-working model to downtown Independence Last year the company spun off a new non-profit IndyIdeaHub to support entrepreneurship programming and development in the community and region With the success of the co-working space and the new non-profit IndyCommons is ready to tackle a shared-use commercial kitchen They have leased the neighboring space in their building and plan to operate a shared kitchen and event space with ldquomicro retailrdquo in the storefront Micro retail rents shelf space to entrepreneurs instead of an entire store reducing the startup cost for a new product company and enabling them to test the market for new products without the cost of renting an entire store The kitchen event space and micro retail

CITY OF INDEPENDENCEMEMORANDUM

Page 39 of 81

555 South Main Street Post Office Box 7 Independence OR 97351Phone 503838-1212 Fax 503606-3282 email kjohnsonciindependenceorus

space would work in concert creating a kind of food incubator while also drawing people downtown for pop up dinners and other events

IndyCommons is leasing the space and the Cityrsquos grant application would support the non-profitrsquos work to outfit and operate the kitchen while offering business development programs The grant will request approximately $90000 matched with funds from IndyCommons and a $60000 Rural Opportunity Initiative grant the City received through Business Oregon which supports programming for food-based entrepreneurship

While the City is requesting the grant and supporting development of this kitchen facility its users will not be limited just to Independence residents As with IndyCommons anyone willing to travel to the facility and pay the rental fee will be able to use it Programs and classes will also be open to anyone from the region

Fiscal Impact Staff time will be spent writing the grant and if awarded coordinating the project No City funds will be used as match for this project

Options1 Approve the resolution as submitted2 Approve the resolution with amendments3 Take no action

RecommendationSuggested MotionStaff recommends Option 1

Suggested motion ldquoI move to approve Resolution 20-1526 Authorizing the City to Apply for a Rural Business Development Grantrdquo

AttachmentsA Resolution 20-1526

Page 40 of 81

Page 1 of 2 Resolution 20-1526 Authorizes USDA Grant Application

BEFORE THE CITY COUNCIL OF THE CITY OF INDEPENDENCE

COUNTY OF POLK STATE OF OREGON

IN THE MATTER OF AUTHORIZING THE CITY ]OF INDEPENDENCE TO APPLY FOR A RURAL ]BUSINESS DEVELOPMENT GRANT FROM THE ]UNITED STATES DEPARTMENT OF AGRICULTURE ]FOR DEVELOPMENT OF A SHARED-USE ]COMMERCIAL KITCHEN FACILITY AND ]DELEGATING AUTHORITY TO THE CITY ]MANAGER TO SIGN THE APPLICATION ]

RESOLUTION 20-1526

A RESOLUTION AUTHORIZING APPLICATION FOR USDA GRANT

WHEREAS the USDA is accepting applications for its Rural Business Development Program and

WHEREAS the City of Independence has the capacity to administer the grant and desires to participate in this grant program to the greatest extent possible as a means of providing needed business development and entrepreneurship programming and

WHEREAS Staff have identified development of food-based businesses as a successful regional business cluster which could be expanded within the City of Independence and

WHEREAS local and regional economic development plans have identified a shared-use commercial kitchen as an important asset to reduce barriers to entry for food-based startup businesses and

WHEREAS the City of Independence has an existing partnership with IndyCommons to support entrepreneurship and business development within the community and

WHEREAS the City of Independence has available matching funds from the State of Oregonrsquos Rural Opportunity Initiative which will fund food-based business programming and services at the new kitchen facility and

Page 41 of 81

Page 2 of 2 Resolution 20-1526 Authorizes USDA Grant Application

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF INDEPENDENCE AS FOLLOWS

Section 1 The City Council demonstrates its support for the submittal of a grant application to the United States Department of Agriculture for development of a shared-use commercial kitchen and delegates authority to sign grant documents to City Manager Tom Pessemier

Section 2 This Resolution shall be effective following its adoption by the City Council

Passed by the City Council this 14th of April 2020

Effective Date April 14 2020Signed by the Mayor April 14 2020

__________________________John McArdle Mayor

ATTEST

_______________________Karin Johnson MMCCity Recorder

Page 42 of 81

555 South Main Street Post Office Box 7 Independence OR 97351Phone 503838-1212 Fax 503606-3282 email tpessemierciindependenceorus

TO Mayor and City CouncilFROM City Manager Tom Pessemier

MEETING DATE April 14 2020SUBJECT Approval of IGA Mid-Willamette Valley

Homeless Alliance Continuum of Care

[ ] Information Only [ X ] Action Requested

Statement of IssueAn Inter-Governmental Agreement concerning the Mid-Willamette Valley Homeless Alliance is submitted for council consideration

BackgroundIn 2019 the City of Independence along with the cities of Monmouth Keizer Salem the Salem-Keizer School District Polk and Marion counties and the Confederated Tribes of Grand Ronde and with the Mid-Willamette Valley Council of Governments (COG) formally organized the Mid-Willamette Valley Homeless Alliance (MWVHA) which serves as our regionrsquos Continuum of Care (CoC) The CoC is committed to the goal of preventing and ending homelessness within Polk and Marion counties The CoC was recognized by the US Housing and Urban Development Department (HUD) on 12-11-19 and to that end a formal Governance Charter was approved by the MWVHA Board of Directors on 2-13-20

The MWVHA Board of Directors is a collaboration of the members and the COG has provided administrative support for the member governments The MWVHA is not a legal entity and HUD regulations require a legal entity to serve as the Collaborative Applicant for a Continuum of Care therefore an ORS 190 entity (Inter-Governmental Agreement or IGA) is proposed to be formed to allow the member governments to contract with the COG to provide services and for the COG to be reimbursed

DiscussionTime is of the essence this IGA establishes the terms and conditions under which the member governments will coordinate to support the MWVHA through contracting with the COG to serve as the Collaborative Applicant This IGA is a short-term solution until a new entity is designated and would expire on August 13 2020

Fiscal ImpactNo additional fiscal impact Funds have been reservedbudgeted for this project

Options1 Approve the IGA as proposed2 Approve the IGA with amendments3 Take no action

RecommendationSuggested Motion

CITY OF INDEPENDENCEMEMORANDUM

Page 43 of 81

555 South Main Street Post Office Box 7 Independence OR 97351Phone 503838-1212 Fax 503606-3282 email tpessemierciindependenceorus

Staff recommends Option 1

ldquoI move to approve the cityrsquos participation in the ORS 190 concerning the Mid-Willamette Valley Homeless Alliance and to authorize the City Manager to sign the related documentsrdquo

AttachmentsA Interim IGAB COG Scope of WorkC MWHA Governance Charter

Memo prepared by Karin Johnson City Recorder

Page 44 of 81

1 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

1 PARTIES TO AGREEMENT

This Agreement by and between the Confederated Tribes of the Grand Ronde (ldquoGrand Ronderdquo) Marion County (ldquoMarionrdquo) Polk County (ldquoPolkrdquo) and the Cities of Independence (ldquoIndependencerdquo) Keizer (ldquoKeizerrdquo) Monmouth (ldquoMonmouthrdquo) Salem (ldquoSalemrdquo) the Salem-Keizer School District (ldquoSalem-Keizerrdquo) collectively the ldquoMember Governmentsrdquo and the Mid-Willamette Valley Council of Governments (ldquoCOGrdquo) is made pursuant to ORS 190010

2 AUTHORITY This Agreement is established under the authority of Oregon Revised Statutes (ORS) Chapter 190

3 BACKGROUNDa The Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo) was formed on

September 24 2019 and recognized by the US Housing and Urban Development Department (ldquoHUDrdquo) on December 11 2019 for the Polk County and Marion County region to carry out the purposes of the HUD Continuum of Care program described in 24 CFR Part 578

b The Alliance Charter was approved by the Alliance Board of Directors on February 13 2020 (Attachment 1)

c The Alliance is a collaboration of the Member Governments non-profit service organizations and community members and is not a legal entity

d The Member Governments have made financial contributions for the 2019-2020 Fiscal Year which are being managed by COG

e The Member Governments have agreed to make financial contributions to support the Alliance for the 2020-2021 Fiscal Year subject to budgetary approval as approved by the Alliance Board of Directors (Attachment 2)

f HUD regulations require a legal entity to serve as the Collaborative Applicant for a Continuum of Care such as the Alliance

g The COG has been providing administrative support and other resources for the Alliance including contract management for independent contractors engaged by COG at the request of the Alliance During this time the Member Governments have directly paid their contribution amounts to COG to manage those funds for the Alliance

h The COG has agreed on an interim basis to continue to provide administrative support and other resources in addition to serving as the Collaborative Applicant for

Page 45 of 81

2 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

the Alliance until an ORS 190 entity has been formed and designated by the Alliance Board of Directors to serve as the Collaborative Applicant

i The Alliance Board of Directors approved the execution of this Agreement for a term to expire on August 13 2020 to allow the Member Governments to contract with the COG to provide Collaborative Applicant services and reimburse COG for services

4 PURPOSE

The purpose of this Agreement is to establish the terms and conditions under which the Member Governments will coordinate to support the Alliance through contracting with COG to serve as the Collaborative Applicant for the Alliance pursuant to 24 CFR Part 578 The parties understand and agree that this Agreement serves as an interim solution to allow COG to serve as the Collaborative Applicant and be reimbursed for its costs until a new entity is designated

5 TERM AND TERMINATION

51 This Agreement shall be effective from the date upon which the last signature is affixed hereto and shall expire on August 13 2020 unless otherwise earlier terminated or extended

52 This Agreement may be terminated by mutual consent of all parties hereto Any such termination of this Agreement shall be without prejudice to any obligations or liabilities of any party already accrued prior to such termination

6 FUNDING AND BILLING

61 The Member Governmentsrsquo fiscal year 2020-2021 contributions as set forth in Attachment 2 shall be made to COG subject to the individual Member Governmentrsquos budgetary approval Nothing in this Agreement binds any Government Member to any specific financial contribution after the 2020-2021 fiscal year

62 COG shall be reimbursed for its expenses already incurred in support of the Alliance from January 1 2020 to the effective date of this Agreement COGrsquos expenses prior to July 1 2020 shall be reimbursed from the Member Governmentsrsquo Fiscal Year 2019-2020 contributions and COGrsquos expenses for the period of July 1 2020 to the termination of this Agreement shall be from the Member Governmentsrsquo Fiscal Year 2020-2021 contributions COG shall submit an invoice to the Alliance Board for its approval for COGrsquos Fiscal Year 2019-2020 expenses no later than August 30 2020 and shall submit an invoice to the Alliance Board for its approval for COGrsquos Fiscal Year 2020-2021 expenses no later than September 30 2020

63 COGrsquos expenses under this Agreement shall not exceed the total amount of funds contributed by the Member Governments and any contributions from other members of the Alliance donations or grants provided to COG for the benefit of the Alliance subject to the rates for specific services as set forth in the Scope of Work As set forth in the Scope of

Page 46 of 81

3 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

Work COG shall provide timely financial reports to the Alliance and shall ensure that expenses do no exceed available resources approved by the Member Governments through the Alliance Board

7 OBLIGATIONS UNDER THE TERMS OF THIS AGREEMENT

71 MEMBER GOVERNMENTS agree to

a Make timely payment to COGb Maintain good standing as a member of the Alliancec Collaborate in good faith with other Member Governments to create a new ORS 190

entity to serve as the Collaborative Applicant for the Alliance

72 COG agrees to

Serve as the Collaborative Applicant for the Alliance and perform other duties as established in the Scope of Work (Attachment 3)

8 DESIGNATION OF SUCCESSOR COLLABORATIVE APPLICANT

The Member Governments understand and agree that the Alliance is required to have a Collaborative Applicant as that term is defined in 24 CFR Part 57815 which must be a legal entity The Alliance Board has indicated a desire that the Member Governments form an intergovernmental entity to serve that purpose Time is of the essence to designate a successor Collaborative Applicant and the Member Governments agree to work cooperatively and in a timely manner to agree on the new Collaborative Applicant The Member Governments also agree they will create a new intergovernmental entity to serve in that role

9 COMPLIANCE WITH APPLICABLE LAWS

The parties agree that both shall comply with all applicable federal state and local laws and ordinances applicable to the parties and the work to be done under this Agreement The parties agree that this Agreement shall be administered and construed under the laws of the state of Oregon Nothing in this Agreement shall be considered a waiver of tribal sovereign immunity

10 NONDISCRIMINATION

The parties agree to comply with all applicable requirements of federal state and local civil rights statutes rules and regulations in the performance of this Agreement

11 HOLD HARMLESSThe parties agree to indemnify and hold harmless each other for from and against all claims costs expenses (including attorney fees) losses damages fines charges actions or other liabilities solely to the extent arising from their own intentional or negligent acts or those of their agents contractors or employees and to the extent applicable the above indemnification is

Page 47 of 81

4 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

subject to and shall not exceed the limits of the Oregon Tort Claims Act (ORS 30260 through 30300) and the Oregon Constitution The parties intend to provide reciprocal indemnity obligations The parties acknowledge that the Oregon Tort Claims Act does not limit the liability of Grand Ronde in the same manner as the other parties Accordingly the parties agree Grand Rondersquos indemnity shall not exceed the indemnification limits of any other party

12 INSURANCE

Each party shall insure or self-insure and be independently responsible for the risk of its own liability for claims within the scope of the Oregon tort claims act (ORS 30260 to 30300) The parties intend to provide reciprocal liability insurance obligations The parties acknowledge that the Oregon Tort Claims Act does not apply to Grand Ronde in the same manner as other parties Accordingly the parties agree that Grand Ronde shall self-insure in an amount consistent with the liability for claims of any other party

13 MERGER CLAUSEParties concur and agree that this Agreement constitutes the entire agreement between the parties No waiver consent modification or change to the terms of this agreement shall bind either party unless in writing and signed by both parties There are no understandings agreements or representations oral or written not specified herein regarding this agreement Parties by the signatures below of their authorized representatives hereby agree to be bound by its term and conditions

Page 48 of 81

5 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

THE CONFEDERATED TRIBES OF THE GRAND RONDE COMMUNITY OF OREGON

__________________________________ ________________________ Cheryle A Kennedy DateTribal Council Chairwoman

Page 49 of 81

6 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

CITY OF INDEPENDENCE

__________________________________ _____________________Tom Pessemier DateCity Manager

Page 50 of 81

7 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

CITY OF KEIZER

__________________________________ ________________________Christopher Eppley DateCity Manager

Approved as to form

________________________________________Keizer City Attorney

Page 51 of 81

8 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

CITY OF MONMOUTH

__________________________________ _____________________Chad Olsen DateInterim City Manager

Page 52 of 81

9 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

MARION COUNTY BOARD OF COMMISSIONERS

__________________________________Chair

__________________________________Commissioner

__________________________________Commissioner

Date _____________________

Page 53 of 81

10 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

POLK COUNTY BOARD OF COMMISSIONERS

__________________________________Commissioner

__________________________________Commissioner

__________________________________Commissioner

Date _____________________

Page 54 of 81

11 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

SALEM-KEIZER PUBLIC SCHOOLS

_____________________________________ _____________________Marty Heyen Chairperson Board of Directors DateSalem-Keizer Public Schools

Page 55 of 81

12 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

CITY OF SALEM

__________________________________ _____________________Steve Powers DateCity Manager

Page 56 of 81

13 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

__________________________________ _______________________Renata Wakeley DateActing Executive Director

Page 57 of 81

Page 58 of 81

1

MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

SCOPE OF WORK FOR THE MID-WILLAMETTE VALLEY HOMELESS ALLIANCE COG shall undertake the following items in performance of this Agreement

1 Finance a Manage and process accounts payable and accounts receivable b Maintain records of project expenditures and revenues in COG financial

management system c Maintain copies of personal services contracts and other contracts for goods and

services under this Agreement d Provide monthly financial report to the Alliance Board e Provide support to and project financial statements in annual audit f Incorporate project expenditures and revenues into COG budget forecast prepare

budget documents for Alliance Board approval g Provide documentation of internal controls and other financial policies and

procedures to HUD upon request h Manage HUD planning grant when awarded Assure planning grant expenditures

made by the project are allowable per HUD regulations i Prepare any required financial reports associated with the planning grant j Accept and record Alliance member contributions and k Invoice members for annual project contributions and track contribution receipts

2 Administrative Support

a Attend Alliance Board meetings and executive committee meetings prepare draft minutes and maintain meeting records

b Assist the Alliance in scheduling meetings and other meeting-related tasks including merging documents for the meeting packet

c Schedule meeting space when available facilitate meeting logistics and preparation including setting up meeting space copying documents making name cards setting up laptop and PowerPoint equipment connecting participants through conference phone

d Maintain email lists in conjunction with the Alliance e Notice meetings per Public Meetings Law requirements f Assist the Alliance in preparing and disseminating a quarterly Alliance newsletter

COG is not responsible for creating or obtaining content for the newsletter and g Maintain Homeless Initiative web page on the COG website and provide up to six

(6) hours a month of IT support for the newly acquired and licensed Homeless Initiative web page

3 Executive Director Support

a Negotiate and approve goods and personal service contracts and contract amendments upon request of the Alliance

b Approve payments for monthly invoices c Provide executive level advice and support in working with the COG board of

directors and COG members d Authorize legal services upon request of the Alliance

Page 59 of 81

2

e Authorize IT services upon request of the Alliance f Attend MWVHA board meetings as needed and g Serve as the Collaborative Applicant for the 2020 NOFA process sign required

application documents

4 IT Support a Support development and maintenance of the Alliance website and b Other projects upon request of the Alliance and approval of Executive Director

5 Legal Services upon request of the Alliance and approval of Executive Director

6 Rates for services provided by COG are set forth COGrsquos fee schedule attached hereto as

Exhibit 1 (COG Board of Directors Resolution 2019-06) COG modifies its fee schedule annually on or about on July 1 of each year COG may modify the fees under this Agreement by not more than 15 for any individual fee upon adoption of a fee schedule for the 20-21 fiscal year and providing the Member Governments 10-daysrsquo notice of the modified fees The rates for services set forth herein apply to this Agreement and COG reserves the right to propose different rates in any future agreement pursuant to COGrsquos adopted fee schedule

Page 60 of 81

Page 61 of 81

Page 62 of 81

Page 63 of 81

Page 64 of 81

1

MID-WILLAMETTE VALLEY HOMELESS ALLIANCE GOVERNANCE CHARTER

FINAL ndash Approved by the CoC Development Council on 10-24-19 ratified by the Mid-Willamette Valley Homeless Alliance Board of Directors on 2-13-20

ARTICLE I CONTINUUM OF CARE NAME AND PURPOSE

A NAME OF THE CONTINUUM OF CARE (COC) The name of this organization is the Mid-Willamette Valley Homeless Alliance which serves as the regionrsquos Continuum of Care herein referred to as ldquothe CoCrdquo

B CONTINUUM OF CARE (COC) OVERVIEW 1 GEOGRAPHIC BOUNDARIES The CoC represents the geographic region within the boundaries of Marion

and Polk counties 2 PURPOSE The CoC is organized to carry out the purposes of the US Housing and Urban Development

(HUD) Continuum of Care program as described in 24 CFR Part 578 The CoC promotes communitywide commitment to the goal of preventing and ending homelessness provides funding for efforts by nonprofit providers and state tribal and local governments to quickly rehouse homeless individuals including unaccompanied youth and families while minimizing the trauma and dislocation caused to homeless individuals families and communities by homelessness promotes access to and effective utilization of mainstream housing and homeless services programs by homeless individuals and optimizes self-sufficiency among individuals and families experiencing homelessness Its work includes gathering and analyzing data to determine local needs of and resources available to people experiencing homelessness developing and prioritizing a menu of strategic responses collaboratively implementing a strategic plan promoting service coordination educating the public on homeless issues providing advice and input on homeless services operations leveraging resources for maximum impact and measuring and promoting strong program performance Through collaborative efforts of local and tribal governments school districts nonprofit organizations and other participating stakeholders the CoC seeks to develop an evidence-based system of services including stable housing designed to meet the unique and complex needs of adults youth children and families in Marion and Polk counties who are at risk of or are experiencing homelessness ICLE 3 ndash GEOGRAPHIC RE

ARTICLE II CONTINUUM OF CARE GOVERNANCE STRUCTURE

A BOARD OF DIRECTORS 1 NAME The name of the CoC governing board is the Mid-Willamette Valley Homeless Alliance Board of

Directors herein referred to as the ldquoCoC Boardrdquo or the ldquoBoardrdquo The CoC has established a governing board as required by 24 CFR part 5787(a)(3) The Board is responsible for the overall policy and direction of the CoC and may delegate responsibility for day-to-day operations to staff and committees

2 VOTING MEMBERSHIP The Board will consist of at least thirteen (13) voting members that have no

conflicts of interest as defined in Article III of this charter and 24 CFR part 57895 Board members will

Page 65 of 81

2

serve without compensation Board membership includes representation from the following organizations or subpopulations

a One representative from each of the following organizations

i Union Gospel Mission a faith-based organization ii The Confederated Tribes of Grand Ronde iii Local governments

(a) City of Independence (b) City of Keizer (c) City of Monmouth (d) Polk County

iv Salem-Keizer School District (24J) v Salem Health vi Homeless or formerly homeless individuals appointed by the Law Enforcement Assisted Diversion

Program and vii United Way of the Mid-Willamette Valley a nonprofit organization

b Two representatives from the City of Salem and Marion County In the alternative pursuant to

Section 11 of Article 2 Marion County and the City of Salem may appoint one representative who may exercise two votes

3 EX-OFFICIO BOARD MEMBERS In addition seven (7) ex-officio participants may serve as non-voting ex-

officio board members participating in discussions and representing such groups as a Marion County Salem and West Valley Housing Authorities b Mid-Willamette Valley Community Action Agency c Polk County Veteran Services and d Co-chairs of the CoC Collaborative Committee

4 BOARD SELECTION PROCESS

a The initial CoC Board of Directors will be nominated by the Development Council established by a 2019 Memorandum of Agreement in consultation with the stakeholders workgroup

b Each organization nominated for representation on the CoC Board will identify persons to serve who hold elected or senior staff roles in decision-making for that organization

c Members serve at the pleasure of the CoC Board d Any directors representing organizations newly added to the Board by amendment to this charter

will be nominated and confirmed by vote of the CoC board e Pursuant to 24 CFR part 5787(a)(3) the CoC Board will submit this written selection process to the

CoC Collaborative Committee described in Section D of this article and Board of Directors for review update and approval at least once every five (5) years

5 BOARD FINANCIAL CONTRIBUTIONS Each organization represented as a voting member on the CoC

board will contribute funds to supplement CoC operations contingent on the organizationrsquos budgetary

authority Contributions will be reviewed and approved annually by the CoC board

6 BOARD ALTERNATES Board members may designate an Alternate for a single meeting who can attend in the board memberrsquos place if the member must miss a meeting The Alternate must represent the same organization or subpopulation as the absent Board member Prior to the board meeting the absent Board member or his or her designee must communicate in writing to CoC staff confirming the Alternatersquos attendance and granting authority for the Alternate to vote

Page 66 of 81

3

7 TERMINATION The Board may remove any member when it determines it is in the interest of the CoC to do so Member terminations require a 23 vote of the appointed voting membership Reasons for removal include excessive absences from meetings conduct that is contrary to the Boardrsquos code of conduct or noncompliance with conflict of interest or other board policies

8 RESIGNATION Resignations by Board members shall be submitted in writing to CoC staff who will forward the resignation notice to board leadership Resignations will be announced at the next regularly scheduled board meeting For board positions representing designated organizations resignation is implied if a person seated on the board is no longer affiliated with the organization that appointed him or her The appointing organization is then responsible for assuring that another qualified person is appointed to represent that organization

9 MEETINGS Pursuant to 24 CFR part 5787(a)(1) the Board will meet at least semi-annually in conjunction with the CoC Collaborative Committee to conduct general CoC business Inclusive of these semi-annual joint meetings the board will meet at least quarterly and may meet more frequently at the call of the chair The CoC Board is a public body subject to the public meetings and record laws as stated in ORS Chapter 192 All meetings will be open to the public

10 QUORUM A majority defined as 50 plus one of the appointed voting Board membership will constitute a quorum for the transaction of all business at meetings Members may attend either in person or by conference call so long as persons in attendance and on the telephone can both hear and communicate with each other Members attending by telephone conferencing may be counted towards achieving a quorum

11 VOTING Each Board member will hold one vote on all matters brought before the board However in recognition of their significant financial contributions to the effort Marion County and the City of Salem may select two persons to represent each organizationrsquos interests on the CoC Board or in the alternative may select one representative who shall have two votes on any matter Board decisions shall be made by a majority of the total votes available to the entire appointed voting Board membership

12 NOTICE AND INCLUSION a The Board will provide for and give public notice reasonably calculated to give actual notice to

board members interested persons news media that have requested notice and general public notice Notice shall include the time and place for holding regular meetings The notice will also include a list of the primary subjects anticipated to be considered at the meeting Distribution of meeting notices will be in a manner that maximizes the potential of the public awareness of Board proceedings and for the public to participate in its deliberations

b Whenever possible matters resulting in a recommendation to the Board will be deliberated during a minimum of two meetings to assure maximum participation

c The Board encourages input to its deliberations and decision-making from a diversity of stakeholders including consumers and community members from diverse genders racial and ethnic origins cultural groups and geographic areas within the CoC boundaries CoC members are encouraged to bring ideas or concerns to the attention of the CoC Board and staff

d The Board will conduct outreach at least semi-annually with business organizations such as economic development forums chambers of commerce and Rotary clubs to inform business leaders about current issues surrounding homelessness and gather information from a business perspective

13 AGENDAS Items may be placed on a meeting agenda by any Board member or by CoC staff The agenda will be distributed to members and through public notice at least one week prior to a Board meeting

Page 67 of 81

4

B BOARD OFFICERS 1 CHAIR The Board will accept nominations and elect a chair annually The chair may be elected for

subsequent terms The chair will act as leader of the convened meeting and as the parliamentarian The chair will enforce Board policies and membership rules and will guide the conduct of public meetings The chair is the official Board representative and shall be the primary spokesperson to the media

2 VICE CHAIR The chair will select a vice chair with board consent In the absence of the chair the vice chair will assume the chairs responsibilities If neither the chair nor vice chair is available for a public meeting then the assembled quorum of the meeting will select a temporary chairperson to conduct the meeting

3 EXECUTIVE COMMITTEE LEADERSHIP The chair and vice chair serve as leaders of the CoC Executive Committee as described in Section E1

C STAFF RESPONSIBILITIES TO THE CoC BOARD

1 STAFF SUPPORTCOLLABORATIVE APPLICANT Subject to available funding for CoC operations Mid-

Willamette Valley Council of Governments (COG) will serve as the Collaborative Applicant described in

Article IV Section E and provide staff support that could be employees contractors and in-kind

support as well as in-kind materials and services to support the CoC To maintain a neutral role in

facilitating council meetings staff representing the COG will not hold authority to vote on matters

placed before the CoC Board

2 UNIFIED FUNDING AGENCY The CoC will seek designation as a Unified Funding Agency from the US

Department of Housing amp Urban Development

3 MEETING PREPARATION CoC staff is responsible for meeting preparation which includes

a Locating reserving and preparing the meeting space b Sending meeting notice agendas and minutes to the CoC distribution list one week prior to the

meeting and a reminder one day prior to the meeting c Compiling background materials and staff reports d Planning Board meetings in collaboration with the Executive Committee e Taking attendance at meetings and f Providing facilitation as needed

4 MINUTES CoC staff will serve as the CoC Board Administrator and prepare meeting minutes Minutes

will include a list of the members present motions proposals resolutions and orders proposed and their disposition the results of all votes and a vote by each member by name the substance of any discussions on any matter and reference to any document discussed at that meeting Minutes will be posted on the CoC website and distributed to the Board membership one week prior to the monthly meeting

5 RECORDS Pursuant to 24 CFR part 578103 and 24 CFR part 5785(b) staff will maintain CoC records to document compliance with HUD requirements including the following a Approved CoC governance charter that includes a written process to select the CoC board b Documentation of required reviews and updates including the annual charter review and review of

Board selection process every five years c CoC Board and committee rosters designating representation of sectors and subpopulations d Agendas and minutes of CoC Board committee subcommittee and workgroup meetings

Page 68 of 81

5

e Designation of a single Homeless Management Information System (HMIS) for the CoC f CoC applications for funds as set forth in 24 CFR part 5789 g Use of planning funds for eligible costs and other grant management documentation pursuant to 24

CFR part 57839 and h Completed and signed CoC conflict of interest forms required in Article III Section 5 of this charter

6 OTHER RESPONSIBILITIES CoC staff will maintain distribution lists distribute communications to CoC members and the community at large develop and maintain a CoC webpage support CoC committees and workgroups produce and submit applications for funds and perform other duties as assigned by the CoC Board to support the CoC

D CoC COLLABORATIVE COMMITTEE 1 PURPOSE The purpose of the CoC Collaborative Committee is to assist the Board in accomplishing the

responsibilities of the Continuum of Care as described in Article IV

2 MEMBERSHIP Participation in the Continuum of Care is open through the CoC Collaborative Committee to interested organizations and to interested individuals representing the community at large Member agencies will be responsible for identifying CoC representatives Participating agencies may have more than one person identified as a CoC representative Homeless and formerly homeless people are encouraged and supported to participate A roster of CoC Collaborative Committee participants will be maintained and posted on the CoC website

3 VOTING Each member organization and community at large member who has participated in at least two (2) meetings in the preceding twelve (12) months after the initial year of CoC operations shall have one vote at subsequent meetings on each matter submitted to a vote of CoC members To the maximum extent possible committee meetings shall operate on a consensus basis However members can request a majority vote on specific issues Agencies with more than one representative in attendance will determine in advance which representative will vote In all cases each member organization has only one vote

4 RESIGNATION Member agencies may resign from the CoC Collaborative Committee by sending a

written communication to CoC staff

5 CO-CHAIRS The CoC Board will appoint co-chairs to facilitate CoC Collaborative Committee meetings based on nominations from the CoC Collaborative Committee One co-chair will represent the public (governmental) sector and the other will represent the private (nongovernmental) sector Co-chairs will serve for two-year terms and may be reappointed by the Board

5 RECRUITMENT AND OUTREACH The CoC Board will publish and disseminate an open invitation at least annually for those within the CoC area to join as new CoC Collaborative Committee members CoC staff will document recruitment efforts The CoC Board will identify and address membership gaps in essential sectors and will recruit so that membership requirements are being met pursuant to 24 CFR part 5787 Outreach will be conducted to obtain representation from the following groups listed in 24 CFR part 5785(a)

a Nonprofit homeless assistance providers b Victim service providers c Faith-based organizations d Governments

Page 69 of 81

6

e Businesses f Advocates g Public housing agencies h School districts i Social service providers j Mental health agencies k Hospitals and health care organizations l Universities m Affordable housing developers n Law enforcement o Organizations that serve veterans p Homeless and formerly homeless individuals and q Other relevant organizations within the CoCrsquos geographic boundaries such as organizations and coalitions that serve unaccompanied youth employment councils substance abuse providers and early learning hubs

E COMMITTEES AND WORKGROUPS 1 STANDING COMMITTEES AND WORKGROUPS The CoC Board will appoint members representing

organizations participating in the CoC Collaborative Committee to the standing committees and workgroups listed in this section as E1 a through d The Board will also designate chairs or co-chairs to facilitate committee or workgroup meetings CoC staff will be assigned to take notes at committee and workgroup meetings and assure that CoC policies and processes are followed CoC staff will also maintain lists of committee and workgroup membership and post the lists to the CoC webpage a PERFORMANCE AND EVALUATION COMMITTEE The Performance and Evaluation Committee shall

review and recommend to the Board the policies timelines and scoring tools for application review and ranking process as part of the Continuum of Care competition for funds The Performance and Evaluation Committee shall also be responsible for monitoring and reviewing CoC-funded projects and general system performance The Performance and Evaluation Committee shall make recommendations to the CoC Board to improve system performance with input from the CoC Collaborative Committee Members of this committee may not have a conflict of interest described in Article III and may not be recipients of HUD funds i The CoC Board will appoint a subcommittee of not fewer than five (5) Performance and

Evaluation Subcommittee members to review and rank project applications during the annual process described in Article IV Section E

ii The Board will strive to appoint subcommittee members who are knowledgeable about homelessness and housing in the region and representative of relevant sectors subpopulations and geographic areas of the region

iii Subcommittee members must have completed conflict of interest forms on file with CoC staff affirming that they are not employees or do not have a business relationship or other conflicts of interest as described in Article III

iv Subcommittee members must be willing to dedicate time for application review and subcommittee meetings during the application process

b COORDINATED ENTRY COMMITTEE The Coordinated Entry Committee creates the policies and

procedures for the CoCrsquos coordinated entry system The committee is also responsible for monitoring the progress of organizations implementing coordinated entry to ensure it is functioning effectively arranging for technical assistance to participating organizations and recommending changes as necessary The committee shall recruit agencies for participation in coordinated entry

Page 70 of 81

7

c HMIS USERS WORKGROUP The HMIS Users Workgroup consists of representatives from organizations using the Homeless Management Information System (HMIS) The workgroup is co-chaired by the HMIS Lead organization or its designee and the HMIS Designated Coordination Entity as described in Article IVB2 The workgroup shall monitor the progress of organizations using HMIS develop strategies for improving HMIS ease of use troubleshoot data reporting and data quality issues and review and make recommendations on HMIS policies and protocols to the HMIS Lead HMIS Coordination Entity and CoC Board

d POINT-IN-TIME COUNT WORKGROUP The Point-in-Time Count workgroup shall work with the

HMIS Coordination Entity named in Section D2 to organize and conduct the Point-in-Time count including recruitment training and support of volunteer outreach workers for the event

2 SPECIAL COMMITTEES AND WORKGROUPS The Board may authorize the formation of special

committees or workgroups as necessary to deal with specific problems or issues as the Board believes appropriate The Board will appoint members to special committees and workgroups These special committees or workgroups will be time limited and be provided a scope of work from the Board Special committees and workgroups will report their findings and recommendations to the Board upon request or upon the conclusion of their work

3 EXECUTIVE COMMITTEE The Executive Committee is composed of the chair vice chair and at least

three additional Board members The committee works closely with staff to guide the work of the CoC Board Committee members may not serve on the Performance and Evaluation Committee Committee responsibilities include the following a Prepare meeting agendas and ensure matters are ready for Board meetings b Act on matters when authority has been delegated by the full Board to do so and c Act on time sensitive administrative matters that require a decision between Board meetings with

notice provided to all Board members prior to taking action and with the action(s) to be ratified at the next Board meeting Time sensitive administrative matters include but are not limited to required municipal state or federal reports and letters of support associated with grant applications Action will not be taken under this subsection if any Board member notifies the Board Chair of the members objection prior to the Executive Committees action on a time sensitive matter

4 APPEALS COMMITTEE The Board may appoint a committee of three (3) Board members to review and

make appeal decisions during the application process described in Article IV Section E Those appointed to the Appeals Committee may not have participated in the rank and review process must have signed conflict of interest forms on file with CoC staff and must affirm upon committee appointment that they do not have conflicts of interest with agencies applying for CoC Program funding In the alternative the Board may also delegate this responsibility to the Executive Committee

Page 71 of 81

8

ARTICLE III CONFLICT OF INTEREST AND CODE OF CONDUCT

NUUM OF CARE GOVERNANC A CONFLICT OF INTEREST

1 GENERAL PROVISIONS A conflict of interest is a situation in which a CoC Board member or one of his or her family members has a personal or financial interest that compromises or could compromise the Board or committee memberrsquos independence of judgment in exercising his or her responsibilities to the CoC It is the position of this CoC that conflicts of interest shall not compromise the CoCrsquos work and that even the appearance of a conflict shall be avoided in all circumstances

2 ADHERENCE TO CONFLICT OF INTEREST POLICY CoC Board and committee members are expected to adhere to the CoC Conflict of Interest Policy which requires the member to minimize conflicts of interest disclose ethical legal financial and other conflicts and remove themselves from decision-making if they would otherwise be called on to act on a conflict involving themselves their family members or entities with which they or their family members are closely associated Under the policy Board members are required to disclose actual or potential conflicts of interest as well as certain relationships and transactions No CoC Board member may participate in or influence discussions or resulting decisions concerning the award of a grant or other financial benefits to the organization that the member represents pursuant to 24 CFR part 57895

3 DEFINITIONS The CoC will assure that Board and committee members acknowledge the federal and state definitions of conflict of interest and are in full compliance with state and federal law a Conflict of Interest definitions aligning with federal statute are

i Conflict of Interest generally means a situation in which a Board member or his or her immediate family member has directly him- or herself or indirectly through another individual or entity a personal or financial interest that compromises or could compromise the Board memberrsquos independence of judgment in exercising his or her responsibilities to the CoC

ii Prohibited Conflict of Interest means a conflict of interest that would prevent a Board member from serving on the Board or participating in any of the Board activities A Board member who has a potential or actual Prohibited Conflict of Interest must resign from the Board Prohibited Conflicts of Interest include CoC compensation and employment loans federal employee status use of CoC equipment facilities assets or staff time for non-CoC purposes and acceptance of gifts gratuities favors or anything of monetary value

iii Issue-Specific Conflict of Interest means a conflict of interest that would prevent a Board member from voting on or being present during the discussion of a specific issue such as votes on contracts and CoC leadership

b Oregon Revised Statutes Chapter 244 defines actual and potential conflict of interests for members

of public bodies No Board or committee member shall participate in a decision in which he or she has a private pecuniary interest Affected members shall disqualify themselves from participation by written notification to the Board as required by ORS 244120

i A potential conflict of interest exists when a Board or committee member takes an action that

reasonably could be expected to have a financial impact on that member a relative or a business with which the member or members relative is associated The member may participate in an action after declaring the potential conflict and announcing its nature

Page 72 of 81

9

ii An actual conflict of interest exists when an action is reasonably certain to result in a special benefit or detriment to the member a relative or a business with which the member or members relative is associated The member will declare the actual conflict and announce its nature The member must then refrain from taking any official action except when the members vote is necessary to achieve a quorum When a vote is necessary to achieve a quorum the member may vote but may not participate in any discussion or debate on the issue out of which the actual conflict arises

4 PENALTIES A Board member who purposefully conceals a conflict of interest refuses to recuse him- or

herself from voting or engages in other conduct that violates the CoC Conflict of Interest policy will be subject to removal from the Board

5 ANNUAL DECLARATION Board and committee members are to annually receive a copy of the CoC Conflict of Interest Policy sign the CoCrsquos Conflict of Interest form and submit the form to CoC staff

B B CODE OF CONDUCT 1 GENERAL PROVISIONS CoC members are expected to observe the highest standards of ethical conduct

in the execution of their responsibilities to conduct themselves with courtesy and respect and to refrain from harassment intimidation discrimination and physical or verbal abuse

2 CONFIDENTIALITY CoC members must respect and maintain the confidentiality of sensitive information

they may gain from their association with the CoC This may include personal information about community members experiencing homelessness

3 RESPONSIBILITY AND INTEGRITY In the performance of their duties CoC members are expected to carry out CoC duties to the best of their abilities and to maintain the highest standards of integrity for actions with other CoC members including CoC Board members service providers service recipients and members of the general public CoC Board and committee members shall put forth honest effort in the performance of their duties to advance the CoCrsquos mission exercising sufficient control and supervision over matters for which they are individually responsible and should not do anything to bring the full CoC or its members into disrepute

4 MISUSE OF POSITION Misuse of position is prohibited A CoC member must not use his or her position with the CoC for personal gain or for the benefit of family or friends

5 COMMUNICATIONS CoC members shall make clear when communicating publicly or with the media whether they are speaking in their own name on behalf of their agency or organization or on behalf of the CoC if the CoC Board has empowered them to speak on the CoCrsquos behalf

6 WASTE FRAUD AND ABUSE CoC members shall disclose waste fraud abuse and corruption in the operation of the Continuum of Care to appropriate authorities

7 EQUAL OPPORTUNITY CoC Board members shall adhere to laws and regulations that provide equal opportunity for all people regardless of race color religion gender identity national origin ethnicity sexual orientation age or disability

Page 73 of 81

10

8 PENALTIES This Code of Conduct will be distributed annually to CoC members Members in violation of any portion of this Code of Conduct will be subject to disciplinary action which could include immediate termination from the CoC Board or CoC committees

9 ANNUAL DECLARATION Board members are to annually receive a copy of the Code of Conduct acknowledge receipt by signing a form and submit a copy of the signed form to CoC staff

O ARTICLE II CONTINUUM FCARE GOVERNANCE STRUCTURE

ARTICLE IV OPERATING THE CONTINUUM OF CARE

A CoC RESPONSIBILITIES The CoC Board is responsible for assuring that the following responsibilities are accomplished with broad participation from CoC stakeholders

1 Hold meetings of the full membership with published agendas at least semi-annually pursuant to 24 CFR part 5787(a)(1)

2 Make an invitation for new members to join the CoC publicly available within the geographic area at least annually pursuant to 24 CFR part 5787(a)(2)

3 Adopt and follow a written process to select a board to act on behalf of the CoC The process must be reviewed updated and approved by the CoC at least once every five (5) years pursuant to 24 CFR part 5787(a)(3)

4 Appoint additional committees subcommittees or workgroups pursuant to 24 CFR part 5787(a)(4)

5 In consultation with the Collaborative Applicant and HMIS Lead develop follow and update annually a governance charter which will include all procedures and policies needed to comply with Subpart B of part 5787 and with HMIS requirements as prescribed by HUD and a code of conduct and recusal process for the board its chair(s) and any person acting on behalf of the board pursuant to 24 CFR part 5787(a)(5)

6 Consult with recipients and subrecipients to establish performance targets appropriate for population and program type monitor recipient and subrecipient performance evaluate outcomes and take action against poor performers pursuant to 24 CFR part 5787(a)(6)

7 Evaluate outcomes of projects funded under the Emergency Solutions Grants (ESG) program and the CoC program and report to HUD pursuant to 24 CFR part 5787(a)(7)

8 In consultation with recipients of Emergency Solutions Grants program funds within the geographic area establish and operate either a centralized or coordinated assessment system that provides an initial comprehensive assessment of the needs of individuals for housing and services The CoC must develop a specific policy to guide the operation of the centralized or coordinated assessment system on how its system will address the needs of individuals and families who are fleeing or attempting to flee domestic violence dating violence sexual assault or stalking but who are seeking shelter or services from nonvictim service providers This requirement along with requirements established by HUD by notice is pursuant to 24 CFR part 5787(a)(8)

Page 74 of 81

11

9 In consultation with recipients of Emergency Solutions Grants program funds within the geographic

area establish and consistently follow written standards for providing CoC assistance as further described in 24 CFR part 5787(a)(9)

10 Designate and operate a single Homeless Management Information System (HMIS) for the geographic area including designating a single system and an HMIS lead reviewing revising and approving a privacy plan security plan and data quality plan for the HMIS ensuring consistent participation of recipients and subrecipients in the HMIS and ensuring that the HMIS is administered in compliance with HUD requirements pursuant to 24 CFR part 5787(b)

11 Develop a CoC plan that includes coordinating the implementation of a housing and service system that meets the needs of homeless individuals including unaccompanied youth and families The system shall include at a minimum outreach engagement assessment shelter housing supportive services and prevention strategies pursuant to 24 CFR part 5787(c)(1)

12 Plan for and conduct at least biennially a Point-in-Time Count of homeless persons within the geographic area as described in 24 CFR part 5787(c)(2)

13 Conduct an annual gaps analysis of the homeless needs and services available within the geographic area pursuant to 24 CFR part 5787(c)(3)

14 Provide information required to complete the Consolidated Plan(s) within the CoCrsquos geographic area pursuant to 24 CFR part 5787(c)(4)

15 Consult with state and local government Emergency Solutions Grants program recipients within the CoCrsquos geographic area on the plan for allocating Emergency Solutions Grants program funds and reporting on and evaluating the performance of Emergency Solutions Grants program recipients and subrecipients pursuant to 24 CFR part 5787(c)(5)

16 Prepare an application for funds that includes a collaborative process in response to a Notice of Funding Availability (NOFA) published by HUD under 24 CFR part 57819

17 OF THE COC AND THE COC BOARD

B CoC REPORTS The CoC Board shall approve the following reports and documents prior to releasing such reports and documents to the community

1 CoC Program Project Priority List 2 Inventory of Homeless Services 3 Annual or Biennial Point-in-Time Count Report 4 Housing Inventory Chart 5 Longitudinal Systems Analysis (LSA) and 6 Homeless Coordinated Entry System Report

Page 75 of 81

12

C CoC CORRECTIVE ACTIONS PROCESS 1 ANNUAL PROGRAM REVIEW CoC funded programs or projects will be reviewed by the Performance

and Evaluation Committee annually with findings reported to the CoC Board 2 RESPONSES TO IMPROVE PROGRAM PERFORMANCE

a Should the Board determine that a program is not meeting established performance measures staff will notify the program or project in writing The organization overseeing the program or project will have the opportunity to provide additional performance information within 30 days of receipt of the CoC notification

b If the program or projectrsquos performance is related to certain items as determined by the CoC Board such as late Annual Performance Report submissions unused funding low utilization low exits to permanent housing low scores on income measures or alignment of program participation with wait list protocols the CoC Board may place a program on probation to improve its performance

c During the probationary period the CoC will enter into a Performance Improvement Agreement with the program or project needing improvement listing specific expectations and timeline

d CoC staff will facilitate technical assistance as needed and available as part of the Performance Improvement Agreement The organization overseeing the program or project is responsible for requesting specific assistance in low-scoring performance areas and requesting clarifications from the CoC about performance measures and expectations

e The length of the probationary period will be proposed by the Performance and Evaluation Committee negotiated by CoC staff and approved by the CoC Board Extensions may be requested for extenuating circumstances and are subject to Board approval If the program or project does not fulfill the agreed-upon expectations included in the Performance Improvement Agreement the Board may reduce funding or ranking may reject future applications from that program or project for HUD CoC Program funds or other remedies approved by HUD

D DESIGNATING AND OPERATING A HOMELESS MANAGEMENT INFORMATION SYSTEM

1 HMIS PURPOSE The primary purpose of the CoCrsquos Homeless Management Information System (HMIS) is to aggregate data on homelessness across Marion and Polk counties to accurately describe the regionrsquos scope and evaluate the effectiveness of efforts to reduce and end homelessness The CoC uses HMIS to a Understand the characteristics and service needs of homeless people b Analyze how homeless people use services c Evaluate program effectiveness and outcomes d Improve access to and delivery of services for people experiencing homelessness and e Strengthen community planning and resource allocation

2 DESIGNATED HMIS ROLES Oregon Housing amp Community Services (OHCS) is designated as the HMIS Lead AgencyAdministrator Portland Housing Bureau is the vendor that provides the licensed software for the HMIS system Mid-Willamette Community Action Agency is designated as the CoC regionrsquos HMIS Coordination Entity designated by the HMIS Lead to coordinate data collection and data analysis for the region The CoC Board oversees the work of the HMIS partners

3 HMIS DECISIONMAKING AUTHORITY HMIS decisions which affect local CoC operations are made by the

HMIS Administrator in consultation with the HMIS Users Workgroup and HMIS Coordination Entity HMIS decisions which affect CoCs participating in statewide HMIS implementation will be made by the Northwest Social Services Connections Committee with representation from each CoC in Oregon The

Page 76 of 81

13

HMIS Lead will keep CoC staff informed of issues and decisions and will provide a summary of key decisions to the CoC Board at least annually

4 HMIS LEAD RESPONSIBILITIES Oregon Housing amp Community Services as HMIS Lead works closely with

the CoC and is responsible for maintaining the CoCrsquos HMIS system in compliance with HUD standards OHCS is responsible for coordinating the following activities a Providing operation security maintenance system auditing and technical support of HMIS central

hardware software and connectivity b Executing a written HMIS Participation Agreement with each Contributing HMIS Organization (CHO)

which includes the role obligations and authority of the HMIS Lead and the organization and requirements to comply with security privacy and data quality plans

c Setting up and managing user accounts access levels and passwords d Providing technical and user support for HMIS software including agency account set-up system

monitoring and testing problem diagnosis and resolution and routine software and information maintenance

e Providing and coordinating ongoing training and technical support for the system f Ensuring consistent HMIS participation by CoC and Emergency Shelter Grant (ESG)recipients and

subrecipients g Maintaining and updating a Privacy Plan Security Plan and Data Quality Plan h Ensuring the accuracy of data including regularly assessing that all participating agencies are

accurately and comprehensively capturing participant entry and exit dates and providing technical assistance to correct data quality challenges

i Coordinating regular end user meetings ie HMIS Users Workgroup meetings to discuss software updates data entry report writing and system management issues

j Serving as point of contact for end user questions and concerns k Assessing compliance with the CoCrsquos HMIS Policies and Procedures Manual l Maintaining contact with the software product developer to ensure consistent and uniform

communication among product support personnel and the community m Generating information on the communityrsquos homeless and housing situation for community

planning advocacy and funder reporting requirements n Assisting end users in the creation of custom reports and queries o Providing regular aggregate data reports to participating agencies CoC staff and the CoC Board p Reviewing and implementing product upgrades q Completing the Annual Homeless Assessment Report r Conducting regular data quality checks and providing reports to the CoC Board and s Serving as the applicant to HUD for grant funds to be used for HMIS activities for the CoCrsquos

geographic area as approved by the CoC Board

5 PROVIDER PARTICIPATION Any organization within the CoC geographic region that receives Continuum of Care Program and Emergency Solutions Grant (ESG) funds must participate in HMIS as a Contributing HMIS Organization (CHO) In addition the CoC encourages all providers of services to homeless individuals and families within the CoC geographic area regardless of whether they receive CoC or ESG funds to become a CHO and include their data in HMIS

6 HMIS MANUAL To ensure compliance with HUD requirements the HMIS Lead in collaboration with the

HMIS Coordination Entity HMIS Users Workgroup and other stakeholders is responsible for developing and annually reviewing and updating the CoCrsquos HMIS Policies amp Procedures Manual The manual provides the framework for the ongoing operations of the HMIS system It includes the CoCrsquos privacy data quality and security plans for the HMIS system At any time the HMIS Lead HMIS Coordination Entity HMIS Users Workgroup or CoC Collaborative Committee may identify elements of policies or

Page 77 of 81

14

procedures or other HMIS-related plans that need to be revised Recommendations for revisions are to be submitted to the HMIS Lead The HMIS Lead will present the HMIS Policies amp Procedures Manual to the CoC Board annually or more frequently if significant substantive changes are proposed

E PREPARING AN APPLICATION FOR FUNDS 1 PURPOSE A major function of the Continuum of Care is to prepare and oversee the applications for CoC

funds administered by HUD under the McKinney-Vento Homeless Assistance Act The CoC Program is designed to assist individuals and families experiencing homelessness and to provide the services needed to help them move into housing with the goal of long-term stability The CoC Program funds important housing and services programs such as permanent housing (including permanent supportive housing and rapid re-housing) transitional housing and supportive services programs HUD CoC Program funds are granted annually based on a national competition following the release a Notice of Funding Availability (NOFA) Recipients of Emergency Solutions Grant funds another homeless assistance grant administered under the McKinney-Vento Act are required by HUD to coordinate with the CoC The CoC addresses that requirement through coordinating with the ESG review and ranking process and ESG scoring tool development

2 COLLABORATIVE APPLICANT The Mid-Willamette Valley Council of Governments (COG) is designated as

the CoC Collaborative Applicant and is responsible for leading and supporting all aspects of the annual HUD CoC NOFA application process including submission of the Consolidated Application

3 PROJECT REVIEW PROCESS

a Immediately after HUDrsquos Continuum of Care Program NOFA is released the Collaborative Applicant will coordinate and carry out the activities needed to successfully submit a Consolidated Application on behalf of the CoC

b Tasks required for project review in preparation for NOFA submission include the following

i Prior to the NOFA release the Collaborative Applicant will develop a draft timeline for the NOFA process and design scoring tools and any corresponding local application materials to assist in the review and ranking of renewal and new project applicants Review and ranking materials will take into consideration both local and HUD priorities

ii Scoring tools and the draft timeline will be reviewed by the Performance and Evaluation Committee and recommended to the CoC Board for approval

iii Upon publication of the NOFA the Collaborative Applicant will schedule and publicize a date and time for a Technical Assistance Workshop and finalize the timeline and priorities for the NOFA process

iv Applicants may participate in the Technical Assistance Workshop At the workshop the Collaborative Applicant will present an overview of the NOFA and the process for reviewing and ranking applications The orientation will describe HUD application requirements supplemental local application materials the scoring tool and applicable deadlines and dates Applicants will also have an opportunity to ask questions The CoCrsquos NOFA timeline and application materials will be posted in the CoC webpage

v Applicants will complete and submit application materials by the established deadline vi Late applications will not be accepted vii As an exception to Article IVD3bvi applicants with significant extenuating circumstances may

submit a petition to CoC staff for an extension Extensions require the approval of the CoC Board or the CoC Executive Committee if delegated the authority for this purpose by the Board It is anticipated that exceptions will be granted in very rare circumstances and not applied in

Page 78 of 81

15

situations where advance planning could have resulted in the application being submitted timely

viii Incomplete applications cannot be supplemented with more information or materials to reach a level of completeness once submitted to the CoC for review and ranking but must be completed prior to HUD submission if selected for funding

ix A subcommittee of the Performance and Evaluation Committee is appointed by the CoC Board to review and rank project applications as described in Article II Section E Subcommittee members receive and review application and scoring materials prior to the subcommittee meeting in preparation to score each programrsquos application

x The subcommittee of the Performance and Evaluation Committee meets to jointly discuss and critique each application and may interview applicants as part of the meeting If applicant interviews are included in the review process all applicants must have the opportunity for an interview After discussion and any applicant interviews subcommittee members individually score applications based on the scoring tools

xi A preliminary ranked list is created by the following procedures (a) A ranked list is prepared based on a composite of raw scores for each application (b) Applications that do not meet certain threshold requirements as detailed on the scoring

tool will not be included on the ranked list (c) If the NOFA makes available bonus funds in a program area the highest scoring eligible

projects will be designated for bonus funding in those relevant program areas xii The CoCrsquos goals for priority funding are to promote high-performing projects in alignment with

community and federal priorities Scoring tools will reflect the communityrsquos implementation of local and federal priorities as determined by the CoC Board

xiii Scores and subcommittee feedback on applications are sent to applicants along with a reminder of the appeals process and deadline by the established deadline

4 REALLOCATION OF FUNDS HUD encourages CoCs to reallocate funds from projects with substandard

performance to higher priority community needs that also align with HUD priorities and goals Prior to the release of the NOFA the Performance and Evaluation Committee facilitates a reallocation discussion in consultation with the CoC Collaborative Committee and CoC Board Scenarios for potential reallocation decisions based on the CoCrsquos gaps analysis and strategic plan are provided to the Performance and Evaluation Subcommittee to consider during the ranking process Final reallocation decisions are approved by the CoC Board

5 APPEALS a APPEALS COMMITTEE As described in Article II Section E appeals are considered by the Appeals

Committee or Executive Committee as designated by CoC Board The Appeals Committee will be established only if an applicant requests an appeal

b ELIGIBILITY TO APPEAL Eligible applicants have the opportunity to appeal both their scores and

preliminary rankings prior to the ranked list being finalized and approved by the CoC Board i The following applicants are eligible to appeal

(a) An applicant that receives less funding than applied for (b) An applicant that is ranked below Tier 1 (c) An applicant that is ranked in the bottom third of Tier 1 (d) An applicant that believes its score is not reflective of the application information provided

or (e) An applicant that can describe bias or unfairness in the process that warrants the appeal

ii Applicants that have not met the threshold requirements are not eligible to appeal

Page 79 of 81

16

c APPEALS PROCESS i Appeals must be received in writing with supporting documentation by the established

deadline ii Notices of appeal must be based on the information submitted by the application deadline No

additional or new information will be considered iii The notice of appeal must include a written statement specifying in detail the grounds and

rationale asserted for the appeal iv Valid appeals will be read reviewed and evaluated by the Appeals Committee that will meet to

consider and deliberate appeals based on the applicantrsquos appeal statement and the application materials that the applicant originally submitted to the CoC

v The Appeals Committee will make modifications to the preliminary list based on the results of the appeals process Appeals Committee decisions must be supported by a 23 majority vote

vi The appealing agency will receive a written decision of the Appeals Committee within two (2) business days of the Appeals Committee meeting

vii Appeals Committee decisions result in the final prioritized list submitted for approval to the CoC Board

6 FINAL PRIORITIZED LIST OF APPLICATIONS

a A final ranked project list is submitted to the CoC Board for review and approval after appeals have been determined and the Appeals Committee has made any modifications to the preliminary prioritized list Any Board member with a conflict of interest must recuse himself or herself from all related discussions and abstain from voting on the final priority list As stated in Article II Section A and Article III Board members with conflicts of interest are subject to removal from the Board

b The Collaborative Applicant submits the CoCrsquos approved Consolidated Application to HUD prior to the HUD NOFA deadline

c Conditional award funding is typically based upon the prioritized list of Project Applicants that is submitted however actual awards and award amounts are determined by HUD

ARTICLE V CHARTER AMENDMENTS

1 PROCESS This governance charter may be amended at any CoC Board meeting by a 23 majority vote of the appointed voting Board membership Copies of proposed amendments will be available for review at least one week prior to the Board meeting at which the proposed amendments are considered The Board will seek prior review and recommendation by the CoC Collaborative Committee of any amendments to the charter unless circumstances require an immediate change In the latter situation CoC staff will provide an explanation of the circumstances and provide opportunity for comments and input prior to and as part of the Board meeting

2 FREQUENCY OF REVIEW The CoC Collaborative Committee and Board will review this charter annually

Page 80 of 81

PENDING CITY COUNCIL AGENDA ITEMS 04092020

APRIL 14 2020 - 630 PM APRIL 28 2020 - 630 PM

Agenda items due 1000 am 040920 Agenda items due 1000 am 042320

raquo Hearing amp ord Code changes (comm stds) (Fred)

raquo OLCC appl - The Tap Station (Hedlund) raquo Ordinance - code changes (HPC)

raquo Cherriotts Bus Stop Parking (Kie) raquo Liquor licensing policy

raquo Homeless Alliance IGA (Tom) raquo Alcohol concessions contract (Tom)

raquo AXON contract (Bob) raquo Event Center contract (TomShawn)

raquo Res 1526 USDA grant application (Shawn) raquo Info Report 3Q Finance Report (Gloria)

raquo raquo F Street Design RFP Selection (Kie)

raquo raquoraquo raquo MinutesNotesPACTracking Log

raquo raquo Liaison Reports MINET Park amp Rec

raquo MinutesNotesPACTracking Log and Planning

+ Urban Renewal Agency if needed + Urban Renewal Agency if neededMAY 12 2020 - 630 PM MAY 26 2020 - 630 PM

Agenda items due 1000 am 050720 Agenda items due 1000 am 052120

raquo Parking ordinance update review raquoraquo Arbor Day proclamation raquoraquo TSP Consultant presentation raquoraquo Museum presentation (Carly) raquoraquo Lot 7 DDA (ShawnTom) raquoraquo raquo MinutesNotesPACTracking Log

raquo raquo Liaison Reports Library WIMPEG

raquo MinutesNotesPACTracking Log and Museum Commission

+ Urban Renewal Agency if needed + Urban Renewal Agency if neededJUNE 9 2020 - 630 PM JUNE 23 2020 - 630 PM

Agenda items due 1000 am 060420 Agenda items due 1000 am 061820

raquo raquo Budget Adoption

raquo raquoraquo raquoraquo raquoraquo raquoraquo raquo MinutesNotesPACTracking Log

raquo raquo Liaison Reports Traffic Safety Historic Preservation

raquo MinutesNotesPACTracking Log and Independence Days

+ Urban Renewal Agency if needed + Urban Renewal Agency if neededFuture Items City Council LiaisonsIndpMonm IGA re MINET (City Mgr) Historic Preservation Commission Councilor Takacs2019 Transportation financing discussion (unf bsn) Hop amp Heritage Block Party Councilor CorrDuplex ADU worksession HPC worksession Independence Days Commission Councilor CorrJan 2021 - 9th St Sewer projects bid award (kie) Library Board Councilor MortonOverlay project award (Winter 2020) (Kie) MINET Councilor HicksF St Construction Award Museum Advisory Board Councilor MortonHoffmanGun club intersection project (wk ssn) (Kie) Parks amp Rec Committee Councilor Martin-WillisPublic Hearing LA-04-2018 (HPC code update) (Fred) Planning Commission Councilor Martin-WillisOnstreet parking regulations (BobTom) Traffic Safety Commission Councilor TakacsSidewalk program (KieShawnTom) WIMPEG Councilor Ranstrom-Smith(IMC) update Building Codes provisions

Budget MeetingsMar 25 Budget Committee Orientation (rescheduling TBA)May 6th Budget CommitteeMay 13th Budget CommitteeMay 20th Budget Committee (if needed)June 23rd Council - Budget Adoption

Page 81 of 81

  • Agenda
  • 31 March 24 2020
  • 61 Council Action Memo
  • 61 Cherriots Presentation
  • 71 Council Action Memo
  • 71 Tap Station OLCC application
  • 72 Council Action Memo
  • 72 AXON Proposal
  • 73 Council Action Memo
  • 73 Resolution 20-1526
  • 74 Council Action Memo
  • 74 Interim IGA
  • 74 COG Scope of Work
  • 74 MWHA Governance Charter
  • 91 04-09-2020
Page 13: City of Independence

492020

1 1

Route 45 Bus Stop Parking RemovalsIndependence City Council Meetingndash April 14 2020By Ted Stonecliffe Transit Planner II

2

Introductionbull Public outreach completedbull Purpose of bus stop parking removal requestbull Responses to neighbor concernsbull Vehicle typebull Locations of bus stops proposedbull Next stepsbull Conclusionsbull Questions and answers

1

2

Page 13 of 81

492020

1 2

3

Public outreach completed

Public surveybull Conducted in-person outreach events and a six-week online

survey in Summer 2019City council appearances

bull June 2019 February 2020 April 2020

Property owners adjacent to new stopsbull Sent letters certified return receipt USPS mail to each

adjacent property ownerbull Door hangers placed on 160 doors in vicinity of on-street

parking removals and new bus stopsbull Website with all the details cherriotsorgNewRoute45

4

Purpose of bus stop parking removalsbull Buses must have direct access to the curb in order to

loadunload passengers safely especially in mobility devicesbull In order to comply with the Americans with Disabilities Act

(ADA)

Responses to concerns

bull Worked with neighbors on 4th Street to find a better southbound bus stop location

bull Eliminated northbound bus stop on 13th Street in response to neighbor complaint

bull Minimizing parking removals for E Street due to heavy on-street parking occupancy

3

4

Page 14 of 81

492020

1 3

5

Vehicle typebull 25-ft long 14 seats wheelchair lift-equippedbull Needs 50 feet of parking removed at each location

6

Route 45 bus stop locations in Independence (12 new 4 existing)

Monmouth Independence

5

6

Page 15 of 81

492020

1 4

7

Website examples of parking removals

E Street (between 10th and 11th ) Main Street Oak Street

8

Next Stepsbull Seek approval for stops and no-parking zones from three cities ndash

April amp May

bull Release bid package to potential contractors ndash June or July

bull Begin marketing new service at least 30 days in advance of launch

bull Install new stop poles amp signs ndash August

bull Launch new service September 2020

bull Continue marketing new service actively in September

7

8

Page 16 of 81

492020

1 5

9

Conclusionsbull Public outreach allowed public to weigh in on service

design and bus stop locationsbull Property owners have been notified of pending parking

removals by the citybull Removal of parking is necessary for the safety of the riding

public and to comply with the ADAbull Worked with community members and city public works

department to develop final planbull Request for parking removals for bus stops will come from

public works department (Kie Cottam)

10

Questions

9

10

Page 17 of 81

492020

1 6

11

11

Page 18 of 81

CITY OF INDEPENDENCE OREGONMEMORANDUM

TO Honorable Mayor and City Council

FROM Tom Pessemier City Manager

SUBJECT New Establishment Liquor License Applicant

DATE April 9 2020

Action Requested X Information Only

Statement of Issue

The Tap Station LLC DBA The Tap Station located at 87 N Main St has made an application with the Oregon Liquor Control Commission for Additional Privilege This license would allow the licensee to sell wine malt beverages and ciders for Off-Premises Consumption This application is submitted as a result of the recent restrictions put into place for licensed establishments regarding COVID-19 The additional license would allow The Tap Station to selldeliver their products to the consumer for off-premises consumption I have spoken to the OLCC regarding this and they are currently seeing a large increase in these applications and as a result are granting 90-day temporary authority at application with a requirement for follow-up reviewrecommendation by the local authority prior to final decisions or issuance

Background

In 1992 our City adopted resolution 881 which establishes criteria for screening liquor license applications The police department was assigned the task to do initial reviews of each liquor license application The police department then completes a staff report on those findings for the City Council review

Analysis

I have conducted a background investigation for The Tap Station as well as Christopher Ream and did not locate any issues I believe would hinder his operation of this business Christopher has owned and operated The Tap Station since he took over its ownership in the middle of 2019 with no issues or calls for service related to alcohol at the establishment

Fiscal Impact

Page 19 of 81

As of this date I do not know if the fees for this application have been paid

Options

1 Council may recommend approval for this establishment pending the payment of all city fees

2 Council may recommend denying the license for this establishment if reasonable grounds can be established

3 Council may impose an option of its own choosing

Recommended Motion

Option 1 I move to recommend approval of the above liquor license request pending payment of all fees

Attachments

Liquor license application for Additional Privilege

Memo Prepared by

Sergeant Justin Hedlund 46248

Page 20 of 81

reg Read ImportantOregon law requires that every applicant for a liquorlicense obtain a written recommendationfrom the governing body of the county if the place of business of the applicant is outside theincorporated city or from the city councilif the place of business of the applicant is within anincorporated city You must take the attached a lication forms to the a ro riategoverning body After the endorsement process is completed a representative from the city orcounty willcontact you to pick up the application You may deliver the application to the OLCCoffice or retain it until it is requested by the license investigator

Oregon Liquor Control Commission200 Hawthorne Avenue SE Suite Bmdash210Salem OR 97301

Questions Call (503) 378-4871

Page 21 of 81

OREGON LIQUORCONTROLCOMMISSION

LIQUORLICENSEAPPLICATION1 Application Do not includeany OLCCfees with your application packet (the licensefee willbe collected at a latertime) Application is being madefor

LicenseApplied For CITYAND COUNTYUSEONLYBrewery 1st LocationBrewery 2nd LocationBrewery 3rd Location

BrewerymdashPublicHouse 1st LocationBrewery-Public House Znd LocationBrewerymdashFublicHouse 3rd LocationDistillery

Date application received andordate stamp

Name of City or County

FullOn~Premises CommercialFullOnmdashPremisesCatererFull OnmdashPremisesPassenger Carrier

FullOn~Premises Other Public LocationFullOnmdashPremisesFor Profit Private Club

Recommends this license be

III Granted D Denied

FullOnmdashPremisesNonprofit Private Club By

Grower Sales Privilege 1st Location

E Grower Sales Privilege 2nd Location Datelsquo

Grower Sales Privilege 3rd Location OLCCUSEONLYLimited On~Premises

Dateapplictiop receivedOffmdashP lsquo

XI remises

Off-Premises with Fuel PumpsK

V lsquo

Warehouse

ByWholesale Malt Beverage amp Wine

Winery 1st Location LicenseAction(s)Winery Znd Location

Winery 3rd Location

Winery 4th Location He _ Winery 5th Location I IIraquo

2 ldentifythe app|icant(s) applyingforthe license(s) ENTITY(example corporation or LLC)or IND|VlDUAL(S)applyingfor the license(s)

__ raquomdash F7)lee leeSTPiTOs3LLC EmsectQEoCgcEm

(Applicant1) (Applicant2)w JUN

mt I

(Applicant3) (Applicant4) REU_w_lsquo _ -KJI

3 Trade Name ofthe Business (Name Customers Will See)

rdquozTrsigtsectT1rsquorIOlsquovlsquo)4 Business Address (Number and Street Address of the Location that will have the liquor license)

euro7 3 H-IMFraquo STCity ZipCelNraquoDeuroPtNDtNltE rsquoigtoLg 733i

County

OLCCLiquor License Application (Rev 1110)

Page 22 of 81

TtEliigtsectTlTOM5 Trade Name of the Business (Name Customers WillSee)

6 Does the business address currently have an OLCCliquor license E YESlNo7 Does the business address currently have an OLCCmarijuana license EYESXJNO

VDTEOK318 MailingAddressPOBox Number Street Rural Route (where the OLCCwillsend your mail)

City

sectPxE

State

GELZip Code

973019 Phone Number of the Business Location

Btu3amp3 I 17w10 EmailContact for this Application

xxoLtCoIVi11 Contact Person for this Application

Otilsect ilElsquotM

VierctP one Number

OmrsquoSlWtCW3rsquoContact Persons Mailing Address (if different)

701eatevtao we seCity

Sltuim

State Zip Code

OR 0tlsquoIsect07__

Please note that liquor license applications are public records A copy of the application will be posted on the OLCC

website for a period of several weeks

I understand that marijuana (such as use consumption ingestion inhalation samples give-away sale etc) isprohibited on

the licensedpremises

I attest that allanswers on all forms documents and information provided to the OLCCare true and complete

Applicant Signatu rels)

- Each individual person listed as an applicant must sign the application

0 if an applicant is an entity such as a corporation or LLCat least one person who is authorized to sign for the entity

must sign theapplication- A person with the authority to sign on behalf of the applicant (such as the applicants attorney or a person with

power of attorney) may sign the application Ifa person other than an applicant signs the application please

wideroo fsignatureauthority

(A (Applicant2)

(App|icant3) (App|icant4)

otcc Liquor License Application (Rev 11201

Page 23 of 81

OREGON LIQUOR CONTROL COMMISSION

BUSINESS INFORMATION

Please Print or Type

Applicant Name ItET9 StPtT1gtsectgt Phone euroL FZFIVITrade Name (dba) THETAP 3 Tioixs

Business Location Address

City BEPEHDEMCF ZIP Code Ci73sectl

DAYSAND HOURS OF OPERATION

Business Hours Outdoor Area HoursSunday 7mdash- to E2314 Sunday

toMondairsquo __i T0_m MondayTU95daY A I0 E TuesdayWednesday i to WednesdayThursday 3 to

EIFriday __L to __jSaturday IS to I

The outdoor area is used for

KlsquoFood service

Aicohol service

Hours

to

area is adequately viewed andorused by Service Pennittees

(investigators Initials)

Seasonal Variations l31YesEl No if yes explain USEH-qkxig LQ1+JTiZHOOKZRuse Co-mgt-q HRS QceemdashClsquonpoundboeuroeuroeuroJiigtmecent HDUKB

ENTERTAINMENT Check anthat app|y DAYS amp HOURS OF LIVE OR DJ MUSIC

MLive Music E Karaoke

tE Recorded Music D CommdashoperatedGames sectrj3 tgDJ Music B Video Lottery Machines Tuesday to

Wednesday toD Dancing WSocial Gaming Thursday SIDSFriday g to D Nude Entertainers D Pool Tables Saturday 3 to I

D Other

SEATINGCOUNT

Restaurant Outdoor grCraquo OLCC USE ONLY

lsquobk Investigator Veried Seating__(Y) __(N)

Lounge _pound_ Other (explain)mvasgamllnmms

I

lsquo

Banquet Total Seating Date

I understand if my answei7euro)ote a complete the OLCC may deny my license application

Applicant SignatureU

-lsquo Date 3 Z3 lsquoT Z0101-800-452-OLCC (6522)

wwworegongovolcc yrsldquo 1207)Page 24 of 81

555 South Main Street Post Office Box 7 Independence OR 97351

Phone 503838-1212 Fax 503606-3282 email tpessemierciindependenceorus

TO Mayor and City Council FROM City Manager Tom Pessemier MEETING DATE April 14 2020 SUBJECT Approval of 5-year sales contract for

AXON services [ ] Information Only [ X ] Action Requested Statement of Issue A 5-year sales contract with AXON for body-worn cameras Tasers and digital cloud-based storage with software interface is submitted for council consideration Background In 2014 the City of Independence started using body worn cameras in the police department We started by testing different platforms selecting AXON as our preferred provider then negotiated a 5-year contract which was partially grant funded Our current contract expires this month and we have negotiated a new contract for Council consideration Discussion Included in the contract being considered today AXON provides body cameras and Tasers for our officers and CSOrsquos training and training aids and Taser devices for our patrol staff to wear while on patrol These devices are covered under a warranty for the life of the contract as well as a provision for camera replacement around the half-way point of the contract to the newest technology available Certification training for our instructor to be certified to train our staff and other training materials are also included The sales contract also includes software and cloud storage of video The AXON platform which we currently use allows us the ability to transfer video directly to the DArsquos office or others electronically rather than having to build DVDrsquos of video which has saved our records department a lot of time It also provides the ability for citizens to upload video directly to our AXON cloud as well as video redaction capabilities which allows us to comply with Oregon law

CITY OF INDEPENDENCE MEMORANDUM

Page 25 of 81

555 South Main Street Post Office Box 7 Independence OR 97351

Phone 503838-1212 Fax 503606-3282 email tpessemierciindependenceorus

Fiscal Impact The total 5-year contract cost is $131786 broken into annual payments of $26357 Funds are available for this fiscal year in the police department operating budget Funds would be included in the police department budget request for contract years 2-5 Options

1 Approve the contract as proposed 2 Approve the contract with amendments 3 Take no action

RecommendationSuggested Motion Staff recommends Option 1

ldquoI move to authorize the City Manager to sign a service contract for body worn cameras tasers and cloud storage with AXONrdquo Attachments

A Proposed AXON contract

Memo prepared by Robert Mason Police Chief

Page 26 of 81

Payment Terms Net 30

Delivery Method Fedex - Ground

Q-251225-43927723KP

Year 1

Item DescriptionTerm

(Months)Quantity

List Unit

Price Net Unit Price Total (USD)

Axon Plans amp Packages

20248 TASER 7 EVIDENCECOM ACCESS LICENSE 60 1 000 000 000

73687 EVIDENCECOM VIEWER LICENSE 60 1 000 000 000

73746 PROFESSIONAL EVIDENCECOM LICENSE 60 11 000 000 000

73686EVIDENCECOM UNLIMITED AXON DEVICE

STORAGE60 11 000 000 000

73683 10 GB EVIDENCECOM A-LA-CART STORAGE 60 110 000 000 000

73449 AWARE LICENSE 60 11 000 000 000

20248 TASER 7 EVIDENCECOM ACCESS LICENSE 60 11 000 000 000

20246TASER 7 DUTY CARTRIDGE REPLACEMENT

ACCESS LICENSE60 11 000 000 000

73683 10 GB EVIDENCECOM A-LA-CART STORAGE 60 10 000 000 000

73840 EVIDENCECOM BASIC ACCESS LICENSE 60 10 000 000 000

Hardware

20160TASER 7 HOLSTER - SAFARILAND RH+CART

CARRIER11 000 000 000

75015 SIGNAL SIDEARM KIT 11 000 000 000

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

Issued 04062020

Quote Expiration 05152020

Account Number 110011 Axon Enterprise Inc17800 N 85th St

Scottsdale Arizona 85255

United States

Phone (800) 978-2737

Protect Life

PRIMARY CONTACT

Justin Hedlund

Phone (503) 837-1109

Email hedlundjustinciindependenceorus

BILL TO

Independence Police Dept - OR

P O Box 7

Independence OR 97351

US

SHIP TO

Justin Hedlund

Independence Police Dept - OR

555 S Main Street

Independence OR 97351

US

SALES REPRESENTATIVE

Kyle Panasewicz

Phone (480) 905-2071

Email kylepaxoncom

Fax (480) 658-0673

Q-251225-43927723KP

1

Page 27 of 81

Year 1 (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware (Continued)

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

20014TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE STANDOFF (322 000 000 000

20015TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE CLOSE QUART22 000 000 000

20008TASER 7 HANDLE HIGH VISIBILITY (GREEN

LASER) CLASS 3R11 000 000 000

20040 TASER 7 HANDLE WARRANTY 4-YEAR 11 000 000 000

20018 TASER 7 BATTERY PACK TACTICAL 13 000 000 000

20041TASER 7 BATTERY PACK WARRANTY 4-

YEAR13 000 000 000

20042TASER 7 DOCK amp CORE WARRANTY 4-

YEAR1 000 000 000

70033WALL MOUNT BRACKET ASSY

EVIDENCECOM DOCK1 000 000 000

74200 TASER 7 6-BAY DOCK AND CORE 1 000 000 000

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)33 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)33 000 000 000

20016TASER 7 INERT CARTRIDGE STANDOFF

(35-DEGREE)1 000 000 000

20017TASER 7 INERT CARTRIDGE CLOSE

QUARTERS (12-DEGREE)1 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

73202 AXON BODY 3 - NA10 5 69900 63260 316300

74028 WING CLIP MOUNT AXON RAPIDLOCK 5 000 000 000

11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 5 000 000 000

Other

73810 OFFICER SAFETY PLAN 7 60 11 000 000 000

Not Eligible

TASER 7

INSTRUCTO

R COURSE

VOUCHER

Not Eligible TASER 7 INSTRUCTOR COURSE

VOUCHER1 000 000 000

Protect LifeQ-251225-43927723KP

2

Page 28 of 81

Year 1 (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Other (Continued)

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 132442 1456862

Not Eligible

TASER 7

MASTER

INSTRUCTO

R SCHOOL

VOUC

Not Eligible TASER 7 MASTER INSTRUCTOR

SCHOOL VOUCHER1 000 000 000

Not Eligible

Target and

Frame

Not Eligible Target and Frame 11 000 000 000

Not Eligible

Halt SuitNot Eligible Halt Suit 1 000 000 000

20135OCULUS GO STANDALONE VIRTUAL

REALITY HEADSET1 000 000 000

20247TASER 7 ONLINE TRAINING CONTENT

ACCESS LICENSE60 11 000 000 000

20249VR EMPATHY DEVELOPMENT AUTISM

SCHIZOPHRENIA ACCESS LICENSE60 11 000 000 000

73827 AB3 CAMERA TAP WARRANTY 60 5 000 000 000

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2118510

Estimated

Shipping000

Estimated Tax 000

Total 2118510

Year 1 - TAP Refresh

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

74210 AXON BODY 3 - 8 BAY DOCK 2 000 000 000

73202 AXON BODY 3 - NA10 11 000 000 000

74028 WING CLIP MOUNT AXON RAPIDLOCK 16 000 000 000

11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 11 000 000 000

73202 AXON BODY 3 - NA10 1 69900 000 000

74028 WING CLIP MOUNT AXON RAPIDLOCK 1 000 000 000

11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 1 000 000 000

Protect LifeQ-251225-43927723KP

3

Page 29 of 81

Year 1 - TAP Refresh (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Other

73828 AB3 8 BAY DOCK TAP WARRANTY 60 2 000 000 000

73827 AB3 CAMERA TAP WARRANTY 60 11 000 000 000

71019NORTH AMER POWER CORD FOR AB3 8-

BAY AB2 1-BAY 6-BAY DOCK2 000 000 000

73827 AB3 CAMERA TAP WARRANTY 60 1 000 000 000

Subtotal 000

Estimated Tax 000

Total 000

Year 1 - T7 Certification

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Axon Plans amp Packages

20248 TASER 7 EVIDENCECOM ACCESS LICENSE 60 6 000 000 000

20246TASER 7 DUTY CARTRIDGE REPLACEMENT

ACCESS LICENSE60 6 000 000 000

Hardware

20160TASER 7 HOLSTER - SAFARILAND

RH+CART CARRIER6 000 000 000

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

20014TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE STANDOFF (312 000 000 000

20015TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE CLOSE QUART12 000 000 000

20008TASER 7 HANDLE HIGH VISIBILITY (GREEN

LASER) CLASS 3R6 000 000 000

20040 TASER 7 HANDLE WARRANTY 4-YEAR 6 000 000 000

20018 TASER 7 BATTERY PACK TACTICAL 6 000 000 000

20041TASER 7 BATTERY PACK WARRANTY 4-

YEAR6 000 000 000

20016TASER 7 INERT CARTRIDGE STANDOFF

(35-DEGREE)1 000 000 000

20017TASER 7 INERT CARTRIDGE CLOSE

QUARTERS (12-DEGREE)1 000 000 000

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)18 000 000 000

Protect LifeQ-251225-43927723KP

4

Page 30 of 81

Year 1 - T7 Certification (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware (Continued)

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)18 000 000 000

20050 HOOK-AND-LOOP TRAINING (HALT) SUIT 1 75000 67875 67875

Other

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

Not Eligible

TASER 7

INSTRUCTO

R COURSE

VOUCHER

Not Eligible TASER 7 INSTRUCTOR COURSE

VOUCHER1 000 000 000

Not Eligible

Taser 7

Evidenceco

m Admin

License

Not Eligible Taser 7 Evidencecom Admin

License1 000 000 000

Not Eligible

TASER 7

MASTER

INSTRUCTO

R SCHOOL

VOUC

Not Eligible TASER 7 MASTER INSTRUCTOR

SCHOOL VOUCHER1 000 000 000

Not Eligible

Target and

Frame

Not Eligible Target and Frame 6 000 000 000

Not Eligible

Halt SuitNot Eligible Halt Suit 1 000 000 000

Not Eligible

for VR

Headset

Not Eligible for VR Headset 1 000 000 000

20247TASER 7 ONLINE TRAINING CONTENT

ACCESS LICENSE60 6 000 000 000

20249VR EMPATHY DEVELOPMENT AUTISM

SCHIZOPHRENIA ACCESS LICENSE60 6 000 000 000

80087TASER 7 TARGET CONDUCTIVE

PROFESSIONAL (RUGGEDIZED)1 15000 13575 13575

Protect LifeQ-251225-43927723KP

5

Page 31 of 81

Year 1 - T7 Certification (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Other (Continued)

20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 49500 44798 44798

Subtotal 517208

Estimated Tax 000

Total 517208

Year 1 - Trade In

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Other

20104 TASER 7 TRADE-IN UPFRONT PURCHASE 17 000 000 000

Subtotal 000

Estimated Tax 000

Total 000

Year 2

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

Other

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 172674 1899414

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2635722

Estimated Tax 000

Total 2635722

Protect LifeQ-251225-43927723KP

6

Page 32 of 81

Year 3

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

20014TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE STANDOFF (322 000 000 000

20015TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE CLOSE QUART22 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

20014TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE STANDOFF (312 000 000 000

20015TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE CLOSE QUART12 000 000 000

Other

73309 AXON BODY CAMERA REFRESH ONE 11 000 000 000

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 172674 1899414

73689 MULTI-BAY BWC DOCK MID REFRESH 2 000 000 000

73309 AXON BODY CAMERA REFRESH ONE 1 000 000 000

73309 AXON BODY CAMERA REFRESH ONE 5 000 000 000

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2635722

Estimated Tax 000

Total 2635722

Protect LifeQ-251225-43927723KP

7

Page 33 of 81

Year 4

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

Other

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 172674 1899414

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2635722

Estimated Tax 000

Total 2635722

Year 5

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

Protect LifeQ-251225-43927723KP

8

Page 34 of 81

Year 5 (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware (Continued)

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

Other

73310 AXON BODY CAMERA REFRESH TWO 11 000 000 000

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 172674 1899414

73688 MULTI-BAY BWC DOCK FINAL REFRESH 2 000 000 000

73310 AXON BODY CAMERA REFRESH TWO 1 000 000 000

73310 AXON BODY CAMERA REFRESH TWO 5 000 000 000

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2635722

Estimated Tax 000

Total 2635722

Grand Total 13178606

Protect LifeQ-251225-43927723KP

9

Page 35 of 81

Summary of Payments

Payment Amount (USD)

Year 1 2118510

Year 1 - TAP Refresh 000

Year 1 - T7 Certification 517208

Year 1 - Trade In 000

Year 2 2635722

Year 3 2635722

Year 4 2635722

Year 5 2635722

Grand Total 13178606

Discounts (USD)Quote Expiration 05152020

List Amount 15120900

Discounts 1942294

Total 13178606

Total excludes applicable taxes

Protect LifeQ-251225-43927723KP

10

Page 36 of 81

Notes

The parties agree that Axon is granting a credit of $306000 (applied to Year 1 Payment) for trade-in of CEW hardware This credit is based on a ship date range of 512020-

5152020 resulting in a 612020 contract start date Any change in this ship date and resulting contract start date will result in modification of this credit value which may

result in additional fees due to or from Axon

Axon BWC hardware contained in this quote is at zero cost as a TAP refresh of contracts 00004618 and 00010394 The parties agree that all TAP obligations of contracts

00004618 and 00010394 have been fulfilled

Purchase of TASER 7 are governed by the TASER 7 Agreement located at httpswwwaxoncomlegalsales-terms-and-conditions and not the Master Services and

Purchasing Agreement referenced below

Tax is subject to change at order processing with valid exemption

Axonrsquos Sales Terms and Conditions

This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axonrsquos Master Services and Purchasing Agreement

(posted at wwwaxoncomlegalsales-terms-and-conditions) as well as the attached Statement of Work (SOW) for Axon Fleet andor Axon Interview

Room purchase if applicable Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions By

signing below you represent that you are lawfully able to enter into contracts If you are signing on behalf of an entity (including but not limited to the

company municipality or government agency for whom you work) you represent to Axon that you have legal authority to bind that entity If you do not

have this authority please do not sign this Quote

Signature CustSIG Date CustDate

Name (Print) CustName Title CustTitle

PO (Or write

NA) CustPo

Please sign and email to Kyle Panasewicz at kylepaxoncom or fax to (480) 658-0673

Thank you for being a valued Axon customer For your convenience on your next order please check out our online store buyaxoncom

The trademarks referenced above are the property of their respective owners

Protect LifeQ-251225-43927723KP

11

Axon Internal Use Only

Review 1 Review 2

SFDC Contract

Order Type

RMA

Address Used

SO

Comments

Page 37 of 81

Page 38 of 81

555 South Main Street Post Office Box 7 Independence OR 97351Phone 503838-1212 Fax 503606-3282 email kjohnsonciindependenceorus

TO Mayor and City CouncilFROM Shawn Irvine Economic Dev Dir

MEETING DATE April 14 2020SUBJECT Resolution Rural Business

Development Grant Application

[ ] Information Only [ X ] Action Requested

Statement of Issue Staff is requesting Council approve a resolution supporting a grant application to fund the development of a shared-use commercial kitchen facility downtown

BackgroundFor several years the City has worked with local and regional partners to support entrepreneurship and the growth of small businesses These classes and programs have supported a number of successful businesses including several located downtown The past two years the City has partnered with IndyCommons ndash the downtown co-working space ndash to run a series of meetups and classes intended to identify potential business clusters within the communityrsquos entrepreneurs Food-based businesses were the top cluster identified

The mid-Willamette Valley is the largest and most diverse agricultural production region in the state with over 170 different crops being grown It also has a concentration of large and small value-added food products companies that leverage the diverse agricultural products for their businesses The USDArsquos Rural Business Development Grant program supports proposals that offer assistance and training for small businesses in rural communities

DiscussionOver the last decade development of a shared-use commercial kitchen has come up several times in the Cityrsquos regional economic development work These facilities allow licensed users to rent the space on an hourly basis for trying new recipes developing new products and small-scale production The ability to rent a licensed facility enables entrepreneurs to test their ideas and products prior to making the significant investment into building their own commercial kitchen While there has been strong and consistent interest in such a facility from entrepreneurs it is a complex enough project that nobody was willing to be the organizer and operator

IndyCommons opened four years ago successfully bringing the shared space co-working model to downtown Independence Last year the company spun off a new non-profit IndyIdeaHub to support entrepreneurship programming and development in the community and region With the success of the co-working space and the new non-profit IndyCommons is ready to tackle a shared-use commercial kitchen They have leased the neighboring space in their building and plan to operate a shared kitchen and event space with ldquomicro retailrdquo in the storefront Micro retail rents shelf space to entrepreneurs instead of an entire store reducing the startup cost for a new product company and enabling them to test the market for new products without the cost of renting an entire store The kitchen event space and micro retail

CITY OF INDEPENDENCEMEMORANDUM

Page 39 of 81

555 South Main Street Post Office Box 7 Independence OR 97351Phone 503838-1212 Fax 503606-3282 email kjohnsonciindependenceorus

space would work in concert creating a kind of food incubator while also drawing people downtown for pop up dinners and other events

IndyCommons is leasing the space and the Cityrsquos grant application would support the non-profitrsquos work to outfit and operate the kitchen while offering business development programs The grant will request approximately $90000 matched with funds from IndyCommons and a $60000 Rural Opportunity Initiative grant the City received through Business Oregon which supports programming for food-based entrepreneurship

While the City is requesting the grant and supporting development of this kitchen facility its users will not be limited just to Independence residents As with IndyCommons anyone willing to travel to the facility and pay the rental fee will be able to use it Programs and classes will also be open to anyone from the region

Fiscal Impact Staff time will be spent writing the grant and if awarded coordinating the project No City funds will be used as match for this project

Options1 Approve the resolution as submitted2 Approve the resolution with amendments3 Take no action

RecommendationSuggested MotionStaff recommends Option 1

Suggested motion ldquoI move to approve Resolution 20-1526 Authorizing the City to Apply for a Rural Business Development Grantrdquo

AttachmentsA Resolution 20-1526

Page 40 of 81

Page 1 of 2 Resolution 20-1526 Authorizes USDA Grant Application

BEFORE THE CITY COUNCIL OF THE CITY OF INDEPENDENCE

COUNTY OF POLK STATE OF OREGON

IN THE MATTER OF AUTHORIZING THE CITY ]OF INDEPENDENCE TO APPLY FOR A RURAL ]BUSINESS DEVELOPMENT GRANT FROM THE ]UNITED STATES DEPARTMENT OF AGRICULTURE ]FOR DEVELOPMENT OF A SHARED-USE ]COMMERCIAL KITCHEN FACILITY AND ]DELEGATING AUTHORITY TO THE CITY ]MANAGER TO SIGN THE APPLICATION ]

RESOLUTION 20-1526

A RESOLUTION AUTHORIZING APPLICATION FOR USDA GRANT

WHEREAS the USDA is accepting applications for its Rural Business Development Program and

WHEREAS the City of Independence has the capacity to administer the grant and desires to participate in this grant program to the greatest extent possible as a means of providing needed business development and entrepreneurship programming and

WHEREAS Staff have identified development of food-based businesses as a successful regional business cluster which could be expanded within the City of Independence and

WHEREAS local and regional economic development plans have identified a shared-use commercial kitchen as an important asset to reduce barriers to entry for food-based startup businesses and

WHEREAS the City of Independence has an existing partnership with IndyCommons to support entrepreneurship and business development within the community and

WHEREAS the City of Independence has available matching funds from the State of Oregonrsquos Rural Opportunity Initiative which will fund food-based business programming and services at the new kitchen facility and

Page 41 of 81

Page 2 of 2 Resolution 20-1526 Authorizes USDA Grant Application

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF INDEPENDENCE AS FOLLOWS

Section 1 The City Council demonstrates its support for the submittal of a grant application to the United States Department of Agriculture for development of a shared-use commercial kitchen and delegates authority to sign grant documents to City Manager Tom Pessemier

Section 2 This Resolution shall be effective following its adoption by the City Council

Passed by the City Council this 14th of April 2020

Effective Date April 14 2020Signed by the Mayor April 14 2020

__________________________John McArdle Mayor

ATTEST

_______________________Karin Johnson MMCCity Recorder

Page 42 of 81

555 South Main Street Post Office Box 7 Independence OR 97351Phone 503838-1212 Fax 503606-3282 email tpessemierciindependenceorus

TO Mayor and City CouncilFROM City Manager Tom Pessemier

MEETING DATE April 14 2020SUBJECT Approval of IGA Mid-Willamette Valley

Homeless Alliance Continuum of Care

[ ] Information Only [ X ] Action Requested

Statement of IssueAn Inter-Governmental Agreement concerning the Mid-Willamette Valley Homeless Alliance is submitted for council consideration

BackgroundIn 2019 the City of Independence along with the cities of Monmouth Keizer Salem the Salem-Keizer School District Polk and Marion counties and the Confederated Tribes of Grand Ronde and with the Mid-Willamette Valley Council of Governments (COG) formally organized the Mid-Willamette Valley Homeless Alliance (MWVHA) which serves as our regionrsquos Continuum of Care (CoC) The CoC is committed to the goal of preventing and ending homelessness within Polk and Marion counties The CoC was recognized by the US Housing and Urban Development Department (HUD) on 12-11-19 and to that end a formal Governance Charter was approved by the MWVHA Board of Directors on 2-13-20

The MWVHA Board of Directors is a collaboration of the members and the COG has provided administrative support for the member governments The MWVHA is not a legal entity and HUD regulations require a legal entity to serve as the Collaborative Applicant for a Continuum of Care therefore an ORS 190 entity (Inter-Governmental Agreement or IGA) is proposed to be formed to allow the member governments to contract with the COG to provide services and for the COG to be reimbursed

DiscussionTime is of the essence this IGA establishes the terms and conditions under which the member governments will coordinate to support the MWVHA through contracting with the COG to serve as the Collaborative Applicant This IGA is a short-term solution until a new entity is designated and would expire on August 13 2020

Fiscal ImpactNo additional fiscal impact Funds have been reservedbudgeted for this project

Options1 Approve the IGA as proposed2 Approve the IGA with amendments3 Take no action

RecommendationSuggested Motion

CITY OF INDEPENDENCEMEMORANDUM

Page 43 of 81

555 South Main Street Post Office Box 7 Independence OR 97351Phone 503838-1212 Fax 503606-3282 email tpessemierciindependenceorus

Staff recommends Option 1

ldquoI move to approve the cityrsquos participation in the ORS 190 concerning the Mid-Willamette Valley Homeless Alliance and to authorize the City Manager to sign the related documentsrdquo

AttachmentsA Interim IGAB COG Scope of WorkC MWHA Governance Charter

Memo prepared by Karin Johnson City Recorder

Page 44 of 81

1 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

1 PARTIES TO AGREEMENT

This Agreement by and between the Confederated Tribes of the Grand Ronde (ldquoGrand Ronderdquo) Marion County (ldquoMarionrdquo) Polk County (ldquoPolkrdquo) and the Cities of Independence (ldquoIndependencerdquo) Keizer (ldquoKeizerrdquo) Monmouth (ldquoMonmouthrdquo) Salem (ldquoSalemrdquo) the Salem-Keizer School District (ldquoSalem-Keizerrdquo) collectively the ldquoMember Governmentsrdquo and the Mid-Willamette Valley Council of Governments (ldquoCOGrdquo) is made pursuant to ORS 190010

2 AUTHORITY This Agreement is established under the authority of Oregon Revised Statutes (ORS) Chapter 190

3 BACKGROUNDa The Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo) was formed on

September 24 2019 and recognized by the US Housing and Urban Development Department (ldquoHUDrdquo) on December 11 2019 for the Polk County and Marion County region to carry out the purposes of the HUD Continuum of Care program described in 24 CFR Part 578

b The Alliance Charter was approved by the Alliance Board of Directors on February 13 2020 (Attachment 1)

c The Alliance is a collaboration of the Member Governments non-profit service organizations and community members and is not a legal entity

d The Member Governments have made financial contributions for the 2019-2020 Fiscal Year which are being managed by COG

e The Member Governments have agreed to make financial contributions to support the Alliance for the 2020-2021 Fiscal Year subject to budgetary approval as approved by the Alliance Board of Directors (Attachment 2)

f HUD regulations require a legal entity to serve as the Collaborative Applicant for a Continuum of Care such as the Alliance

g The COG has been providing administrative support and other resources for the Alliance including contract management for independent contractors engaged by COG at the request of the Alliance During this time the Member Governments have directly paid their contribution amounts to COG to manage those funds for the Alliance

h The COG has agreed on an interim basis to continue to provide administrative support and other resources in addition to serving as the Collaborative Applicant for

Page 45 of 81

2 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

the Alliance until an ORS 190 entity has been formed and designated by the Alliance Board of Directors to serve as the Collaborative Applicant

i The Alliance Board of Directors approved the execution of this Agreement for a term to expire on August 13 2020 to allow the Member Governments to contract with the COG to provide Collaborative Applicant services and reimburse COG for services

4 PURPOSE

The purpose of this Agreement is to establish the terms and conditions under which the Member Governments will coordinate to support the Alliance through contracting with COG to serve as the Collaborative Applicant for the Alliance pursuant to 24 CFR Part 578 The parties understand and agree that this Agreement serves as an interim solution to allow COG to serve as the Collaborative Applicant and be reimbursed for its costs until a new entity is designated

5 TERM AND TERMINATION

51 This Agreement shall be effective from the date upon which the last signature is affixed hereto and shall expire on August 13 2020 unless otherwise earlier terminated or extended

52 This Agreement may be terminated by mutual consent of all parties hereto Any such termination of this Agreement shall be without prejudice to any obligations or liabilities of any party already accrued prior to such termination

6 FUNDING AND BILLING

61 The Member Governmentsrsquo fiscal year 2020-2021 contributions as set forth in Attachment 2 shall be made to COG subject to the individual Member Governmentrsquos budgetary approval Nothing in this Agreement binds any Government Member to any specific financial contribution after the 2020-2021 fiscal year

62 COG shall be reimbursed for its expenses already incurred in support of the Alliance from January 1 2020 to the effective date of this Agreement COGrsquos expenses prior to July 1 2020 shall be reimbursed from the Member Governmentsrsquo Fiscal Year 2019-2020 contributions and COGrsquos expenses for the period of July 1 2020 to the termination of this Agreement shall be from the Member Governmentsrsquo Fiscal Year 2020-2021 contributions COG shall submit an invoice to the Alliance Board for its approval for COGrsquos Fiscal Year 2019-2020 expenses no later than August 30 2020 and shall submit an invoice to the Alliance Board for its approval for COGrsquos Fiscal Year 2020-2021 expenses no later than September 30 2020

63 COGrsquos expenses under this Agreement shall not exceed the total amount of funds contributed by the Member Governments and any contributions from other members of the Alliance donations or grants provided to COG for the benefit of the Alliance subject to the rates for specific services as set forth in the Scope of Work As set forth in the Scope of

Page 46 of 81

3 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

Work COG shall provide timely financial reports to the Alliance and shall ensure that expenses do no exceed available resources approved by the Member Governments through the Alliance Board

7 OBLIGATIONS UNDER THE TERMS OF THIS AGREEMENT

71 MEMBER GOVERNMENTS agree to

a Make timely payment to COGb Maintain good standing as a member of the Alliancec Collaborate in good faith with other Member Governments to create a new ORS 190

entity to serve as the Collaborative Applicant for the Alliance

72 COG agrees to

Serve as the Collaborative Applicant for the Alliance and perform other duties as established in the Scope of Work (Attachment 3)

8 DESIGNATION OF SUCCESSOR COLLABORATIVE APPLICANT

The Member Governments understand and agree that the Alliance is required to have a Collaborative Applicant as that term is defined in 24 CFR Part 57815 which must be a legal entity The Alliance Board has indicated a desire that the Member Governments form an intergovernmental entity to serve that purpose Time is of the essence to designate a successor Collaborative Applicant and the Member Governments agree to work cooperatively and in a timely manner to agree on the new Collaborative Applicant The Member Governments also agree they will create a new intergovernmental entity to serve in that role

9 COMPLIANCE WITH APPLICABLE LAWS

The parties agree that both shall comply with all applicable federal state and local laws and ordinances applicable to the parties and the work to be done under this Agreement The parties agree that this Agreement shall be administered and construed under the laws of the state of Oregon Nothing in this Agreement shall be considered a waiver of tribal sovereign immunity

10 NONDISCRIMINATION

The parties agree to comply with all applicable requirements of federal state and local civil rights statutes rules and regulations in the performance of this Agreement

11 HOLD HARMLESSThe parties agree to indemnify and hold harmless each other for from and against all claims costs expenses (including attorney fees) losses damages fines charges actions or other liabilities solely to the extent arising from their own intentional or negligent acts or those of their agents contractors or employees and to the extent applicable the above indemnification is

Page 47 of 81

4 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

subject to and shall not exceed the limits of the Oregon Tort Claims Act (ORS 30260 through 30300) and the Oregon Constitution The parties intend to provide reciprocal indemnity obligations The parties acknowledge that the Oregon Tort Claims Act does not limit the liability of Grand Ronde in the same manner as the other parties Accordingly the parties agree Grand Rondersquos indemnity shall not exceed the indemnification limits of any other party

12 INSURANCE

Each party shall insure or self-insure and be independently responsible for the risk of its own liability for claims within the scope of the Oregon tort claims act (ORS 30260 to 30300) The parties intend to provide reciprocal liability insurance obligations The parties acknowledge that the Oregon Tort Claims Act does not apply to Grand Ronde in the same manner as other parties Accordingly the parties agree that Grand Ronde shall self-insure in an amount consistent with the liability for claims of any other party

13 MERGER CLAUSEParties concur and agree that this Agreement constitutes the entire agreement between the parties No waiver consent modification or change to the terms of this agreement shall bind either party unless in writing and signed by both parties There are no understandings agreements or representations oral or written not specified herein regarding this agreement Parties by the signatures below of their authorized representatives hereby agree to be bound by its term and conditions

Page 48 of 81

5 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

THE CONFEDERATED TRIBES OF THE GRAND RONDE COMMUNITY OF OREGON

__________________________________ ________________________ Cheryle A Kennedy DateTribal Council Chairwoman

Page 49 of 81

6 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

CITY OF INDEPENDENCE

__________________________________ _____________________Tom Pessemier DateCity Manager

Page 50 of 81

7 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

CITY OF KEIZER

__________________________________ ________________________Christopher Eppley DateCity Manager

Approved as to form

________________________________________Keizer City Attorney

Page 51 of 81

8 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

CITY OF MONMOUTH

__________________________________ _____________________Chad Olsen DateInterim City Manager

Page 52 of 81

9 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

MARION COUNTY BOARD OF COMMISSIONERS

__________________________________Chair

__________________________________Commissioner

__________________________________Commissioner

Date _____________________

Page 53 of 81

10 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

POLK COUNTY BOARD OF COMMISSIONERS

__________________________________Commissioner

__________________________________Commissioner

__________________________________Commissioner

Date _____________________

Page 54 of 81

11 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

SALEM-KEIZER PUBLIC SCHOOLS

_____________________________________ _____________________Marty Heyen Chairperson Board of Directors DateSalem-Keizer Public Schools

Page 55 of 81

12 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

CITY OF SALEM

__________________________________ _____________________Steve Powers DateCity Manager

Page 56 of 81

13 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

__________________________________ _______________________Renata Wakeley DateActing Executive Director

Page 57 of 81

Page 58 of 81

1

MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

SCOPE OF WORK FOR THE MID-WILLAMETTE VALLEY HOMELESS ALLIANCE COG shall undertake the following items in performance of this Agreement

1 Finance a Manage and process accounts payable and accounts receivable b Maintain records of project expenditures and revenues in COG financial

management system c Maintain copies of personal services contracts and other contracts for goods and

services under this Agreement d Provide monthly financial report to the Alliance Board e Provide support to and project financial statements in annual audit f Incorporate project expenditures and revenues into COG budget forecast prepare

budget documents for Alliance Board approval g Provide documentation of internal controls and other financial policies and

procedures to HUD upon request h Manage HUD planning grant when awarded Assure planning grant expenditures

made by the project are allowable per HUD regulations i Prepare any required financial reports associated with the planning grant j Accept and record Alliance member contributions and k Invoice members for annual project contributions and track contribution receipts

2 Administrative Support

a Attend Alliance Board meetings and executive committee meetings prepare draft minutes and maintain meeting records

b Assist the Alliance in scheduling meetings and other meeting-related tasks including merging documents for the meeting packet

c Schedule meeting space when available facilitate meeting logistics and preparation including setting up meeting space copying documents making name cards setting up laptop and PowerPoint equipment connecting participants through conference phone

d Maintain email lists in conjunction with the Alliance e Notice meetings per Public Meetings Law requirements f Assist the Alliance in preparing and disseminating a quarterly Alliance newsletter

COG is not responsible for creating or obtaining content for the newsletter and g Maintain Homeless Initiative web page on the COG website and provide up to six

(6) hours a month of IT support for the newly acquired and licensed Homeless Initiative web page

3 Executive Director Support

a Negotiate and approve goods and personal service contracts and contract amendments upon request of the Alliance

b Approve payments for monthly invoices c Provide executive level advice and support in working with the COG board of

directors and COG members d Authorize legal services upon request of the Alliance

Page 59 of 81

2

e Authorize IT services upon request of the Alliance f Attend MWVHA board meetings as needed and g Serve as the Collaborative Applicant for the 2020 NOFA process sign required

application documents

4 IT Support a Support development and maintenance of the Alliance website and b Other projects upon request of the Alliance and approval of Executive Director

5 Legal Services upon request of the Alliance and approval of Executive Director

6 Rates for services provided by COG are set forth COGrsquos fee schedule attached hereto as

Exhibit 1 (COG Board of Directors Resolution 2019-06) COG modifies its fee schedule annually on or about on July 1 of each year COG may modify the fees under this Agreement by not more than 15 for any individual fee upon adoption of a fee schedule for the 20-21 fiscal year and providing the Member Governments 10-daysrsquo notice of the modified fees The rates for services set forth herein apply to this Agreement and COG reserves the right to propose different rates in any future agreement pursuant to COGrsquos adopted fee schedule

Page 60 of 81

Page 61 of 81

Page 62 of 81

Page 63 of 81

Page 64 of 81

1

MID-WILLAMETTE VALLEY HOMELESS ALLIANCE GOVERNANCE CHARTER

FINAL ndash Approved by the CoC Development Council on 10-24-19 ratified by the Mid-Willamette Valley Homeless Alliance Board of Directors on 2-13-20

ARTICLE I CONTINUUM OF CARE NAME AND PURPOSE

A NAME OF THE CONTINUUM OF CARE (COC) The name of this organization is the Mid-Willamette Valley Homeless Alliance which serves as the regionrsquos Continuum of Care herein referred to as ldquothe CoCrdquo

B CONTINUUM OF CARE (COC) OVERVIEW 1 GEOGRAPHIC BOUNDARIES The CoC represents the geographic region within the boundaries of Marion

and Polk counties 2 PURPOSE The CoC is organized to carry out the purposes of the US Housing and Urban Development

(HUD) Continuum of Care program as described in 24 CFR Part 578 The CoC promotes communitywide commitment to the goal of preventing and ending homelessness provides funding for efforts by nonprofit providers and state tribal and local governments to quickly rehouse homeless individuals including unaccompanied youth and families while minimizing the trauma and dislocation caused to homeless individuals families and communities by homelessness promotes access to and effective utilization of mainstream housing and homeless services programs by homeless individuals and optimizes self-sufficiency among individuals and families experiencing homelessness Its work includes gathering and analyzing data to determine local needs of and resources available to people experiencing homelessness developing and prioritizing a menu of strategic responses collaboratively implementing a strategic plan promoting service coordination educating the public on homeless issues providing advice and input on homeless services operations leveraging resources for maximum impact and measuring and promoting strong program performance Through collaborative efforts of local and tribal governments school districts nonprofit organizations and other participating stakeholders the CoC seeks to develop an evidence-based system of services including stable housing designed to meet the unique and complex needs of adults youth children and families in Marion and Polk counties who are at risk of or are experiencing homelessness ICLE 3 ndash GEOGRAPHIC RE

ARTICLE II CONTINUUM OF CARE GOVERNANCE STRUCTURE

A BOARD OF DIRECTORS 1 NAME The name of the CoC governing board is the Mid-Willamette Valley Homeless Alliance Board of

Directors herein referred to as the ldquoCoC Boardrdquo or the ldquoBoardrdquo The CoC has established a governing board as required by 24 CFR part 5787(a)(3) The Board is responsible for the overall policy and direction of the CoC and may delegate responsibility for day-to-day operations to staff and committees

2 VOTING MEMBERSHIP The Board will consist of at least thirteen (13) voting members that have no

conflicts of interest as defined in Article III of this charter and 24 CFR part 57895 Board members will

Page 65 of 81

2

serve without compensation Board membership includes representation from the following organizations or subpopulations

a One representative from each of the following organizations

i Union Gospel Mission a faith-based organization ii The Confederated Tribes of Grand Ronde iii Local governments

(a) City of Independence (b) City of Keizer (c) City of Monmouth (d) Polk County

iv Salem-Keizer School District (24J) v Salem Health vi Homeless or formerly homeless individuals appointed by the Law Enforcement Assisted Diversion

Program and vii United Way of the Mid-Willamette Valley a nonprofit organization

b Two representatives from the City of Salem and Marion County In the alternative pursuant to

Section 11 of Article 2 Marion County and the City of Salem may appoint one representative who may exercise two votes

3 EX-OFFICIO BOARD MEMBERS In addition seven (7) ex-officio participants may serve as non-voting ex-

officio board members participating in discussions and representing such groups as a Marion County Salem and West Valley Housing Authorities b Mid-Willamette Valley Community Action Agency c Polk County Veteran Services and d Co-chairs of the CoC Collaborative Committee

4 BOARD SELECTION PROCESS

a The initial CoC Board of Directors will be nominated by the Development Council established by a 2019 Memorandum of Agreement in consultation with the stakeholders workgroup

b Each organization nominated for representation on the CoC Board will identify persons to serve who hold elected or senior staff roles in decision-making for that organization

c Members serve at the pleasure of the CoC Board d Any directors representing organizations newly added to the Board by amendment to this charter

will be nominated and confirmed by vote of the CoC board e Pursuant to 24 CFR part 5787(a)(3) the CoC Board will submit this written selection process to the

CoC Collaborative Committee described in Section D of this article and Board of Directors for review update and approval at least once every five (5) years

5 BOARD FINANCIAL CONTRIBUTIONS Each organization represented as a voting member on the CoC

board will contribute funds to supplement CoC operations contingent on the organizationrsquos budgetary

authority Contributions will be reviewed and approved annually by the CoC board

6 BOARD ALTERNATES Board members may designate an Alternate for a single meeting who can attend in the board memberrsquos place if the member must miss a meeting The Alternate must represent the same organization or subpopulation as the absent Board member Prior to the board meeting the absent Board member or his or her designee must communicate in writing to CoC staff confirming the Alternatersquos attendance and granting authority for the Alternate to vote

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3

7 TERMINATION The Board may remove any member when it determines it is in the interest of the CoC to do so Member terminations require a 23 vote of the appointed voting membership Reasons for removal include excessive absences from meetings conduct that is contrary to the Boardrsquos code of conduct or noncompliance with conflict of interest or other board policies

8 RESIGNATION Resignations by Board members shall be submitted in writing to CoC staff who will forward the resignation notice to board leadership Resignations will be announced at the next regularly scheduled board meeting For board positions representing designated organizations resignation is implied if a person seated on the board is no longer affiliated with the organization that appointed him or her The appointing organization is then responsible for assuring that another qualified person is appointed to represent that organization

9 MEETINGS Pursuant to 24 CFR part 5787(a)(1) the Board will meet at least semi-annually in conjunction with the CoC Collaborative Committee to conduct general CoC business Inclusive of these semi-annual joint meetings the board will meet at least quarterly and may meet more frequently at the call of the chair The CoC Board is a public body subject to the public meetings and record laws as stated in ORS Chapter 192 All meetings will be open to the public

10 QUORUM A majority defined as 50 plus one of the appointed voting Board membership will constitute a quorum for the transaction of all business at meetings Members may attend either in person or by conference call so long as persons in attendance and on the telephone can both hear and communicate with each other Members attending by telephone conferencing may be counted towards achieving a quorum

11 VOTING Each Board member will hold one vote on all matters brought before the board However in recognition of their significant financial contributions to the effort Marion County and the City of Salem may select two persons to represent each organizationrsquos interests on the CoC Board or in the alternative may select one representative who shall have two votes on any matter Board decisions shall be made by a majority of the total votes available to the entire appointed voting Board membership

12 NOTICE AND INCLUSION a The Board will provide for and give public notice reasonably calculated to give actual notice to

board members interested persons news media that have requested notice and general public notice Notice shall include the time and place for holding regular meetings The notice will also include a list of the primary subjects anticipated to be considered at the meeting Distribution of meeting notices will be in a manner that maximizes the potential of the public awareness of Board proceedings and for the public to participate in its deliberations

b Whenever possible matters resulting in a recommendation to the Board will be deliberated during a minimum of two meetings to assure maximum participation

c The Board encourages input to its deliberations and decision-making from a diversity of stakeholders including consumers and community members from diverse genders racial and ethnic origins cultural groups and geographic areas within the CoC boundaries CoC members are encouraged to bring ideas or concerns to the attention of the CoC Board and staff

d The Board will conduct outreach at least semi-annually with business organizations such as economic development forums chambers of commerce and Rotary clubs to inform business leaders about current issues surrounding homelessness and gather information from a business perspective

13 AGENDAS Items may be placed on a meeting agenda by any Board member or by CoC staff The agenda will be distributed to members and through public notice at least one week prior to a Board meeting

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4

B BOARD OFFICERS 1 CHAIR The Board will accept nominations and elect a chair annually The chair may be elected for

subsequent terms The chair will act as leader of the convened meeting and as the parliamentarian The chair will enforce Board policies and membership rules and will guide the conduct of public meetings The chair is the official Board representative and shall be the primary spokesperson to the media

2 VICE CHAIR The chair will select a vice chair with board consent In the absence of the chair the vice chair will assume the chairs responsibilities If neither the chair nor vice chair is available for a public meeting then the assembled quorum of the meeting will select a temporary chairperson to conduct the meeting

3 EXECUTIVE COMMITTEE LEADERSHIP The chair and vice chair serve as leaders of the CoC Executive Committee as described in Section E1

C STAFF RESPONSIBILITIES TO THE CoC BOARD

1 STAFF SUPPORTCOLLABORATIVE APPLICANT Subject to available funding for CoC operations Mid-

Willamette Valley Council of Governments (COG) will serve as the Collaborative Applicant described in

Article IV Section E and provide staff support that could be employees contractors and in-kind

support as well as in-kind materials and services to support the CoC To maintain a neutral role in

facilitating council meetings staff representing the COG will not hold authority to vote on matters

placed before the CoC Board

2 UNIFIED FUNDING AGENCY The CoC will seek designation as a Unified Funding Agency from the US

Department of Housing amp Urban Development

3 MEETING PREPARATION CoC staff is responsible for meeting preparation which includes

a Locating reserving and preparing the meeting space b Sending meeting notice agendas and minutes to the CoC distribution list one week prior to the

meeting and a reminder one day prior to the meeting c Compiling background materials and staff reports d Planning Board meetings in collaboration with the Executive Committee e Taking attendance at meetings and f Providing facilitation as needed

4 MINUTES CoC staff will serve as the CoC Board Administrator and prepare meeting minutes Minutes

will include a list of the members present motions proposals resolutions and orders proposed and their disposition the results of all votes and a vote by each member by name the substance of any discussions on any matter and reference to any document discussed at that meeting Minutes will be posted on the CoC website and distributed to the Board membership one week prior to the monthly meeting

5 RECORDS Pursuant to 24 CFR part 578103 and 24 CFR part 5785(b) staff will maintain CoC records to document compliance with HUD requirements including the following a Approved CoC governance charter that includes a written process to select the CoC board b Documentation of required reviews and updates including the annual charter review and review of

Board selection process every five years c CoC Board and committee rosters designating representation of sectors and subpopulations d Agendas and minutes of CoC Board committee subcommittee and workgroup meetings

Page 68 of 81

5

e Designation of a single Homeless Management Information System (HMIS) for the CoC f CoC applications for funds as set forth in 24 CFR part 5789 g Use of planning funds for eligible costs and other grant management documentation pursuant to 24

CFR part 57839 and h Completed and signed CoC conflict of interest forms required in Article III Section 5 of this charter

6 OTHER RESPONSIBILITIES CoC staff will maintain distribution lists distribute communications to CoC members and the community at large develop and maintain a CoC webpage support CoC committees and workgroups produce and submit applications for funds and perform other duties as assigned by the CoC Board to support the CoC

D CoC COLLABORATIVE COMMITTEE 1 PURPOSE The purpose of the CoC Collaborative Committee is to assist the Board in accomplishing the

responsibilities of the Continuum of Care as described in Article IV

2 MEMBERSHIP Participation in the Continuum of Care is open through the CoC Collaborative Committee to interested organizations and to interested individuals representing the community at large Member agencies will be responsible for identifying CoC representatives Participating agencies may have more than one person identified as a CoC representative Homeless and formerly homeless people are encouraged and supported to participate A roster of CoC Collaborative Committee participants will be maintained and posted on the CoC website

3 VOTING Each member organization and community at large member who has participated in at least two (2) meetings in the preceding twelve (12) months after the initial year of CoC operations shall have one vote at subsequent meetings on each matter submitted to a vote of CoC members To the maximum extent possible committee meetings shall operate on a consensus basis However members can request a majority vote on specific issues Agencies with more than one representative in attendance will determine in advance which representative will vote In all cases each member organization has only one vote

4 RESIGNATION Member agencies may resign from the CoC Collaborative Committee by sending a

written communication to CoC staff

5 CO-CHAIRS The CoC Board will appoint co-chairs to facilitate CoC Collaborative Committee meetings based on nominations from the CoC Collaborative Committee One co-chair will represent the public (governmental) sector and the other will represent the private (nongovernmental) sector Co-chairs will serve for two-year terms and may be reappointed by the Board

5 RECRUITMENT AND OUTREACH The CoC Board will publish and disseminate an open invitation at least annually for those within the CoC area to join as new CoC Collaborative Committee members CoC staff will document recruitment efforts The CoC Board will identify and address membership gaps in essential sectors and will recruit so that membership requirements are being met pursuant to 24 CFR part 5787 Outreach will be conducted to obtain representation from the following groups listed in 24 CFR part 5785(a)

a Nonprofit homeless assistance providers b Victim service providers c Faith-based organizations d Governments

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6

e Businesses f Advocates g Public housing agencies h School districts i Social service providers j Mental health agencies k Hospitals and health care organizations l Universities m Affordable housing developers n Law enforcement o Organizations that serve veterans p Homeless and formerly homeless individuals and q Other relevant organizations within the CoCrsquos geographic boundaries such as organizations and coalitions that serve unaccompanied youth employment councils substance abuse providers and early learning hubs

E COMMITTEES AND WORKGROUPS 1 STANDING COMMITTEES AND WORKGROUPS The CoC Board will appoint members representing

organizations participating in the CoC Collaborative Committee to the standing committees and workgroups listed in this section as E1 a through d The Board will also designate chairs or co-chairs to facilitate committee or workgroup meetings CoC staff will be assigned to take notes at committee and workgroup meetings and assure that CoC policies and processes are followed CoC staff will also maintain lists of committee and workgroup membership and post the lists to the CoC webpage a PERFORMANCE AND EVALUATION COMMITTEE The Performance and Evaluation Committee shall

review and recommend to the Board the policies timelines and scoring tools for application review and ranking process as part of the Continuum of Care competition for funds The Performance and Evaluation Committee shall also be responsible for monitoring and reviewing CoC-funded projects and general system performance The Performance and Evaluation Committee shall make recommendations to the CoC Board to improve system performance with input from the CoC Collaborative Committee Members of this committee may not have a conflict of interest described in Article III and may not be recipients of HUD funds i The CoC Board will appoint a subcommittee of not fewer than five (5) Performance and

Evaluation Subcommittee members to review and rank project applications during the annual process described in Article IV Section E

ii The Board will strive to appoint subcommittee members who are knowledgeable about homelessness and housing in the region and representative of relevant sectors subpopulations and geographic areas of the region

iii Subcommittee members must have completed conflict of interest forms on file with CoC staff affirming that they are not employees or do not have a business relationship or other conflicts of interest as described in Article III

iv Subcommittee members must be willing to dedicate time for application review and subcommittee meetings during the application process

b COORDINATED ENTRY COMMITTEE The Coordinated Entry Committee creates the policies and

procedures for the CoCrsquos coordinated entry system The committee is also responsible for monitoring the progress of organizations implementing coordinated entry to ensure it is functioning effectively arranging for technical assistance to participating organizations and recommending changes as necessary The committee shall recruit agencies for participation in coordinated entry

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7

c HMIS USERS WORKGROUP The HMIS Users Workgroup consists of representatives from organizations using the Homeless Management Information System (HMIS) The workgroup is co-chaired by the HMIS Lead organization or its designee and the HMIS Designated Coordination Entity as described in Article IVB2 The workgroup shall monitor the progress of organizations using HMIS develop strategies for improving HMIS ease of use troubleshoot data reporting and data quality issues and review and make recommendations on HMIS policies and protocols to the HMIS Lead HMIS Coordination Entity and CoC Board

d POINT-IN-TIME COUNT WORKGROUP The Point-in-Time Count workgroup shall work with the

HMIS Coordination Entity named in Section D2 to organize and conduct the Point-in-Time count including recruitment training and support of volunteer outreach workers for the event

2 SPECIAL COMMITTEES AND WORKGROUPS The Board may authorize the formation of special

committees or workgroups as necessary to deal with specific problems or issues as the Board believes appropriate The Board will appoint members to special committees and workgroups These special committees or workgroups will be time limited and be provided a scope of work from the Board Special committees and workgroups will report their findings and recommendations to the Board upon request or upon the conclusion of their work

3 EXECUTIVE COMMITTEE The Executive Committee is composed of the chair vice chair and at least

three additional Board members The committee works closely with staff to guide the work of the CoC Board Committee members may not serve on the Performance and Evaluation Committee Committee responsibilities include the following a Prepare meeting agendas and ensure matters are ready for Board meetings b Act on matters when authority has been delegated by the full Board to do so and c Act on time sensitive administrative matters that require a decision between Board meetings with

notice provided to all Board members prior to taking action and with the action(s) to be ratified at the next Board meeting Time sensitive administrative matters include but are not limited to required municipal state or federal reports and letters of support associated with grant applications Action will not be taken under this subsection if any Board member notifies the Board Chair of the members objection prior to the Executive Committees action on a time sensitive matter

4 APPEALS COMMITTEE The Board may appoint a committee of three (3) Board members to review and

make appeal decisions during the application process described in Article IV Section E Those appointed to the Appeals Committee may not have participated in the rank and review process must have signed conflict of interest forms on file with CoC staff and must affirm upon committee appointment that they do not have conflicts of interest with agencies applying for CoC Program funding In the alternative the Board may also delegate this responsibility to the Executive Committee

Page 71 of 81

8

ARTICLE III CONFLICT OF INTEREST AND CODE OF CONDUCT

NUUM OF CARE GOVERNANC A CONFLICT OF INTEREST

1 GENERAL PROVISIONS A conflict of interest is a situation in which a CoC Board member or one of his or her family members has a personal or financial interest that compromises or could compromise the Board or committee memberrsquos independence of judgment in exercising his or her responsibilities to the CoC It is the position of this CoC that conflicts of interest shall not compromise the CoCrsquos work and that even the appearance of a conflict shall be avoided in all circumstances

2 ADHERENCE TO CONFLICT OF INTEREST POLICY CoC Board and committee members are expected to adhere to the CoC Conflict of Interest Policy which requires the member to minimize conflicts of interest disclose ethical legal financial and other conflicts and remove themselves from decision-making if they would otherwise be called on to act on a conflict involving themselves their family members or entities with which they or their family members are closely associated Under the policy Board members are required to disclose actual or potential conflicts of interest as well as certain relationships and transactions No CoC Board member may participate in or influence discussions or resulting decisions concerning the award of a grant or other financial benefits to the organization that the member represents pursuant to 24 CFR part 57895

3 DEFINITIONS The CoC will assure that Board and committee members acknowledge the federal and state definitions of conflict of interest and are in full compliance with state and federal law a Conflict of Interest definitions aligning with federal statute are

i Conflict of Interest generally means a situation in which a Board member or his or her immediate family member has directly him- or herself or indirectly through another individual or entity a personal or financial interest that compromises or could compromise the Board memberrsquos independence of judgment in exercising his or her responsibilities to the CoC

ii Prohibited Conflict of Interest means a conflict of interest that would prevent a Board member from serving on the Board or participating in any of the Board activities A Board member who has a potential or actual Prohibited Conflict of Interest must resign from the Board Prohibited Conflicts of Interest include CoC compensation and employment loans federal employee status use of CoC equipment facilities assets or staff time for non-CoC purposes and acceptance of gifts gratuities favors or anything of monetary value

iii Issue-Specific Conflict of Interest means a conflict of interest that would prevent a Board member from voting on or being present during the discussion of a specific issue such as votes on contracts and CoC leadership

b Oregon Revised Statutes Chapter 244 defines actual and potential conflict of interests for members

of public bodies No Board or committee member shall participate in a decision in which he or she has a private pecuniary interest Affected members shall disqualify themselves from participation by written notification to the Board as required by ORS 244120

i A potential conflict of interest exists when a Board or committee member takes an action that

reasonably could be expected to have a financial impact on that member a relative or a business with which the member or members relative is associated The member may participate in an action after declaring the potential conflict and announcing its nature

Page 72 of 81

9

ii An actual conflict of interest exists when an action is reasonably certain to result in a special benefit or detriment to the member a relative or a business with which the member or members relative is associated The member will declare the actual conflict and announce its nature The member must then refrain from taking any official action except when the members vote is necessary to achieve a quorum When a vote is necessary to achieve a quorum the member may vote but may not participate in any discussion or debate on the issue out of which the actual conflict arises

4 PENALTIES A Board member who purposefully conceals a conflict of interest refuses to recuse him- or

herself from voting or engages in other conduct that violates the CoC Conflict of Interest policy will be subject to removal from the Board

5 ANNUAL DECLARATION Board and committee members are to annually receive a copy of the CoC Conflict of Interest Policy sign the CoCrsquos Conflict of Interest form and submit the form to CoC staff

B B CODE OF CONDUCT 1 GENERAL PROVISIONS CoC members are expected to observe the highest standards of ethical conduct

in the execution of their responsibilities to conduct themselves with courtesy and respect and to refrain from harassment intimidation discrimination and physical or verbal abuse

2 CONFIDENTIALITY CoC members must respect and maintain the confidentiality of sensitive information

they may gain from their association with the CoC This may include personal information about community members experiencing homelessness

3 RESPONSIBILITY AND INTEGRITY In the performance of their duties CoC members are expected to carry out CoC duties to the best of their abilities and to maintain the highest standards of integrity for actions with other CoC members including CoC Board members service providers service recipients and members of the general public CoC Board and committee members shall put forth honest effort in the performance of their duties to advance the CoCrsquos mission exercising sufficient control and supervision over matters for which they are individually responsible and should not do anything to bring the full CoC or its members into disrepute

4 MISUSE OF POSITION Misuse of position is prohibited A CoC member must not use his or her position with the CoC for personal gain or for the benefit of family or friends

5 COMMUNICATIONS CoC members shall make clear when communicating publicly or with the media whether they are speaking in their own name on behalf of their agency or organization or on behalf of the CoC if the CoC Board has empowered them to speak on the CoCrsquos behalf

6 WASTE FRAUD AND ABUSE CoC members shall disclose waste fraud abuse and corruption in the operation of the Continuum of Care to appropriate authorities

7 EQUAL OPPORTUNITY CoC Board members shall adhere to laws and regulations that provide equal opportunity for all people regardless of race color religion gender identity national origin ethnicity sexual orientation age or disability

Page 73 of 81

10

8 PENALTIES This Code of Conduct will be distributed annually to CoC members Members in violation of any portion of this Code of Conduct will be subject to disciplinary action which could include immediate termination from the CoC Board or CoC committees

9 ANNUAL DECLARATION Board members are to annually receive a copy of the Code of Conduct acknowledge receipt by signing a form and submit a copy of the signed form to CoC staff

O ARTICLE II CONTINUUM FCARE GOVERNANCE STRUCTURE

ARTICLE IV OPERATING THE CONTINUUM OF CARE

A CoC RESPONSIBILITIES The CoC Board is responsible for assuring that the following responsibilities are accomplished with broad participation from CoC stakeholders

1 Hold meetings of the full membership with published agendas at least semi-annually pursuant to 24 CFR part 5787(a)(1)

2 Make an invitation for new members to join the CoC publicly available within the geographic area at least annually pursuant to 24 CFR part 5787(a)(2)

3 Adopt and follow a written process to select a board to act on behalf of the CoC The process must be reviewed updated and approved by the CoC at least once every five (5) years pursuant to 24 CFR part 5787(a)(3)

4 Appoint additional committees subcommittees or workgroups pursuant to 24 CFR part 5787(a)(4)

5 In consultation with the Collaborative Applicant and HMIS Lead develop follow and update annually a governance charter which will include all procedures and policies needed to comply with Subpart B of part 5787 and with HMIS requirements as prescribed by HUD and a code of conduct and recusal process for the board its chair(s) and any person acting on behalf of the board pursuant to 24 CFR part 5787(a)(5)

6 Consult with recipients and subrecipients to establish performance targets appropriate for population and program type monitor recipient and subrecipient performance evaluate outcomes and take action against poor performers pursuant to 24 CFR part 5787(a)(6)

7 Evaluate outcomes of projects funded under the Emergency Solutions Grants (ESG) program and the CoC program and report to HUD pursuant to 24 CFR part 5787(a)(7)

8 In consultation with recipients of Emergency Solutions Grants program funds within the geographic area establish and operate either a centralized or coordinated assessment system that provides an initial comprehensive assessment of the needs of individuals for housing and services The CoC must develop a specific policy to guide the operation of the centralized or coordinated assessment system on how its system will address the needs of individuals and families who are fleeing or attempting to flee domestic violence dating violence sexual assault or stalking but who are seeking shelter or services from nonvictim service providers This requirement along with requirements established by HUD by notice is pursuant to 24 CFR part 5787(a)(8)

Page 74 of 81

11

9 In consultation with recipients of Emergency Solutions Grants program funds within the geographic

area establish and consistently follow written standards for providing CoC assistance as further described in 24 CFR part 5787(a)(9)

10 Designate and operate a single Homeless Management Information System (HMIS) for the geographic area including designating a single system and an HMIS lead reviewing revising and approving a privacy plan security plan and data quality plan for the HMIS ensuring consistent participation of recipients and subrecipients in the HMIS and ensuring that the HMIS is administered in compliance with HUD requirements pursuant to 24 CFR part 5787(b)

11 Develop a CoC plan that includes coordinating the implementation of a housing and service system that meets the needs of homeless individuals including unaccompanied youth and families The system shall include at a minimum outreach engagement assessment shelter housing supportive services and prevention strategies pursuant to 24 CFR part 5787(c)(1)

12 Plan for and conduct at least biennially a Point-in-Time Count of homeless persons within the geographic area as described in 24 CFR part 5787(c)(2)

13 Conduct an annual gaps analysis of the homeless needs and services available within the geographic area pursuant to 24 CFR part 5787(c)(3)

14 Provide information required to complete the Consolidated Plan(s) within the CoCrsquos geographic area pursuant to 24 CFR part 5787(c)(4)

15 Consult with state and local government Emergency Solutions Grants program recipients within the CoCrsquos geographic area on the plan for allocating Emergency Solutions Grants program funds and reporting on and evaluating the performance of Emergency Solutions Grants program recipients and subrecipients pursuant to 24 CFR part 5787(c)(5)

16 Prepare an application for funds that includes a collaborative process in response to a Notice of Funding Availability (NOFA) published by HUD under 24 CFR part 57819

17 OF THE COC AND THE COC BOARD

B CoC REPORTS The CoC Board shall approve the following reports and documents prior to releasing such reports and documents to the community

1 CoC Program Project Priority List 2 Inventory of Homeless Services 3 Annual or Biennial Point-in-Time Count Report 4 Housing Inventory Chart 5 Longitudinal Systems Analysis (LSA) and 6 Homeless Coordinated Entry System Report

Page 75 of 81

12

C CoC CORRECTIVE ACTIONS PROCESS 1 ANNUAL PROGRAM REVIEW CoC funded programs or projects will be reviewed by the Performance

and Evaluation Committee annually with findings reported to the CoC Board 2 RESPONSES TO IMPROVE PROGRAM PERFORMANCE

a Should the Board determine that a program is not meeting established performance measures staff will notify the program or project in writing The organization overseeing the program or project will have the opportunity to provide additional performance information within 30 days of receipt of the CoC notification

b If the program or projectrsquos performance is related to certain items as determined by the CoC Board such as late Annual Performance Report submissions unused funding low utilization low exits to permanent housing low scores on income measures or alignment of program participation with wait list protocols the CoC Board may place a program on probation to improve its performance

c During the probationary period the CoC will enter into a Performance Improvement Agreement with the program or project needing improvement listing specific expectations and timeline

d CoC staff will facilitate technical assistance as needed and available as part of the Performance Improvement Agreement The organization overseeing the program or project is responsible for requesting specific assistance in low-scoring performance areas and requesting clarifications from the CoC about performance measures and expectations

e The length of the probationary period will be proposed by the Performance and Evaluation Committee negotiated by CoC staff and approved by the CoC Board Extensions may be requested for extenuating circumstances and are subject to Board approval If the program or project does not fulfill the agreed-upon expectations included in the Performance Improvement Agreement the Board may reduce funding or ranking may reject future applications from that program or project for HUD CoC Program funds or other remedies approved by HUD

D DESIGNATING AND OPERATING A HOMELESS MANAGEMENT INFORMATION SYSTEM

1 HMIS PURPOSE The primary purpose of the CoCrsquos Homeless Management Information System (HMIS) is to aggregate data on homelessness across Marion and Polk counties to accurately describe the regionrsquos scope and evaluate the effectiveness of efforts to reduce and end homelessness The CoC uses HMIS to a Understand the characteristics and service needs of homeless people b Analyze how homeless people use services c Evaluate program effectiveness and outcomes d Improve access to and delivery of services for people experiencing homelessness and e Strengthen community planning and resource allocation

2 DESIGNATED HMIS ROLES Oregon Housing amp Community Services (OHCS) is designated as the HMIS Lead AgencyAdministrator Portland Housing Bureau is the vendor that provides the licensed software for the HMIS system Mid-Willamette Community Action Agency is designated as the CoC regionrsquos HMIS Coordination Entity designated by the HMIS Lead to coordinate data collection and data analysis for the region The CoC Board oversees the work of the HMIS partners

3 HMIS DECISIONMAKING AUTHORITY HMIS decisions which affect local CoC operations are made by the

HMIS Administrator in consultation with the HMIS Users Workgroup and HMIS Coordination Entity HMIS decisions which affect CoCs participating in statewide HMIS implementation will be made by the Northwest Social Services Connections Committee with representation from each CoC in Oregon The

Page 76 of 81

13

HMIS Lead will keep CoC staff informed of issues and decisions and will provide a summary of key decisions to the CoC Board at least annually

4 HMIS LEAD RESPONSIBILITIES Oregon Housing amp Community Services as HMIS Lead works closely with

the CoC and is responsible for maintaining the CoCrsquos HMIS system in compliance with HUD standards OHCS is responsible for coordinating the following activities a Providing operation security maintenance system auditing and technical support of HMIS central

hardware software and connectivity b Executing a written HMIS Participation Agreement with each Contributing HMIS Organization (CHO)

which includes the role obligations and authority of the HMIS Lead and the organization and requirements to comply with security privacy and data quality plans

c Setting up and managing user accounts access levels and passwords d Providing technical and user support for HMIS software including agency account set-up system

monitoring and testing problem diagnosis and resolution and routine software and information maintenance

e Providing and coordinating ongoing training and technical support for the system f Ensuring consistent HMIS participation by CoC and Emergency Shelter Grant (ESG)recipients and

subrecipients g Maintaining and updating a Privacy Plan Security Plan and Data Quality Plan h Ensuring the accuracy of data including regularly assessing that all participating agencies are

accurately and comprehensively capturing participant entry and exit dates and providing technical assistance to correct data quality challenges

i Coordinating regular end user meetings ie HMIS Users Workgroup meetings to discuss software updates data entry report writing and system management issues

j Serving as point of contact for end user questions and concerns k Assessing compliance with the CoCrsquos HMIS Policies and Procedures Manual l Maintaining contact with the software product developer to ensure consistent and uniform

communication among product support personnel and the community m Generating information on the communityrsquos homeless and housing situation for community

planning advocacy and funder reporting requirements n Assisting end users in the creation of custom reports and queries o Providing regular aggregate data reports to participating agencies CoC staff and the CoC Board p Reviewing and implementing product upgrades q Completing the Annual Homeless Assessment Report r Conducting regular data quality checks and providing reports to the CoC Board and s Serving as the applicant to HUD for grant funds to be used for HMIS activities for the CoCrsquos

geographic area as approved by the CoC Board

5 PROVIDER PARTICIPATION Any organization within the CoC geographic region that receives Continuum of Care Program and Emergency Solutions Grant (ESG) funds must participate in HMIS as a Contributing HMIS Organization (CHO) In addition the CoC encourages all providers of services to homeless individuals and families within the CoC geographic area regardless of whether they receive CoC or ESG funds to become a CHO and include their data in HMIS

6 HMIS MANUAL To ensure compliance with HUD requirements the HMIS Lead in collaboration with the

HMIS Coordination Entity HMIS Users Workgroup and other stakeholders is responsible for developing and annually reviewing and updating the CoCrsquos HMIS Policies amp Procedures Manual The manual provides the framework for the ongoing operations of the HMIS system It includes the CoCrsquos privacy data quality and security plans for the HMIS system At any time the HMIS Lead HMIS Coordination Entity HMIS Users Workgroup or CoC Collaborative Committee may identify elements of policies or

Page 77 of 81

14

procedures or other HMIS-related plans that need to be revised Recommendations for revisions are to be submitted to the HMIS Lead The HMIS Lead will present the HMIS Policies amp Procedures Manual to the CoC Board annually or more frequently if significant substantive changes are proposed

E PREPARING AN APPLICATION FOR FUNDS 1 PURPOSE A major function of the Continuum of Care is to prepare and oversee the applications for CoC

funds administered by HUD under the McKinney-Vento Homeless Assistance Act The CoC Program is designed to assist individuals and families experiencing homelessness and to provide the services needed to help them move into housing with the goal of long-term stability The CoC Program funds important housing and services programs such as permanent housing (including permanent supportive housing and rapid re-housing) transitional housing and supportive services programs HUD CoC Program funds are granted annually based on a national competition following the release a Notice of Funding Availability (NOFA) Recipients of Emergency Solutions Grant funds another homeless assistance grant administered under the McKinney-Vento Act are required by HUD to coordinate with the CoC The CoC addresses that requirement through coordinating with the ESG review and ranking process and ESG scoring tool development

2 COLLABORATIVE APPLICANT The Mid-Willamette Valley Council of Governments (COG) is designated as

the CoC Collaborative Applicant and is responsible for leading and supporting all aspects of the annual HUD CoC NOFA application process including submission of the Consolidated Application

3 PROJECT REVIEW PROCESS

a Immediately after HUDrsquos Continuum of Care Program NOFA is released the Collaborative Applicant will coordinate and carry out the activities needed to successfully submit a Consolidated Application on behalf of the CoC

b Tasks required for project review in preparation for NOFA submission include the following

i Prior to the NOFA release the Collaborative Applicant will develop a draft timeline for the NOFA process and design scoring tools and any corresponding local application materials to assist in the review and ranking of renewal and new project applicants Review and ranking materials will take into consideration both local and HUD priorities

ii Scoring tools and the draft timeline will be reviewed by the Performance and Evaluation Committee and recommended to the CoC Board for approval

iii Upon publication of the NOFA the Collaborative Applicant will schedule and publicize a date and time for a Technical Assistance Workshop and finalize the timeline and priorities for the NOFA process

iv Applicants may participate in the Technical Assistance Workshop At the workshop the Collaborative Applicant will present an overview of the NOFA and the process for reviewing and ranking applications The orientation will describe HUD application requirements supplemental local application materials the scoring tool and applicable deadlines and dates Applicants will also have an opportunity to ask questions The CoCrsquos NOFA timeline and application materials will be posted in the CoC webpage

v Applicants will complete and submit application materials by the established deadline vi Late applications will not be accepted vii As an exception to Article IVD3bvi applicants with significant extenuating circumstances may

submit a petition to CoC staff for an extension Extensions require the approval of the CoC Board or the CoC Executive Committee if delegated the authority for this purpose by the Board It is anticipated that exceptions will be granted in very rare circumstances and not applied in

Page 78 of 81

15

situations where advance planning could have resulted in the application being submitted timely

viii Incomplete applications cannot be supplemented with more information or materials to reach a level of completeness once submitted to the CoC for review and ranking but must be completed prior to HUD submission if selected for funding

ix A subcommittee of the Performance and Evaluation Committee is appointed by the CoC Board to review and rank project applications as described in Article II Section E Subcommittee members receive and review application and scoring materials prior to the subcommittee meeting in preparation to score each programrsquos application

x The subcommittee of the Performance and Evaluation Committee meets to jointly discuss and critique each application and may interview applicants as part of the meeting If applicant interviews are included in the review process all applicants must have the opportunity for an interview After discussion and any applicant interviews subcommittee members individually score applications based on the scoring tools

xi A preliminary ranked list is created by the following procedures (a) A ranked list is prepared based on a composite of raw scores for each application (b) Applications that do not meet certain threshold requirements as detailed on the scoring

tool will not be included on the ranked list (c) If the NOFA makes available bonus funds in a program area the highest scoring eligible

projects will be designated for bonus funding in those relevant program areas xii The CoCrsquos goals for priority funding are to promote high-performing projects in alignment with

community and federal priorities Scoring tools will reflect the communityrsquos implementation of local and federal priorities as determined by the CoC Board

xiii Scores and subcommittee feedback on applications are sent to applicants along with a reminder of the appeals process and deadline by the established deadline

4 REALLOCATION OF FUNDS HUD encourages CoCs to reallocate funds from projects with substandard

performance to higher priority community needs that also align with HUD priorities and goals Prior to the release of the NOFA the Performance and Evaluation Committee facilitates a reallocation discussion in consultation with the CoC Collaborative Committee and CoC Board Scenarios for potential reallocation decisions based on the CoCrsquos gaps analysis and strategic plan are provided to the Performance and Evaluation Subcommittee to consider during the ranking process Final reallocation decisions are approved by the CoC Board

5 APPEALS a APPEALS COMMITTEE As described in Article II Section E appeals are considered by the Appeals

Committee or Executive Committee as designated by CoC Board The Appeals Committee will be established only if an applicant requests an appeal

b ELIGIBILITY TO APPEAL Eligible applicants have the opportunity to appeal both their scores and

preliminary rankings prior to the ranked list being finalized and approved by the CoC Board i The following applicants are eligible to appeal

(a) An applicant that receives less funding than applied for (b) An applicant that is ranked below Tier 1 (c) An applicant that is ranked in the bottom third of Tier 1 (d) An applicant that believes its score is not reflective of the application information provided

or (e) An applicant that can describe bias or unfairness in the process that warrants the appeal

ii Applicants that have not met the threshold requirements are not eligible to appeal

Page 79 of 81

16

c APPEALS PROCESS i Appeals must be received in writing with supporting documentation by the established

deadline ii Notices of appeal must be based on the information submitted by the application deadline No

additional or new information will be considered iii The notice of appeal must include a written statement specifying in detail the grounds and

rationale asserted for the appeal iv Valid appeals will be read reviewed and evaluated by the Appeals Committee that will meet to

consider and deliberate appeals based on the applicantrsquos appeal statement and the application materials that the applicant originally submitted to the CoC

v The Appeals Committee will make modifications to the preliminary list based on the results of the appeals process Appeals Committee decisions must be supported by a 23 majority vote

vi The appealing agency will receive a written decision of the Appeals Committee within two (2) business days of the Appeals Committee meeting

vii Appeals Committee decisions result in the final prioritized list submitted for approval to the CoC Board

6 FINAL PRIORITIZED LIST OF APPLICATIONS

a A final ranked project list is submitted to the CoC Board for review and approval after appeals have been determined and the Appeals Committee has made any modifications to the preliminary prioritized list Any Board member with a conflict of interest must recuse himself or herself from all related discussions and abstain from voting on the final priority list As stated in Article II Section A and Article III Board members with conflicts of interest are subject to removal from the Board

b The Collaborative Applicant submits the CoCrsquos approved Consolidated Application to HUD prior to the HUD NOFA deadline

c Conditional award funding is typically based upon the prioritized list of Project Applicants that is submitted however actual awards and award amounts are determined by HUD

ARTICLE V CHARTER AMENDMENTS

1 PROCESS This governance charter may be amended at any CoC Board meeting by a 23 majority vote of the appointed voting Board membership Copies of proposed amendments will be available for review at least one week prior to the Board meeting at which the proposed amendments are considered The Board will seek prior review and recommendation by the CoC Collaborative Committee of any amendments to the charter unless circumstances require an immediate change In the latter situation CoC staff will provide an explanation of the circumstances and provide opportunity for comments and input prior to and as part of the Board meeting

2 FREQUENCY OF REVIEW The CoC Collaborative Committee and Board will review this charter annually

Page 80 of 81

PENDING CITY COUNCIL AGENDA ITEMS 04092020

APRIL 14 2020 - 630 PM APRIL 28 2020 - 630 PM

Agenda items due 1000 am 040920 Agenda items due 1000 am 042320

raquo Hearing amp ord Code changes (comm stds) (Fred)

raquo OLCC appl - The Tap Station (Hedlund) raquo Ordinance - code changes (HPC)

raquo Cherriotts Bus Stop Parking (Kie) raquo Liquor licensing policy

raquo Homeless Alliance IGA (Tom) raquo Alcohol concessions contract (Tom)

raquo AXON contract (Bob) raquo Event Center contract (TomShawn)

raquo Res 1526 USDA grant application (Shawn) raquo Info Report 3Q Finance Report (Gloria)

raquo raquo F Street Design RFP Selection (Kie)

raquo raquoraquo raquo MinutesNotesPACTracking Log

raquo raquo Liaison Reports MINET Park amp Rec

raquo MinutesNotesPACTracking Log and Planning

+ Urban Renewal Agency if needed + Urban Renewal Agency if neededMAY 12 2020 - 630 PM MAY 26 2020 - 630 PM

Agenda items due 1000 am 050720 Agenda items due 1000 am 052120

raquo Parking ordinance update review raquoraquo Arbor Day proclamation raquoraquo TSP Consultant presentation raquoraquo Museum presentation (Carly) raquoraquo Lot 7 DDA (ShawnTom) raquoraquo raquo MinutesNotesPACTracking Log

raquo raquo Liaison Reports Library WIMPEG

raquo MinutesNotesPACTracking Log and Museum Commission

+ Urban Renewal Agency if needed + Urban Renewal Agency if neededJUNE 9 2020 - 630 PM JUNE 23 2020 - 630 PM

Agenda items due 1000 am 060420 Agenda items due 1000 am 061820

raquo raquo Budget Adoption

raquo raquoraquo raquoraquo raquoraquo raquoraquo raquo MinutesNotesPACTracking Log

raquo raquo Liaison Reports Traffic Safety Historic Preservation

raquo MinutesNotesPACTracking Log and Independence Days

+ Urban Renewal Agency if needed + Urban Renewal Agency if neededFuture Items City Council LiaisonsIndpMonm IGA re MINET (City Mgr) Historic Preservation Commission Councilor Takacs2019 Transportation financing discussion (unf bsn) Hop amp Heritage Block Party Councilor CorrDuplex ADU worksession HPC worksession Independence Days Commission Councilor CorrJan 2021 - 9th St Sewer projects bid award (kie) Library Board Councilor MortonOverlay project award (Winter 2020) (Kie) MINET Councilor HicksF St Construction Award Museum Advisory Board Councilor MortonHoffmanGun club intersection project (wk ssn) (Kie) Parks amp Rec Committee Councilor Martin-WillisPublic Hearing LA-04-2018 (HPC code update) (Fred) Planning Commission Councilor Martin-WillisOnstreet parking regulations (BobTom) Traffic Safety Commission Councilor TakacsSidewalk program (KieShawnTom) WIMPEG Councilor Ranstrom-Smith(IMC) update Building Codes provisions

Budget MeetingsMar 25 Budget Committee Orientation (rescheduling TBA)May 6th Budget CommitteeMay 13th Budget CommitteeMay 20th Budget Committee (if needed)June 23rd Council - Budget Adoption

Page 81 of 81

  • Agenda
  • 31 March 24 2020
  • 61 Council Action Memo
  • 61 Cherriots Presentation
  • 71 Council Action Memo
  • 71 Tap Station OLCC application
  • 72 Council Action Memo
  • 72 AXON Proposal
  • 73 Council Action Memo
  • 73 Resolution 20-1526
  • 74 Council Action Memo
  • 74 Interim IGA
  • 74 COG Scope of Work
  • 74 MWHA Governance Charter
  • 91 04-09-2020
Page 14: City of Independence

492020

1 2

3

Public outreach completed

Public surveybull Conducted in-person outreach events and a six-week online

survey in Summer 2019City council appearances

bull June 2019 February 2020 April 2020

Property owners adjacent to new stopsbull Sent letters certified return receipt USPS mail to each

adjacent property ownerbull Door hangers placed on 160 doors in vicinity of on-street

parking removals and new bus stopsbull Website with all the details cherriotsorgNewRoute45

4

Purpose of bus stop parking removalsbull Buses must have direct access to the curb in order to

loadunload passengers safely especially in mobility devicesbull In order to comply with the Americans with Disabilities Act

(ADA)

Responses to concerns

bull Worked with neighbors on 4th Street to find a better southbound bus stop location

bull Eliminated northbound bus stop on 13th Street in response to neighbor complaint

bull Minimizing parking removals for E Street due to heavy on-street parking occupancy

3

4

Page 14 of 81

492020

1 3

5

Vehicle typebull 25-ft long 14 seats wheelchair lift-equippedbull Needs 50 feet of parking removed at each location

6

Route 45 bus stop locations in Independence (12 new 4 existing)

Monmouth Independence

5

6

Page 15 of 81

492020

1 4

7

Website examples of parking removals

E Street (between 10th and 11th ) Main Street Oak Street

8

Next Stepsbull Seek approval for stops and no-parking zones from three cities ndash

April amp May

bull Release bid package to potential contractors ndash June or July

bull Begin marketing new service at least 30 days in advance of launch

bull Install new stop poles amp signs ndash August

bull Launch new service September 2020

bull Continue marketing new service actively in September

7

8

Page 16 of 81

492020

1 5

9

Conclusionsbull Public outreach allowed public to weigh in on service

design and bus stop locationsbull Property owners have been notified of pending parking

removals by the citybull Removal of parking is necessary for the safety of the riding

public and to comply with the ADAbull Worked with community members and city public works

department to develop final planbull Request for parking removals for bus stops will come from

public works department (Kie Cottam)

10

Questions

9

10

Page 17 of 81

492020

1 6

11

11

Page 18 of 81

CITY OF INDEPENDENCE OREGONMEMORANDUM

TO Honorable Mayor and City Council

FROM Tom Pessemier City Manager

SUBJECT New Establishment Liquor License Applicant

DATE April 9 2020

Action Requested X Information Only

Statement of Issue

The Tap Station LLC DBA The Tap Station located at 87 N Main St has made an application with the Oregon Liquor Control Commission for Additional Privilege This license would allow the licensee to sell wine malt beverages and ciders for Off-Premises Consumption This application is submitted as a result of the recent restrictions put into place for licensed establishments regarding COVID-19 The additional license would allow The Tap Station to selldeliver their products to the consumer for off-premises consumption I have spoken to the OLCC regarding this and they are currently seeing a large increase in these applications and as a result are granting 90-day temporary authority at application with a requirement for follow-up reviewrecommendation by the local authority prior to final decisions or issuance

Background

In 1992 our City adopted resolution 881 which establishes criteria for screening liquor license applications The police department was assigned the task to do initial reviews of each liquor license application The police department then completes a staff report on those findings for the City Council review

Analysis

I have conducted a background investigation for The Tap Station as well as Christopher Ream and did not locate any issues I believe would hinder his operation of this business Christopher has owned and operated The Tap Station since he took over its ownership in the middle of 2019 with no issues or calls for service related to alcohol at the establishment

Fiscal Impact

Page 19 of 81

As of this date I do not know if the fees for this application have been paid

Options

1 Council may recommend approval for this establishment pending the payment of all city fees

2 Council may recommend denying the license for this establishment if reasonable grounds can be established

3 Council may impose an option of its own choosing

Recommended Motion

Option 1 I move to recommend approval of the above liquor license request pending payment of all fees

Attachments

Liquor license application for Additional Privilege

Memo Prepared by

Sergeant Justin Hedlund 46248

Page 20 of 81

reg Read ImportantOregon law requires that every applicant for a liquorlicense obtain a written recommendationfrom the governing body of the county if the place of business of the applicant is outside theincorporated city or from the city councilif the place of business of the applicant is within anincorporated city You must take the attached a lication forms to the a ro riategoverning body After the endorsement process is completed a representative from the city orcounty willcontact you to pick up the application You may deliver the application to the OLCCoffice or retain it until it is requested by the license investigator

Oregon Liquor Control Commission200 Hawthorne Avenue SE Suite Bmdash210Salem OR 97301

Questions Call (503) 378-4871

Page 21 of 81

OREGON LIQUORCONTROLCOMMISSION

LIQUORLICENSEAPPLICATION1 Application Do not includeany OLCCfees with your application packet (the licensefee willbe collected at a latertime) Application is being madefor

LicenseApplied For CITYAND COUNTYUSEONLYBrewery 1st LocationBrewery 2nd LocationBrewery 3rd Location

BrewerymdashPublicHouse 1st LocationBrewery-Public House Znd LocationBrewerymdashFublicHouse 3rd LocationDistillery

Date application received andordate stamp

Name of City or County

FullOn~Premises CommercialFullOnmdashPremisesCatererFull OnmdashPremisesPassenger Carrier

FullOn~Premises Other Public LocationFullOnmdashPremisesFor Profit Private Club

Recommends this license be

III Granted D Denied

FullOnmdashPremisesNonprofit Private Club By

Grower Sales Privilege 1st Location

E Grower Sales Privilege 2nd Location Datelsquo

Grower Sales Privilege 3rd Location OLCCUSEONLYLimited On~Premises

Dateapplictiop receivedOffmdashP lsquo

XI remises

Off-Premises with Fuel PumpsK

V lsquo

Warehouse

ByWholesale Malt Beverage amp Wine

Winery 1st Location LicenseAction(s)Winery Znd Location

Winery 3rd Location

Winery 4th Location He _ Winery 5th Location I IIraquo

2 ldentifythe app|icant(s) applyingforthe license(s) ENTITY(example corporation or LLC)or IND|VlDUAL(S)applyingfor the license(s)

__ raquomdash F7)lee leeSTPiTOs3LLC EmsectQEoCgcEm

(Applicant1) (Applicant2)w JUN

mt I

(Applicant3) (Applicant4) REU_w_lsquo _ -KJI

3 Trade Name ofthe Business (Name Customers Will See)

rdquozTrsigtsectT1rsquorIOlsquovlsquo)4 Business Address (Number and Street Address of the Location that will have the liquor license)

euro7 3 H-IMFraquo STCity ZipCelNraquoDeuroPtNDtNltE rsquoigtoLg 733i

County

OLCCLiquor License Application (Rev 1110)

Page 22 of 81

TtEliigtsectTlTOM5 Trade Name of the Business (Name Customers WillSee)

6 Does the business address currently have an OLCCliquor license E YESlNo7 Does the business address currently have an OLCCmarijuana license EYESXJNO

VDTEOK318 MailingAddressPOBox Number Street Rural Route (where the OLCCwillsend your mail)

City

sectPxE

State

GELZip Code

973019 Phone Number of the Business Location

Btu3amp3 I 17w10 EmailContact for this Application

xxoLtCoIVi11 Contact Person for this Application

Otilsect ilElsquotM

VierctP one Number

OmrsquoSlWtCW3rsquoContact Persons Mailing Address (if different)

701eatevtao we seCity

Sltuim

State Zip Code

OR 0tlsquoIsect07__

Please note that liquor license applications are public records A copy of the application will be posted on the OLCC

website for a period of several weeks

I understand that marijuana (such as use consumption ingestion inhalation samples give-away sale etc) isprohibited on

the licensedpremises

I attest that allanswers on all forms documents and information provided to the OLCCare true and complete

Applicant Signatu rels)

- Each individual person listed as an applicant must sign the application

0 if an applicant is an entity such as a corporation or LLCat least one person who is authorized to sign for the entity

must sign theapplication- A person with the authority to sign on behalf of the applicant (such as the applicants attorney or a person with

power of attorney) may sign the application Ifa person other than an applicant signs the application please

wideroo fsignatureauthority

(A (Applicant2)

(App|icant3) (App|icant4)

otcc Liquor License Application (Rev 11201

Page 23 of 81

OREGON LIQUOR CONTROL COMMISSION

BUSINESS INFORMATION

Please Print or Type

Applicant Name ItET9 StPtT1gtsectgt Phone euroL FZFIVITrade Name (dba) THETAP 3 Tioixs

Business Location Address

City BEPEHDEMCF ZIP Code Ci73sectl

DAYSAND HOURS OF OPERATION

Business Hours Outdoor Area HoursSunday 7mdash- to E2314 Sunday

toMondairsquo __i T0_m MondayTU95daY A I0 E TuesdayWednesday i to WednesdayThursday 3 to

EIFriday __L to __jSaturday IS to I

The outdoor area is used for

KlsquoFood service

Aicohol service

Hours

to

area is adequately viewed andorused by Service Pennittees

(investigators Initials)

Seasonal Variations l31YesEl No if yes explain USEH-qkxig LQ1+JTiZHOOKZRuse Co-mgt-q HRS QceemdashClsquonpoundboeuroeuroeuroJiigtmecent HDUKB

ENTERTAINMENT Check anthat app|y DAYS amp HOURS OF LIVE OR DJ MUSIC

MLive Music E Karaoke

tE Recorded Music D CommdashoperatedGames sectrj3 tgDJ Music B Video Lottery Machines Tuesday to

Wednesday toD Dancing WSocial Gaming Thursday SIDSFriday g to D Nude Entertainers D Pool Tables Saturday 3 to I

D Other

SEATINGCOUNT

Restaurant Outdoor grCraquo OLCC USE ONLY

lsquobk Investigator Veried Seating__(Y) __(N)

Lounge _pound_ Other (explain)mvasgamllnmms

I

lsquo

Banquet Total Seating Date

I understand if my answei7euro)ote a complete the OLCC may deny my license application

Applicant SignatureU

-lsquo Date 3 Z3 lsquoT Z0101-800-452-OLCC (6522)

wwworegongovolcc yrsldquo 1207)Page 24 of 81

555 South Main Street Post Office Box 7 Independence OR 97351

Phone 503838-1212 Fax 503606-3282 email tpessemierciindependenceorus

TO Mayor and City Council FROM City Manager Tom Pessemier MEETING DATE April 14 2020 SUBJECT Approval of 5-year sales contract for

AXON services [ ] Information Only [ X ] Action Requested Statement of Issue A 5-year sales contract with AXON for body-worn cameras Tasers and digital cloud-based storage with software interface is submitted for council consideration Background In 2014 the City of Independence started using body worn cameras in the police department We started by testing different platforms selecting AXON as our preferred provider then negotiated a 5-year contract which was partially grant funded Our current contract expires this month and we have negotiated a new contract for Council consideration Discussion Included in the contract being considered today AXON provides body cameras and Tasers for our officers and CSOrsquos training and training aids and Taser devices for our patrol staff to wear while on patrol These devices are covered under a warranty for the life of the contract as well as a provision for camera replacement around the half-way point of the contract to the newest technology available Certification training for our instructor to be certified to train our staff and other training materials are also included The sales contract also includes software and cloud storage of video The AXON platform which we currently use allows us the ability to transfer video directly to the DArsquos office or others electronically rather than having to build DVDrsquos of video which has saved our records department a lot of time It also provides the ability for citizens to upload video directly to our AXON cloud as well as video redaction capabilities which allows us to comply with Oregon law

CITY OF INDEPENDENCE MEMORANDUM

Page 25 of 81

555 South Main Street Post Office Box 7 Independence OR 97351

Phone 503838-1212 Fax 503606-3282 email tpessemierciindependenceorus

Fiscal Impact The total 5-year contract cost is $131786 broken into annual payments of $26357 Funds are available for this fiscal year in the police department operating budget Funds would be included in the police department budget request for contract years 2-5 Options

1 Approve the contract as proposed 2 Approve the contract with amendments 3 Take no action

RecommendationSuggested Motion Staff recommends Option 1

ldquoI move to authorize the City Manager to sign a service contract for body worn cameras tasers and cloud storage with AXONrdquo Attachments

A Proposed AXON contract

Memo prepared by Robert Mason Police Chief

Page 26 of 81

Payment Terms Net 30

Delivery Method Fedex - Ground

Q-251225-43927723KP

Year 1

Item DescriptionTerm

(Months)Quantity

List Unit

Price Net Unit Price Total (USD)

Axon Plans amp Packages

20248 TASER 7 EVIDENCECOM ACCESS LICENSE 60 1 000 000 000

73687 EVIDENCECOM VIEWER LICENSE 60 1 000 000 000

73746 PROFESSIONAL EVIDENCECOM LICENSE 60 11 000 000 000

73686EVIDENCECOM UNLIMITED AXON DEVICE

STORAGE60 11 000 000 000

73683 10 GB EVIDENCECOM A-LA-CART STORAGE 60 110 000 000 000

73449 AWARE LICENSE 60 11 000 000 000

20248 TASER 7 EVIDENCECOM ACCESS LICENSE 60 11 000 000 000

20246TASER 7 DUTY CARTRIDGE REPLACEMENT

ACCESS LICENSE60 11 000 000 000

73683 10 GB EVIDENCECOM A-LA-CART STORAGE 60 10 000 000 000

73840 EVIDENCECOM BASIC ACCESS LICENSE 60 10 000 000 000

Hardware

20160TASER 7 HOLSTER - SAFARILAND RH+CART

CARRIER11 000 000 000

75015 SIGNAL SIDEARM KIT 11 000 000 000

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

Issued 04062020

Quote Expiration 05152020

Account Number 110011 Axon Enterprise Inc17800 N 85th St

Scottsdale Arizona 85255

United States

Phone (800) 978-2737

Protect Life

PRIMARY CONTACT

Justin Hedlund

Phone (503) 837-1109

Email hedlundjustinciindependenceorus

BILL TO

Independence Police Dept - OR

P O Box 7

Independence OR 97351

US

SHIP TO

Justin Hedlund

Independence Police Dept - OR

555 S Main Street

Independence OR 97351

US

SALES REPRESENTATIVE

Kyle Panasewicz

Phone (480) 905-2071

Email kylepaxoncom

Fax (480) 658-0673

Q-251225-43927723KP

1

Page 27 of 81

Year 1 (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware (Continued)

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

20014TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE STANDOFF (322 000 000 000

20015TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE CLOSE QUART22 000 000 000

20008TASER 7 HANDLE HIGH VISIBILITY (GREEN

LASER) CLASS 3R11 000 000 000

20040 TASER 7 HANDLE WARRANTY 4-YEAR 11 000 000 000

20018 TASER 7 BATTERY PACK TACTICAL 13 000 000 000

20041TASER 7 BATTERY PACK WARRANTY 4-

YEAR13 000 000 000

20042TASER 7 DOCK amp CORE WARRANTY 4-

YEAR1 000 000 000

70033WALL MOUNT BRACKET ASSY

EVIDENCECOM DOCK1 000 000 000

74200 TASER 7 6-BAY DOCK AND CORE 1 000 000 000

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)33 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)33 000 000 000

20016TASER 7 INERT CARTRIDGE STANDOFF

(35-DEGREE)1 000 000 000

20017TASER 7 INERT CARTRIDGE CLOSE

QUARTERS (12-DEGREE)1 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

73202 AXON BODY 3 - NA10 5 69900 63260 316300

74028 WING CLIP MOUNT AXON RAPIDLOCK 5 000 000 000

11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 5 000 000 000

Other

73810 OFFICER SAFETY PLAN 7 60 11 000 000 000

Not Eligible

TASER 7

INSTRUCTO

R COURSE

VOUCHER

Not Eligible TASER 7 INSTRUCTOR COURSE

VOUCHER1 000 000 000

Protect LifeQ-251225-43927723KP

2

Page 28 of 81

Year 1 (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Other (Continued)

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 132442 1456862

Not Eligible

TASER 7

MASTER

INSTRUCTO

R SCHOOL

VOUC

Not Eligible TASER 7 MASTER INSTRUCTOR

SCHOOL VOUCHER1 000 000 000

Not Eligible

Target and

Frame

Not Eligible Target and Frame 11 000 000 000

Not Eligible

Halt SuitNot Eligible Halt Suit 1 000 000 000

20135OCULUS GO STANDALONE VIRTUAL

REALITY HEADSET1 000 000 000

20247TASER 7 ONLINE TRAINING CONTENT

ACCESS LICENSE60 11 000 000 000

20249VR EMPATHY DEVELOPMENT AUTISM

SCHIZOPHRENIA ACCESS LICENSE60 11 000 000 000

73827 AB3 CAMERA TAP WARRANTY 60 5 000 000 000

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2118510

Estimated

Shipping000

Estimated Tax 000

Total 2118510

Year 1 - TAP Refresh

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

74210 AXON BODY 3 - 8 BAY DOCK 2 000 000 000

73202 AXON BODY 3 - NA10 11 000 000 000

74028 WING CLIP MOUNT AXON RAPIDLOCK 16 000 000 000

11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 11 000 000 000

73202 AXON BODY 3 - NA10 1 69900 000 000

74028 WING CLIP MOUNT AXON RAPIDLOCK 1 000 000 000

11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 1 000 000 000

Protect LifeQ-251225-43927723KP

3

Page 29 of 81

Year 1 - TAP Refresh (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Other

73828 AB3 8 BAY DOCK TAP WARRANTY 60 2 000 000 000

73827 AB3 CAMERA TAP WARRANTY 60 11 000 000 000

71019NORTH AMER POWER CORD FOR AB3 8-

BAY AB2 1-BAY 6-BAY DOCK2 000 000 000

73827 AB3 CAMERA TAP WARRANTY 60 1 000 000 000

Subtotal 000

Estimated Tax 000

Total 000

Year 1 - T7 Certification

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Axon Plans amp Packages

20248 TASER 7 EVIDENCECOM ACCESS LICENSE 60 6 000 000 000

20246TASER 7 DUTY CARTRIDGE REPLACEMENT

ACCESS LICENSE60 6 000 000 000

Hardware

20160TASER 7 HOLSTER - SAFARILAND

RH+CART CARRIER6 000 000 000

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

20014TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE STANDOFF (312 000 000 000

20015TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE CLOSE QUART12 000 000 000

20008TASER 7 HANDLE HIGH VISIBILITY (GREEN

LASER) CLASS 3R6 000 000 000

20040 TASER 7 HANDLE WARRANTY 4-YEAR 6 000 000 000

20018 TASER 7 BATTERY PACK TACTICAL 6 000 000 000

20041TASER 7 BATTERY PACK WARRANTY 4-

YEAR6 000 000 000

20016TASER 7 INERT CARTRIDGE STANDOFF

(35-DEGREE)1 000 000 000

20017TASER 7 INERT CARTRIDGE CLOSE

QUARTERS (12-DEGREE)1 000 000 000

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)18 000 000 000

Protect LifeQ-251225-43927723KP

4

Page 30 of 81

Year 1 - T7 Certification (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware (Continued)

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)18 000 000 000

20050 HOOK-AND-LOOP TRAINING (HALT) SUIT 1 75000 67875 67875

Other

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

Not Eligible

TASER 7

INSTRUCTO

R COURSE

VOUCHER

Not Eligible TASER 7 INSTRUCTOR COURSE

VOUCHER1 000 000 000

Not Eligible

Taser 7

Evidenceco

m Admin

License

Not Eligible Taser 7 Evidencecom Admin

License1 000 000 000

Not Eligible

TASER 7

MASTER

INSTRUCTO

R SCHOOL

VOUC

Not Eligible TASER 7 MASTER INSTRUCTOR

SCHOOL VOUCHER1 000 000 000

Not Eligible

Target and

Frame

Not Eligible Target and Frame 6 000 000 000

Not Eligible

Halt SuitNot Eligible Halt Suit 1 000 000 000

Not Eligible

for VR

Headset

Not Eligible for VR Headset 1 000 000 000

20247TASER 7 ONLINE TRAINING CONTENT

ACCESS LICENSE60 6 000 000 000

20249VR EMPATHY DEVELOPMENT AUTISM

SCHIZOPHRENIA ACCESS LICENSE60 6 000 000 000

80087TASER 7 TARGET CONDUCTIVE

PROFESSIONAL (RUGGEDIZED)1 15000 13575 13575

Protect LifeQ-251225-43927723KP

5

Page 31 of 81

Year 1 - T7 Certification (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Other (Continued)

20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 49500 44798 44798

Subtotal 517208

Estimated Tax 000

Total 517208

Year 1 - Trade In

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Other

20104 TASER 7 TRADE-IN UPFRONT PURCHASE 17 000 000 000

Subtotal 000

Estimated Tax 000

Total 000

Year 2

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

Other

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 172674 1899414

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2635722

Estimated Tax 000

Total 2635722

Protect LifeQ-251225-43927723KP

6

Page 32 of 81

Year 3

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

20014TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE STANDOFF (322 000 000 000

20015TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE CLOSE QUART22 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

20014TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE STANDOFF (312 000 000 000

20015TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE CLOSE QUART12 000 000 000

Other

73309 AXON BODY CAMERA REFRESH ONE 11 000 000 000

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 172674 1899414

73689 MULTI-BAY BWC DOCK MID REFRESH 2 000 000 000

73309 AXON BODY CAMERA REFRESH ONE 1 000 000 000

73309 AXON BODY CAMERA REFRESH ONE 5 000 000 000

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2635722

Estimated Tax 000

Total 2635722

Protect LifeQ-251225-43927723KP

7

Page 33 of 81

Year 4

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

Other

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 172674 1899414

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2635722

Estimated Tax 000

Total 2635722

Year 5

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

Protect LifeQ-251225-43927723KP

8

Page 34 of 81

Year 5 (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware (Continued)

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

Other

73310 AXON BODY CAMERA REFRESH TWO 11 000 000 000

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 172674 1899414

73688 MULTI-BAY BWC DOCK FINAL REFRESH 2 000 000 000

73310 AXON BODY CAMERA REFRESH TWO 1 000 000 000

73310 AXON BODY CAMERA REFRESH TWO 5 000 000 000

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2635722

Estimated Tax 000

Total 2635722

Grand Total 13178606

Protect LifeQ-251225-43927723KP

9

Page 35 of 81

Summary of Payments

Payment Amount (USD)

Year 1 2118510

Year 1 - TAP Refresh 000

Year 1 - T7 Certification 517208

Year 1 - Trade In 000

Year 2 2635722

Year 3 2635722

Year 4 2635722

Year 5 2635722

Grand Total 13178606

Discounts (USD)Quote Expiration 05152020

List Amount 15120900

Discounts 1942294

Total 13178606

Total excludes applicable taxes

Protect LifeQ-251225-43927723KP

10

Page 36 of 81

Notes

The parties agree that Axon is granting a credit of $306000 (applied to Year 1 Payment) for trade-in of CEW hardware This credit is based on a ship date range of 512020-

5152020 resulting in a 612020 contract start date Any change in this ship date and resulting contract start date will result in modification of this credit value which may

result in additional fees due to or from Axon

Axon BWC hardware contained in this quote is at zero cost as a TAP refresh of contracts 00004618 and 00010394 The parties agree that all TAP obligations of contracts

00004618 and 00010394 have been fulfilled

Purchase of TASER 7 are governed by the TASER 7 Agreement located at httpswwwaxoncomlegalsales-terms-and-conditions and not the Master Services and

Purchasing Agreement referenced below

Tax is subject to change at order processing with valid exemption

Axonrsquos Sales Terms and Conditions

This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axonrsquos Master Services and Purchasing Agreement

(posted at wwwaxoncomlegalsales-terms-and-conditions) as well as the attached Statement of Work (SOW) for Axon Fleet andor Axon Interview

Room purchase if applicable Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions By

signing below you represent that you are lawfully able to enter into contracts If you are signing on behalf of an entity (including but not limited to the

company municipality or government agency for whom you work) you represent to Axon that you have legal authority to bind that entity If you do not

have this authority please do not sign this Quote

Signature CustSIG Date CustDate

Name (Print) CustName Title CustTitle

PO (Or write

NA) CustPo

Please sign and email to Kyle Panasewicz at kylepaxoncom or fax to (480) 658-0673

Thank you for being a valued Axon customer For your convenience on your next order please check out our online store buyaxoncom

The trademarks referenced above are the property of their respective owners

Protect LifeQ-251225-43927723KP

11

Axon Internal Use Only

Review 1 Review 2

SFDC Contract

Order Type

RMA

Address Used

SO

Comments

Page 37 of 81

Page 38 of 81

555 South Main Street Post Office Box 7 Independence OR 97351Phone 503838-1212 Fax 503606-3282 email kjohnsonciindependenceorus

TO Mayor and City CouncilFROM Shawn Irvine Economic Dev Dir

MEETING DATE April 14 2020SUBJECT Resolution Rural Business

Development Grant Application

[ ] Information Only [ X ] Action Requested

Statement of Issue Staff is requesting Council approve a resolution supporting a grant application to fund the development of a shared-use commercial kitchen facility downtown

BackgroundFor several years the City has worked with local and regional partners to support entrepreneurship and the growth of small businesses These classes and programs have supported a number of successful businesses including several located downtown The past two years the City has partnered with IndyCommons ndash the downtown co-working space ndash to run a series of meetups and classes intended to identify potential business clusters within the communityrsquos entrepreneurs Food-based businesses were the top cluster identified

The mid-Willamette Valley is the largest and most diverse agricultural production region in the state with over 170 different crops being grown It also has a concentration of large and small value-added food products companies that leverage the diverse agricultural products for their businesses The USDArsquos Rural Business Development Grant program supports proposals that offer assistance and training for small businesses in rural communities

DiscussionOver the last decade development of a shared-use commercial kitchen has come up several times in the Cityrsquos regional economic development work These facilities allow licensed users to rent the space on an hourly basis for trying new recipes developing new products and small-scale production The ability to rent a licensed facility enables entrepreneurs to test their ideas and products prior to making the significant investment into building their own commercial kitchen While there has been strong and consistent interest in such a facility from entrepreneurs it is a complex enough project that nobody was willing to be the organizer and operator

IndyCommons opened four years ago successfully bringing the shared space co-working model to downtown Independence Last year the company spun off a new non-profit IndyIdeaHub to support entrepreneurship programming and development in the community and region With the success of the co-working space and the new non-profit IndyCommons is ready to tackle a shared-use commercial kitchen They have leased the neighboring space in their building and plan to operate a shared kitchen and event space with ldquomicro retailrdquo in the storefront Micro retail rents shelf space to entrepreneurs instead of an entire store reducing the startup cost for a new product company and enabling them to test the market for new products without the cost of renting an entire store The kitchen event space and micro retail

CITY OF INDEPENDENCEMEMORANDUM

Page 39 of 81

555 South Main Street Post Office Box 7 Independence OR 97351Phone 503838-1212 Fax 503606-3282 email kjohnsonciindependenceorus

space would work in concert creating a kind of food incubator while also drawing people downtown for pop up dinners and other events

IndyCommons is leasing the space and the Cityrsquos grant application would support the non-profitrsquos work to outfit and operate the kitchen while offering business development programs The grant will request approximately $90000 matched with funds from IndyCommons and a $60000 Rural Opportunity Initiative grant the City received through Business Oregon which supports programming for food-based entrepreneurship

While the City is requesting the grant and supporting development of this kitchen facility its users will not be limited just to Independence residents As with IndyCommons anyone willing to travel to the facility and pay the rental fee will be able to use it Programs and classes will also be open to anyone from the region

Fiscal Impact Staff time will be spent writing the grant and if awarded coordinating the project No City funds will be used as match for this project

Options1 Approve the resolution as submitted2 Approve the resolution with amendments3 Take no action

RecommendationSuggested MotionStaff recommends Option 1

Suggested motion ldquoI move to approve Resolution 20-1526 Authorizing the City to Apply for a Rural Business Development Grantrdquo

AttachmentsA Resolution 20-1526

Page 40 of 81

Page 1 of 2 Resolution 20-1526 Authorizes USDA Grant Application

BEFORE THE CITY COUNCIL OF THE CITY OF INDEPENDENCE

COUNTY OF POLK STATE OF OREGON

IN THE MATTER OF AUTHORIZING THE CITY ]OF INDEPENDENCE TO APPLY FOR A RURAL ]BUSINESS DEVELOPMENT GRANT FROM THE ]UNITED STATES DEPARTMENT OF AGRICULTURE ]FOR DEVELOPMENT OF A SHARED-USE ]COMMERCIAL KITCHEN FACILITY AND ]DELEGATING AUTHORITY TO THE CITY ]MANAGER TO SIGN THE APPLICATION ]

RESOLUTION 20-1526

A RESOLUTION AUTHORIZING APPLICATION FOR USDA GRANT

WHEREAS the USDA is accepting applications for its Rural Business Development Program and

WHEREAS the City of Independence has the capacity to administer the grant and desires to participate in this grant program to the greatest extent possible as a means of providing needed business development and entrepreneurship programming and

WHEREAS Staff have identified development of food-based businesses as a successful regional business cluster which could be expanded within the City of Independence and

WHEREAS local and regional economic development plans have identified a shared-use commercial kitchen as an important asset to reduce barriers to entry for food-based startup businesses and

WHEREAS the City of Independence has an existing partnership with IndyCommons to support entrepreneurship and business development within the community and

WHEREAS the City of Independence has available matching funds from the State of Oregonrsquos Rural Opportunity Initiative which will fund food-based business programming and services at the new kitchen facility and

Page 41 of 81

Page 2 of 2 Resolution 20-1526 Authorizes USDA Grant Application

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF INDEPENDENCE AS FOLLOWS

Section 1 The City Council demonstrates its support for the submittal of a grant application to the United States Department of Agriculture for development of a shared-use commercial kitchen and delegates authority to sign grant documents to City Manager Tom Pessemier

Section 2 This Resolution shall be effective following its adoption by the City Council

Passed by the City Council this 14th of April 2020

Effective Date April 14 2020Signed by the Mayor April 14 2020

__________________________John McArdle Mayor

ATTEST

_______________________Karin Johnson MMCCity Recorder

Page 42 of 81

555 South Main Street Post Office Box 7 Independence OR 97351Phone 503838-1212 Fax 503606-3282 email tpessemierciindependenceorus

TO Mayor and City CouncilFROM City Manager Tom Pessemier

MEETING DATE April 14 2020SUBJECT Approval of IGA Mid-Willamette Valley

Homeless Alliance Continuum of Care

[ ] Information Only [ X ] Action Requested

Statement of IssueAn Inter-Governmental Agreement concerning the Mid-Willamette Valley Homeless Alliance is submitted for council consideration

BackgroundIn 2019 the City of Independence along with the cities of Monmouth Keizer Salem the Salem-Keizer School District Polk and Marion counties and the Confederated Tribes of Grand Ronde and with the Mid-Willamette Valley Council of Governments (COG) formally organized the Mid-Willamette Valley Homeless Alliance (MWVHA) which serves as our regionrsquos Continuum of Care (CoC) The CoC is committed to the goal of preventing and ending homelessness within Polk and Marion counties The CoC was recognized by the US Housing and Urban Development Department (HUD) on 12-11-19 and to that end a formal Governance Charter was approved by the MWVHA Board of Directors on 2-13-20

The MWVHA Board of Directors is a collaboration of the members and the COG has provided administrative support for the member governments The MWVHA is not a legal entity and HUD regulations require a legal entity to serve as the Collaborative Applicant for a Continuum of Care therefore an ORS 190 entity (Inter-Governmental Agreement or IGA) is proposed to be formed to allow the member governments to contract with the COG to provide services and for the COG to be reimbursed

DiscussionTime is of the essence this IGA establishes the terms and conditions under which the member governments will coordinate to support the MWVHA through contracting with the COG to serve as the Collaborative Applicant This IGA is a short-term solution until a new entity is designated and would expire on August 13 2020

Fiscal ImpactNo additional fiscal impact Funds have been reservedbudgeted for this project

Options1 Approve the IGA as proposed2 Approve the IGA with amendments3 Take no action

RecommendationSuggested Motion

CITY OF INDEPENDENCEMEMORANDUM

Page 43 of 81

555 South Main Street Post Office Box 7 Independence OR 97351Phone 503838-1212 Fax 503606-3282 email tpessemierciindependenceorus

Staff recommends Option 1

ldquoI move to approve the cityrsquos participation in the ORS 190 concerning the Mid-Willamette Valley Homeless Alliance and to authorize the City Manager to sign the related documentsrdquo

AttachmentsA Interim IGAB COG Scope of WorkC MWHA Governance Charter

Memo prepared by Karin Johnson City Recorder

Page 44 of 81

1 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

1 PARTIES TO AGREEMENT

This Agreement by and between the Confederated Tribes of the Grand Ronde (ldquoGrand Ronderdquo) Marion County (ldquoMarionrdquo) Polk County (ldquoPolkrdquo) and the Cities of Independence (ldquoIndependencerdquo) Keizer (ldquoKeizerrdquo) Monmouth (ldquoMonmouthrdquo) Salem (ldquoSalemrdquo) the Salem-Keizer School District (ldquoSalem-Keizerrdquo) collectively the ldquoMember Governmentsrdquo and the Mid-Willamette Valley Council of Governments (ldquoCOGrdquo) is made pursuant to ORS 190010

2 AUTHORITY This Agreement is established under the authority of Oregon Revised Statutes (ORS) Chapter 190

3 BACKGROUNDa The Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo) was formed on

September 24 2019 and recognized by the US Housing and Urban Development Department (ldquoHUDrdquo) on December 11 2019 for the Polk County and Marion County region to carry out the purposes of the HUD Continuum of Care program described in 24 CFR Part 578

b The Alliance Charter was approved by the Alliance Board of Directors on February 13 2020 (Attachment 1)

c The Alliance is a collaboration of the Member Governments non-profit service organizations and community members and is not a legal entity

d The Member Governments have made financial contributions for the 2019-2020 Fiscal Year which are being managed by COG

e The Member Governments have agreed to make financial contributions to support the Alliance for the 2020-2021 Fiscal Year subject to budgetary approval as approved by the Alliance Board of Directors (Attachment 2)

f HUD regulations require a legal entity to serve as the Collaborative Applicant for a Continuum of Care such as the Alliance

g The COG has been providing administrative support and other resources for the Alliance including contract management for independent contractors engaged by COG at the request of the Alliance During this time the Member Governments have directly paid their contribution amounts to COG to manage those funds for the Alliance

h The COG has agreed on an interim basis to continue to provide administrative support and other resources in addition to serving as the Collaborative Applicant for

Page 45 of 81

2 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

the Alliance until an ORS 190 entity has been formed and designated by the Alliance Board of Directors to serve as the Collaborative Applicant

i The Alliance Board of Directors approved the execution of this Agreement for a term to expire on August 13 2020 to allow the Member Governments to contract with the COG to provide Collaborative Applicant services and reimburse COG for services

4 PURPOSE

The purpose of this Agreement is to establish the terms and conditions under which the Member Governments will coordinate to support the Alliance through contracting with COG to serve as the Collaborative Applicant for the Alliance pursuant to 24 CFR Part 578 The parties understand and agree that this Agreement serves as an interim solution to allow COG to serve as the Collaborative Applicant and be reimbursed for its costs until a new entity is designated

5 TERM AND TERMINATION

51 This Agreement shall be effective from the date upon which the last signature is affixed hereto and shall expire on August 13 2020 unless otherwise earlier terminated or extended

52 This Agreement may be terminated by mutual consent of all parties hereto Any such termination of this Agreement shall be without prejudice to any obligations or liabilities of any party already accrued prior to such termination

6 FUNDING AND BILLING

61 The Member Governmentsrsquo fiscal year 2020-2021 contributions as set forth in Attachment 2 shall be made to COG subject to the individual Member Governmentrsquos budgetary approval Nothing in this Agreement binds any Government Member to any specific financial contribution after the 2020-2021 fiscal year

62 COG shall be reimbursed for its expenses already incurred in support of the Alliance from January 1 2020 to the effective date of this Agreement COGrsquos expenses prior to July 1 2020 shall be reimbursed from the Member Governmentsrsquo Fiscal Year 2019-2020 contributions and COGrsquos expenses for the period of July 1 2020 to the termination of this Agreement shall be from the Member Governmentsrsquo Fiscal Year 2020-2021 contributions COG shall submit an invoice to the Alliance Board for its approval for COGrsquos Fiscal Year 2019-2020 expenses no later than August 30 2020 and shall submit an invoice to the Alliance Board for its approval for COGrsquos Fiscal Year 2020-2021 expenses no later than September 30 2020

63 COGrsquos expenses under this Agreement shall not exceed the total amount of funds contributed by the Member Governments and any contributions from other members of the Alliance donations or grants provided to COG for the benefit of the Alliance subject to the rates for specific services as set forth in the Scope of Work As set forth in the Scope of

Page 46 of 81

3 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

Work COG shall provide timely financial reports to the Alliance and shall ensure that expenses do no exceed available resources approved by the Member Governments through the Alliance Board

7 OBLIGATIONS UNDER THE TERMS OF THIS AGREEMENT

71 MEMBER GOVERNMENTS agree to

a Make timely payment to COGb Maintain good standing as a member of the Alliancec Collaborate in good faith with other Member Governments to create a new ORS 190

entity to serve as the Collaborative Applicant for the Alliance

72 COG agrees to

Serve as the Collaborative Applicant for the Alliance and perform other duties as established in the Scope of Work (Attachment 3)

8 DESIGNATION OF SUCCESSOR COLLABORATIVE APPLICANT

The Member Governments understand and agree that the Alliance is required to have a Collaborative Applicant as that term is defined in 24 CFR Part 57815 which must be a legal entity The Alliance Board has indicated a desire that the Member Governments form an intergovernmental entity to serve that purpose Time is of the essence to designate a successor Collaborative Applicant and the Member Governments agree to work cooperatively and in a timely manner to agree on the new Collaborative Applicant The Member Governments also agree they will create a new intergovernmental entity to serve in that role

9 COMPLIANCE WITH APPLICABLE LAWS

The parties agree that both shall comply with all applicable federal state and local laws and ordinances applicable to the parties and the work to be done under this Agreement The parties agree that this Agreement shall be administered and construed under the laws of the state of Oregon Nothing in this Agreement shall be considered a waiver of tribal sovereign immunity

10 NONDISCRIMINATION

The parties agree to comply with all applicable requirements of federal state and local civil rights statutes rules and regulations in the performance of this Agreement

11 HOLD HARMLESSThe parties agree to indemnify and hold harmless each other for from and against all claims costs expenses (including attorney fees) losses damages fines charges actions or other liabilities solely to the extent arising from their own intentional or negligent acts or those of their agents contractors or employees and to the extent applicable the above indemnification is

Page 47 of 81

4 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

subject to and shall not exceed the limits of the Oregon Tort Claims Act (ORS 30260 through 30300) and the Oregon Constitution The parties intend to provide reciprocal indemnity obligations The parties acknowledge that the Oregon Tort Claims Act does not limit the liability of Grand Ronde in the same manner as the other parties Accordingly the parties agree Grand Rondersquos indemnity shall not exceed the indemnification limits of any other party

12 INSURANCE

Each party shall insure or self-insure and be independently responsible for the risk of its own liability for claims within the scope of the Oregon tort claims act (ORS 30260 to 30300) The parties intend to provide reciprocal liability insurance obligations The parties acknowledge that the Oregon Tort Claims Act does not apply to Grand Ronde in the same manner as other parties Accordingly the parties agree that Grand Ronde shall self-insure in an amount consistent with the liability for claims of any other party

13 MERGER CLAUSEParties concur and agree that this Agreement constitutes the entire agreement between the parties No waiver consent modification or change to the terms of this agreement shall bind either party unless in writing and signed by both parties There are no understandings agreements or representations oral or written not specified herein regarding this agreement Parties by the signatures below of their authorized representatives hereby agree to be bound by its term and conditions

Page 48 of 81

5 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

THE CONFEDERATED TRIBES OF THE GRAND RONDE COMMUNITY OF OREGON

__________________________________ ________________________ Cheryle A Kennedy DateTribal Council Chairwoman

Page 49 of 81

6 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

CITY OF INDEPENDENCE

__________________________________ _____________________Tom Pessemier DateCity Manager

Page 50 of 81

7 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

CITY OF KEIZER

__________________________________ ________________________Christopher Eppley DateCity Manager

Approved as to form

________________________________________Keizer City Attorney

Page 51 of 81

8 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

CITY OF MONMOUTH

__________________________________ _____________________Chad Olsen DateInterim City Manager

Page 52 of 81

9 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

MARION COUNTY BOARD OF COMMISSIONERS

__________________________________Chair

__________________________________Commissioner

__________________________________Commissioner

Date _____________________

Page 53 of 81

10 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

POLK COUNTY BOARD OF COMMISSIONERS

__________________________________Commissioner

__________________________________Commissioner

__________________________________Commissioner

Date _____________________

Page 54 of 81

11 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

SALEM-KEIZER PUBLIC SCHOOLS

_____________________________________ _____________________Marty Heyen Chairperson Board of Directors DateSalem-Keizer Public Schools

Page 55 of 81

12 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

CITY OF SALEM

__________________________________ _____________________Steve Powers DateCity Manager

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13 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

__________________________________ _______________________Renata Wakeley DateActing Executive Director

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1

MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

SCOPE OF WORK FOR THE MID-WILLAMETTE VALLEY HOMELESS ALLIANCE COG shall undertake the following items in performance of this Agreement

1 Finance a Manage and process accounts payable and accounts receivable b Maintain records of project expenditures and revenues in COG financial

management system c Maintain copies of personal services contracts and other contracts for goods and

services under this Agreement d Provide monthly financial report to the Alliance Board e Provide support to and project financial statements in annual audit f Incorporate project expenditures and revenues into COG budget forecast prepare

budget documents for Alliance Board approval g Provide documentation of internal controls and other financial policies and

procedures to HUD upon request h Manage HUD planning grant when awarded Assure planning grant expenditures

made by the project are allowable per HUD regulations i Prepare any required financial reports associated with the planning grant j Accept and record Alliance member contributions and k Invoice members for annual project contributions and track contribution receipts

2 Administrative Support

a Attend Alliance Board meetings and executive committee meetings prepare draft minutes and maintain meeting records

b Assist the Alliance in scheduling meetings and other meeting-related tasks including merging documents for the meeting packet

c Schedule meeting space when available facilitate meeting logistics and preparation including setting up meeting space copying documents making name cards setting up laptop and PowerPoint equipment connecting participants through conference phone

d Maintain email lists in conjunction with the Alliance e Notice meetings per Public Meetings Law requirements f Assist the Alliance in preparing and disseminating a quarterly Alliance newsletter

COG is not responsible for creating or obtaining content for the newsletter and g Maintain Homeless Initiative web page on the COG website and provide up to six

(6) hours a month of IT support for the newly acquired and licensed Homeless Initiative web page

3 Executive Director Support

a Negotiate and approve goods and personal service contracts and contract amendments upon request of the Alliance

b Approve payments for monthly invoices c Provide executive level advice and support in working with the COG board of

directors and COG members d Authorize legal services upon request of the Alliance

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2

e Authorize IT services upon request of the Alliance f Attend MWVHA board meetings as needed and g Serve as the Collaborative Applicant for the 2020 NOFA process sign required

application documents

4 IT Support a Support development and maintenance of the Alliance website and b Other projects upon request of the Alliance and approval of Executive Director

5 Legal Services upon request of the Alliance and approval of Executive Director

6 Rates for services provided by COG are set forth COGrsquos fee schedule attached hereto as

Exhibit 1 (COG Board of Directors Resolution 2019-06) COG modifies its fee schedule annually on or about on July 1 of each year COG may modify the fees under this Agreement by not more than 15 for any individual fee upon adoption of a fee schedule for the 20-21 fiscal year and providing the Member Governments 10-daysrsquo notice of the modified fees The rates for services set forth herein apply to this Agreement and COG reserves the right to propose different rates in any future agreement pursuant to COGrsquos adopted fee schedule

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1

MID-WILLAMETTE VALLEY HOMELESS ALLIANCE GOVERNANCE CHARTER

FINAL ndash Approved by the CoC Development Council on 10-24-19 ratified by the Mid-Willamette Valley Homeless Alliance Board of Directors on 2-13-20

ARTICLE I CONTINUUM OF CARE NAME AND PURPOSE

A NAME OF THE CONTINUUM OF CARE (COC) The name of this organization is the Mid-Willamette Valley Homeless Alliance which serves as the regionrsquos Continuum of Care herein referred to as ldquothe CoCrdquo

B CONTINUUM OF CARE (COC) OVERVIEW 1 GEOGRAPHIC BOUNDARIES The CoC represents the geographic region within the boundaries of Marion

and Polk counties 2 PURPOSE The CoC is organized to carry out the purposes of the US Housing and Urban Development

(HUD) Continuum of Care program as described in 24 CFR Part 578 The CoC promotes communitywide commitment to the goal of preventing and ending homelessness provides funding for efforts by nonprofit providers and state tribal and local governments to quickly rehouse homeless individuals including unaccompanied youth and families while minimizing the trauma and dislocation caused to homeless individuals families and communities by homelessness promotes access to and effective utilization of mainstream housing and homeless services programs by homeless individuals and optimizes self-sufficiency among individuals and families experiencing homelessness Its work includes gathering and analyzing data to determine local needs of and resources available to people experiencing homelessness developing and prioritizing a menu of strategic responses collaboratively implementing a strategic plan promoting service coordination educating the public on homeless issues providing advice and input on homeless services operations leveraging resources for maximum impact and measuring and promoting strong program performance Through collaborative efforts of local and tribal governments school districts nonprofit organizations and other participating stakeholders the CoC seeks to develop an evidence-based system of services including stable housing designed to meet the unique and complex needs of adults youth children and families in Marion and Polk counties who are at risk of or are experiencing homelessness ICLE 3 ndash GEOGRAPHIC RE

ARTICLE II CONTINUUM OF CARE GOVERNANCE STRUCTURE

A BOARD OF DIRECTORS 1 NAME The name of the CoC governing board is the Mid-Willamette Valley Homeless Alliance Board of

Directors herein referred to as the ldquoCoC Boardrdquo or the ldquoBoardrdquo The CoC has established a governing board as required by 24 CFR part 5787(a)(3) The Board is responsible for the overall policy and direction of the CoC and may delegate responsibility for day-to-day operations to staff and committees

2 VOTING MEMBERSHIP The Board will consist of at least thirteen (13) voting members that have no

conflicts of interest as defined in Article III of this charter and 24 CFR part 57895 Board members will

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2

serve without compensation Board membership includes representation from the following organizations or subpopulations

a One representative from each of the following organizations

i Union Gospel Mission a faith-based organization ii The Confederated Tribes of Grand Ronde iii Local governments

(a) City of Independence (b) City of Keizer (c) City of Monmouth (d) Polk County

iv Salem-Keizer School District (24J) v Salem Health vi Homeless or formerly homeless individuals appointed by the Law Enforcement Assisted Diversion

Program and vii United Way of the Mid-Willamette Valley a nonprofit organization

b Two representatives from the City of Salem and Marion County In the alternative pursuant to

Section 11 of Article 2 Marion County and the City of Salem may appoint one representative who may exercise two votes

3 EX-OFFICIO BOARD MEMBERS In addition seven (7) ex-officio participants may serve as non-voting ex-

officio board members participating in discussions and representing such groups as a Marion County Salem and West Valley Housing Authorities b Mid-Willamette Valley Community Action Agency c Polk County Veteran Services and d Co-chairs of the CoC Collaborative Committee

4 BOARD SELECTION PROCESS

a The initial CoC Board of Directors will be nominated by the Development Council established by a 2019 Memorandum of Agreement in consultation with the stakeholders workgroup

b Each organization nominated for representation on the CoC Board will identify persons to serve who hold elected or senior staff roles in decision-making for that organization

c Members serve at the pleasure of the CoC Board d Any directors representing organizations newly added to the Board by amendment to this charter

will be nominated and confirmed by vote of the CoC board e Pursuant to 24 CFR part 5787(a)(3) the CoC Board will submit this written selection process to the

CoC Collaborative Committee described in Section D of this article and Board of Directors for review update and approval at least once every five (5) years

5 BOARD FINANCIAL CONTRIBUTIONS Each organization represented as a voting member on the CoC

board will contribute funds to supplement CoC operations contingent on the organizationrsquos budgetary

authority Contributions will be reviewed and approved annually by the CoC board

6 BOARD ALTERNATES Board members may designate an Alternate for a single meeting who can attend in the board memberrsquos place if the member must miss a meeting The Alternate must represent the same organization or subpopulation as the absent Board member Prior to the board meeting the absent Board member or his or her designee must communicate in writing to CoC staff confirming the Alternatersquos attendance and granting authority for the Alternate to vote

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3

7 TERMINATION The Board may remove any member when it determines it is in the interest of the CoC to do so Member terminations require a 23 vote of the appointed voting membership Reasons for removal include excessive absences from meetings conduct that is contrary to the Boardrsquos code of conduct or noncompliance with conflict of interest or other board policies

8 RESIGNATION Resignations by Board members shall be submitted in writing to CoC staff who will forward the resignation notice to board leadership Resignations will be announced at the next regularly scheduled board meeting For board positions representing designated organizations resignation is implied if a person seated on the board is no longer affiliated with the organization that appointed him or her The appointing organization is then responsible for assuring that another qualified person is appointed to represent that organization

9 MEETINGS Pursuant to 24 CFR part 5787(a)(1) the Board will meet at least semi-annually in conjunction with the CoC Collaborative Committee to conduct general CoC business Inclusive of these semi-annual joint meetings the board will meet at least quarterly and may meet more frequently at the call of the chair The CoC Board is a public body subject to the public meetings and record laws as stated in ORS Chapter 192 All meetings will be open to the public

10 QUORUM A majority defined as 50 plus one of the appointed voting Board membership will constitute a quorum for the transaction of all business at meetings Members may attend either in person or by conference call so long as persons in attendance and on the telephone can both hear and communicate with each other Members attending by telephone conferencing may be counted towards achieving a quorum

11 VOTING Each Board member will hold one vote on all matters brought before the board However in recognition of their significant financial contributions to the effort Marion County and the City of Salem may select two persons to represent each organizationrsquos interests on the CoC Board or in the alternative may select one representative who shall have two votes on any matter Board decisions shall be made by a majority of the total votes available to the entire appointed voting Board membership

12 NOTICE AND INCLUSION a The Board will provide for and give public notice reasonably calculated to give actual notice to

board members interested persons news media that have requested notice and general public notice Notice shall include the time and place for holding regular meetings The notice will also include a list of the primary subjects anticipated to be considered at the meeting Distribution of meeting notices will be in a manner that maximizes the potential of the public awareness of Board proceedings and for the public to participate in its deliberations

b Whenever possible matters resulting in a recommendation to the Board will be deliberated during a minimum of two meetings to assure maximum participation

c The Board encourages input to its deliberations and decision-making from a diversity of stakeholders including consumers and community members from diverse genders racial and ethnic origins cultural groups and geographic areas within the CoC boundaries CoC members are encouraged to bring ideas or concerns to the attention of the CoC Board and staff

d The Board will conduct outreach at least semi-annually with business organizations such as economic development forums chambers of commerce and Rotary clubs to inform business leaders about current issues surrounding homelessness and gather information from a business perspective

13 AGENDAS Items may be placed on a meeting agenda by any Board member or by CoC staff The agenda will be distributed to members and through public notice at least one week prior to a Board meeting

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4

B BOARD OFFICERS 1 CHAIR The Board will accept nominations and elect a chair annually The chair may be elected for

subsequent terms The chair will act as leader of the convened meeting and as the parliamentarian The chair will enforce Board policies and membership rules and will guide the conduct of public meetings The chair is the official Board representative and shall be the primary spokesperson to the media

2 VICE CHAIR The chair will select a vice chair with board consent In the absence of the chair the vice chair will assume the chairs responsibilities If neither the chair nor vice chair is available for a public meeting then the assembled quorum of the meeting will select a temporary chairperson to conduct the meeting

3 EXECUTIVE COMMITTEE LEADERSHIP The chair and vice chair serve as leaders of the CoC Executive Committee as described in Section E1

C STAFF RESPONSIBILITIES TO THE CoC BOARD

1 STAFF SUPPORTCOLLABORATIVE APPLICANT Subject to available funding for CoC operations Mid-

Willamette Valley Council of Governments (COG) will serve as the Collaborative Applicant described in

Article IV Section E and provide staff support that could be employees contractors and in-kind

support as well as in-kind materials and services to support the CoC To maintain a neutral role in

facilitating council meetings staff representing the COG will not hold authority to vote on matters

placed before the CoC Board

2 UNIFIED FUNDING AGENCY The CoC will seek designation as a Unified Funding Agency from the US

Department of Housing amp Urban Development

3 MEETING PREPARATION CoC staff is responsible for meeting preparation which includes

a Locating reserving and preparing the meeting space b Sending meeting notice agendas and minutes to the CoC distribution list one week prior to the

meeting and a reminder one day prior to the meeting c Compiling background materials and staff reports d Planning Board meetings in collaboration with the Executive Committee e Taking attendance at meetings and f Providing facilitation as needed

4 MINUTES CoC staff will serve as the CoC Board Administrator and prepare meeting minutes Minutes

will include a list of the members present motions proposals resolutions and orders proposed and their disposition the results of all votes and a vote by each member by name the substance of any discussions on any matter and reference to any document discussed at that meeting Minutes will be posted on the CoC website and distributed to the Board membership one week prior to the monthly meeting

5 RECORDS Pursuant to 24 CFR part 578103 and 24 CFR part 5785(b) staff will maintain CoC records to document compliance with HUD requirements including the following a Approved CoC governance charter that includes a written process to select the CoC board b Documentation of required reviews and updates including the annual charter review and review of

Board selection process every five years c CoC Board and committee rosters designating representation of sectors and subpopulations d Agendas and minutes of CoC Board committee subcommittee and workgroup meetings

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5

e Designation of a single Homeless Management Information System (HMIS) for the CoC f CoC applications for funds as set forth in 24 CFR part 5789 g Use of planning funds for eligible costs and other grant management documentation pursuant to 24

CFR part 57839 and h Completed and signed CoC conflict of interest forms required in Article III Section 5 of this charter

6 OTHER RESPONSIBILITIES CoC staff will maintain distribution lists distribute communications to CoC members and the community at large develop and maintain a CoC webpage support CoC committees and workgroups produce and submit applications for funds and perform other duties as assigned by the CoC Board to support the CoC

D CoC COLLABORATIVE COMMITTEE 1 PURPOSE The purpose of the CoC Collaborative Committee is to assist the Board in accomplishing the

responsibilities of the Continuum of Care as described in Article IV

2 MEMBERSHIP Participation in the Continuum of Care is open through the CoC Collaborative Committee to interested organizations and to interested individuals representing the community at large Member agencies will be responsible for identifying CoC representatives Participating agencies may have more than one person identified as a CoC representative Homeless and formerly homeless people are encouraged and supported to participate A roster of CoC Collaborative Committee participants will be maintained and posted on the CoC website

3 VOTING Each member organization and community at large member who has participated in at least two (2) meetings in the preceding twelve (12) months after the initial year of CoC operations shall have one vote at subsequent meetings on each matter submitted to a vote of CoC members To the maximum extent possible committee meetings shall operate on a consensus basis However members can request a majority vote on specific issues Agencies with more than one representative in attendance will determine in advance which representative will vote In all cases each member organization has only one vote

4 RESIGNATION Member agencies may resign from the CoC Collaborative Committee by sending a

written communication to CoC staff

5 CO-CHAIRS The CoC Board will appoint co-chairs to facilitate CoC Collaborative Committee meetings based on nominations from the CoC Collaborative Committee One co-chair will represent the public (governmental) sector and the other will represent the private (nongovernmental) sector Co-chairs will serve for two-year terms and may be reappointed by the Board

5 RECRUITMENT AND OUTREACH The CoC Board will publish and disseminate an open invitation at least annually for those within the CoC area to join as new CoC Collaborative Committee members CoC staff will document recruitment efforts The CoC Board will identify and address membership gaps in essential sectors and will recruit so that membership requirements are being met pursuant to 24 CFR part 5787 Outreach will be conducted to obtain representation from the following groups listed in 24 CFR part 5785(a)

a Nonprofit homeless assistance providers b Victim service providers c Faith-based organizations d Governments

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6

e Businesses f Advocates g Public housing agencies h School districts i Social service providers j Mental health agencies k Hospitals and health care organizations l Universities m Affordable housing developers n Law enforcement o Organizations that serve veterans p Homeless and formerly homeless individuals and q Other relevant organizations within the CoCrsquos geographic boundaries such as organizations and coalitions that serve unaccompanied youth employment councils substance abuse providers and early learning hubs

E COMMITTEES AND WORKGROUPS 1 STANDING COMMITTEES AND WORKGROUPS The CoC Board will appoint members representing

organizations participating in the CoC Collaborative Committee to the standing committees and workgroups listed in this section as E1 a through d The Board will also designate chairs or co-chairs to facilitate committee or workgroup meetings CoC staff will be assigned to take notes at committee and workgroup meetings and assure that CoC policies and processes are followed CoC staff will also maintain lists of committee and workgroup membership and post the lists to the CoC webpage a PERFORMANCE AND EVALUATION COMMITTEE The Performance and Evaluation Committee shall

review and recommend to the Board the policies timelines and scoring tools for application review and ranking process as part of the Continuum of Care competition for funds The Performance and Evaluation Committee shall also be responsible for monitoring and reviewing CoC-funded projects and general system performance The Performance and Evaluation Committee shall make recommendations to the CoC Board to improve system performance with input from the CoC Collaborative Committee Members of this committee may not have a conflict of interest described in Article III and may not be recipients of HUD funds i The CoC Board will appoint a subcommittee of not fewer than five (5) Performance and

Evaluation Subcommittee members to review and rank project applications during the annual process described in Article IV Section E

ii The Board will strive to appoint subcommittee members who are knowledgeable about homelessness and housing in the region and representative of relevant sectors subpopulations and geographic areas of the region

iii Subcommittee members must have completed conflict of interest forms on file with CoC staff affirming that they are not employees or do not have a business relationship or other conflicts of interest as described in Article III

iv Subcommittee members must be willing to dedicate time for application review and subcommittee meetings during the application process

b COORDINATED ENTRY COMMITTEE The Coordinated Entry Committee creates the policies and

procedures for the CoCrsquos coordinated entry system The committee is also responsible for monitoring the progress of organizations implementing coordinated entry to ensure it is functioning effectively arranging for technical assistance to participating organizations and recommending changes as necessary The committee shall recruit agencies for participation in coordinated entry

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7

c HMIS USERS WORKGROUP The HMIS Users Workgroup consists of representatives from organizations using the Homeless Management Information System (HMIS) The workgroup is co-chaired by the HMIS Lead organization or its designee and the HMIS Designated Coordination Entity as described in Article IVB2 The workgroup shall monitor the progress of organizations using HMIS develop strategies for improving HMIS ease of use troubleshoot data reporting and data quality issues and review and make recommendations on HMIS policies and protocols to the HMIS Lead HMIS Coordination Entity and CoC Board

d POINT-IN-TIME COUNT WORKGROUP The Point-in-Time Count workgroup shall work with the

HMIS Coordination Entity named in Section D2 to organize and conduct the Point-in-Time count including recruitment training and support of volunteer outreach workers for the event

2 SPECIAL COMMITTEES AND WORKGROUPS The Board may authorize the formation of special

committees or workgroups as necessary to deal with specific problems or issues as the Board believes appropriate The Board will appoint members to special committees and workgroups These special committees or workgroups will be time limited and be provided a scope of work from the Board Special committees and workgroups will report their findings and recommendations to the Board upon request or upon the conclusion of their work

3 EXECUTIVE COMMITTEE The Executive Committee is composed of the chair vice chair and at least

three additional Board members The committee works closely with staff to guide the work of the CoC Board Committee members may not serve on the Performance and Evaluation Committee Committee responsibilities include the following a Prepare meeting agendas and ensure matters are ready for Board meetings b Act on matters when authority has been delegated by the full Board to do so and c Act on time sensitive administrative matters that require a decision between Board meetings with

notice provided to all Board members prior to taking action and with the action(s) to be ratified at the next Board meeting Time sensitive administrative matters include but are not limited to required municipal state or federal reports and letters of support associated with grant applications Action will not be taken under this subsection if any Board member notifies the Board Chair of the members objection prior to the Executive Committees action on a time sensitive matter

4 APPEALS COMMITTEE The Board may appoint a committee of three (3) Board members to review and

make appeal decisions during the application process described in Article IV Section E Those appointed to the Appeals Committee may not have participated in the rank and review process must have signed conflict of interest forms on file with CoC staff and must affirm upon committee appointment that they do not have conflicts of interest with agencies applying for CoC Program funding In the alternative the Board may also delegate this responsibility to the Executive Committee

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8

ARTICLE III CONFLICT OF INTEREST AND CODE OF CONDUCT

NUUM OF CARE GOVERNANC A CONFLICT OF INTEREST

1 GENERAL PROVISIONS A conflict of interest is a situation in which a CoC Board member or one of his or her family members has a personal or financial interest that compromises or could compromise the Board or committee memberrsquos independence of judgment in exercising his or her responsibilities to the CoC It is the position of this CoC that conflicts of interest shall not compromise the CoCrsquos work and that even the appearance of a conflict shall be avoided in all circumstances

2 ADHERENCE TO CONFLICT OF INTEREST POLICY CoC Board and committee members are expected to adhere to the CoC Conflict of Interest Policy which requires the member to minimize conflicts of interest disclose ethical legal financial and other conflicts and remove themselves from decision-making if they would otherwise be called on to act on a conflict involving themselves their family members or entities with which they or their family members are closely associated Under the policy Board members are required to disclose actual or potential conflicts of interest as well as certain relationships and transactions No CoC Board member may participate in or influence discussions or resulting decisions concerning the award of a grant or other financial benefits to the organization that the member represents pursuant to 24 CFR part 57895

3 DEFINITIONS The CoC will assure that Board and committee members acknowledge the federal and state definitions of conflict of interest and are in full compliance with state and federal law a Conflict of Interest definitions aligning with federal statute are

i Conflict of Interest generally means a situation in which a Board member or his or her immediate family member has directly him- or herself or indirectly through another individual or entity a personal or financial interest that compromises or could compromise the Board memberrsquos independence of judgment in exercising his or her responsibilities to the CoC

ii Prohibited Conflict of Interest means a conflict of interest that would prevent a Board member from serving on the Board or participating in any of the Board activities A Board member who has a potential or actual Prohibited Conflict of Interest must resign from the Board Prohibited Conflicts of Interest include CoC compensation and employment loans federal employee status use of CoC equipment facilities assets or staff time for non-CoC purposes and acceptance of gifts gratuities favors or anything of monetary value

iii Issue-Specific Conflict of Interest means a conflict of interest that would prevent a Board member from voting on or being present during the discussion of a specific issue such as votes on contracts and CoC leadership

b Oregon Revised Statutes Chapter 244 defines actual and potential conflict of interests for members

of public bodies No Board or committee member shall participate in a decision in which he or she has a private pecuniary interest Affected members shall disqualify themselves from participation by written notification to the Board as required by ORS 244120

i A potential conflict of interest exists when a Board or committee member takes an action that

reasonably could be expected to have a financial impact on that member a relative or a business with which the member or members relative is associated The member may participate in an action after declaring the potential conflict and announcing its nature

Page 72 of 81

9

ii An actual conflict of interest exists when an action is reasonably certain to result in a special benefit or detriment to the member a relative or a business with which the member or members relative is associated The member will declare the actual conflict and announce its nature The member must then refrain from taking any official action except when the members vote is necessary to achieve a quorum When a vote is necessary to achieve a quorum the member may vote but may not participate in any discussion or debate on the issue out of which the actual conflict arises

4 PENALTIES A Board member who purposefully conceals a conflict of interest refuses to recuse him- or

herself from voting or engages in other conduct that violates the CoC Conflict of Interest policy will be subject to removal from the Board

5 ANNUAL DECLARATION Board and committee members are to annually receive a copy of the CoC Conflict of Interest Policy sign the CoCrsquos Conflict of Interest form and submit the form to CoC staff

B B CODE OF CONDUCT 1 GENERAL PROVISIONS CoC members are expected to observe the highest standards of ethical conduct

in the execution of their responsibilities to conduct themselves with courtesy and respect and to refrain from harassment intimidation discrimination and physical or verbal abuse

2 CONFIDENTIALITY CoC members must respect and maintain the confidentiality of sensitive information

they may gain from their association with the CoC This may include personal information about community members experiencing homelessness

3 RESPONSIBILITY AND INTEGRITY In the performance of their duties CoC members are expected to carry out CoC duties to the best of their abilities and to maintain the highest standards of integrity for actions with other CoC members including CoC Board members service providers service recipients and members of the general public CoC Board and committee members shall put forth honest effort in the performance of their duties to advance the CoCrsquos mission exercising sufficient control and supervision over matters for which they are individually responsible and should not do anything to bring the full CoC or its members into disrepute

4 MISUSE OF POSITION Misuse of position is prohibited A CoC member must not use his or her position with the CoC for personal gain or for the benefit of family or friends

5 COMMUNICATIONS CoC members shall make clear when communicating publicly or with the media whether they are speaking in their own name on behalf of their agency or organization or on behalf of the CoC if the CoC Board has empowered them to speak on the CoCrsquos behalf

6 WASTE FRAUD AND ABUSE CoC members shall disclose waste fraud abuse and corruption in the operation of the Continuum of Care to appropriate authorities

7 EQUAL OPPORTUNITY CoC Board members shall adhere to laws and regulations that provide equal opportunity for all people regardless of race color religion gender identity national origin ethnicity sexual orientation age or disability

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10

8 PENALTIES This Code of Conduct will be distributed annually to CoC members Members in violation of any portion of this Code of Conduct will be subject to disciplinary action which could include immediate termination from the CoC Board or CoC committees

9 ANNUAL DECLARATION Board members are to annually receive a copy of the Code of Conduct acknowledge receipt by signing a form and submit a copy of the signed form to CoC staff

O ARTICLE II CONTINUUM FCARE GOVERNANCE STRUCTURE

ARTICLE IV OPERATING THE CONTINUUM OF CARE

A CoC RESPONSIBILITIES The CoC Board is responsible for assuring that the following responsibilities are accomplished with broad participation from CoC stakeholders

1 Hold meetings of the full membership with published agendas at least semi-annually pursuant to 24 CFR part 5787(a)(1)

2 Make an invitation for new members to join the CoC publicly available within the geographic area at least annually pursuant to 24 CFR part 5787(a)(2)

3 Adopt and follow a written process to select a board to act on behalf of the CoC The process must be reviewed updated and approved by the CoC at least once every five (5) years pursuant to 24 CFR part 5787(a)(3)

4 Appoint additional committees subcommittees or workgroups pursuant to 24 CFR part 5787(a)(4)

5 In consultation with the Collaborative Applicant and HMIS Lead develop follow and update annually a governance charter which will include all procedures and policies needed to comply with Subpart B of part 5787 and with HMIS requirements as prescribed by HUD and a code of conduct and recusal process for the board its chair(s) and any person acting on behalf of the board pursuant to 24 CFR part 5787(a)(5)

6 Consult with recipients and subrecipients to establish performance targets appropriate for population and program type monitor recipient and subrecipient performance evaluate outcomes and take action against poor performers pursuant to 24 CFR part 5787(a)(6)

7 Evaluate outcomes of projects funded under the Emergency Solutions Grants (ESG) program and the CoC program and report to HUD pursuant to 24 CFR part 5787(a)(7)

8 In consultation with recipients of Emergency Solutions Grants program funds within the geographic area establish and operate either a centralized or coordinated assessment system that provides an initial comprehensive assessment of the needs of individuals for housing and services The CoC must develop a specific policy to guide the operation of the centralized or coordinated assessment system on how its system will address the needs of individuals and families who are fleeing or attempting to flee domestic violence dating violence sexual assault or stalking but who are seeking shelter or services from nonvictim service providers This requirement along with requirements established by HUD by notice is pursuant to 24 CFR part 5787(a)(8)

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11

9 In consultation with recipients of Emergency Solutions Grants program funds within the geographic

area establish and consistently follow written standards for providing CoC assistance as further described in 24 CFR part 5787(a)(9)

10 Designate and operate a single Homeless Management Information System (HMIS) for the geographic area including designating a single system and an HMIS lead reviewing revising and approving a privacy plan security plan and data quality plan for the HMIS ensuring consistent participation of recipients and subrecipients in the HMIS and ensuring that the HMIS is administered in compliance with HUD requirements pursuant to 24 CFR part 5787(b)

11 Develop a CoC plan that includes coordinating the implementation of a housing and service system that meets the needs of homeless individuals including unaccompanied youth and families The system shall include at a minimum outreach engagement assessment shelter housing supportive services and prevention strategies pursuant to 24 CFR part 5787(c)(1)

12 Plan for and conduct at least biennially a Point-in-Time Count of homeless persons within the geographic area as described in 24 CFR part 5787(c)(2)

13 Conduct an annual gaps analysis of the homeless needs and services available within the geographic area pursuant to 24 CFR part 5787(c)(3)

14 Provide information required to complete the Consolidated Plan(s) within the CoCrsquos geographic area pursuant to 24 CFR part 5787(c)(4)

15 Consult with state and local government Emergency Solutions Grants program recipients within the CoCrsquos geographic area on the plan for allocating Emergency Solutions Grants program funds and reporting on and evaluating the performance of Emergency Solutions Grants program recipients and subrecipients pursuant to 24 CFR part 5787(c)(5)

16 Prepare an application for funds that includes a collaborative process in response to a Notice of Funding Availability (NOFA) published by HUD under 24 CFR part 57819

17 OF THE COC AND THE COC BOARD

B CoC REPORTS The CoC Board shall approve the following reports and documents prior to releasing such reports and documents to the community

1 CoC Program Project Priority List 2 Inventory of Homeless Services 3 Annual or Biennial Point-in-Time Count Report 4 Housing Inventory Chart 5 Longitudinal Systems Analysis (LSA) and 6 Homeless Coordinated Entry System Report

Page 75 of 81

12

C CoC CORRECTIVE ACTIONS PROCESS 1 ANNUAL PROGRAM REVIEW CoC funded programs or projects will be reviewed by the Performance

and Evaluation Committee annually with findings reported to the CoC Board 2 RESPONSES TO IMPROVE PROGRAM PERFORMANCE

a Should the Board determine that a program is not meeting established performance measures staff will notify the program or project in writing The organization overseeing the program or project will have the opportunity to provide additional performance information within 30 days of receipt of the CoC notification

b If the program or projectrsquos performance is related to certain items as determined by the CoC Board such as late Annual Performance Report submissions unused funding low utilization low exits to permanent housing low scores on income measures or alignment of program participation with wait list protocols the CoC Board may place a program on probation to improve its performance

c During the probationary period the CoC will enter into a Performance Improvement Agreement with the program or project needing improvement listing specific expectations and timeline

d CoC staff will facilitate technical assistance as needed and available as part of the Performance Improvement Agreement The organization overseeing the program or project is responsible for requesting specific assistance in low-scoring performance areas and requesting clarifications from the CoC about performance measures and expectations

e The length of the probationary period will be proposed by the Performance and Evaluation Committee negotiated by CoC staff and approved by the CoC Board Extensions may be requested for extenuating circumstances and are subject to Board approval If the program or project does not fulfill the agreed-upon expectations included in the Performance Improvement Agreement the Board may reduce funding or ranking may reject future applications from that program or project for HUD CoC Program funds or other remedies approved by HUD

D DESIGNATING AND OPERATING A HOMELESS MANAGEMENT INFORMATION SYSTEM

1 HMIS PURPOSE The primary purpose of the CoCrsquos Homeless Management Information System (HMIS) is to aggregate data on homelessness across Marion and Polk counties to accurately describe the regionrsquos scope and evaluate the effectiveness of efforts to reduce and end homelessness The CoC uses HMIS to a Understand the characteristics and service needs of homeless people b Analyze how homeless people use services c Evaluate program effectiveness and outcomes d Improve access to and delivery of services for people experiencing homelessness and e Strengthen community planning and resource allocation

2 DESIGNATED HMIS ROLES Oregon Housing amp Community Services (OHCS) is designated as the HMIS Lead AgencyAdministrator Portland Housing Bureau is the vendor that provides the licensed software for the HMIS system Mid-Willamette Community Action Agency is designated as the CoC regionrsquos HMIS Coordination Entity designated by the HMIS Lead to coordinate data collection and data analysis for the region The CoC Board oversees the work of the HMIS partners

3 HMIS DECISIONMAKING AUTHORITY HMIS decisions which affect local CoC operations are made by the

HMIS Administrator in consultation with the HMIS Users Workgroup and HMIS Coordination Entity HMIS decisions which affect CoCs participating in statewide HMIS implementation will be made by the Northwest Social Services Connections Committee with representation from each CoC in Oregon The

Page 76 of 81

13

HMIS Lead will keep CoC staff informed of issues and decisions and will provide a summary of key decisions to the CoC Board at least annually

4 HMIS LEAD RESPONSIBILITIES Oregon Housing amp Community Services as HMIS Lead works closely with

the CoC and is responsible for maintaining the CoCrsquos HMIS system in compliance with HUD standards OHCS is responsible for coordinating the following activities a Providing operation security maintenance system auditing and technical support of HMIS central

hardware software and connectivity b Executing a written HMIS Participation Agreement with each Contributing HMIS Organization (CHO)

which includes the role obligations and authority of the HMIS Lead and the organization and requirements to comply with security privacy and data quality plans

c Setting up and managing user accounts access levels and passwords d Providing technical and user support for HMIS software including agency account set-up system

monitoring and testing problem diagnosis and resolution and routine software and information maintenance

e Providing and coordinating ongoing training and technical support for the system f Ensuring consistent HMIS participation by CoC and Emergency Shelter Grant (ESG)recipients and

subrecipients g Maintaining and updating a Privacy Plan Security Plan and Data Quality Plan h Ensuring the accuracy of data including regularly assessing that all participating agencies are

accurately and comprehensively capturing participant entry and exit dates and providing technical assistance to correct data quality challenges

i Coordinating regular end user meetings ie HMIS Users Workgroup meetings to discuss software updates data entry report writing and system management issues

j Serving as point of contact for end user questions and concerns k Assessing compliance with the CoCrsquos HMIS Policies and Procedures Manual l Maintaining contact with the software product developer to ensure consistent and uniform

communication among product support personnel and the community m Generating information on the communityrsquos homeless and housing situation for community

planning advocacy and funder reporting requirements n Assisting end users in the creation of custom reports and queries o Providing regular aggregate data reports to participating agencies CoC staff and the CoC Board p Reviewing and implementing product upgrades q Completing the Annual Homeless Assessment Report r Conducting regular data quality checks and providing reports to the CoC Board and s Serving as the applicant to HUD for grant funds to be used for HMIS activities for the CoCrsquos

geographic area as approved by the CoC Board

5 PROVIDER PARTICIPATION Any organization within the CoC geographic region that receives Continuum of Care Program and Emergency Solutions Grant (ESG) funds must participate in HMIS as a Contributing HMIS Organization (CHO) In addition the CoC encourages all providers of services to homeless individuals and families within the CoC geographic area regardless of whether they receive CoC or ESG funds to become a CHO and include their data in HMIS

6 HMIS MANUAL To ensure compliance with HUD requirements the HMIS Lead in collaboration with the

HMIS Coordination Entity HMIS Users Workgroup and other stakeholders is responsible for developing and annually reviewing and updating the CoCrsquos HMIS Policies amp Procedures Manual The manual provides the framework for the ongoing operations of the HMIS system It includes the CoCrsquos privacy data quality and security plans for the HMIS system At any time the HMIS Lead HMIS Coordination Entity HMIS Users Workgroup or CoC Collaborative Committee may identify elements of policies or

Page 77 of 81

14

procedures or other HMIS-related plans that need to be revised Recommendations for revisions are to be submitted to the HMIS Lead The HMIS Lead will present the HMIS Policies amp Procedures Manual to the CoC Board annually or more frequently if significant substantive changes are proposed

E PREPARING AN APPLICATION FOR FUNDS 1 PURPOSE A major function of the Continuum of Care is to prepare and oversee the applications for CoC

funds administered by HUD under the McKinney-Vento Homeless Assistance Act The CoC Program is designed to assist individuals and families experiencing homelessness and to provide the services needed to help them move into housing with the goal of long-term stability The CoC Program funds important housing and services programs such as permanent housing (including permanent supportive housing and rapid re-housing) transitional housing and supportive services programs HUD CoC Program funds are granted annually based on a national competition following the release a Notice of Funding Availability (NOFA) Recipients of Emergency Solutions Grant funds another homeless assistance grant administered under the McKinney-Vento Act are required by HUD to coordinate with the CoC The CoC addresses that requirement through coordinating with the ESG review and ranking process and ESG scoring tool development

2 COLLABORATIVE APPLICANT The Mid-Willamette Valley Council of Governments (COG) is designated as

the CoC Collaborative Applicant and is responsible for leading and supporting all aspects of the annual HUD CoC NOFA application process including submission of the Consolidated Application

3 PROJECT REVIEW PROCESS

a Immediately after HUDrsquos Continuum of Care Program NOFA is released the Collaborative Applicant will coordinate and carry out the activities needed to successfully submit a Consolidated Application on behalf of the CoC

b Tasks required for project review in preparation for NOFA submission include the following

i Prior to the NOFA release the Collaborative Applicant will develop a draft timeline for the NOFA process and design scoring tools and any corresponding local application materials to assist in the review and ranking of renewal and new project applicants Review and ranking materials will take into consideration both local and HUD priorities

ii Scoring tools and the draft timeline will be reviewed by the Performance and Evaluation Committee and recommended to the CoC Board for approval

iii Upon publication of the NOFA the Collaborative Applicant will schedule and publicize a date and time for a Technical Assistance Workshop and finalize the timeline and priorities for the NOFA process

iv Applicants may participate in the Technical Assistance Workshop At the workshop the Collaborative Applicant will present an overview of the NOFA and the process for reviewing and ranking applications The orientation will describe HUD application requirements supplemental local application materials the scoring tool and applicable deadlines and dates Applicants will also have an opportunity to ask questions The CoCrsquos NOFA timeline and application materials will be posted in the CoC webpage

v Applicants will complete and submit application materials by the established deadline vi Late applications will not be accepted vii As an exception to Article IVD3bvi applicants with significant extenuating circumstances may

submit a petition to CoC staff for an extension Extensions require the approval of the CoC Board or the CoC Executive Committee if delegated the authority for this purpose by the Board It is anticipated that exceptions will be granted in very rare circumstances and not applied in

Page 78 of 81

15

situations where advance planning could have resulted in the application being submitted timely

viii Incomplete applications cannot be supplemented with more information or materials to reach a level of completeness once submitted to the CoC for review and ranking but must be completed prior to HUD submission if selected for funding

ix A subcommittee of the Performance and Evaluation Committee is appointed by the CoC Board to review and rank project applications as described in Article II Section E Subcommittee members receive and review application and scoring materials prior to the subcommittee meeting in preparation to score each programrsquos application

x The subcommittee of the Performance and Evaluation Committee meets to jointly discuss and critique each application and may interview applicants as part of the meeting If applicant interviews are included in the review process all applicants must have the opportunity for an interview After discussion and any applicant interviews subcommittee members individually score applications based on the scoring tools

xi A preliminary ranked list is created by the following procedures (a) A ranked list is prepared based on a composite of raw scores for each application (b) Applications that do not meet certain threshold requirements as detailed on the scoring

tool will not be included on the ranked list (c) If the NOFA makes available bonus funds in a program area the highest scoring eligible

projects will be designated for bonus funding in those relevant program areas xii The CoCrsquos goals for priority funding are to promote high-performing projects in alignment with

community and federal priorities Scoring tools will reflect the communityrsquos implementation of local and federal priorities as determined by the CoC Board

xiii Scores and subcommittee feedback on applications are sent to applicants along with a reminder of the appeals process and deadline by the established deadline

4 REALLOCATION OF FUNDS HUD encourages CoCs to reallocate funds from projects with substandard

performance to higher priority community needs that also align with HUD priorities and goals Prior to the release of the NOFA the Performance and Evaluation Committee facilitates a reallocation discussion in consultation with the CoC Collaborative Committee and CoC Board Scenarios for potential reallocation decisions based on the CoCrsquos gaps analysis and strategic plan are provided to the Performance and Evaluation Subcommittee to consider during the ranking process Final reallocation decisions are approved by the CoC Board

5 APPEALS a APPEALS COMMITTEE As described in Article II Section E appeals are considered by the Appeals

Committee or Executive Committee as designated by CoC Board The Appeals Committee will be established only if an applicant requests an appeal

b ELIGIBILITY TO APPEAL Eligible applicants have the opportunity to appeal both their scores and

preliminary rankings prior to the ranked list being finalized and approved by the CoC Board i The following applicants are eligible to appeal

(a) An applicant that receives less funding than applied for (b) An applicant that is ranked below Tier 1 (c) An applicant that is ranked in the bottom third of Tier 1 (d) An applicant that believes its score is not reflective of the application information provided

or (e) An applicant that can describe bias or unfairness in the process that warrants the appeal

ii Applicants that have not met the threshold requirements are not eligible to appeal

Page 79 of 81

16

c APPEALS PROCESS i Appeals must be received in writing with supporting documentation by the established

deadline ii Notices of appeal must be based on the information submitted by the application deadline No

additional or new information will be considered iii The notice of appeal must include a written statement specifying in detail the grounds and

rationale asserted for the appeal iv Valid appeals will be read reviewed and evaluated by the Appeals Committee that will meet to

consider and deliberate appeals based on the applicantrsquos appeal statement and the application materials that the applicant originally submitted to the CoC

v The Appeals Committee will make modifications to the preliminary list based on the results of the appeals process Appeals Committee decisions must be supported by a 23 majority vote

vi The appealing agency will receive a written decision of the Appeals Committee within two (2) business days of the Appeals Committee meeting

vii Appeals Committee decisions result in the final prioritized list submitted for approval to the CoC Board

6 FINAL PRIORITIZED LIST OF APPLICATIONS

a A final ranked project list is submitted to the CoC Board for review and approval after appeals have been determined and the Appeals Committee has made any modifications to the preliminary prioritized list Any Board member with a conflict of interest must recuse himself or herself from all related discussions and abstain from voting on the final priority list As stated in Article II Section A and Article III Board members with conflicts of interest are subject to removal from the Board

b The Collaborative Applicant submits the CoCrsquos approved Consolidated Application to HUD prior to the HUD NOFA deadline

c Conditional award funding is typically based upon the prioritized list of Project Applicants that is submitted however actual awards and award amounts are determined by HUD

ARTICLE V CHARTER AMENDMENTS

1 PROCESS This governance charter may be amended at any CoC Board meeting by a 23 majority vote of the appointed voting Board membership Copies of proposed amendments will be available for review at least one week prior to the Board meeting at which the proposed amendments are considered The Board will seek prior review and recommendation by the CoC Collaborative Committee of any amendments to the charter unless circumstances require an immediate change In the latter situation CoC staff will provide an explanation of the circumstances and provide opportunity for comments and input prior to and as part of the Board meeting

2 FREQUENCY OF REVIEW The CoC Collaborative Committee and Board will review this charter annually

Page 80 of 81

PENDING CITY COUNCIL AGENDA ITEMS 04092020

APRIL 14 2020 - 630 PM APRIL 28 2020 - 630 PM

Agenda items due 1000 am 040920 Agenda items due 1000 am 042320

raquo Hearing amp ord Code changes (comm stds) (Fred)

raquo OLCC appl - The Tap Station (Hedlund) raquo Ordinance - code changes (HPC)

raquo Cherriotts Bus Stop Parking (Kie) raquo Liquor licensing policy

raquo Homeless Alliance IGA (Tom) raquo Alcohol concessions contract (Tom)

raquo AXON contract (Bob) raquo Event Center contract (TomShawn)

raquo Res 1526 USDA grant application (Shawn) raquo Info Report 3Q Finance Report (Gloria)

raquo raquo F Street Design RFP Selection (Kie)

raquo raquoraquo raquo MinutesNotesPACTracking Log

raquo raquo Liaison Reports MINET Park amp Rec

raquo MinutesNotesPACTracking Log and Planning

+ Urban Renewal Agency if needed + Urban Renewal Agency if neededMAY 12 2020 - 630 PM MAY 26 2020 - 630 PM

Agenda items due 1000 am 050720 Agenda items due 1000 am 052120

raquo Parking ordinance update review raquoraquo Arbor Day proclamation raquoraquo TSP Consultant presentation raquoraquo Museum presentation (Carly) raquoraquo Lot 7 DDA (ShawnTom) raquoraquo raquo MinutesNotesPACTracking Log

raquo raquo Liaison Reports Library WIMPEG

raquo MinutesNotesPACTracking Log and Museum Commission

+ Urban Renewal Agency if needed + Urban Renewal Agency if neededJUNE 9 2020 - 630 PM JUNE 23 2020 - 630 PM

Agenda items due 1000 am 060420 Agenda items due 1000 am 061820

raquo raquo Budget Adoption

raquo raquoraquo raquoraquo raquoraquo raquoraquo raquo MinutesNotesPACTracking Log

raquo raquo Liaison Reports Traffic Safety Historic Preservation

raquo MinutesNotesPACTracking Log and Independence Days

+ Urban Renewal Agency if needed + Urban Renewal Agency if neededFuture Items City Council LiaisonsIndpMonm IGA re MINET (City Mgr) Historic Preservation Commission Councilor Takacs2019 Transportation financing discussion (unf bsn) Hop amp Heritage Block Party Councilor CorrDuplex ADU worksession HPC worksession Independence Days Commission Councilor CorrJan 2021 - 9th St Sewer projects bid award (kie) Library Board Councilor MortonOverlay project award (Winter 2020) (Kie) MINET Councilor HicksF St Construction Award Museum Advisory Board Councilor MortonHoffmanGun club intersection project (wk ssn) (Kie) Parks amp Rec Committee Councilor Martin-WillisPublic Hearing LA-04-2018 (HPC code update) (Fred) Planning Commission Councilor Martin-WillisOnstreet parking regulations (BobTom) Traffic Safety Commission Councilor TakacsSidewalk program (KieShawnTom) WIMPEG Councilor Ranstrom-Smith(IMC) update Building Codes provisions

Budget MeetingsMar 25 Budget Committee Orientation (rescheduling TBA)May 6th Budget CommitteeMay 13th Budget CommitteeMay 20th Budget Committee (if needed)June 23rd Council - Budget Adoption

Page 81 of 81

  • Agenda
  • 31 March 24 2020
  • 61 Council Action Memo
  • 61 Cherriots Presentation
  • 71 Council Action Memo
  • 71 Tap Station OLCC application
  • 72 Council Action Memo
  • 72 AXON Proposal
  • 73 Council Action Memo
  • 73 Resolution 20-1526
  • 74 Council Action Memo
  • 74 Interim IGA
  • 74 COG Scope of Work
  • 74 MWHA Governance Charter
  • 91 04-09-2020
Page 15: City of Independence

492020

1 3

5

Vehicle typebull 25-ft long 14 seats wheelchair lift-equippedbull Needs 50 feet of parking removed at each location

6

Route 45 bus stop locations in Independence (12 new 4 existing)

Monmouth Independence

5

6

Page 15 of 81

492020

1 4

7

Website examples of parking removals

E Street (between 10th and 11th ) Main Street Oak Street

8

Next Stepsbull Seek approval for stops and no-parking zones from three cities ndash

April amp May

bull Release bid package to potential contractors ndash June or July

bull Begin marketing new service at least 30 days in advance of launch

bull Install new stop poles amp signs ndash August

bull Launch new service September 2020

bull Continue marketing new service actively in September

7

8

Page 16 of 81

492020

1 5

9

Conclusionsbull Public outreach allowed public to weigh in on service

design and bus stop locationsbull Property owners have been notified of pending parking

removals by the citybull Removal of parking is necessary for the safety of the riding

public and to comply with the ADAbull Worked with community members and city public works

department to develop final planbull Request for parking removals for bus stops will come from

public works department (Kie Cottam)

10

Questions

9

10

Page 17 of 81

492020

1 6

11

11

Page 18 of 81

CITY OF INDEPENDENCE OREGONMEMORANDUM

TO Honorable Mayor and City Council

FROM Tom Pessemier City Manager

SUBJECT New Establishment Liquor License Applicant

DATE April 9 2020

Action Requested X Information Only

Statement of Issue

The Tap Station LLC DBA The Tap Station located at 87 N Main St has made an application with the Oregon Liquor Control Commission for Additional Privilege This license would allow the licensee to sell wine malt beverages and ciders for Off-Premises Consumption This application is submitted as a result of the recent restrictions put into place for licensed establishments regarding COVID-19 The additional license would allow The Tap Station to selldeliver their products to the consumer for off-premises consumption I have spoken to the OLCC regarding this and they are currently seeing a large increase in these applications and as a result are granting 90-day temporary authority at application with a requirement for follow-up reviewrecommendation by the local authority prior to final decisions or issuance

Background

In 1992 our City adopted resolution 881 which establishes criteria for screening liquor license applications The police department was assigned the task to do initial reviews of each liquor license application The police department then completes a staff report on those findings for the City Council review

Analysis

I have conducted a background investigation for The Tap Station as well as Christopher Ream and did not locate any issues I believe would hinder his operation of this business Christopher has owned and operated The Tap Station since he took over its ownership in the middle of 2019 with no issues or calls for service related to alcohol at the establishment

Fiscal Impact

Page 19 of 81

As of this date I do not know if the fees for this application have been paid

Options

1 Council may recommend approval for this establishment pending the payment of all city fees

2 Council may recommend denying the license for this establishment if reasonable grounds can be established

3 Council may impose an option of its own choosing

Recommended Motion

Option 1 I move to recommend approval of the above liquor license request pending payment of all fees

Attachments

Liquor license application for Additional Privilege

Memo Prepared by

Sergeant Justin Hedlund 46248

Page 20 of 81

reg Read ImportantOregon law requires that every applicant for a liquorlicense obtain a written recommendationfrom the governing body of the county if the place of business of the applicant is outside theincorporated city or from the city councilif the place of business of the applicant is within anincorporated city You must take the attached a lication forms to the a ro riategoverning body After the endorsement process is completed a representative from the city orcounty willcontact you to pick up the application You may deliver the application to the OLCCoffice or retain it until it is requested by the license investigator

Oregon Liquor Control Commission200 Hawthorne Avenue SE Suite Bmdash210Salem OR 97301

Questions Call (503) 378-4871

Page 21 of 81

OREGON LIQUORCONTROLCOMMISSION

LIQUORLICENSEAPPLICATION1 Application Do not includeany OLCCfees with your application packet (the licensefee willbe collected at a latertime) Application is being madefor

LicenseApplied For CITYAND COUNTYUSEONLYBrewery 1st LocationBrewery 2nd LocationBrewery 3rd Location

BrewerymdashPublicHouse 1st LocationBrewery-Public House Znd LocationBrewerymdashFublicHouse 3rd LocationDistillery

Date application received andordate stamp

Name of City or County

FullOn~Premises CommercialFullOnmdashPremisesCatererFull OnmdashPremisesPassenger Carrier

FullOn~Premises Other Public LocationFullOnmdashPremisesFor Profit Private Club

Recommends this license be

III Granted D Denied

FullOnmdashPremisesNonprofit Private Club By

Grower Sales Privilege 1st Location

E Grower Sales Privilege 2nd Location Datelsquo

Grower Sales Privilege 3rd Location OLCCUSEONLYLimited On~Premises

Dateapplictiop receivedOffmdashP lsquo

XI remises

Off-Premises with Fuel PumpsK

V lsquo

Warehouse

ByWholesale Malt Beverage amp Wine

Winery 1st Location LicenseAction(s)Winery Znd Location

Winery 3rd Location

Winery 4th Location He _ Winery 5th Location I IIraquo

2 ldentifythe app|icant(s) applyingforthe license(s) ENTITY(example corporation or LLC)or IND|VlDUAL(S)applyingfor the license(s)

__ raquomdash F7)lee leeSTPiTOs3LLC EmsectQEoCgcEm

(Applicant1) (Applicant2)w JUN

mt I

(Applicant3) (Applicant4) REU_w_lsquo _ -KJI

3 Trade Name ofthe Business (Name Customers Will See)

rdquozTrsigtsectT1rsquorIOlsquovlsquo)4 Business Address (Number and Street Address of the Location that will have the liquor license)

euro7 3 H-IMFraquo STCity ZipCelNraquoDeuroPtNDtNltE rsquoigtoLg 733i

County

OLCCLiquor License Application (Rev 1110)

Page 22 of 81

TtEliigtsectTlTOM5 Trade Name of the Business (Name Customers WillSee)

6 Does the business address currently have an OLCCliquor license E YESlNo7 Does the business address currently have an OLCCmarijuana license EYESXJNO

VDTEOK318 MailingAddressPOBox Number Street Rural Route (where the OLCCwillsend your mail)

City

sectPxE

State

GELZip Code

973019 Phone Number of the Business Location

Btu3amp3 I 17w10 EmailContact for this Application

xxoLtCoIVi11 Contact Person for this Application

Otilsect ilElsquotM

VierctP one Number

OmrsquoSlWtCW3rsquoContact Persons Mailing Address (if different)

701eatevtao we seCity

Sltuim

State Zip Code

OR 0tlsquoIsect07__

Please note that liquor license applications are public records A copy of the application will be posted on the OLCC

website for a period of several weeks

I understand that marijuana (such as use consumption ingestion inhalation samples give-away sale etc) isprohibited on

the licensedpremises

I attest that allanswers on all forms documents and information provided to the OLCCare true and complete

Applicant Signatu rels)

- Each individual person listed as an applicant must sign the application

0 if an applicant is an entity such as a corporation or LLCat least one person who is authorized to sign for the entity

must sign theapplication- A person with the authority to sign on behalf of the applicant (such as the applicants attorney or a person with

power of attorney) may sign the application Ifa person other than an applicant signs the application please

wideroo fsignatureauthority

(A (Applicant2)

(App|icant3) (App|icant4)

otcc Liquor License Application (Rev 11201

Page 23 of 81

OREGON LIQUOR CONTROL COMMISSION

BUSINESS INFORMATION

Please Print or Type

Applicant Name ItET9 StPtT1gtsectgt Phone euroL FZFIVITrade Name (dba) THETAP 3 Tioixs

Business Location Address

City BEPEHDEMCF ZIP Code Ci73sectl

DAYSAND HOURS OF OPERATION

Business Hours Outdoor Area HoursSunday 7mdash- to E2314 Sunday

toMondairsquo __i T0_m MondayTU95daY A I0 E TuesdayWednesday i to WednesdayThursday 3 to

EIFriday __L to __jSaturday IS to I

The outdoor area is used for

KlsquoFood service

Aicohol service

Hours

to

area is adequately viewed andorused by Service Pennittees

(investigators Initials)

Seasonal Variations l31YesEl No if yes explain USEH-qkxig LQ1+JTiZHOOKZRuse Co-mgt-q HRS QceemdashClsquonpoundboeuroeuroeuroJiigtmecent HDUKB

ENTERTAINMENT Check anthat app|y DAYS amp HOURS OF LIVE OR DJ MUSIC

MLive Music E Karaoke

tE Recorded Music D CommdashoperatedGames sectrj3 tgDJ Music B Video Lottery Machines Tuesday to

Wednesday toD Dancing WSocial Gaming Thursday SIDSFriday g to D Nude Entertainers D Pool Tables Saturday 3 to I

D Other

SEATINGCOUNT

Restaurant Outdoor grCraquo OLCC USE ONLY

lsquobk Investigator Veried Seating__(Y) __(N)

Lounge _pound_ Other (explain)mvasgamllnmms

I

lsquo

Banquet Total Seating Date

I understand if my answei7euro)ote a complete the OLCC may deny my license application

Applicant SignatureU

-lsquo Date 3 Z3 lsquoT Z0101-800-452-OLCC (6522)

wwworegongovolcc yrsldquo 1207)Page 24 of 81

555 South Main Street Post Office Box 7 Independence OR 97351

Phone 503838-1212 Fax 503606-3282 email tpessemierciindependenceorus

TO Mayor and City Council FROM City Manager Tom Pessemier MEETING DATE April 14 2020 SUBJECT Approval of 5-year sales contract for

AXON services [ ] Information Only [ X ] Action Requested Statement of Issue A 5-year sales contract with AXON for body-worn cameras Tasers and digital cloud-based storage with software interface is submitted for council consideration Background In 2014 the City of Independence started using body worn cameras in the police department We started by testing different platforms selecting AXON as our preferred provider then negotiated a 5-year contract which was partially grant funded Our current contract expires this month and we have negotiated a new contract for Council consideration Discussion Included in the contract being considered today AXON provides body cameras and Tasers for our officers and CSOrsquos training and training aids and Taser devices for our patrol staff to wear while on patrol These devices are covered under a warranty for the life of the contract as well as a provision for camera replacement around the half-way point of the contract to the newest technology available Certification training for our instructor to be certified to train our staff and other training materials are also included The sales contract also includes software and cloud storage of video The AXON platform which we currently use allows us the ability to transfer video directly to the DArsquos office or others electronically rather than having to build DVDrsquos of video which has saved our records department a lot of time It also provides the ability for citizens to upload video directly to our AXON cloud as well as video redaction capabilities which allows us to comply with Oregon law

CITY OF INDEPENDENCE MEMORANDUM

Page 25 of 81

555 South Main Street Post Office Box 7 Independence OR 97351

Phone 503838-1212 Fax 503606-3282 email tpessemierciindependenceorus

Fiscal Impact The total 5-year contract cost is $131786 broken into annual payments of $26357 Funds are available for this fiscal year in the police department operating budget Funds would be included in the police department budget request for contract years 2-5 Options

1 Approve the contract as proposed 2 Approve the contract with amendments 3 Take no action

RecommendationSuggested Motion Staff recommends Option 1

ldquoI move to authorize the City Manager to sign a service contract for body worn cameras tasers and cloud storage with AXONrdquo Attachments

A Proposed AXON contract

Memo prepared by Robert Mason Police Chief

Page 26 of 81

Payment Terms Net 30

Delivery Method Fedex - Ground

Q-251225-43927723KP

Year 1

Item DescriptionTerm

(Months)Quantity

List Unit

Price Net Unit Price Total (USD)

Axon Plans amp Packages

20248 TASER 7 EVIDENCECOM ACCESS LICENSE 60 1 000 000 000

73687 EVIDENCECOM VIEWER LICENSE 60 1 000 000 000

73746 PROFESSIONAL EVIDENCECOM LICENSE 60 11 000 000 000

73686EVIDENCECOM UNLIMITED AXON DEVICE

STORAGE60 11 000 000 000

73683 10 GB EVIDENCECOM A-LA-CART STORAGE 60 110 000 000 000

73449 AWARE LICENSE 60 11 000 000 000

20248 TASER 7 EVIDENCECOM ACCESS LICENSE 60 11 000 000 000

20246TASER 7 DUTY CARTRIDGE REPLACEMENT

ACCESS LICENSE60 11 000 000 000

73683 10 GB EVIDENCECOM A-LA-CART STORAGE 60 10 000 000 000

73840 EVIDENCECOM BASIC ACCESS LICENSE 60 10 000 000 000

Hardware

20160TASER 7 HOLSTER - SAFARILAND RH+CART

CARRIER11 000 000 000

75015 SIGNAL SIDEARM KIT 11 000 000 000

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

Issued 04062020

Quote Expiration 05152020

Account Number 110011 Axon Enterprise Inc17800 N 85th St

Scottsdale Arizona 85255

United States

Phone (800) 978-2737

Protect Life

PRIMARY CONTACT

Justin Hedlund

Phone (503) 837-1109

Email hedlundjustinciindependenceorus

BILL TO

Independence Police Dept - OR

P O Box 7

Independence OR 97351

US

SHIP TO

Justin Hedlund

Independence Police Dept - OR

555 S Main Street

Independence OR 97351

US

SALES REPRESENTATIVE

Kyle Panasewicz

Phone (480) 905-2071

Email kylepaxoncom

Fax (480) 658-0673

Q-251225-43927723KP

1

Page 27 of 81

Year 1 (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware (Continued)

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

20014TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE STANDOFF (322 000 000 000

20015TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE CLOSE QUART22 000 000 000

20008TASER 7 HANDLE HIGH VISIBILITY (GREEN

LASER) CLASS 3R11 000 000 000

20040 TASER 7 HANDLE WARRANTY 4-YEAR 11 000 000 000

20018 TASER 7 BATTERY PACK TACTICAL 13 000 000 000

20041TASER 7 BATTERY PACK WARRANTY 4-

YEAR13 000 000 000

20042TASER 7 DOCK amp CORE WARRANTY 4-

YEAR1 000 000 000

70033WALL MOUNT BRACKET ASSY

EVIDENCECOM DOCK1 000 000 000

74200 TASER 7 6-BAY DOCK AND CORE 1 000 000 000

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)33 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)33 000 000 000

20016TASER 7 INERT CARTRIDGE STANDOFF

(35-DEGREE)1 000 000 000

20017TASER 7 INERT CARTRIDGE CLOSE

QUARTERS (12-DEGREE)1 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

73202 AXON BODY 3 - NA10 5 69900 63260 316300

74028 WING CLIP MOUNT AXON RAPIDLOCK 5 000 000 000

11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 5 000 000 000

Other

73810 OFFICER SAFETY PLAN 7 60 11 000 000 000

Not Eligible

TASER 7

INSTRUCTO

R COURSE

VOUCHER

Not Eligible TASER 7 INSTRUCTOR COURSE

VOUCHER1 000 000 000

Protect LifeQ-251225-43927723KP

2

Page 28 of 81

Year 1 (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Other (Continued)

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 132442 1456862

Not Eligible

TASER 7

MASTER

INSTRUCTO

R SCHOOL

VOUC

Not Eligible TASER 7 MASTER INSTRUCTOR

SCHOOL VOUCHER1 000 000 000

Not Eligible

Target and

Frame

Not Eligible Target and Frame 11 000 000 000

Not Eligible

Halt SuitNot Eligible Halt Suit 1 000 000 000

20135OCULUS GO STANDALONE VIRTUAL

REALITY HEADSET1 000 000 000

20247TASER 7 ONLINE TRAINING CONTENT

ACCESS LICENSE60 11 000 000 000

20249VR EMPATHY DEVELOPMENT AUTISM

SCHIZOPHRENIA ACCESS LICENSE60 11 000 000 000

73827 AB3 CAMERA TAP WARRANTY 60 5 000 000 000

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2118510

Estimated

Shipping000

Estimated Tax 000

Total 2118510

Year 1 - TAP Refresh

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

74210 AXON BODY 3 - 8 BAY DOCK 2 000 000 000

73202 AXON BODY 3 - NA10 11 000 000 000

74028 WING CLIP MOUNT AXON RAPIDLOCK 16 000 000 000

11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 11 000 000 000

73202 AXON BODY 3 - NA10 1 69900 000 000

74028 WING CLIP MOUNT AXON RAPIDLOCK 1 000 000 000

11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 1 000 000 000

Protect LifeQ-251225-43927723KP

3

Page 29 of 81

Year 1 - TAP Refresh (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Other

73828 AB3 8 BAY DOCK TAP WARRANTY 60 2 000 000 000

73827 AB3 CAMERA TAP WARRANTY 60 11 000 000 000

71019NORTH AMER POWER CORD FOR AB3 8-

BAY AB2 1-BAY 6-BAY DOCK2 000 000 000

73827 AB3 CAMERA TAP WARRANTY 60 1 000 000 000

Subtotal 000

Estimated Tax 000

Total 000

Year 1 - T7 Certification

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Axon Plans amp Packages

20248 TASER 7 EVIDENCECOM ACCESS LICENSE 60 6 000 000 000

20246TASER 7 DUTY CARTRIDGE REPLACEMENT

ACCESS LICENSE60 6 000 000 000

Hardware

20160TASER 7 HOLSTER - SAFARILAND

RH+CART CARRIER6 000 000 000

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

20014TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE STANDOFF (312 000 000 000

20015TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE CLOSE QUART12 000 000 000

20008TASER 7 HANDLE HIGH VISIBILITY (GREEN

LASER) CLASS 3R6 000 000 000

20040 TASER 7 HANDLE WARRANTY 4-YEAR 6 000 000 000

20018 TASER 7 BATTERY PACK TACTICAL 6 000 000 000

20041TASER 7 BATTERY PACK WARRANTY 4-

YEAR6 000 000 000

20016TASER 7 INERT CARTRIDGE STANDOFF

(35-DEGREE)1 000 000 000

20017TASER 7 INERT CARTRIDGE CLOSE

QUARTERS (12-DEGREE)1 000 000 000

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)18 000 000 000

Protect LifeQ-251225-43927723KP

4

Page 30 of 81

Year 1 - T7 Certification (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware (Continued)

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)18 000 000 000

20050 HOOK-AND-LOOP TRAINING (HALT) SUIT 1 75000 67875 67875

Other

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

Not Eligible

TASER 7

INSTRUCTO

R COURSE

VOUCHER

Not Eligible TASER 7 INSTRUCTOR COURSE

VOUCHER1 000 000 000

Not Eligible

Taser 7

Evidenceco

m Admin

License

Not Eligible Taser 7 Evidencecom Admin

License1 000 000 000

Not Eligible

TASER 7

MASTER

INSTRUCTO

R SCHOOL

VOUC

Not Eligible TASER 7 MASTER INSTRUCTOR

SCHOOL VOUCHER1 000 000 000

Not Eligible

Target and

Frame

Not Eligible Target and Frame 6 000 000 000

Not Eligible

Halt SuitNot Eligible Halt Suit 1 000 000 000

Not Eligible

for VR

Headset

Not Eligible for VR Headset 1 000 000 000

20247TASER 7 ONLINE TRAINING CONTENT

ACCESS LICENSE60 6 000 000 000

20249VR EMPATHY DEVELOPMENT AUTISM

SCHIZOPHRENIA ACCESS LICENSE60 6 000 000 000

80087TASER 7 TARGET CONDUCTIVE

PROFESSIONAL (RUGGEDIZED)1 15000 13575 13575

Protect LifeQ-251225-43927723KP

5

Page 31 of 81

Year 1 - T7 Certification (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Other (Continued)

20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 49500 44798 44798

Subtotal 517208

Estimated Tax 000

Total 517208

Year 1 - Trade In

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Other

20104 TASER 7 TRADE-IN UPFRONT PURCHASE 17 000 000 000

Subtotal 000

Estimated Tax 000

Total 000

Year 2

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

Other

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 172674 1899414

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2635722

Estimated Tax 000

Total 2635722

Protect LifeQ-251225-43927723KP

6

Page 32 of 81

Year 3

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

20014TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE STANDOFF (322 000 000 000

20015TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE CLOSE QUART22 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

20014TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE STANDOFF (312 000 000 000

20015TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE CLOSE QUART12 000 000 000

Other

73309 AXON BODY CAMERA REFRESH ONE 11 000 000 000

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 172674 1899414

73689 MULTI-BAY BWC DOCK MID REFRESH 2 000 000 000

73309 AXON BODY CAMERA REFRESH ONE 1 000 000 000

73309 AXON BODY CAMERA REFRESH ONE 5 000 000 000

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2635722

Estimated Tax 000

Total 2635722

Protect LifeQ-251225-43927723KP

7

Page 33 of 81

Year 4

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

Other

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 172674 1899414

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2635722

Estimated Tax 000

Total 2635722

Year 5

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

Protect LifeQ-251225-43927723KP

8

Page 34 of 81

Year 5 (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware (Continued)

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

Other

73310 AXON BODY CAMERA REFRESH TWO 11 000 000 000

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 172674 1899414

73688 MULTI-BAY BWC DOCK FINAL REFRESH 2 000 000 000

73310 AXON BODY CAMERA REFRESH TWO 1 000 000 000

73310 AXON BODY CAMERA REFRESH TWO 5 000 000 000

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2635722

Estimated Tax 000

Total 2635722

Grand Total 13178606

Protect LifeQ-251225-43927723KP

9

Page 35 of 81

Summary of Payments

Payment Amount (USD)

Year 1 2118510

Year 1 - TAP Refresh 000

Year 1 - T7 Certification 517208

Year 1 - Trade In 000

Year 2 2635722

Year 3 2635722

Year 4 2635722

Year 5 2635722

Grand Total 13178606

Discounts (USD)Quote Expiration 05152020

List Amount 15120900

Discounts 1942294

Total 13178606

Total excludes applicable taxes

Protect LifeQ-251225-43927723KP

10

Page 36 of 81

Notes

The parties agree that Axon is granting a credit of $306000 (applied to Year 1 Payment) for trade-in of CEW hardware This credit is based on a ship date range of 512020-

5152020 resulting in a 612020 contract start date Any change in this ship date and resulting contract start date will result in modification of this credit value which may

result in additional fees due to or from Axon

Axon BWC hardware contained in this quote is at zero cost as a TAP refresh of contracts 00004618 and 00010394 The parties agree that all TAP obligations of contracts

00004618 and 00010394 have been fulfilled

Purchase of TASER 7 are governed by the TASER 7 Agreement located at httpswwwaxoncomlegalsales-terms-and-conditions and not the Master Services and

Purchasing Agreement referenced below

Tax is subject to change at order processing with valid exemption

Axonrsquos Sales Terms and Conditions

This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axonrsquos Master Services and Purchasing Agreement

(posted at wwwaxoncomlegalsales-terms-and-conditions) as well as the attached Statement of Work (SOW) for Axon Fleet andor Axon Interview

Room purchase if applicable Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions By

signing below you represent that you are lawfully able to enter into contracts If you are signing on behalf of an entity (including but not limited to the

company municipality or government agency for whom you work) you represent to Axon that you have legal authority to bind that entity If you do not

have this authority please do not sign this Quote

Signature CustSIG Date CustDate

Name (Print) CustName Title CustTitle

PO (Or write

NA) CustPo

Please sign and email to Kyle Panasewicz at kylepaxoncom or fax to (480) 658-0673

Thank you for being a valued Axon customer For your convenience on your next order please check out our online store buyaxoncom

The trademarks referenced above are the property of their respective owners

Protect LifeQ-251225-43927723KP

11

Axon Internal Use Only

Review 1 Review 2

SFDC Contract

Order Type

RMA

Address Used

SO

Comments

Page 37 of 81

Page 38 of 81

555 South Main Street Post Office Box 7 Independence OR 97351Phone 503838-1212 Fax 503606-3282 email kjohnsonciindependenceorus

TO Mayor and City CouncilFROM Shawn Irvine Economic Dev Dir

MEETING DATE April 14 2020SUBJECT Resolution Rural Business

Development Grant Application

[ ] Information Only [ X ] Action Requested

Statement of Issue Staff is requesting Council approve a resolution supporting a grant application to fund the development of a shared-use commercial kitchen facility downtown

BackgroundFor several years the City has worked with local and regional partners to support entrepreneurship and the growth of small businesses These classes and programs have supported a number of successful businesses including several located downtown The past two years the City has partnered with IndyCommons ndash the downtown co-working space ndash to run a series of meetups and classes intended to identify potential business clusters within the communityrsquos entrepreneurs Food-based businesses were the top cluster identified

The mid-Willamette Valley is the largest and most diverse agricultural production region in the state with over 170 different crops being grown It also has a concentration of large and small value-added food products companies that leverage the diverse agricultural products for their businesses The USDArsquos Rural Business Development Grant program supports proposals that offer assistance and training for small businesses in rural communities

DiscussionOver the last decade development of a shared-use commercial kitchen has come up several times in the Cityrsquos regional economic development work These facilities allow licensed users to rent the space on an hourly basis for trying new recipes developing new products and small-scale production The ability to rent a licensed facility enables entrepreneurs to test their ideas and products prior to making the significant investment into building their own commercial kitchen While there has been strong and consistent interest in such a facility from entrepreneurs it is a complex enough project that nobody was willing to be the organizer and operator

IndyCommons opened four years ago successfully bringing the shared space co-working model to downtown Independence Last year the company spun off a new non-profit IndyIdeaHub to support entrepreneurship programming and development in the community and region With the success of the co-working space and the new non-profit IndyCommons is ready to tackle a shared-use commercial kitchen They have leased the neighboring space in their building and plan to operate a shared kitchen and event space with ldquomicro retailrdquo in the storefront Micro retail rents shelf space to entrepreneurs instead of an entire store reducing the startup cost for a new product company and enabling them to test the market for new products without the cost of renting an entire store The kitchen event space and micro retail

CITY OF INDEPENDENCEMEMORANDUM

Page 39 of 81

555 South Main Street Post Office Box 7 Independence OR 97351Phone 503838-1212 Fax 503606-3282 email kjohnsonciindependenceorus

space would work in concert creating a kind of food incubator while also drawing people downtown for pop up dinners and other events

IndyCommons is leasing the space and the Cityrsquos grant application would support the non-profitrsquos work to outfit and operate the kitchen while offering business development programs The grant will request approximately $90000 matched with funds from IndyCommons and a $60000 Rural Opportunity Initiative grant the City received through Business Oregon which supports programming for food-based entrepreneurship

While the City is requesting the grant and supporting development of this kitchen facility its users will not be limited just to Independence residents As with IndyCommons anyone willing to travel to the facility and pay the rental fee will be able to use it Programs and classes will also be open to anyone from the region

Fiscal Impact Staff time will be spent writing the grant and if awarded coordinating the project No City funds will be used as match for this project

Options1 Approve the resolution as submitted2 Approve the resolution with amendments3 Take no action

RecommendationSuggested MotionStaff recommends Option 1

Suggested motion ldquoI move to approve Resolution 20-1526 Authorizing the City to Apply for a Rural Business Development Grantrdquo

AttachmentsA Resolution 20-1526

Page 40 of 81

Page 1 of 2 Resolution 20-1526 Authorizes USDA Grant Application

BEFORE THE CITY COUNCIL OF THE CITY OF INDEPENDENCE

COUNTY OF POLK STATE OF OREGON

IN THE MATTER OF AUTHORIZING THE CITY ]OF INDEPENDENCE TO APPLY FOR A RURAL ]BUSINESS DEVELOPMENT GRANT FROM THE ]UNITED STATES DEPARTMENT OF AGRICULTURE ]FOR DEVELOPMENT OF A SHARED-USE ]COMMERCIAL KITCHEN FACILITY AND ]DELEGATING AUTHORITY TO THE CITY ]MANAGER TO SIGN THE APPLICATION ]

RESOLUTION 20-1526

A RESOLUTION AUTHORIZING APPLICATION FOR USDA GRANT

WHEREAS the USDA is accepting applications for its Rural Business Development Program and

WHEREAS the City of Independence has the capacity to administer the grant and desires to participate in this grant program to the greatest extent possible as a means of providing needed business development and entrepreneurship programming and

WHEREAS Staff have identified development of food-based businesses as a successful regional business cluster which could be expanded within the City of Independence and

WHEREAS local and regional economic development plans have identified a shared-use commercial kitchen as an important asset to reduce barriers to entry for food-based startup businesses and

WHEREAS the City of Independence has an existing partnership with IndyCommons to support entrepreneurship and business development within the community and

WHEREAS the City of Independence has available matching funds from the State of Oregonrsquos Rural Opportunity Initiative which will fund food-based business programming and services at the new kitchen facility and

Page 41 of 81

Page 2 of 2 Resolution 20-1526 Authorizes USDA Grant Application

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF INDEPENDENCE AS FOLLOWS

Section 1 The City Council demonstrates its support for the submittal of a grant application to the United States Department of Agriculture for development of a shared-use commercial kitchen and delegates authority to sign grant documents to City Manager Tom Pessemier

Section 2 This Resolution shall be effective following its adoption by the City Council

Passed by the City Council this 14th of April 2020

Effective Date April 14 2020Signed by the Mayor April 14 2020

__________________________John McArdle Mayor

ATTEST

_______________________Karin Johnson MMCCity Recorder

Page 42 of 81

555 South Main Street Post Office Box 7 Independence OR 97351Phone 503838-1212 Fax 503606-3282 email tpessemierciindependenceorus

TO Mayor and City CouncilFROM City Manager Tom Pessemier

MEETING DATE April 14 2020SUBJECT Approval of IGA Mid-Willamette Valley

Homeless Alliance Continuum of Care

[ ] Information Only [ X ] Action Requested

Statement of IssueAn Inter-Governmental Agreement concerning the Mid-Willamette Valley Homeless Alliance is submitted for council consideration

BackgroundIn 2019 the City of Independence along with the cities of Monmouth Keizer Salem the Salem-Keizer School District Polk and Marion counties and the Confederated Tribes of Grand Ronde and with the Mid-Willamette Valley Council of Governments (COG) formally organized the Mid-Willamette Valley Homeless Alliance (MWVHA) which serves as our regionrsquos Continuum of Care (CoC) The CoC is committed to the goal of preventing and ending homelessness within Polk and Marion counties The CoC was recognized by the US Housing and Urban Development Department (HUD) on 12-11-19 and to that end a formal Governance Charter was approved by the MWVHA Board of Directors on 2-13-20

The MWVHA Board of Directors is a collaboration of the members and the COG has provided administrative support for the member governments The MWVHA is not a legal entity and HUD regulations require a legal entity to serve as the Collaborative Applicant for a Continuum of Care therefore an ORS 190 entity (Inter-Governmental Agreement or IGA) is proposed to be formed to allow the member governments to contract with the COG to provide services and for the COG to be reimbursed

DiscussionTime is of the essence this IGA establishes the terms and conditions under which the member governments will coordinate to support the MWVHA through contracting with the COG to serve as the Collaborative Applicant This IGA is a short-term solution until a new entity is designated and would expire on August 13 2020

Fiscal ImpactNo additional fiscal impact Funds have been reservedbudgeted for this project

Options1 Approve the IGA as proposed2 Approve the IGA with amendments3 Take no action

RecommendationSuggested Motion

CITY OF INDEPENDENCEMEMORANDUM

Page 43 of 81

555 South Main Street Post Office Box 7 Independence OR 97351Phone 503838-1212 Fax 503606-3282 email tpessemierciindependenceorus

Staff recommends Option 1

ldquoI move to approve the cityrsquos participation in the ORS 190 concerning the Mid-Willamette Valley Homeless Alliance and to authorize the City Manager to sign the related documentsrdquo

AttachmentsA Interim IGAB COG Scope of WorkC MWHA Governance Charter

Memo prepared by Karin Johnson City Recorder

Page 44 of 81

1 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

1 PARTIES TO AGREEMENT

This Agreement by and between the Confederated Tribes of the Grand Ronde (ldquoGrand Ronderdquo) Marion County (ldquoMarionrdquo) Polk County (ldquoPolkrdquo) and the Cities of Independence (ldquoIndependencerdquo) Keizer (ldquoKeizerrdquo) Monmouth (ldquoMonmouthrdquo) Salem (ldquoSalemrdquo) the Salem-Keizer School District (ldquoSalem-Keizerrdquo) collectively the ldquoMember Governmentsrdquo and the Mid-Willamette Valley Council of Governments (ldquoCOGrdquo) is made pursuant to ORS 190010

2 AUTHORITY This Agreement is established under the authority of Oregon Revised Statutes (ORS) Chapter 190

3 BACKGROUNDa The Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo) was formed on

September 24 2019 and recognized by the US Housing and Urban Development Department (ldquoHUDrdquo) on December 11 2019 for the Polk County and Marion County region to carry out the purposes of the HUD Continuum of Care program described in 24 CFR Part 578

b The Alliance Charter was approved by the Alliance Board of Directors on February 13 2020 (Attachment 1)

c The Alliance is a collaboration of the Member Governments non-profit service organizations and community members and is not a legal entity

d The Member Governments have made financial contributions for the 2019-2020 Fiscal Year which are being managed by COG

e The Member Governments have agreed to make financial contributions to support the Alliance for the 2020-2021 Fiscal Year subject to budgetary approval as approved by the Alliance Board of Directors (Attachment 2)

f HUD regulations require a legal entity to serve as the Collaborative Applicant for a Continuum of Care such as the Alliance

g The COG has been providing administrative support and other resources for the Alliance including contract management for independent contractors engaged by COG at the request of the Alliance During this time the Member Governments have directly paid their contribution amounts to COG to manage those funds for the Alliance

h The COG has agreed on an interim basis to continue to provide administrative support and other resources in addition to serving as the Collaborative Applicant for

Page 45 of 81

2 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

the Alliance until an ORS 190 entity has been formed and designated by the Alliance Board of Directors to serve as the Collaborative Applicant

i The Alliance Board of Directors approved the execution of this Agreement for a term to expire on August 13 2020 to allow the Member Governments to contract with the COG to provide Collaborative Applicant services and reimburse COG for services

4 PURPOSE

The purpose of this Agreement is to establish the terms and conditions under which the Member Governments will coordinate to support the Alliance through contracting with COG to serve as the Collaborative Applicant for the Alliance pursuant to 24 CFR Part 578 The parties understand and agree that this Agreement serves as an interim solution to allow COG to serve as the Collaborative Applicant and be reimbursed for its costs until a new entity is designated

5 TERM AND TERMINATION

51 This Agreement shall be effective from the date upon which the last signature is affixed hereto and shall expire on August 13 2020 unless otherwise earlier terminated or extended

52 This Agreement may be terminated by mutual consent of all parties hereto Any such termination of this Agreement shall be without prejudice to any obligations or liabilities of any party already accrued prior to such termination

6 FUNDING AND BILLING

61 The Member Governmentsrsquo fiscal year 2020-2021 contributions as set forth in Attachment 2 shall be made to COG subject to the individual Member Governmentrsquos budgetary approval Nothing in this Agreement binds any Government Member to any specific financial contribution after the 2020-2021 fiscal year

62 COG shall be reimbursed for its expenses already incurred in support of the Alliance from January 1 2020 to the effective date of this Agreement COGrsquos expenses prior to July 1 2020 shall be reimbursed from the Member Governmentsrsquo Fiscal Year 2019-2020 contributions and COGrsquos expenses for the period of July 1 2020 to the termination of this Agreement shall be from the Member Governmentsrsquo Fiscal Year 2020-2021 contributions COG shall submit an invoice to the Alliance Board for its approval for COGrsquos Fiscal Year 2019-2020 expenses no later than August 30 2020 and shall submit an invoice to the Alliance Board for its approval for COGrsquos Fiscal Year 2020-2021 expenses no later than September 30 2020

63 COGrsquos expenses under this Agreement shall not exceed the total amount of funds contributed by the Member Governments and any contributions from other members of the Alliance donations or grants provided to COG for the benefit of the Alliance subject to the rates for specific services as set forth in the Scope of Work As set forth in the Scope of

Page 46 of 81

3 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

Work COG shall provide timely financial reports to the Alliance and shall ensure that expenses do no exceed available resources approved by the Member Governments through the Alliance Board

7 OBLIGATIONS UNDER THE TERMS OF THIS AGREEMENT

71 MEMBER GOVERNMENTS agree to

a Make timely payment to COGb Maintain good standing as a member of the Alliancec Collaborate in good faith with other Member Governments to create a new ORS 190

entity to serve as the Collaborative Applicant for the Alliance

72 COG agrees to

Serve as the Collaborative Applicant for the Alliance and perform other duties as established in the Scope of Work (Attachment 3)

8 DESIGNATION OF SUCCESSOR COLLABORATIVE APPLICANT

The Member Governments understand and agree that the Alliance is required to have a Collaborative Applicant as that term is defined in 24 CFR Part 57815 which must be a legal entity The Alliance Board has indicated a desire that the Member Governments form an intergovernmental entity to serve that purpose Time is of the essence to designate a successor Collaborative Applicant and the Member Governments agree to work cooperatively and in a timely manner to agree on the new Collaborative Applicant The Member Governments also agree they will create a new intergovernmental entity to serve in that role

9 COMPLIANCE WITH APPLICABLE LAWS

The parties agree that both shall comply with all applicable federal state and local laws and ordinances applicable to the parties and the work to be done under this Agreement The parties agree that this Agreement shall be administered and construed under the laws of the state of Oregon Nothing in this Agreement shall be considered a waiver of tribal sovereign immunity

10 NONDISCRIMINATION

The parties agree to comply with all applicable requirements of federal state and local civil rights statutes rules and regulations in the performance of this Agreement

11 HOLD HARMLESSThe parties agree to indemnify and hold harmless each other for from and against all claims costs expenses (including attorney fees) losses damages fines charges actions or other liabilities solely to the extent arising from their own intentional or negligent acts or those of their agents contractors or employees and to the extent applicable the above indemnification is

Page 47 of 81

4 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

subject to and shall not exceed the limits of the Oregon Tort Claims Act (ORS 30260 through 30300) and the Oregon Constitution The parties intend to provide reciprocal indemnity obligations The parties acknowledge that the Oregon Tort Claims Act does not limit the liability of Grand Ronde in the same manner as the other parties Accordingly the parties agree Grand Rondersquos indemnity shall not exceed the indemnification limits of any other party

12 INSURANCE

Each party shall insure or self-insure and be independently responsible for the risk of its own liability for claims within the scope of the Oregon tort claims act (ORS 30260 to 30300) The parties intend to provide reciprocal liability insurance obligations The parties acknowledge that the Oregon Tort Claims Act does not apply to Grand Ronde in the same manner as other parties Accordingly the parties agree that Grand Ronde shall self-insure in an amount consistent with the liability for claims of any other party

13 MERGER CLAUSEParties concur and agree that this Agreement constitutes the entire agreement between the parties No waiver consent modification or change to the terms of this agreement shall bind either party unless in writing and signed by both parties There are no understandings agreements or representations oral or written not specified herein regarding this agreement Parties by the signatures below of their authorized representatives hereby agree to be bound by its term and conditions

Page 48 of 81

5 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

THE CONFEDERATED TRIBES OF THE GRAND RONDE COMMUNITY OF OREGON

__________________________________ ________________________ Cheryle A Kennedy DateTribal Council Chairwoman

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6 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

CITY OF INDEPENDENCE

__________________________________ _____________________Tom Pessemier DateCity Manager

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7 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

CITY OF KEIZER

__________________________________ ________________________Christopher Eppley DateCity Manager

Approved as to form

________________________________________Keizer City Attorney

Page 51 of 81

8 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

CITY OF MONMOUTH

__________________________________ _____________________Chad Olsen DateInterim City Manager

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9 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

MARION COUNTY BOARD OF COMMISSIONERS

__________________________________Chair

__________________________________Commissioner

__________________________________Commissioner

Date _____________________

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10 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

POLK COUNTY BOARD OF COMMISSIONERS

__________________________________Commissioner

__________________________________Commissioner

__________________________________Commissioner

Date _____________________

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11 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

SALEM-KEIZER PUBLIC SCHOOLS

_____________________________________ _____________________Marty Heyen Chairperson Board of Directors DateSalem-Keizer Public Schools

Page 55 of 81

12 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

CITY OF SALEM

__________________________________ _____________________Steve Powers DateCity Manager

Page 56 of 81

13 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

__________________________________ _______________________Renata Wakeley DateActing Executive Director

Page 57 of 81

Page 58 of 81

1

MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

SCOPE OF WORK FOR THE MID-WILLAMETTE VALLEY HOMELESS ALLIANCE COG shall undertake the following items in performance of this Agreement

1 Finance a Manage and process accounts payable and accounts receivable b Maintain records of project expenditures and revenues in COG financial

management system c Maintain copies of personal services contracts and other contracts for goods and

services under this Agreement d Provide monthly financial report to the Alliance Board e Provide support to and project financial statements in annual audit f Incorporate project expenditures and revenues into COG budget forecast prepare

budget documents for Alliance Board approval g Provide documentation of internal controls and other financial policies and

procedures to HUD upon request h Manage HUD planning grant when awarded Assure planning grant expenditures

made by the project are allowable per HUD regulations i Prepare any required financial reports associated with the planning grant j Accept and record Alliance member contributions and k Invoice members for annual project contributions and track contribution receipts

2 Administrative Support

a Attend Alliance Board meetings and executive committee meetings prepare draft minutes and maintain meeting records

b Assist the Alliance in scheduling meetings and other meeting-related tasks including merging documents for the meeting packet

c Schedule meeting space when available facilitate meeting logistics and preparation including setting up meeting space copying documents making name cards setting up laptop and PowerPoint equipment connecting participants through conference phone

d Maintain email lists in conjunction with the Alliance e Notice meetings per Public Meetings Law requirements f Assist the Alliance in preparing and disseminating a quarterly Alliance newsletter

COG is not responsible for creating or obtaining content for the newsletter and g Maintain Homeless Initiative web page on the COG website and provide up to six

(6) hours a month of IT support for the newly acquired and licensed Homeless Initiative web page

3 Executive Director Support

a Negotiate and approve goods and personal service contracts and contract amendments upon request of the Alliance

b Approve payments for monthly invoices c Provide executive level advice and support in working with the COG board of

directors and COG members d Authorize legal services upon request of the Alliance

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2

e Authorize IT services upon request of the Alliance f Attend MWVHA board meetings as needed and g Serve as the Collaborative Applicant for the 2020 NOFA process sign required

application documents

4 IT Support a Support development and maintenance of the Alliance website and b Other projects upon request of the Alliance and approval of Executive Director

5 Legal Services upon request of the Alliance and approval of Executive Director

6 Rates for services provided by COG are set forth COGrsquos fee schedule attached hereto as

Exhibit 1 (COG Board of Directors Resolution 2019-06) COG modifies its fee schedule annually on or about on July 1 of each year COG may modify the fees under this Agreement by not more than 15 for any individual fee upon adoption of a fee schedule for the 20-21 fiscal year and providing the Member Governments 10-daysrsquo notice of the modified fees The rates for services set forth herein apply to this Agreement and COG reserves the right to propose different rates in any future agreement pursuant to COGrsquos adopted fee schedule

Page 60 of 81

Page 61 of 81

Page 62 of 81

Page 63 of 81

Page 64 of 81

1

MID-WILLAMETTE VALLEY HOMELESS ALLIANCE GOVERNANCE CHARTER

FINAL ndash Approved by the CoC Development Council on 10-24-19 ratified by the Mid-Willamette Valley Homeless Alliance Board of Directors on 2-13-20

ARTICLE I CONTINUUM OF CARE NAME AND PURPOSE

A NAME OF THE CONTINUUM OF CARE (COC) The name of this organization is the Mid-Willamette Valley Homeless Alliance which serves as the regionrsquos Continuum of Care herein referred to as ldquothe CoCrdquo

B CONTINUUM OF CARE (COC) OVERVIEW 1 GEOGRAPHIC BOUNDARIES The CoC represents the geographic region within the boundaries of Marion

and Polk counties 2 PURPOSE The CoC is organized to carry out the purposes of the US Housing and Urban Development

(HUD) Continuum of Care program as described in 24 CFR Part 578 The CoC promotes communitywide commitment to the goal of preventing and ending homelessness provides funding for efforts by nonprofit providers and state tribal and local governments to quickly rehouse homeless individuals including unaccompanied youth and families while minimizing the trauma and dislocation caused to homeless individuals families and communities by homelessness promotes access to and effective utilization of mainstream housing and homeless services programs by homeless individuals and optimizes self-sufficiency among individuals and families experiencing homelessness Its work includes gathering and analyzing data to determine local needs of and resources available to people experiencing homelessness developing and prioritizing a menu of strategic responses collaboratively implementing a strategic plan promoting service coordination educating the public on homeless issues providing advice and input on homeless services operations leveraging resources for maximum impact and measuring and promoting strong program performance Through collaborative efforts of local and tribal governments school districts nonprofit organizations and other participating stakeholders the CoC seeks to develop an evidence-based system of services including stable housing designed to meet the unique and complex needs of adults youth children and families in Marion and Polk counties who are at risk of or are experiencing homelessness ICLE 3 ndash GEOGRAPHIC RE

ARTICLE II CONTINUUM OF CARE GOVERNANCE STRUCTURE

A BOARD OF DIRECTORS 1 NAME The name of the CoC governing board is the Mid-Willamette Valley Homeless Alliance Board of

Directors herein referred to as the ldquoCoC Boardrdquo or the ldquoBoardrdquo The CoC has established a governing board as required by 24 CFR part 5787(a)(3) The Board is responsible for the overall policy and direction of the CoC and may delegate responsibility for day-to-day operations to staff and committees

2 VOTING MEMBERSHIP The Board will consist of at least thirteen (13) voting members that have no

conflicts of interest as defined in Article III of this charter and 24 CFR part 57895 Board members will

Page 65 of 81

2

serve without compensation Board membership includes representation from the following organizations or subpopulations

a One representative from each of the following organizations

i Union Gospel Mission a faith-based organization ii The Confederated Tribes of Grand Ronde iii Local governments

(a) City of Independence (b) City of Keizer (c) City of Monmouth (d) Polk County

iv Salem-Keizer School District (24J) v Salem Health vi Homeless or formerly homeless individuals appointed by the Law Enforcement Assisted Diversion

Program and vii United Way of the Mid-Willamette Valley a nonprofit organization

b Two representatives from the City of Salem and Marion County In the alternative pursuant to

Section 11 of Article 2 Marion County and the City of Salem may appoint one representative who may exercise two votes

3 EX-OFFICIO BOARD MEMBERS In addition seven (7) ex-officio participants may serve as non-voting ex-

officio board members participating in discussions and representing such groups as a Marion County Salem and West Valley Housing Authorities b Mid-Willamette Valley Community Action Agency c Polk County Veteran Services and d Co-chairs of the CoC Collaborative Committee

4 BOARD SELECTION PROCESS

a The initial CoC Board of Directors will be nominated by the Development Council established by a 2019 Memorandum of Agreement in consultation with the stakeholders workgroup

b Each organization nominated for representation on the CoC Board will identify persons to serve who hold elected or senior staff roles in decision-making for that organization

c Members serve at the pleasure of the CoC Board d Any directors representing organizations newly added to the Board by amendment to this charter

will be nominated and confirmed by vote of the CoC board e Pursuant to 24 CFR part 5787(a)(3) the CoC Board will submit this written selection process to the

CoC Collaborative Committee described in Section D of this article and Board of Directors for review update and approval at least once every five (5) years

5 BOARD FINANCIAL CONTRIBUTIONS Each organization represented as a voting member on the CoC

board will contribute funds to supplement CoC operations contingent on the organizationrsquos budgetary

authority Contributions will be reviewed and approved annually by the CoC board

6 BOARD ALTERNATES Board members may designate an Alternate for a single meeting who can attend in the board memberrsquos place if the member must miss a meeting The Alternate must represent the same organization or subpopulation as the absent Board member Prior to the board meeting the absent Board member or his or her designee must communicate in writing to CoC staff confirming the Alternatersquos attendance and granting authority for the Alternate to vote

Page 66 of 81

3

7 TERMINATION The Board may remove any member when it determines it is in the interest of the CoC to do so Member terminations require a 23 vote of the appointed voting membership Reasons for removal include excessive absences from meetings conduct that is contrary to the Boardrsquos code of conduct or noncompliance with conflict of interest or other board policies

8 RESIGNATION Resignations by Board members shall be submitted in writing to CoC staff who will forward the resignation notice to board leadership Resignations will be announced at the next regularly scheduled board meeting For board positions representing designated organizations resignation is implied if a person seated on the board is no longer affiliated with the organization that appointed him or her The appointing organization is then responsible for assuring that another qualified person is appointed to represent that organization

9 MEETINGS Pursuant to 24 CFR part 5787(a)(1) the Board will meet at least semi-annually in conjunction with the CoC Collaborative Committee to conduct general CoC business Inclusive of these semi-annual joint meetings the board will meet at least quarterly and may meet more frequently at the call of the chair The CoC Board is a public body subject to the public meetings and record laws as stated in ORS Chapter 192 All meetings will be open to the public

10 QUORUM A majority defined as 50 plus one of the appointed voting Board membership will constitute a quorum for the transaction of all business at meetings Members may attend either in person or by conference call so long as persons in attendance and on the telephone can both hear and communicate with each other Members attending by telephone conferencing may be counted towards achieving a quorum

11 VOTING Each Board member will hold one vote on all matters brought before the board However in recognition of their significant financial contributions to the effort Marion County and the City of Salem may select two persons to represent each organizationrsquos interests on the CoC Board or in the alternative may select one representative who shall have two votes on any matter Board decisions shall be made by a majority of the total votes available to the entire appointed voting Board membership

12 NOTICE AND INCLUSION a The Board will provide for and give public notice reasonably calculated to give actual notice to

board members interested persons news media that have requested notice and general public notice Notice shall include the time and place for holding regular meetings The notice will also include a list of the primary subjects anticipated to be considered at the meeting Distribution of meeting notices will be in a manner that maximizes the potential of the public awareness of Board proceedings and for the public to participate in its deliberations

b Whenever possible matters resulting in a recommendation to the Board will be deliberated during a minimum of two meetings to assure maximum participation

c The Board encourages input to its deliberations and decision-making from a diversity of stakeholders including consumers and community members from diverse genders racial and ethnic origins cultural groups and geographic areas within the CoC boundaries CoC members are encouraged to bring ideas or concerns to the attention of the CoC Board and staff

d The Board will conduct outreach at least semi-annually with business organizations such as economic development forums chambers of commerce and Rotary clubs to inform business leaders about current issues surrounding homelessness and gather information from a business perspective

13 AGENDAS Items may be placed on a meeting agenda by any Board member or by CoC staff The agenda will be distributed to members and through public notice at least one week prior to a Board meeting

Page 67 of 81

4

B BOARD OFFICERS 1 CHAIR The Board will accept nominations and elect a chair annually The chair may be elected for

subsequent terms The chair will act as leader of the convened meeting and as the parliamentarian The chair will enforce Board policies and membership rules and will guide the conduct of public meetings The chair is the official Board representative and shall be the primary spokesperson to the media

2 VICE CHAIR The chair will select a vice chair with board consent In the absence of the chair the vice chair will assume the chairs responsibilities If neither the chair nor vice chair is available for a public meeting then the assembled quorum of the meeting will select a temporary chairperson to conduct the meeting

3 EXECUTIVE COMMITTEE LEADERSHIP The chair and vice chair serve as leaders of the CoC Executive Committee as described in Section E1

C STAFF RESPONSIBILITIES TO THE CoC BOARD

1 STAFF SUPPORTCOLLABORATIVE APPLICANT Subject to available funding for CoC operations Mid-

Willamette Valley Council of Governments (COG) will serve as the Collaborative Applicant described in

Article IV Section E and provide staff support that could be employees contractors and in-kind

support as well as in-kind materials and services to support the CoC To maintain a neutral role in

facilitating council meetings staff representing the COG will not hold authority to vote on matters

placed before the CoC Board

2 UNIFIED FUNDING AGENCY The CoC will seek designation as a Unified Funding Agency from the US

Department of Housing amp Urban Development

3 MEETING PREPARATION CoC staff is responsible for meeting preparation which includes

a Locating reserving and preparing the meeting space b Sending meeting notice agendas and minutes to the CoC distribution list one week prior to the

meeting and a reminder one day prior to the meeting c Compiling background materials and staff reports d Planning Board meetings in collaboration with the Executive Committee e Taking attendance at meetings and f Providing facilitation as needed

4 MINUTES CoC staff will serve as the CoC Board Administrator and prepare meeting minutes Minutes

will include a list of the members present motions proposals resolutions and orders proposed and their disposition the results of all votes and a vote by each member by name the substance of any discussions on any matter and reference to any document discussed at that meeting Minutes will be posted on the CoC website and distributed to the Board membership one week prior to the monthly meeting

5 RECORDS Pursuant to 24 CFR part 578103 and 24 CFR part 5785(b) staff will maintain CoC records to document compliance with HUD requirements including the following a Approved CoC governance charter that includes a written process to select the CoC board b Documentation of required reviews and updates including the annual charter review and review of

Board selection process every five years c CoC Board and committee rosters designating representation of sectors and subpopulations d Agendas and minutes of CoC Board committee subcommittee and workgroup meetings

Page 68 of 81

5

e Designation of a single Homeless Management Information System (HMIS) for the CoC f CoC applications for funds as set forth in 24 CFR part 5789 g Use of planning funds for eligible costs and other grant management documentation pursuant to 24

CFR part 57839 and h Completed and signed CoC conflict of interest forms required in Article III Section 5 of this charter

6 OTHER RESPONSIBILITIES CoC staff will maintain distribution lists distribute communications to CoC members and the community at large develop and maintain a CoC webpage support CoC committees and workgroups produce and submit applications for funds and perform other duties as assigned by the CoC Board to support the CoC

D CoC COLLABORATIVE COMMITTEE 1 PURPOSE The purpose of the CoC Collaborative Committee is to assist the Board in accomplishing the

responsibilities of the Continuum of Care as described in Article IV

2 MEMBERSHIP Participation in the Continuum of Care is open through the CoC Collaborative Committee to interested organizations and to interested individuals representing the community at large Member agencies will be responsible for identifying CoC representatives Participating agencies may have more than one person identified as a CoC representative Homeless and formerly homeless people are encouraged and supported to participate A roster of CoC Collaborative Committee participants will be maintained and posted on the CoC website

3 VOTING Each member organization and community at large member who has participated in at least two (2) meetings in the preceding twelve (12) months after the initial year of CoC operations shall have one vote at subsequent meetings on each matter submitted to a vote of CoC members To the maximum extent possible committee meetings shall operate on a consensus basis However members can request a majority vote on specific issues Agencies with more than one representative in attendance will determine in advance which representative will vote In all cases each member organization has only one vote

4 RESIGNATION Member agencies may resign from the CoC Collaborative Committee by sending a

written communication to CoC staff

5 CO-CHAIRS The CoC Board will appoint co-chairs to facilitate CoC Collaborative Committee meetings based on nominations from the CoC Collaborative Committee One co-chair will represent the public (governmental) sector and the other will represent the private (nongovernmental) sector Co-chairs will serve for two-year terms and may be reappointed by the Board

5 RECRUITMENT AND OUTREACH The CoC Board will publish and disseminate an open invitation at least annually for those within the CoC area to join as new CoC Collaborative Committee members CoC staff will document recruitment efforts The CoC Board will identify and address membership gaps in essential sectors and will recruit so that membership requirements are being met pursuant to 24 CFR part 5787 Outreach will be conducted to obtain representation from the following groups listed in 24 CFR part 5785(a)

a Nonprofit homeless assistance providers b Victim service providers c Faith-based organizations d Governments

Page 69 of 81

6

e Businesses f Advocates g Public housing agencies h School districts i Social service providers j Mental health agencies k Hospitals and health care organizations l Universities m Affordable housing developers n Law enforcement o Organizations that serve veterans p Homeless and formerly homeless individuals and q Other relevant organizations within the CoCrsquos geographic boundaries such as organizations and coalitions that serve unaccompanied youth employment councils substance abuse providers and early learning hubs

E COMMITTEES AND WORKGROUPS 1 STANDING COMMITTEES AND WORKGROUPS The CoC Board will appoint members representing

organizations participating in the CoC Collaborative Committee to the standing committees and workgroups listed in this section as E1 a through d The Board will also designate chairs or co-chairs to facilitate committee or workgroup meetings CoC staff will be assigned to take notes at committee and workgroup meetings and assure that CoC policies and processes are followed CoC staff will also maintain lists of committee and workgroup membership and post the lists to the CoC webpage a PERFORMANCE AND EVALUATION COMMITTEE The Performance and Evaluation Committee shall

review and recommend to the Board the policies timelines and scoring tools for application review and ranking process as part of the Continuum of Care competition for funds The Performance and Evaluation Committee shall also be responsible for monitoring and reviewing CoC-funded projects and general system performance The Performance and Evaluation Committee shall make recommendations to the CoC Board to improve system performance with input from the CoC Collaborative Committee Members of this committee may not have a conflict of interest described in Article III and may not be recipients of HUD funds i The CoC Board will appoint a subcommittee of not fewer than five (5) Performance and

Evaluation Subcommittee members to review and rank project applications during the annual process described in Article IV Section E

ii The Board will strive to appoint subcommittee members who are knowledgeable about homelessness and housing in the region and representative of relevant sectors subpopulations and geographic areas of the region

iii Subcommittee members must have completed conflict of interest forms on file with CoC staff affirming that they are not employees or do not have a business relationship or other conflicts of interest as described in Article III

iv Subcommittee members must be willing to dedicate time for application review and subcommittee meetings during the application process

b COORDINATED ENTRY COMMITTEE The Coordinated Entry Committee creates the policies and

procedures for the CoCrsquos coordinated entry system The committee is also responsible for monitoring the progress of organizations implementing coordinated entry to ensure it is functioning effectively arranging for technical assistance to participating organizations and recommending changes as necessary The committee shall recruit agencies for participation in coordinated entry

Page 70 of 81

7

c HMIS USERS WORKGROUP The HMIS Users Workgroup consists of representatives from organizations using the Homeless Management Information System (HMIS) The workgroup is co-chaired by the HMIS Lead organization or its designee and the HMIS Designated Coordination Entity as described in Article IVB2 The workgroup shall monitor the progress of organizations using HMIS develop strategies for improving HMIS ease of use troubleshoot data reporting and data quality issues and review and make recommendations on HMIS policies and protocols to the HMIS Lead HMIS Coordination Entity and CoC Board

d POINT-IN-TIME COUNT WORKGROUP The Point-in-Time Count workgroup shall work with the

HMIS Coordination Entity named in Section D2 to organize and conduct the Point-in-Time count including recruitment training and support of volunteer outreach workers for the event

2 SPECIAL COMMITTEES AND WORKGROUPS The Board may authorize the formation of special

committees or workgroups as necessary to deal with specific problems or issues as the Board believes appropriate The Board will appoint members to special committees and workgroups These special committees or workgroups will be time limited and be provided a scope of work from the Board Special committees and workgroups will report their findings and recommendations to the Board upon request or upon the conclusion of their work

3 EXECUTIVE COMMITTEE The Executive Committee is composed of the chair vice chair and at least

three additional Board members The committee works closely with staff to guide the work of the CoC Board Committee members may not serve on the Performance and Evaluation Committee Committee responsibilities include the following a Prepare meeting agendas and ensure matters are ready for Board meetings b Act on matters when authority has been delegated by the full Board to do so and c Act on time sensitive administrative matters that require a decision between Board meetings with

notice provided to all Board members prior to taking action and with the action(s) to be ratified at the next Board meeting Time sensitive administrative matters include but are not limited to required municipal state or federal reports and letters of support associated with grant applications Action will not be taken under this subsection if any Board member notifies the Board Chair of the members objection prior to the Executive Committees action on a time sensitive matter

4 APPEALS COMMITTEE The Board may appoint a committee of three (3) Board members to review and

make appeal decisions during the application process described in Article IV Section E Those appointed to the Appeals Committee may not have participated in the rank and review process must have signed conflict of interest forms on file with CoC staff and must affirm upon committee appointment that they do not have conflicts of interest with agencies applying for CoC Program funding In the alternative the Board may also delegate this responsibility to the Executive Committee

Page 71 of 81

8

ARTICLE III CONFLICT OF INTEREST AND CODE OF CONDUCT

NUUM OF CARE GOVERNANC A CONFLICT OF INTEREST

1 GENERAL PROVISIONS A conflict of interest is a situation in which a CoC Board member or one of his or her family members has a personal or financial interest that compromises or could compromise the Board or committee memberrsquos independence of judgment in exercising his or her responsibilities to the CoC It is the position of this CoC that conflicts of interest shall not compromise the CoCrsquos work and that even the appearance of a conflict shall be avoided in all circumstances

2 ADHERENCE TO CONFLICT OF INTEREST POLICY CoC Board and committee members are expected to adhere to the CoC Conflict of Interest Policy which requires the member to minimize conflicts of interest disclose ethical legal financial and other conflicts and remove themselves from decision-making if they would otherwise be called on to act on a conflict involving themselves their family members or entities with which they or their family members are closely associated Under the policy Board members are required to disclose actual or potential conflicts of interest as well as certain relationships and transactions No CoC Board member may participate in or influence discussions or resulting decisions concerning the award of a grant or other financial benefits to the organization that the member represents pursuant to 24 CFR part 57895

3 DEFINITIONS The CoC will assure that Board and committee members acknowledge the federal and state definitions of conflict of interest and are in full compliance with state and federal law a Conflict of Interest definitions aligning with federal statute are

i Conflict of Interest generally means a situation in which a Board member or his or her immediate family member has directly him- or herself or indirectly through another individual or entity a personal or financial interest that compromises or could compromise the Board memberrsquos independence of judgment in exercising his or her responsibilities to the CoC

ii Prohibited Conflict of Interest means a conflict of interest that would prevent a Board member from serving on the Board or participating in any of the Board activities A Board member who has a potential or actual Prohibited Conflict of Interest must resign from the Board Prohibited Conflicts of Interest include CoC compensation and employment loans federal employee status use of CoC equipment facilities assets or staff time for non-CoC purposes and acceptance of gifts gratuities favors or anything of monetary value

iii Issue-Specific Conflict of Interest means a conflict of interest that would prevent a Board member from voting on or being present during the discussion of a specific issue such as votes on contracts and CoC leadership

b Oregon Revised Statutes Chapter 244 defines actual and potential conflict of interests for members

of public bodies No Board or committee member shall participate in a decision in which he or she has a private pecuniary interest Affected members shall disqualify themselves from participation by written notification to the Board as required by ORS 244120

i A potential conflict of interest exists when a Board or committee member takes an action that

reasonably could be expected to have a financial impact on that member a relative or a business with which the member or members relative is associated The member may participate in an action after declaring the potential conflict and announcing its nature

Page 72 of 81

9

ii An actual conflict of interest exists when an action is reasonably certain to result in a special benefit or detriment to the member a relative or a business with which the member or members relative is associated The member will declare the actual conflict and announce its nature The member must then refrain from taking any official action except when the members vote is necessary to achieve a quorum When a vote is necessary to achieve a quorum the member may vote but may not participate in any discussion or debate on the issue out of which the actual conflict arises

4 PENALTIES A Board member who purposefully conceals a conflict of interest refuses to recuse him- or

herself from voting or engages in other conduct that violates the CoC Conflict of Interest policy will be subject to removal from the Board

5 ANNUAL DECLARATION Board and committee members are to annually receive a copy of the CoC Conflict of Interest Policy sign the CoCrsquos Conflict of Interest form and submit the form to CoC staff

B B CODE OF CONDUCT 1 GENERAL PROVISIONS CoC members are expected to observe the highest standards of ethical conduct

in the execution of their responsibilities to conduct themselves with courtesy and respect and to refrain from harassment intimidation discrimination and physical or verbal abuse

2 CONFIDENTIALITY CoC members must respect and maintain the confidentiality of sensitive information

they may gain from their association with the CoC This may include personal information about community members experiencing homelessness

3 RESPONSIBILITY AND INTEGRITY In the performance of their duties CoC members are expected to carry out CoC duties to the best of their abilities and to maintain the highest standards of integrity for actions with other CoC members including CoC Board members service providers service recipients and members of the general public CoC Board and committee members shall put forth honest effort in the performance of their duties to advance the CoCrsquos mission exercising sufficient control and supervision over matters for which they are individually responsible and should not do anything to bring the full CoC or its members into disrepute

4 MISUSE OF POSITION Misuse of position is prohibited A CoC member must not use his or her position with the CoC for personal gain or for the benefit of family or friends

5 COMMUNICATIONS CoC members shall make clear when communicating publicly or with the media whether they are speaking in their own name on behalf of their agency or organization or on behalf of the CoC if the CoC Board has empowered them to speak on the CoCrsquos behalf

6 WASTE FRAUD AND ABUSE CoC members shall disclose waste fraud abuse and corruption in the operation of the Continuum of Care to appropriate authorities

7 EQUAL OPPORTUNITY CoC Board members shall adhere to laws and regulations that provide equal opportunity for all people regardless of race color religion gender identity national origin ethnicity sexual orientation age or disability

Page 73 of 81

10

8 PENALTIES This Code of Conduct will be distributed annually to CoC members Members in violation of any portion of this Code of Conduct will be subject to disciplinary action which could include immediate termination from the CoC Board or CoC committees

9 ANNUAL DECLARATION Board members are to annually receive a copy of the Code of Conduct acknowledge receipt by signing a form and submit a copy of the signed form to CoC staff

O ARTICLE II CONTINUUM FCARE GOVERNANCE STRUCTURE

ARTICLE IV OPERATING THE CONTINUUM OF CARE

A CoC RESPONSIBILITIES The CoC Board is responsible for assuring that the following responsibilities are accomplished with broad participation from CoC stakeholders

1 Hold meetings of the full membership with published agendas at least semi-annually pursuant to 24 CFR part 5787(a)(1)

2 Make an invitation for new members to join the CoC publicly available within the geographic area at least annually pursuant to 24 CFR part 5787(a)(2)

3 Adopt and follow a written process to select a board to act on behalf of the CoC The process must be reviewed updated and approved by the CoC at least once every five (5) years pursuant to 24 CFR part 5787(a)(3)

4 Appoint additional committees subcommittees or workgroups pursuant to 24 CFR part 5787(a)(4)

5 In consultation with the Collaborative Applicant and HMIS Lead develop follow and update annually a governance charter which will include all procedures and policies needed to comply with Subpart B of part 5787 and with HMIS requirements as prescribed by HUD and a code of conduct and recusal process for the board its chair(s) and any person acting on behalf of the board pursuant to 24 CFR part 5787(a)(5)

6 Consult with recipients and subrecipients to establish performance targets appropriate for population and program type monitor recipient and subrecipient performance evaluate outcomes and take action against poor performers pursuant to 24 CFR part 5787(a)(6)

7 Evaluate outcomes of projects funded under the Emergency Solutions Grants (ESG) program and the CoC program and report to HUD pursuant to 24 CFR part 5787(a)(7)

8 In consultation with recipients of Emergency Solutions Grants program funds within the geographic area establish and operate either a centralized or coordinated assessment system that provides an initial comprehensive assessment of the needs of individuals for housing and services The CoC must develop a specific policy to guide the operation of the centralized or coordinated assessment system on how its system will address the needs of individuals and families who are fleeing or attempting to flee domestic violence dating violence sexual assault or stalking but who are seeking shelter or services from nonvictim service providers This requirement along with requirements established by HUD by notice is pursuant to 24 CFR part 5787(a)(8)

Page 74 of 81

11

9 In consultation with recipients of Emergency Solutions Grants program funds within the geographic

area establish and consistently follow written standards for providing CoC assistance as further described in 24 CFR part 5787(a)(9)

10 Designate and operate a single Homeless Management Information System (HMIS) for the geographic area including designating a single system and an HMIS lead reviewing revising and approving a privacy plan security plan and data quality plan for the HMIS ensuring consistent participation of recipients and subrecipients in the HMIS and ensuring that the HMIS is administered in compliance with HUD requirements pursuant to 24 CFR part 5787(b)

11 Develop a CoC plan that includes coordinating the implementation of a housing and service system that meets the needs of homeless individuals including unaccompanied youth and families The system shall include at a minimum outreach engagement assessment shelter housing supportive services and prevention strategies pursuant to 24 CFR part 5787(c)(1)

12 Plan for and conduct at least biennially a Point-in-Time Count of homeless persons within the geographic area as described in 24 CFR part 5787(c)(2)

13 Conduct an annual gaps analysis of the homeless needs and services available within the geographic area pursuant to 24 CFR part 5787(c)(3)

14 Provide information required to complete the Consolidated Plan(s) within the CoCrsquos geographic area pursuant to 24 CFR part 5787(c)(4)

15 Consult with state and local government Emergency Solutions Grants program recipients within the CoCrsquos geographic area on the plan for allocating Emergency Solutions Grants program funds and reporting on and evaluating the performance of Emergency Solutions Grants program recipients and subrecipients pursuant to 24 CFR part 5787(c)(5)

16 Prepare an application for funds that includes a collaborative process in response to a Notice of Funding Availability (NOFA) published by HUD under 24 CFR part 57819

17 OF THE COC AND THE COC BOARD

B CoC REPORTS The CoC Board shall approve the following reports and documents prior to releasing such reports and documents to the community

1 CoC Program Project Priority List 2 Inventory of Homeless Services 3 Annual or Biennial Point-in-Time Count Report 4 Housing Inventory Chart 5 Longitudinal Systems Analysis (LSA) and 6 Homeless Coordinated Entry System Report

Page 75 of 81

12

C CoC CORRECTIVE ACTIONS PROCESS 1 ANNUAL PROGRAM REVIEW CoC funded programs or projects will be reviewed by the Performance

and Evaluation Committee annually with findings reported to the CoC Board 2 RESPONSES TO IMPROVE PROGRAM PERFORMANCE

a Should the Board determine that a program is not meeting established performance measures staff will notify the program or project in writing The organization overseeing the program or project will have the opportunity to provide additional performance information within 30 days of receipt of the CoC notification

b If the program or projectrsquos performance is related to certain items as determined by the CoC Board such as late Annual Performance Report submissions unused funding low utilization low exits to permanent housing low scores on income measures or alignment of program participation with wait list protocols the CoC Board may place a program on probation to improve its performance

c During the probationary period the CoC will enter into a Performance Improvement Agreement with the program or project needing improvement listing specific expectations and timeline

d CoC staff will facilitate technical assistance as needed and available as part of the Performance Improvement Agreement The organization overseeing the program or project is responsible for requesting specific assistance in low-scoring performance areas and requesting clarifications from the CoC about performance measures and expectations

e The length of the probationary period will be proposed by the Performance and Evaluation Committee negotiated by CoC staff and approved by the CoC Board Extensions may be requested for extenuating circumstances and are subject to Board approval If the program or project does not fulfill the agreed-upon expectations included in the Performance Improvement Agreement the Board may reduce funding or ranking may reject future applications from that program or project for HUD CoC Program funds or other remedies approved by HUD

D DESIGNATING AND OPERATING A HOMELESS MANAGEMENT INFORMATION SYSTEM

1 HMIS PURPOSE The primary purpose of the CoCrsquos Homeless Management Information System (HMIS) is to aggregate data on homelessness across Marion and Polk counties to accurately describe the regionrsquos scope and evaluate the effectiveness of efforts to reduce and end homelessness The CoC uses HMIS to a Understand the characteristics and service needs of homeless people b Analyze how homeless people use services c Evaluate program effectiveness and outcomes d Improve access to and delivery of services for people experiencing homelessness and e Strengthen community planning and resource allocation

2 DESIGNATED HMIS ROLES Oregon Housing amp Community Services (OHCS) is designated as the HMIS Lead AgencyAdministrator Portland Housing Bureau is the vendor that provides the licensed software for the HMIS system Mid-Willamette Community Action Agency is designated as the CoC regionrsquos HMIS Coordination Entity designated by the HMIS Lead to coordinate data collection and data analysis for the region The CoC Board oversees the work of the HMIS partners

3 HMIS DECISIONMAKING AUTHORITY HMIS decisions which affect local CoC operations are made by the

HMIS Administrator in consultation with the HMIS Users Workgroup and HMIS Coordination Entity HMIS decisions which affect CoCs participating in statewide HMIS implementation will be made by the Northwest Social Services Connections Committee with representation from each CoC in Oregon The

Page 76 of 81

13

HMIS Lead will keep CoC staff informed of issues and decisions and will provide a summary of key decisions to the CoC Board at least annually

4 HMIS LEAD RESPONSIBILITIES Oregon Housing amp Community Services as HMIS Lead works closely with

the CoC and is responsible for maintaining the CoCrsquos HMIS system in compliance with HUD standards OHCS is responsible for coordinating the following activities a Providing operation security maintenance system auditing and technical support of HMIS central

hardware software and connectivity b Executing a written HMIS Participation Agreement with each Contributing HMIS Organization (CHO)

which includes the role obligations and authority of the HMIS Lead and the organization and requirements to comply with security privacy and data quality plans

c Setting up and managing user accounts access levels and passwords d Providing technical and user support for HMIS software including agency account set-up system

monitoring and testing problem diagnosis and resolution and routine software and information maintenance

e Providing and coordinating ongoing training and technical support for the system f Ensuring consistent HMIS participation by CoC and Emergency Shelter Grant (ESG)recipients and

subrecipients g Maintaining and updating a Privacy Plan Security Plan and Data Quality Plan h Ensuring the accuracy of data including regularly assessing that all participating agencies are

accurately and comprehensively capturing participant entry and exit dates and providing technical assistance to correct data quality challenges

i Coordinating regular end user meetings ie HMIS Users Workgroup meetings to discuss software updates data entry report writing and system management issues

j Serving as point of contact for end user questions and concerns k Assessing compliance with the CoCrsquos HMIS Policies and Procedures Manual l Maintaining contact with the software product developer to ensure consistent and uniform

communication among product support personnel and the community m Generating information on the communityrsquos homeless and housing situation for community

planning advocacy and funder reporting requirements n Assisting end users in the creation of custom reports and queries o Providing regular aggregate data reports to participating agencies CoC staff and the CoC Board p Reviewing and implementing product upgrades q Completing the Annual Homeless Assessment Report r Conducting regular data quality checks and providing reports to the CoC Board and s Serving as the applicant to HUD for grant funds to be used for HMIS activities for the CoCrsquos

geographic area as approved by the CoC Board

5 PROVIDER PARTICIPATION Any organization within the CoC geographic region that receives Continuum of Care Program and Emergency Solutions Grant (ESG) funds must participate in HMIS as a Contributing HMIS Organization (CHO) In addition the CoC encourages all providers of services to homeless individuals and families within the CoC geographic area regardless of whether they receive CoC or ESG funds to become a CHO and include their data in HMIS

6 HMIS MANUAL To ensure compliance with HUD requirements the HMIS Lead in collaboration with the

HMIS Coordination Entity HMIS Users Workgroup and other stakeholders is responsible for developing and annually reviewing and updating the CoCrsquos HMIS Policies amp Procedures Manual The manual provides the framework for the ongoing operations of the HMIS system It includes the CoCrsquos privacy data quality and security plans for the HMIS system At any time the HMIS Lead HMIS Coordination Entity HMIS Users Workgroup or CoC Collaborative Committee may identify elements of policies or

Page 77 of 81

14

procedures or other HMIS-related plans that need to be revised Recommendations for revisions are to be submitted to the HMIS Lead The HMIS Lead will present the HMIS Policies amp Procedures Manual to the CoC Board annually or more frequently if significant substantive changes are proposed

E PREPARING AN APPLICATION FOR FUNDS 1 PURPOSE A major function of the Continuum of Care is to prepare and oversee the applications for CoC

funds administered by HUD under the McKinney-Vento Homeless Assistance Act The CoC Program is designed to assist individuals and families experiencing homelessness and to provide the services needed to help them move into housing with the goal of long-term stability The CoC Program funds important housing and services programs such as permanent housing (including permanent supportive housing and rapid re-housing) transitional housing and supportive services programs HUD CoC Program funds are granted annually based on a national competition following the release a Notice of Funding Availability (NOFA) Recipients of Emergency Solutions Grant funds another homeless assistance grant administered under the McKinney-Vento Act are required by HUD to coordinate with the CoC The CoC addresses that requirement through coordinating with the ESG review and ranking process and ESG scoring tool development

2 COLLABORATIVE APPLICANT The Mid-Willamette Valley Council of Governments (COG) is designated as

the CoC Collaborative Applicant and is responsible for leading and supporting all aspects of the annual HUD CoC NOFA application process including submission of the Consolidated Application

3 PROJECT REVIEW PROCESS

a Immediately after HUDrsquos Continuum of Care Program NOFA is released the Collaborative Applicant will coordinate and carry out the activities needed to successfully submit a Consolidated Application on behalf of the CoC

b Tasks required for project review in preparation for NOFA submission include the following

i Prior to the NOFA release the Collaborative Applicant will develop a draft timeline for the NOFA process and design scoring tools and any corresponding local application materials to assist in the review and ranking of renewal and new project applicants Review and ranking materials will take into consideration both local and HUD priorities

ii Scoring tools and the draft timeline will be reviewed by the Performance and Evaluation Committee and recommended to the CoC Board for approval

iii Upon publication of the NOFA the Collaborative Applicant will schedule and publicize a date and time for a Technical Assistance Workshop and finalize the timeline and priorities for the NOFA process

iv Applicants may participate in the Technical Assistance Workshop At the workshop the Collaborative Applicant will present an overview of the NOFA and the process for reviewing and ranking applications The orientation will describe HUD application requirements supplemental local application materials the scoring tool and applicable deadlines and dates Applicants will also have an opportunity to ask questions The CoCrsquos NOFA timeline and application materials will be posted in the CoC webpage

v Applicants will complete and submit application materials by the established deadline vi Late applications will not be accepted vii As an exception to Article IVD3bvi applicants with significant extenuating circumstances may

submit a petition to CoC staff for an extension Extensions require the approval of the CoC Board or the CoC Executive Committee if delegated the authority for this purpose by the Board It is anticipated that exceptions will be granted in very rare circumstances and not applied in

Page 78 of 81

15

situations where advance planning could have resulted in the application being submitted timely

viii Incomplete applications cannot be supplemented with more information or materials to reach a level of completeness once submitted to the CoC for review and ranking but must be completed prior to HUD submission if selected for funding

ix A subcommittee of the Performance and Evaluation Committee is appointed by the CoC Board to review and rank project applications as described in Article II Section E Subcommittee members receive and review application and scoring materials prior to the subcommittee meeting in preparation to score each programrsquos application

x The subcommittee of the Performance and Evaluation Committee meets to jointly discuss and critique each application and may interview applicants as part of the meeting If applicant interviews are included in the review process all applicants must have the opportunity for an interview After discussion and any applicant interviews subcommittee members individually score applications based on the scoring tools

xi A preliminary ranked list is created by the following procedures (a) A ranked list is prepared based on a composite of raw scores for each application (b) Applications that do not meet certain threshold requirements as detailed on the scoring

tool will not be included on the ranked list (c) If the NOFA makes available bonus funds in a program area the highest scoring eligible

projects will be designated for bonus funding in those relevant program areas xii The CoCrsquos goals for priority funding are to promote high-performing projects in alignment with

community and federal priorities Scoring tools will reflect the communityrsquos implementation of local and federal priorities as determined by the CoC Board

xiii Scores and subcommittee feedback on applications are sent to applicants along with a reminder of the appeals process and deadline by the established deadline

4 REALLOCATION OF FUNDS HUD encourages CoCs to reallocate funds from projects with substandard

performance to higher priority community needs that also align with HUD priorities and goals Prior to the release of the NOFA the Performance and Evaluation Committee facilitates a reallocation discussion in consultation with the CoC Collaborative Committee and CoC Board Scenarios for potential reallocation decisions based on the CoCrsquos gaps analysis and strategic plan are provided to the Performance and Evaluation Subcommittee to consider during the ranking process Final reallocation decisions are approved by the CoC Board

5 APPEALS a APPEALS COMMITTEE As described in Article II Section E appeals are considered by the Appeals

Committee or Executive Committee as designated by CoC Board The Appeals Committee will be established only if an applicant requests an appeal

b ELIGIBILITY TO APPEAL Eligible applicants have the opportunity to appeal both their scores and

preliminary rankings prior to the ranked list being finalized and approved by the CoC Board i The following applicants are eligible to appeal

(a) An applicant that receives less funding than applied for (b) An applicant that is ranked below Tier 1 (c) An applicant that is ranked in the bottom third of Tier 1 (d) An applicant that believes its score is not reflective of the application information provided

or (e) An applicant that can describe bias or unfairness in the process that warrants the appeal

ii Applicants that have not met the threshold requirements are not eligible to appeal

Page 79 of 81

16

c APPEALS PROCESS i Appeals must be received in writing with supporting documentation by the established

deadline ii Notices of appeal must be based on the information submitted by the application deadline No

additional or new information will be considered iii The notice of appeal must include a written statement specifying in detail the grounds and

rationale asserted for the appeal iv Valid appeals will be read reviewed and evaluated by the Appeals Committee that will meet to

consider and deliberate appeals based on the applicantrsquos appeal statement and the application materials that the applicant originally submitted to the CoC

v The Appeals Committee will make modifications to the preliminary list based on the results of the appeals process Appeals Committee decisions must be supported by a 23 majority vote

vi The appealing agency will receive a written decision of the Appeals Committee within two (2) business days of the Appeals Committee meeting

vii Appeals Committee decisions result in the final prioritized list submitted for approval to the CoC Board

6 FINAL PRIORITIZED LIST OF APPLICATIONS

a A final ranked project list is submitted to the CoC Board for review and approval after appeals have been determined and the Appeals Committee has made any modifications to the preliminary prioritized list Any Board member with a conflict of interest must recuse himself or herself from all related discussions and abstain from voting on the final priority list As stated in Article II Section A and Article III Board members with conflicts of interest are subject to removal from the Board

b The Collaborative Applicant submits the CoCrsquos approved Consolidated Application to HUD prior to the HUD NOFA deadline

c Conditional award funding is typically based upon the prioritized list of Project Applicants that is submitted however actual awards and award amounts are determined by HUD

ARTICLE V CHARTER AMENDMENTS

1 PROCESS This governance charter may be amended at any CoC Board meeting by a 23 majority vote of the appointed voting Board membership Copies of proposed amendments will be available for review at least one week prior to the Board meeting at which the proposed amendments are considered The Board will seek prior review and recommendation by the CoC Collaborative Committee of any amendments to the charter unless circumstances require an immediate change In the latter situation CoC staff will provide an explanation of the circumstances and provide opportunity for comments and input prior to and as part of the Board meeting

2 FREQUENCY OF REVIEW The CoC Collaborative Committee and Board will review this charter annually

Page 80 of 81

PENDING CITY COUNCIL AGENDA ITEMS 04092020

APRIL 14 2020 - 630 PM APRIL 28 2020 - 630 PM

Agenda items due 1000 am 040920 Agenda items due 1000 am 042320

raquo Hearing amp ord Code changes (comm stds) (Fred)

raquo OLCC appl - The Tap Station (Hedlund) raquo Ordinance - code changes (HPC)

raquo Cherriotts Bus Stop Parking (Kie) raquo Liquor licensing policy

raquo Homeless Alliance IGA (Tom) raquo Alcohol concessions contract (Tom)

raquo AXON contract (Bob) raquo Event Center contract (TomShawn)

raquo Res 1526 USDA grant application (Shawn) raquo Info Report 3Q Finance Report (Gloria)

raquo raquo F Street Design RFP Selection (Kie)

raquo raquoraquo raquo MinutesNotesPACTracking Log

raquo raquo Liaison Reports MINET Park amp Rec

raquo MinutesNotesPACTracking Log and Planning

+ Urban Renewal Agency if needed + Urban Renewal Agency if neededMAY 12 2020 - 630 PM MAY 26 2020 - 630 PM

Agenda items due 1000 am 050720 Agenda items due 1000 am 052120

raquo Parking ordinance update review raquoraquo Arbor Day proclamation raquoraquo TSP Consultant presentation raquoraquo Museum presentation (Carly) raquoraquo Lot 7 DDA (ShawnTom) raquoraquo raquo MinutesNotesPACTracking Log

raquo raquo Liaison Reports Library WIMPEG

raquo MinutesNotesPACTracking Log and Museum Commission

+ Urban Renewal Agency if needed + Urban Renewal Agency if neededJUNE 9 2020 - 630 PM JUNE 23 2020 - 630 PM

Agenda items due 1000 am 060420 Agenda items due 1000 am 061820

raquo raquo Budget Adoption

raquo raquoraquo raquoraquo raquoraquo raquoraquo raquo MinutesNotesPACTracking Log

raquo raquo Liaison Reports Traffic Safety Historic Preservation

raquo MinutesNotesPACTracking Log and Independence Days

+ Urban Renewal Agency if needed + Urban Renewal Agency if neededFuture Items City Council LiaisonsIndpMonm IGA re MINET (City Mgr) Historic Preservation Commission Councilor Takacs2019 Transportation financing discussion (unf bsn) Hop amp Heritage Block Party Councilor CorrDuplex ADU worksession HPC worksession Independence Days Commission Councilor CorrJan 2021 - 9th St Sewer projects bid award (kie) Library Board Councilor MortonOverlay project award (Winter 2020) (Kie) MINET Councilor HicksF St Construction Award Museum Advisory Board Councilor MortonHoffmanGun club intersection project (wk ssn) (Kie) Parks amp Rec Committee Councilor Martin-WillisPublic Hearing LA-04-2018 (HPC code update) (Fred) Planning Commission Councilor Martin-WillisOnstreet parking regulations (BobTom) Traffic Safety Commission Councilor TakacsSidewalk program (KieShawnTom) WIMPEG Councilor Ranstrom-Smith(IMC) update Building Codes provisions

Budget MeetingsMar 25 Budget Committee Orientation (rescheduling TBA)May 6th Budget CommitteeMay 13th Budget CommitteeMay 20th Budget Committee (if needed)June 23rd Council - Budget Adoption

Page 81 of 81

  • Agenda
  • 31 March 24 2020
  • 61 Council Action Memo
  • 61 Cherriots Presentation
  • 71 Council Action Memo
  • 71 Tap Station OLCC application
  • 72 Council Action Memo
  • 72 AXON Proposal
  • 73 Council Action Memo
  • 73 Resolution 20-1526
  • 74 Council Action Memo
  • 74 Interim IGA
  • 74 COG Scope of Work
  • 74 MWHA Governance Charter
  • 91 04-09-2020
Page 16: City of Independence

492020

1 4

7

Website examples of parking removals

E Street (between 10th and 11th ) Main Street Oak Street

8

Next Stepsbull Seek approval for stops and no-parking zones from three cities ndash

April amp May

bull Release bid package to potential contractors ndash June or July

bull Begin marketing new service at least 30 days in advance of launch

bull Install new stop poles amp signs ndash August

bull Launch new service September 2020

bull Continue marketing new service actively in September

7

8

Page 16 of 81

492020

1 5

9

Conclusionsbull Public outreach allowed public to weigh in on service

design and bus stop locationsbull Property owners have been notified of pending parking

removals by the citybull Removal of parking is necessary for the safety of the riding

public and to comply with the ADAbull Worked with community members and city public works

department to develop final planbull Request for parking removals for bus stops will come from

public works department (Kie Cottam)

10

Questions

9

10

Page 17 of 81

492020

1 6

11

11

Page 18 of 81

CITY OF INDEPENDENCE OREGONMEMORANDUM

TO Honorable Mayor and City Council

FROM Tom Pessemier City Manager

SUBJECT New Establishment Liquor License Applicant

DATE April 9 2020

Action Requested X Information Only

Statement of Issue

The Tap Station LLC DBA The Tap Station located at 87 N Main St has made an application with the Oregon Liquor Control Commission for Additional Privilege This license would allow the licensee to sell wine malt beverages and ciders for Off-Premises Consumption This application is submitted as a result of the recent restrictions put into place for licensed establishments regarding COVID-19 The additional license would allow The Tap Station to selldeliver their products to the consumer for off-premises consumption I have spoken to the OLCC regarding this and they are currently seeing a large increase in these applications and as a result are granting 90-day temporary authority at application with a requirement for follow-up reviewrecommendation by the local authority prior to final decisions or issuance

Background

In 1992 our City adopted resolution 881 which establishes criteria for screening liquor license applications The police department was assigned the task to do initial reviews of each liquor license application The police department then completes a staff report on those findings for the City Council review

Analysis

I have conducted a background investigation for The Tap Station as well as Christopher Ream and did not locate any issues I believe would hinder his operation of this business Christopher has owned and operated The Tap Station since he took over its ownership in the middle of 2019 with no issues or calls for service related to alcohol at the establishment

Fiscal Impact

Page 19 of 81

As of this date I do not know if the fees for this application have been paid

Options

1 Council may recommend approval for this establishment pending the payment of all city fees

2 Council may recommend denying the license for this establishment if reasonable grounds can be established

3 Council may impose an option of its own choosing

Recommended Motion

Option 1 I move to recommend approval of the above liquor license request pending payment of all fees

Attachments

Liquor license application for Additional Privilege

Memo Prepared by

Sergeant Justin Hedlund 46248

Page 20 of 81

reg Read ImportantOregon law requires that every applicant for a liquorlicense obtain a written recommendationfrom the governing body of the county if the place of business of the applicant is outside theincorporated city or from the city councilif the place of business of the applicant is within anincorporated city You must take the attached a lication forms to the a ro riategoverning body After the endorsement process is completed a representative from the city orcounty willcontact you to pick up the application You may deliver the application to the OLCCoffice or retain it until it is requested by the license investigator

Oregon Liquor Control Commission200 Hawthorne Avenue SE Suite Bmdash210Salem OR 97301

Questions Call (503) 378-4871

Page 21 of 81

OREGON LIQUORCONTROLCOMMISSION

LIQUORLICENSEAPPLICATION1 Application Do not includeany OLCCfees with your application packet (the licensefee willbe collected at a latertime) Application is being madefor

LicenseApplied For CITYAND COUNTYUSEONLYBrewery 1st LocationBrewery 2nd LocationBrewery 3rd Location

BrewerymdashPublicHouse 1st LocationBrewery-Public House Znd LocationBrewerymdashFublicHouse 3rd LocationDistillery

Date application received andordate stamp

Name of City or County

FullOn~Premises CommercialFullOnmdashPremisesCatererFull OnmdashPremisesPassenger Carrier

FullOn~Premises Other Public LocationFullOnmdashPremisesFor Profit Private Club

Recommends this license be

III Granted D Denied

FullOnmdashPremisesNonprofit Private Club By

Grower Sales Privilege 1st Location

E Grower Sales Privilege 2nd Location Datelsquo

Grower Sales Privilege 3rd Location OLCCUSEONLYLimited On~Premises

Dateapplictiop receivedOffmdashP lsquo

XI remises

Off-Premises with Fuel PumpsK

V lsquo

Warehouse

ByWholesale Malt Beverage amp Wine

Winery 1st Location LicenseAction(s)Winery Znd Location

Winery 3rd Location

Winery 4th Location He _ Winery 5th Location I IIraquo

2 ldentifythe app|icant(s) applyingforthe license(s) ENTITY(example corporation or LLC)or IND|VlDUAL(S)applyingfor the license(s)

__ raquomdash F7)lee leeSTPiTOs3LLC EmsectQEoCgcEm

(Applicant1) (Applicant2)w JUN

mt I

(Applicant3) (Applicant4) REU_w_lsquo _ -KJI

3 Trade Name ofthe Business (Name Customers Will See)

rdquozTrsigtsectT1rsquorIOlsquovlsquo)4 Business Address (Number and Street Address of the Location that will have the liquor license)

euro7 3 H-IMFraquo STCity ZipCelNraquoDeuroPtNDtNltE rsquoigtoLg 733i

County

OLCCLiquor License Application (Rev 1110)

Page 22 of 81

TtEliigtsectTlTOM5 Trade Name of the Business (Name Customers WillSee)

6 Does the business address currently have an OLCCliquor license E YESlNo7 Does the business address currently have an OLCCmarijuana license EYESXJNO

VDTEOK318 MailingAddressPOBox Number Street Rural Route (where the OLCCwillsend your mail)

City

sectPxE

State

GELZip Code

973019 Phone Number of the Business Location

Btu3amp3 I 17w10 EmailContact for this Application

xxoLtCoIVi11 Contact Person for this Application

Otilsect ilElsquotM

VierctP one Number

OmrsquoSlWtCW3rsquoContact Persons Mailing Address (if different)

701eatevtao we seCity

Sltuim

State Zip Code

OR 0tlsquoIsect07__

Please note that liquor license applications are public records A copy of the application will be posted on the OLCC

website for a period of several weeks

I understand that marijuana (such as use consumption ingestion inhalation samples give-away sale etc) isprohibited on

the licensedpremises

I attest that allanswers on all forms documents and information provided to the OLCCare true and complete

Applicant Signatu rels)

- Each individual person listed as an applicant must sign the application

0 if an applicant is an entity such as a corporation or LLCat least one person who is authorized to sign for the entity

must sign theapplication- A person with the authority to sign on behalf of the applicant (such as the applicants attorney or a person with

power of attorney) may sign the application Ifa person other than an applicant signs the application please

wideroo fsignatureauthority

(A (Applicant2)

(App|icant3) (App|icant4)

otcc Liquor License Application (Rev 11201

Page 23 of 81

OREGON LIQUOR CONTROL COMMISSION

BUSINESS INFORMATION

Please Print or Type

Applicant Name ItET9 StPtT1gtsectgt Phone euroL FZFIVITrade Name (dba) THETAP 3 Tioixs

Business Location Address

City BEPEHDEMCF ZIP Code Ci73sectl

DAYSAND HOURS OF OPERATION

Business Hours Outdoor Area HoursSunday 7mdash- to E2314 Sunday

toMondairsquo __i T0_m MondayTU95daY A I0 E TuesdayWednesday i to WednesdayThursday 3 to

EIFriday __L to __jSaturday IS to I

The outdoor area is used for

KlsquoFood service

Aicohol service

Hours

to

area is adequately viewed andorused by Service Pennittees

(investigators Initials)

Seasonal Variations l31YesEl No if yes explain USEH-qkxig LQ1+JTiZHOOKZRuse Co-mgt-q HRS QceemdashClsquonpoundboeuroeuroeuroJiigtmecent HDUKB

ENTERTAINMENT Check anthat app|y DAYS amp HOURS OF LIVE OR DJ MUSIC

MLive Music E Karaoke

tE Recorded Music D CommdashoperatedGames sectrj3 tgDJ Music B Video Lottery Machines Tuesday to

Wednesday toD Dancing WSocial Gaming Thursday SIDSFriday g to D Nude Entertainers D Pool Tables Saturday 3 to I

D Other

SEATINGCOUNT

Restaurant Outdoor grCraquo OLCC USE ONLY

lsquobk Investigator Veried Seating__(Y) __(N)

Lounge _pound_ Other (explain)mvasgamllnmms

I

lsquo

Banquet Total Seating Date

I understand if my answei7euro)ote a complete the OLCC may deny my license application

Applicant SignatureU

-lsquo Date 3 Z3 lsquoT Z0101-800-452-OLCC (6522)

wwworegongovolcc yrsldquo 1207)Page 24 of 81

555 South Main Street Post Office Box 7 Independence OR 97351

Phone 503838-1212 Fax 503606-3282 email tpessemierciindependenceorus

TO Mayor and City Council FROM City Manager Tom Pessemier MEETING DATE April 14 2020 SUBJECT Approval of 5-year sales contract for

AXON services [ ] Information Only [ X ] Action Requested Statement of Issue A 5-year sales contract with AXON for body-worn cameras Tasers and digital cloud-based storage with software interface is submitted for council consideration Background In 2014 the City of Independence started using body worn cameras in the police department We started by testing different platforms selecting AXON as our preferred provider then negotiated a 5-year contract which was partially grant funded Our current contract expires this month and we have negotiated a new contract for Council consideration Discussion Included in the contract being considered today AXON provides body cameras and Tasers for our officers and CSOrsquos training and training aids and Taser devices for our patrol staff to wear while on patrol These devices are covered under a warranty for the life of the contract as well as a provision for camera replacement around the half-way point of the contract to the newest technology available Certification training for our instructor to be certified to train our staff and other training materials are also included The sales contract also includes software and cloud storage of video The AXON platform which we currently use allows us the ability to transfer video directly to the DArsquos office or others electronically rather than having to build DVDrsquos of video which has saved our records department a lot of time It also provides the ability for citizens to upload video directly to our AXON cloud as well as video redaction capabilities which allows us to comply with Oregon law

CITY OF INDEPENDENCE MEMORANDUM

Page 25 of 81

555 South Main Street Post Office Box 7 Independence OR 97351

Phone 503838-1212 Fax 503606-3282 email tpessemierciindependenceorus

Fiscal Impact The total 5-year contract cost is $131786 broken into annual payments of $26357 Funds are available for this fiscal year in the police department operating budget Funds would be included in the police department budget request for contract years 2-5 Options

1 Approve the contract as proposed 2 Approve the contract with amendments 3 Take no action

RecommendationSuggested Motion Staff recommends Option 1

ldquoI move to authorize the City Manager to sign a service contract for body worn cameras tasers and cloud storage with AXONrdquo Attachments

A Proposed AXON contract

Memo prepared by Robert Mason Police Chief

Page 26 of 81

Payment Terms Net 30

Delivery Method Fedex - Ground

Q-251225-43927723KP

Year 1

Item DescriptionTerm

(Months)Quantity

List Unit

Price Net Unit Price Total (USD)

Axon Plans amp Packages

20248 TASER 7 EVIDENCECOM ACCESS LICENSE 60 1 000 000 000

73687 EVIDENCECOM VIEWER LICENSE 60 1 000 000 000

73746 PROFESSIONAL EVIDENCECOM LICENSE 60 11 000 000 000

73686EVIDENCECOM UNLIMITED AXON DEVICE

STORAGE60 11 000 000 000

73683 10 GB EVIDENCECOM A-LA-CART STORAGE 60 110 000 000 000

73449 AWARE LICENSE 60 11 000 000 000

20248 TASER 7 EVIDENCECOM ACCESS LICENSE 60 11 000 000 000

20246TASER 7 DUTY CARTRIDGE REPLACEMENT

ACCESS LICENSE60 11 000 000 000

73683 10 GB EVIDENCECOM A-LA-CART STORAGE 60 10 000 000 000

73840 EVIDENCECOM BASIC ACCESS LICENSE 60 10 000 000 000

Hardware

20160TASER 7 HOLSTER - SAFARILAND RH+CART

CARRIER11 000 000 000

75015 SIGNAL SIDEARM KIT 11 000 000 000

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

Issued 04062020

Quote Expiration 05152020

Account Number 110011 Axon Enterprise Inc17800 N 85th St

Scottsdale Arizona 85255

United States

Phone (800) 978-2737

Protect Life

PRIMARY CONTACT

Justin Hedlund

Phone (503) 837-1109

Email hedlundjustinciindependenceorus

BILL TO

Independence Police Dept - OR

P O Box 7

Independence OR 97351

US

SHIP TO

Justin Hedlund

Independence Police Dept - OR

555 S Main Street

Independence OR 97351

US

SALES REPRESENTATIVE

Kyle Panasewicz

Phone (480) 905-2071

Email kylepaxoncom

Fax (480) 658-0673

Q-251225-43927723KP

1

Page 27 of 81

Year 1 (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware (Continued)

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

20014TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE STANDOFF (322 000 000 000

20015TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE CLOSE QUART22 000 000 000

20008TASER 7 HANDLE HIGH VISIBILITY (GREEN

LASER) CLASS 3R11 000 000 000

20040 TASER 7 HANDLE WARRANTY 4-YEAR 11 000 000 000

20018 TASER 7 BATTERY PACK TACTICAL 13 000 000 000

20041TASER 7 BATTERY PACK WARRANTY 4-

YEAR13 000 000 000

20042TASER 7 DOCK amp CORE WARRANTY 4-

YEAR1 000 000 000

70033WALL MOUNT BRACKET ASSY

EVIDENCECOM DOCK1 000 000 000

74200 TASER 7 6-BAY DOCK AND CORE 1 000 000 000

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)33 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)33 000 000 000

20016TASER 7 INERT CARTRIDGE STANDOFF

(35-DEGREE)1 000 000 000

20017TASER 7 INERT CARTRIDGE CLOSE

QUARTERS (12-DEGREE)1 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

73202 AXON BODY 3 - NA10 5 69900 63260 316300

74028 WING CLIP MOUNT AXON RAPIDLOCK 5 000 000 000

11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 5 000 000 000

Other

73810 OFFICER SAFETY PLAN 7 60 11 000 000 000

Not Eligible

TASER 7

INSTRUCTO

R COURSE

VOUCHER

Not Eligible TASER 7 INSTRUCTOR COURSE

VOUCHER1 000 000 000

Protect LifeQ-251225-43927723KP

2

Page 28 of 81

Year 1 (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Other (Continued)

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 132442 1456862

Not Eligible

TASER 7

MASTER

INSTRUCTO

R SCHOOL

VOUC

Not Eligible TASER 7 MASTER INSTRUCTOR

SCHOOL VOUCHER1 000 000 000

Not Eligible

Target and

Frame

Not Eligible Target and Frame 11 000 000 000

Not Eligible

Halt SuitNot Eligible Halt Suit 1 000 000 000

20135OCULUS GO STANDALONE VIRTUAL

REALITY HEADSET1 000 000 000

20247TASER 7 ONLINE TRAINING CONTENT

ACCESS LICENSE60 11 000 000 000

20249VR EMPATHY DEVELOPMENT AUTISM

SCHIZOPHRENIA ACCESS LICENSE60 11 000 000 000

73827 AB3 CAMERA TAP WARRANTY 60 5 000 000 000

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2118510

Estimated

Shipping000

Estimated Tax 000

Total 2118510

Year 1 - TAP Refresh

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

74210 AXON BODY 3 - 8 BAY DOCK 2 000 000 000

73202 AXON BODY 3 - NA10 11 000 000 000

74028 WING CLIP MOUNT AXON RAPIDLOCK 16 000 000 000

11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 11 000 000 000

73202 AXON BODY 3 - NA10 1 69900 000 000

74028 WING CLIP MOUNT AXON RAPIDLOCK 1 000 000 000

11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 1 000 000 000

Protect LifeQ-251225-43927723KP

3

Page 29 of 81

Year 1 - TAP Refresh (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Other

73828 AB3 8 BAY DOCK TAP WARRANTY 60 2 000 000 000

73827 AB3 CAMERA TAP WARRANTY 60 11 000 000 000

71019NORTH AMER POWER CORD FOR AB3 8-

BAY AB2 1-BAY 6-BAY DOCK2 000 000 000

73827 AB3 CAMERA TAP WARRANTY 60 1 000 000 000

Subtotal 000

Estimated Tax 000

Total 000

Year 1 - T7 Certification

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Axon Plans amp Packages

20248 TASER 7 EVIDENCECOM ACCESS LICENSE 60 6 000 000 000

20246TASER 7 DUTY CARTRIDGE REPLACEMENT

ACCESS LICENSE60 6 000 000 000

Hardware

20160TASER 7 HOLSTER - SAFARILAND

RH+CART CARRIER6 000 000 000

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

20014TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE STANDOFF (312 000 000 000

20015TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE CLOSE QUART12 000 000 000

20008TASER 7 HANDLE HIGH VISIBILITY (GREEN

LASER) CLASS 3R6 000 000 000

20040 TASER 7 HANDLE WARRANTY 4-YEAR 6 000 000 000

20018 TASER 7 BATTERY PACK TACTICAL 6 000 000 000

20041TASER 7 BATTERY PACK WARRANTY 4-

YEAR6 000 000 000

20016TASER 7 INERT CARTRIDGE STANDOFF

(35-DEGREE)1 000 000 000

20017TASER 7 INERT CARTRIDGE CLOSE

QUARTERS (12-DEGREE)1 000 000 000

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)18 000 000 000

Protect LifeQ-251225-43927723KP

4

Page 30 of 81

Year 1 - T7 Certification (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware (Continued)

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)18 000 000 000

20050 HOOK-AND-LOOP TRAINING (HALT) SUIT 1 75000 67875 67875

Other

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

Not Eligible

TASER 7

INSTRUCTO

R COURSE

VOUCHER

Not Eligible TASER 7 INSTRUCTOR COURSE

VOUCHER1 000 000 000

Not Eligible

Taser 7

Evidenceco

m Admin

License

Not Eligible Taser 7 Evidencecom Admin

License1 000 000 000

Not Eligible

TASER 7

MASTER

INSTRUCTO

R SCHOOL

VOUC

Not Eligible TASER 7 MASTER INSTRUCTOR

SCHOOL VOUCHER1 000 000 000

Not Eligible

Target and

Frame

Not Eligible Target and Frame 6 000 000 000

Not Eligible

Halt SuitNot Eligible Halt Suit 1 000 000 000

Not Eligible

for VR

Headset

Not Eligible for VR Headset 1 000 000 000

20247TASER 7 ONLINE TRAINING CONTENT

ACCESS LICENSE60 6 000 000 000

20249VR EMPATHY DEVELOPMENT AUTISM

SCHIZOPHRENIA ACCESS LICENSE60 6 000 000 000

80087TASER 7 TARGET CONDUCTIVE

PROFESSIONAL (RUGGEDIZED)1 15000 13575 13575

Protect LifeQ-251225-43927723KP

5

Page 31 of 81

Year 1 - T7 Certification (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Other (Continued)

20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 49500 44798 44798

Subtotal 517208

Estimated Tax 000

Total 517208

Year 1 - Trade In

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Other

20104 TASER 7 TRADE-IN UPFRONT PURCHASE 17 000 000 000

Subtotal 000

Estimated Tax 000

Total 000

Year 2

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

Other

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 172674 1899414

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2635722

Estimated Tax 000

Total 2635722

Protect LifeQ-251225-43927723KP

6

Page 32 of 81

Year 3

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

20014TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE STANDOFF (322 000 000 000

20015TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE CLOSE QUART22 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

20014TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE STANDOFF (312 000 000 000

20015TASER 7 HOOK-AND-LOOP TRAINING

(HALT) CARTRIDGE CLOSE QUART12 000 000 000

Other

73309 AXON BODY CAMERA REFRESH ONE 11 000 000 000

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 172674 1899414

73689 MULTI-BAY BWC DOCK MID REFRESH 2 000 000 000

73309 AXON BODY CAMERA REFRESH ONE 1 000 000 000

73309 AXON BODY CAMERA REFRESH ONE 5 000 000 000

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2635722

Estimated Tax 000

Total 2635722

Protect LifeQ-251225-43927723KP

7

Page 33 of 81

Year 4

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

Other

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 172674 1899414

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2635722

Estimated Tax 000

Total 2635722

Year 5

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)22 000 000 000

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)22 000 000 000

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 1 33600 30408 30408

87063TECH ASSURANCE PLAN BODY 3 CAMERA

PAYMENT12 5 33600 30408 152040

20012TASER 7 LIVE CARTRIDGE STANDOFF (35-

DEGREE)12 000 000 000

Protect LifeQ-251225-43927723KP

8

Page 34 of 81

Year 5 (Continued)

Item DescriptionTerm

(Months)Quantity

List Unit

PriceNet Unit Price Total (USD)

Hardware (Continued)

20013TASER 7 LIVE CARTRIDGE CLOSE

QUARTERS (12-DEGREE)12 000 000 000

Other

73310 AXON BODY CAMERA REFRESH TWO 11 000 000 000

73811 OFFICER SAFETY PLAN 7 PAYMENT 12 11 190800 172674 1899414

73688 MULTI-BAY BWC DOCK FINAL REFRESH 2 000 000 000

73310 AXON BODY CAMERA REFRESH TWO 1 000 000 000

73310 AXON BODY CAMERA REFRESH TWO 5 000 000 000

20237TASER 7 CERTIFICATION BUNDLE

PAYMENT12 6 72000 65160 390960

73841 EVIDENCECOM BASIC LICENSE PAYMENT 12 10 18000 16290 162900

Subtotal 2635722

Estimated Tax 000

Total 2635722

Grand Total 13178606

Protect LifeQ-251225-43927723KP

9

Page 35 of 81

Summary of Payments

Payment Amount (USD)

Year 1 2118510

Year 1 - TAP Refresh 000

Year 1 - T7 Certification 517208

Year 1 - Trade In 000

Year 2 2635722

Year 3 2635722

Year 4 2635722

Year 5 2635722

Grand Total 13178606

Discounts (USD)Quote Expiration 05152020

List Amount 15120900

Discounts 1942294

Total 13178606

Total excludes applicable taxes

Protect LifeQ-251225-43927723KP

10

Page 36 of 81

Notes

The parties agree that Axon is granting a credit of $306000 (applied to Year 1 Payment) for trade-in of CEW hardware This credit is based on a ship date range of 512020-

5152020 resulting in a 612020 contract start date Any change in this ship date and resulting contract start date will result in modification of this credit value which may

result in additional fees due to or from Axon

Axon BWC hardware contained in this quote is at zero cost as a TAP refresh of contracts 00004618 and 00010394 The parties agree that all TAP obligations of contracts

00004618 and 00010394 have been fulfilled

Purchase of TASER 7 are governed by the TASER 7 Agreement located at httpswwwaxoncomlegalsales-terms-and-conditions and not the Master Services and

Purchasing Agreement referenced below

Tax is subject to change at order processing with valid exemption

Axonrsquos Sales Terms and Conditions

This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axonrsquos Master Services and Purchasing Agreement

(posted at wwwaxoncomlegalsales-terms-and-conditions) as well as the attached Statement of Work (SOW) for Axon Fleet andor Axon Interview

Room purchase if applicable Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions By

signing below you represent that you are lawfully able to enter into contracts If you are signing on behalf of an entity (including but not limited to the

company municipality or government agency for whom you work) you represent to Axon that you have legal authority to bind that entity If you do not

have this authority please do not sign this Quote

Signature CustSIG Date CustDate

Name (Print) CustName Title CustTitle

PO (Or write

NA) CustPo

Please sign and email to Kyle Panasewicz at kylepaxoncom or fax to (480) 658-0673

Thank you for being a valued Axon customer For your convenience on your next order please check out our online store buyaxoncom

The trademarks referenced above are the property of their respective owners

Protect LifeQ-251225-43927723KP

11

Axon Internal Use Only

Review 1 Review 2

SFDC Contract

Order Type

RMA

Address Used

SO

Comments

Page 37 of 81

Page 38 of 81

555 South Main Street Post Office Box 7 Independence OR 97351Phone 503838-1212 Fax 503606-3282 email kjohnsonciindependenceorus

TO Mayor and City CouncilFROM Shawn Irvine Economic Dev Dir

MEETING DATE April 14 2020SUBJECT Resolution Rural Business

Development Grant Application

[ ] Information Only [ X ] Action Requested

Statement of Issue Staff is requesting Council approve a resolution supporting a grant application to fund the development of a shared-use commercial kitchen facility downtown

BackgroundFor several years the City has worked with local and regional partners to support entrepreneurship and the growth of small businesses These classes and programs have supported a number of successful businesses including several located downtown The past two years the City has partnered with IndyCommons ndash the downtown co-working space ndash to run a series of meetups and classes intended to identify potential business clusters within the communityrsquos entrepreneurs Food-based businesses were the top cluster identified

The mid-Willamette Valley is the largest and most diverse agricultural production region in the state with over 170 different crops being grown It also has a concentration of large and small value-added food products companies that leverage the diverse agricultural products for their businesses The USDArsquos Rural Business Development Grant program supports proposals that offer assistance and training for small businesses in rural communities

DiscussionOver the last decade development of a shared-use commercial kitchen has come up several times in the Cityrsquos regional economic development work These facilities allow licensed users to rent the space on an hourly basis for trying new recipes developing new products and small-scale production The ability to rent a licensed facility enables entrepreneurs to test their ideas and products prior to making the significant investment into building their own commercial kitchen While there has been strong and consistent interest in such a facility from entrepreneurs it is a complex enough project that nobody was willing to be the organizer and operator

IndyCommons opened four years ago successfully bringing the shared space co-working model to downtown Independence Last year the company spun off a new non-profit IndyIdeaHub to support entrepreneurship programming and development in the community and region With the success of the co-working space and the new non-profit IndyCommons is ready to tackle a shared-use commercial kitchen They have leased the neighboring space in their building and plan to operate a shared kitchen and event space with ldquomicro retailrdquo in the storefront Micro retail rents shelf space to entrepreneurs instead of an entire store reducing the startup cost for a new product company and enabling them to test the market for new products without the cost of renting an entire store The kitchen event space and micro retail

CITY OF INDEPENDENCEMEMORANDUM

Page 39 of 81

555 South Main Street Post Office Box 7 Independence OR 97351Phone 503838-1212 Fax 503606-3282 email kjohnsonciindependenceorus

space would work in concert creating a kind of food incubator while also drawing people downtown for pop up dinners and other events

IndyCommons is leasing the space and the Cityrsquos grant application would support the non-profitrsquos work to outfit and operate the kitchen while offering business development programs The grant will request approximately $90000 matched with funds from IndyCommons and a $60000 Rural Opportunity Initiative grant the City received through Business Oregon which supports programming for food-based entrepreneurship

While the City is requesting the grant and supporting development of this kitchen facility its users will not be limited just to Independence residents As with IndyCommons anyone willing to travel to the facility and pay the rental fee will be able to use it Programs and classes will also be open to anyone from the region

Fiscal Impact Staff time will be spent writing the grant and if awarded coordinating the project No City funds will be used as match for this project

Options1 Approve the resolution as submitted2 Approve the resolution with amendments3 Take no action

RecommendationSuggested MotionStaff recommends Option 1

Suggested motion ldquoI move to approve Resolution 20-1526 Authorizing the City to Apply for a Rural Business Development Grantrdquo

AttachmentsA Resolution 20-1526

Page 40 of 81

Page 1 of 2 Resolution 20-1526 Authorizes USDA Grant Application

BEFORE THE CITY COUNCIL OF THE CITY OF INDEPENDENCE

COUNTY OF POLK STATE OF OREGON

IN THE MATTER OF AUTHORIZING THE CITY ]OF INDEPENDENCE TO APPLY FOR A RURAL ]BUSINESS DEVELOPMENT GRANT FROM THE ]UNITED STATES DEPARTMENT OF AGRICULTURE ]FOR DEVELOPMENT OF A SHARED-USE ]COMMERCIAL KITCHEN FACILITY AND ]DELEGATING AUTHORITY TO THE CITY ]MANAGER TO SIGN THE APPLICATION ]

RESOLUTION 20-1526

A RESOLUTION AUTHORIZING APPLICATION FOR USDA GRANT

WHEREAS the USDA is accepting applications for its Rural Business Development Program and

WHEREAS the City of Independence has the capacity to administer the grant and desires to participate in this grant program to the greatest extent possible as a means of providing needed business development and entrepreneurship programming and

WHEREAS Staff have identified development of food-based businesses as a successful regional business cluster which could be expanded within the City of Independence and

WHEREAS local and regional economic development plans have identified a shared-use commercial kitchen as an important asset to reduce barriers to entry for food-based startup businesses and

WHEREAS the City of Independence has an existing partnership with IndyCommons to support entrepreneurship and business development within the community and

WHEREAS the City of Independence has available matching funds from the State of Oregonrsquos Rural Opportunity Initiative which will fund food-based business programming and services at the new kitchen facility and

Page 41 of 81

Page 2 of 2 Resolution 20-1526 Authorizes USDA Grant Application

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF INDEPENDENCE AS FOLLOWS

Section 1 The City Council demonstrates its support for the submittal of a grant application to the United States Department of Agriculture for development of a shared-use commercial kitchen and delegates authority to sign grant documents to City Manager Tom Pessemier

Section 2 This Resolution shall be effective following its adoption by the City Council

Passed by the City Council this 14th of April 2020

Effective Date April 14 2020Signed by the Mayor April 14 2020

__________________________John McArdle Mayor

ATTEST

_______________________Karin Johnson MMCCity Recorder

Page 42 of 81

555 South Main Street Post Office Box 7 Independence OR 97351Phone 503838-1212 Fax 503606-3282 email tpessemierciindependenceorus

TO Mayor and City CouncilFROM City Manager Tom Pessemier

MEETING DATE April 14 2020SUBJECT Approval of IGA Mid-Willamette Valley

Homeless Alliance Continuum of Care

[ ] Information Only [ X ] Action Requested

Statement of IssueAn Inter-Governmental Agreement concerning the Mid-Willamette Valley Homeless Alliance is submitted for council consideration

BackgroundIn 2019 the City of Independence along with the cities of Monmouth Keizer Salem the Salem-Keizer School District Polk and Marion counties and the Confederated Tribes of Grand Ronde and with the Mid-Willamette Valley Council of Governments (COG) formally organized the Mid-Willamette Valley Homeless Alliance (MWVHA) which serves as our regionrsquos Continuum of Care (CoC) The CoC is committed to the goal of preventing and ending homelessness within Polk and Marion counties The CoC was recognized by the US Housing and Urban Development Department (HUD) on 12-11-19 and to that end a formal Governance Charter was approved by the MWVHA Board of Directors on 2-13-20

The MWVHA Board of Directors is a collaboration of the members and the COG has provided administrative support for the member governments The MWVHA is not a legal entity and HUD regulations require a legal entity to serve as the Collaborative Applicant for a Continuum of Care therefore an ORS 190 entity (Inter-Governmental Agreement or IGA) is proposed to be formed to allow the member governments to contract with the COG to provide services and for the COG to be reimbursed

DiscussionTime is of the essence this IGA establishes the terms and conditions under which the member governments will coordinate to support the MWVHA through contracting with the COG to serve as the Collaborative Applicant This IGA is a short-term solution until a new entity is designated and would expire on August 13 2020

Fiscal ImpactNo additional fiscal impact Funds have been reservedbudgeted for this project

Options1 Approve the IGA as proposed2 Approve the IGA with amendments3 Take no action

RecommendationSuggested Motion

CITY OF INDEPENDENCEMEMORANDUM

Page 43 of 81

555 South Main Street Post Office Box 7 Independence OR 97351Phone 503838-1212 Fax 503606-3282 email tpessemierciindependenceorus

Staff recommends Option 1

ldquoI move to approve the cityrsquos participation in the ORS 190 concerning the Mid-Willamette Valley Homeless Alliance and to authorize the City Manager to sign the related documentsrdquo

AttachmentsA Interim IGAB COG Scope of WorkC MWHA Governance Charter

Memo prepared by Karin Johnson City Recorder

Page 44 of 81

1 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

1 PARTIES TO AGREEMENT

This Agreement by and between the Confederated Tribes of the Grand Ronde (ldquoGrand Ronderdquo) Marion County (ldquoMarionrdquo) Polk County (ldquoPolkrdquo) and the Cities of Independence (ldquoIndependencerdquo) Keizer (ldquoKeizerrdquo) Monmouth (ldquoMonmouthrdquo) Salem (ldquoSalemrdquo) the Salem-Keizer School District (ldquoSalem-Keizerrdquo) collectively the ldquoMember Governmentsrdquo and the Mid-Willamette Valley Council of Governments (ldquoCOGrdquo) is made pursuant to ORS 190010

2 AUTHORITY This Agreement is established under the authority of Oregon Revised Statutes (ORS) Chapter 190

3 BACKGROUNDa The Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo) was formed on

September 24 2019 and recognized by the US Housing and Urban Development Department (ldquoHUDrdquo) on December 11 2019 for the Polk County and Marion County region to carry out the purposes of the HUD Continuum of Care program described in 24 CFR Part 578

b The Alliance Charter was approved by the Alliance Board of Directors on February 13 2020 (Attachment 1)

c The Alliance is a collaboration of the Member Governments non-profit service organizations and community members and is not a legal entity

d The Member Governments have made financial contributions for the 2019-2020 Fiscal Year which are being managed by COG

e The Member Governments have agreed to make financial contributions to support the Alliance for the 2020-2021 Fiscal Year subject to budgetary approval as approved by the Alliance Board of Directors (Attachment 2)

f HUD regulations require a legal entity to serve as the Collaborative Applicant for a Continuum of Care such as the Alliance

g The COG has been providing administrative support and other resources for the Alliance including contract management for independent contractors engaged by COG at the request of the Alliance During this time the Member Governments have directly paid their contribution amounts to COG to manage those funds for the Alliance

h The COG has agreed on an interim basis to continue to provide administrative support and other resources in addition to serving as the Collaborative Applicant for

Page 45 of 81

2 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

the Alliance until an ORS 190 entity has been formed and designated by the Alliance Board of Directors to serve as the Collaborative Applicant

i The Alliance Board of Directors approved the execution of this Agreement for a term to expire on August 13 2020 to allow the Member Governments to contract with the COG to provide Collaborative Applicant services and reimburse COG for services

4 PURPOSE

The purpose of this Agreement is to establish the terms and conditions under which the Member Governments will coordinate to support the Alliance through contracting with COG to serve as the Collaborative Applicant for the Alliance pursuant to 24 CFR Part 578 The parties understand and agree that this Agreement serves as an interim solution to allow COG to serve as the Collaborative Applicant and be reimbursed for its costs until a new entity is designated

5 TERM AND TERMINATION

51 This Agreement shall be effective from the date upon which the last signature is affixed hereto and shall expire on August 13 2020 unless otherwise earlier terminated or extended

52 This Agreement may be terminated by mutual consent of all parties hereto Any such termination of this Agreement shall be without prejudice to any obligations or liabilities of any party already accrued prior to such termination

6 FUNDING AND BILLING

61 The Member Governmentsrsquo fiscal year 2020-2021 contributions as set forth in Attachment 2 shall be made to COG subject to the individual Member Governmentrsquos budgetary approval Nothing in this Agreement binds any Government Member to any specific financial contribution after the 2020-2021 fiscal year

62 COG shall be reimbursed for its expenses already incurred in support of the Alliance from January 1 2020 to the effective date of this Agreement COGrsquos expenses prior to July 1 2020 shall be reimbursed from the Member Governmentsrsquo Fiscal Year 2019-2020 contributions and COGrsquos expenses for the period of July 1 2020 to the termination of this Agreement shall be from the Member Governmentsrsquo Fiscal Year 2020-2021 contributions COG shall submit an invoice to the Alliance Board for its approval for COGrsquos Fiscal Year 2019-2020 expenses no later than August 30 2020 and shall submit an invoice to the Alliance Board for its approval for COGrsquos Fiscal Year 2020-2021 expenses no later than September 30 2020

63 COGrsquos expenses under this Agreement shall not exceed the total amount of funds contributed by the Member Governments and any contributions from other members of the Alliance donations or grants provided to COG for the benefit of the Alliance subject to the rates for specific services as set forth in the Scope of Work As set forth in the Scope of

Page 46 of 81

3 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

Work COG shall provide timely financial reports to the Alliance and shall ensure that expenses do no exceed available resources approved by the Member Governments through the Alliance Board

7 OBLIGATIONS UNDER THE TERMS OF THIS AGREEMENT

71 MEMBER GOVERNMENTS agree to

a Make timely payment to COGb Maintain good standing as a member of the Alliancec Collaborate in good faith with other Member Governments to create a new ORS 190

entity to serve as the Collaborative Applicant for the Alliance

72 COG agrees to

Serve as the Collaborative Applicant for the Alliance and perform other duties as established in the Scope of Work (Attachment 3)

8 DESIGNATION OF SUCCESSOR COLLABORATIVE APPLICANT

The Member Governments understand and agree that the Alliance is required to have a Collaborative Applicant as that term is defined in 24 CFR Part 57815 which must be a legal entity The Alliance Board has indicated a desire that the Member Governments form an intergovernmental entity to serve that purpose Time is of the essence to designate a successor Collaborative Applicant and the Member Governments agree to work cooperatively and in a timely manner to agree on the new Collaborative Applicant The Member Governments also agree they will create a new intergovernmental entity to serve in that role

9 COMPLIANCE WITH APPLICABLE LAWS

The parties agree that both shall comply with all applicable federal state and local laws and ordinances applicable to the parties and the work to be done under this Agreement The parties agree that this Agreement shall be administered and construed under the laws of the state of Oregon Nothing in this Agreement shall be considered a waiver of tribal sovereign immunity

10 NONDISCRIMINATION

The parties agree to comply with all applicable requirements of federal state and local civil rights statutes rules and regulations in the performance of this Agreement

11 HOLD HARMLESSThe parties agree to indemnify and hold harmless each other for from and against all claims costs expenses (including attorney fees) losses damages fines charges actions or other liabilities solely to the extent arising from their own intentional or negligent acts or those of their agents contractors or employees and to the extent applicable the above indemnification is

Page 47 of 81

4 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

subject to and shall not exceed the limits of the Oregon Tort Claims Act (ORS 30260 through 30300) and the Oregon Constitution The parties intend to provide reciprocal indemnity obligations The parties acknowledge that the Oregon Tort Claims Act does not limit the liability of Grand Ronde in the same manner as the other parties Accordingly the parties agree Grand Rondersquos indemnity shall not exceed the indemnification limits of any other party

12 INSURANCE

Each party shall insure or self-insure and be independently responsible for the risk of its own liability for claims within the scope of the Oregon tort claims act (ORS 30260 to 30300) The parties intend to provide reciprocal liability insurance obligations The parties acknowledge that the Oregon Tort Claims Act does not apply to Grand Ronde in the same manner as other parties Accordingly the parties agree that Grand Ronde shall self-insure in an amount consistent with the liability for claims of any other party

13 MERGER CLAUSEParties concur and agree that this Agreement constitutes the entire agreement between the parties No waiver consent modification or change to the terms of this agreement shall bind either party unless in writing and signed by both parties There are no understandings agreements or representations oral or written not specified herein regarding this agreement Parties by the signatures below of their authorized representatives hereby agree to be bound by its term and conditions

Page 48 of 81

5 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

THE CONFEDERATED TRIBES OF THE GRAND RONDE COMMUNITY OF OREGON

__________________________________ ________________________ Cheryle A Kennedy DateTribal Council Chairwoman

Page 49 of 81

6 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

CITY OF INDEPENDENCE

__________________________________ _____________________Tom Pessemier DateCity Manager

Page 50 of 81

7 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

CITY OF KEIZER

__________________________________ ________________________Christopher Eppley DateCity Manager

Approved as to form

________________________________________Keizer City Attorney

Page 51 of 81

8 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

CITY OF MONMOUTH

__________________________________ _____________________Chad Olsen DateInterim City Manager

Page 52 of 81

9 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

MARION COUNTY BOARD OF COMMISSIONERS

__________________________________Chair

__________________________________Commissioner

__________________________________Commissioner

Date _____________________

Page 53 of 81

10 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

POLK COUNTY BOARD OF COMMISSIONERS

__________________________________Commissioner

__________________________________Commissioner

__________________________________Commissioner

Date _____________________

Page 54 of 81

11 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

SALEM-KEIZER PUBLIC SCHOOLS

_____________________________________ _____________________Marty Heyen Chairperson Board of Directors DateSalem-Keizer Public Schools

Page 55 of 81

12 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

CITY OF SALEM

__________________________________ _____________________Steve Powers DateCity Manager

Page 56 of 81

13 Interim IGA regarding the Mid-Willamette Valley Homeless Alliance

INTERGOVERNMENTAL AGREEMENT Between

CONFEDERATED TRIBES OF THE GRAND RONDE CITY OF INDEPENDENCE CITY OF KEIZER CITY OF MONMOUTH MARION COUNTY POLK COUNTY

SALEM-KEIZER SCHOOL DISTRICT CITY OF SALEM and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

concerning the Mid-Willamette Valley Homeless Alliance (ldquoAlliancerdquo)

MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

__________________________________ _______________________Renata Wakeley DateActing Executive Director

Page 57 of 81

Page 58 of 81

1

MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS

SCOPE OF WORK FOR THE MID-WILLAMETTE VALLEY HOMELESS ALLIANCE COG shall undertake the following items in performance of this Agreement

1 Finance a Manage and process accounts payable and accounts receivable b Maintain records of project expenditures and revenues in COG financial

management system c Maintain copies of personal services contracts and other contracts for goods and

services under this Agreement d Provide monthly financial report to the Alliance Board e Provide support to and project financial statements in annual audit f Incorporate project expenditures and revenues into COG budget forecast prepare

budget documents for Alliance Board approval g Provide documentation of internal controls and other financial policies and

procedures to HUD upon request h Manage HUD planning grant when awarded Assure planning grant expenditures

made by the project are allowable per HUD regulations i Prepare any required financial reports associated with the planning grant j Accept and record Alliance member contributions and k Invoice members for annual project contributions and track contribution receipts

2 Administrative Support

a Attend Alliance Board meetings and executive committee meetings prepare draft minutes and maintain meeting records

b Assist the Alliance in scheduling meetings and other meeting-related tasks including merging documents for the meeting packet

c Schedule meeting space when available facilitate meeting logistics and preparation including setting up meeting space copying documents making name cards setting up laptop and PowerPoint equipment connecting participants through conference phone

d Maintain email lists in conjunction with the Alliance e Notice meetings per Public Meetings Law requirements f Assist the Alliance in preparing and disseminating a quarterly Alliance newsletter

COG is not responsible for creating or obtaining content for the newsletter and g Maintain Homeless Initiative web page on the COG website and provide up to six

(6) hours a month of IT support for the newly acquired and licensed Homeless Initiative web page

3 Executive Director Support

a Negotiate and approve goods and personal service contracts and contract amendments upon request of the Alliance

b Approve payments for monthly invoices c Provide executive level advice and support in working with the COG board of

directors and COG members d Authorize legal services upon request of the Alliance

Page 59 of 81

2

e Authorize IT services upon request of the Alliance f Attend MWVHA board meetings as needed and g Serve as the Collaborative Applicant for the 2020 NOFA process sign required

application documents

4 IT Support a Support development and maintenance of the Alliance website and b Other projects upon request of the Alliance and approval of Executive Director

5 Legal Services upon request of the Alliance and approval of Executive Director

6 Rates for services provided by COG are set forth COGrsquos fee schedule attached hereto as

Exhibit 1 (COG Board of Directors Resolution 2019-06) COG modifies its fee schedule annually on or about on July 1 of each year COG may modify the fees under this Agreement by not more than 15 for any individual fee upon adoption of a fee schedule for the 20-21 fiscal year and providing the Member Governments 10-daysrsquo notice of the modified fees The rates for services set forth herein apply to this Agreement and COG reserves the right to propose different rates in any future agreement pursuant to COGrsquos adopted fee schedule

Page 60 of 81

Page 61 of 81

Page 62 of 81

Page 63 of 81

Page 64 of 81

1

MID-WILLAMETTE VALLEY HOMELESS ALLIANCE GOVERNANCE CHARTER

FINAL ndash Approved by the CoC Development Council on 10-24-19 ratified by the Mid-Willamette Valley Homeless Alliance Board of Directors on 2-13-20

ARTICLE I CONTINUUM OF CARE NAME AND PURPOSE

A NAME OF THE CONTINUUM OF CARE (COC) The name of this organization is the Mid-Willamette Valley Homeless Alliance which serves as the regionrsquos Continuum of Care herein referred to as ldquothe CoCrdquo

B CONTINUUM OF CARE (COC) OVERVIEW 1 GEOGRAPHIC BOUNDARIES The CoC represents the geographic region within the boundaries of Marion

and Polk counties 2 PURPOSE The CoC is organized to carry out the purposes of the US Housing and Urban Development

(HUD) Continuum of Care program as described in 24 CFR Part 578 The CoC promotes communitywide commitment to the goal of preventing and ending homelessness provides funding for efforts by nonprofit providers and state tribal and local governments to quickly rehouse homeless individuals including unaccompanied youth and families while minimizing the trauma and dislocation caused to homeless individuals families and communities by homelessness promotes access to and effective utilization of mainstream housing and homeless services programs by homeless individuals and optimizes self-sufficiency among individuals and families experiencing homelessness Its work includes gathering and analyzing data to determine local needs of and resources available to people experiencing homelessness developing and prioritizing a menu of strategic responses collaboratively implementing a strategic plan promoting service coordination educating the public on homeless issues providing advice and input on homeless services operations leveraging resources for maximum impact and measuring and promoting strong program performance Through collaborative efforts of local and tribal governments school districts nonprofit organizations and other participating stakeholders the CoC seeks to develop an evidence-based system of services including stable housing designed to meet the unique and complex needs of adults youth children and families in Marion and Polk counties who are at risk of or are experiencing homelessness ICLE 3 ndash GEOGRAPHIC RE

ARTICLE II CONTINUUM OF CARE GOVERNANCE STRUCTURE

A BOARD OF DIRECTORS 1 NAME The name of the CoC governing board is the Mid-Willamette Valley Homeless Alliance Board of

Directors herein referred to as the ldquoCoC Boardrdquo or the ldquoBoardrdquo The CoC has established a governing board as required by 24 CFR part 5787(a)(3) The Board is responsible for the overall policy and direction of the CoC and may delegate responsibility for day-to-day operations to staff and committees

2 VOTING MEMBERSHIP The Board will consist of at least thirteen (13) voting members that have no

conflicts of interest as defined in Article III of this charter and 24 CFR part 57895 Board members will

Page 65 of 81

2

serve without compensation Board membership includes representation from the following organizations or subpopulations

a One representative from each of the following organizations

i Union Gospel Mission a faith-based organization ii The Confederated Tribes of Grand Ronde iii Local governments

(a) City of Independence (b) City of Keizer (c) City of Monmouth (d) Polk County

iv Salem-Keizer School District (24J) v Salem Health vi Homeless or formerly homeless individuals appointed by the Law Enforcement Assisted Diversion

Program and vii United Way of the Mid-Willamette Valley a nonprofit organization

b Two representatives from the City of Salem and Marion County In the alternative pursuant to

Section 11 of Article 2 Marion County and the City of Salem may appoint one representative who may exercise two votes

3 EX-OFFICIO BOARD MEMBERS In addition seven (7) ex-officio participants may serve as non-voting ex-

officio board members participating in discussions and representing such groups as a Marion County Salem and West Valley Housing Authorities b Mid-Willamette Valley Community Action Agency c Polk County Veteran Services and d Co-chairs of the CoC Collaborative Committee

4 BOARD SELECTION PROCESS

a The initial CoC Board of Directors will be nominated by the Development Council established by a 2019 Memorandum of Agreement in consultation with the stakeholders workgroup

b Each organization nominated for representation on the CoC Board will identify persons to serve who hold elected or senior staff roles in decision-making for that organization

c Members serve at the pleasure of the CoC Board d Any directors representing organizations newly added to the Board by amendment to this charter

will be nominated and confirmed by vote of the CoC board e Pursuant to 24 CFR part 5787(a)(3) the CoC Board will submit this written selection process to the

CoC Collaborative Committee described in Section D of this article and Board of Directors for review update and approval at least once every five (5) years

5 BOARD FINANCIAL CONTRIBUTIONS Each organization represented as a voting member on the CoC

board will contribute funds to supplement CoC operations contingent on the organizationrsquos budgetary

authority Contributions will be reviewed and approved annually by the CoC board

6 BOARD ALTERNATES Board members may designate an Alternate for a single meeting who can attend in the board memberrsquos place if the member must miss a meeting The Alternate must represent the same organization or subpopulation as the absent Board member Prior to the board meeting the absent Board member or his or her designee must communicate in writing to CoC staff confirming the Alternatersquos attendance and granting authority for the Alternate to vote

Page 66 of 81

3

7 TERMINATION The Board may remove any member when it determines it is in the interest of the CoC to do so Member terminations require a 23 vote of the appointed voting membership Reasons for removal include excessive absences from meetings conduct that is contrary to the Boardrsquos code of conduct or noncompliance with conflict of interest or other board policies

8 RESIGNATION Resignations by Board members shall be submitted in writing to CoC staff who will forward the resignation notice to board leadership Resignations will be announced at the next regularly scheduled board meeting For board positions representing designated organizations resignation is implied if a person seated on the board is no longer affiliated with the organization that appointed him or her The appointing organization is then responsible for assuring that another qualified person is appointed to represent that organization

9 MEETINGS Pursuant to 24 CFR part 5787(a)(1) the Board will meet at least semi-annually in conjunction with the CoC Collaborative Committee to conduct general CoC business Inclusive of these semi-annual joint meetings the board will meet at least quarterly and may meet more frequently at the call of the chair The CoC Board is a public body subject to the public meetings and record laws as stated in ORS Chapter 192 All meetings will be open to the public

10 QUORUM A majority defined as 50 plus one of the appointed voting Board membership will constitute a quorum for the transaction of all business at meetings Members may attend either in person or by conference call so long as persons in attendance and on the telephone can both hear and communicate with each other Members attending by telephone conferencing may be counted towards achieving a quorum

11 VOTING Each Board member will hold one vote on all matters brought before the board However in recognition of their significant financial contributions to the effort Marion County and the City of Salem may select two persons to represent each organizationrsquos interests on the CoC Board or in the alternative may select one representative who shall have two votes on any matter Board decisions shall be made by a majority of the total votes available to the entire appointed voting Board membership

12 NOTICE AND INCLUSION a The Board will provide for and give public notice reasonably calculated to give actual notice to

board members interested persons news media that have requested notice and general public notice Notice shall include the time and place for holding regular meetings The notice will also include a list of the primary subjects anticipated to be considered at the meeting Distribution of meeting notices will be in a manner that maximizes the potential of the public awareness of Board proceedings and for the public to participate in its deliberations

b Whenever possible matters resulting in a recommendation to the Board will be deliberated during a minimum of two meetings to assure maximum participation

c The Board encourages input to its deliberations and decision-making from a diversity of stakeholders including consumers and community members from diverse genders racial and ethnic origins cultural groups and geographic areas within the CoC boundaries CoC members are encouraged to bring ideas or concerns to the attention of the CoC Board and staff

d The Board will conduct outreach at least semi-annually with business organizations such as economic development forums chambers of commerce and Rotary clubs to inform business leaders about current issues surrounding homelessness and gather information from a business perspective

13 AGENDAS Items may be placed on a meeting agenda by any Board member or by CoC staff The agenda will be distributed to members and through public notice at least one week prior to a Board meeting

Page 67 of 81

4

B BOARD OFFICERS 1 CHAIR The Board will accept nominations and elect a chair annually The chair may be elected for

subsequent terms The chair will act as leader of the convened meeting and as the parliamentarian The chair will enforce Board policies and membership rules and will guide the conduct of public meetings The chair is the official Board representative and shall be the primary spokesperson to the media

2 VICE CHAIR The chair will select a vice chair with board consent In the absence of the chair the vice chair will assume the chairs responsibilities If neither the chair nor vice chair is available for a public meeting then the assembled quorum of the meeting will select a temporary chairperson to conduct the meeting

3 EXECUTIVE COMMITTEE LEADERSHIP The chair and vice chair serve as leaders of the CoC Executive Committee as described in Section E1

C STAFF RESPONSIBILITIES TO THE CoC BOARD

1 STAFF SUPPORTCOLLABORATIVE APPLICANT Subject to available funding for CoC operations Mid-

Willamette Valley Council of Governments (COG) will serve as the Collaborative Applicant described in

Article IV Section E and provide staff support that could be employees contractors and in-kind

support as well as in-kind materials and services to support the CoC To maintain a neutral role in

facilitating council meetings staff representing the COG will not hold authority to vote on matters

placed before the CoC Board

2 UNIFIED FUNDING AGENCY The CoC will seek designation as a Unified Funding Agency from the US

Department of Housing amp Urban Development

3 MEETING PREPARATION CoC staff is responsible for meeting preparation which includes

a Locating reserving and preparing the meeting space b Sending meeting notice agendas and minutes to the CoC distribution list one week prior to the

meeting and a reminder one day prior to the meeting c Compiling background materials and staff reports d Planning Board meetings in collaboration with the Executive Committee e Taking attendance at meetings and f Providing facilitation as needed

4 MINUTES CoC staff will serve as the CoC Board Administrator and prepare meeting minutes Minutes

will include a list of the members present motions proposals resolutions and orders proposed and their disposition the results of all votes and a vote by each member by name the substance of any discussions on any matter and reference to any document discussed at that meeting Minutes will be posted on the CoC website and distributed to the Board membership one week prior to the monthly meeting

5 RECORDS Pursuant to 24 CFR part 578103 and 24 CFR part 5785(b) staff will maintain CoC records to document compliance with HUD requirements including the following a Approved CoC governance charter that includes a written process to select the CoC board b Documentation of required reviews and updates including the annual charter review and review of

Board selection process every five years c CoC Board and committee rosters designating representation of sectors and subpopulations d Agendas and minutes of CoC Board committee subcommittee and workgroup meetings

Page 68 of 81

5

e Designation of a single Homeless Management Information System (HMIS) for the CoC f CoC applications for funds as set forth in 24 CFR part 5789 g Use of planning funds for eligible costs and other grant management documentation pursuant to 24

CFR part 57839 and h Completed and signed CoC conflict of interest forms required in Article III Section 5 of this charter

6 OTHER RESPONSIBILITIES CoC staff will maintain distribution lists distribute communications to CoC members and the community at large develop and maintain a CoC webpage support CoC committees and workgroups produce and submit applications for funds and perform other duties as assigned by the CoC Board to support the CoC

D CoC COLLABORATIVE COMMITTEE 1 PURPOSE The purpose of the CoC Collaborative Committee is to assist the Board in accomplishing the

responsibilities of the Continuum of Care as described in Article IV

2 MEMBERSHIP Participation in the Continuum of Care is open through the CoC Collaborative Committee to interested organizations and to interested individuals representing the community at large Member agencies will be responsible for identifying CoC representatives Participating agencies may have more than one person identified as a CoC representative Homeless and formerly homeless people are encouraged and supported to participate A roster of CoC Collaborative Committee participants will be maintained and posted on the CoC website

3 VOTING Each member organization and community at large member who has participated in at least two (2) meetings in the preceding twelve (12) months after the initial year of CoC operations shall have one vote at subsequent meetings on each matter submitted to a vote of CoC members To the maximum extent possible committee meetings shall operate on a consensus basis However members can request a majority vote on specific issues Agencies with more than one representative in attendance will determine in advance which representative will vote In all cases each member organization has only one vote

4 RESIGNATION Member agencies may resign from the CoC Collaborative Committee by sending a

written communication to CoC staff

5 CO-CHAIRS The CoC Board will appoint co-chairs to facilitate CoC Collaborative Committee meetings based on nominations from the CoC Collaborative Committee One co-chair will represent the public (governmental) sector and the other will represent the private (nongovernmental) sector Co-chairs will serve for two-year terms and may be reappointed by the Board

5 RECRUITMENT AND OUTREACH The CoC Board will publish and disseminate an open invitation at least annually for those within the CoC area to join as new CoC Collaborative Committee members CoC staff will document recruitment efforts The CoC Board will identify and address membership gaps in essential sectors and will recruit so that membership requirements are being met pursuant to 24 CFR part 5787 Outreach will be conducted to obtain representation from the following groups listed in 24 CFR part 5785(a)

a Nonprofit homeless assistance providers b Victim service providers c Faith-based organizations d Governments

Page 69 of 81

6

e Businesses f Advocates g Public housing agencies h School districts i Social service providers j Mental health agencies k Hospitals and health care organizations l Universities m Affordable housing developers n Law enforcement o Organizations that serve veterans p Homeless and formerly homeless individuals and q Other relevant organizations within the CoCrsquos geographic boundaries such as organizations and coalitions that serve unaccompanied youth employment councils substance abuse providers and early learning hubs

E COMMITTEES AND WORKGROUPS 1 STANDING COMMITTEES AND WORKGROUPS The CoC Board will appoint members representing

organizations participating in the CoC Collaborative Committee to the standing committees and workgroups listed in this section as E1 a through d The Board will also designate chairs or co-chairs to facilitate committee or workgroup meetings CoC staff will be assigned to take notes at committee and workgroup meetings and assure that CoC policies and processes are followed CoC staff will also maintain lists of committee and workgroup membership and post the lists to the CoC webpage a PERFORMANCE AND EVALUATION COMMITTEE The Performance and Evaluation Committee shall

review and recommend to the Board the policies timelines and scoring tools for application review and ranking process as part of the Continuum of Care competition for funds The Performance and Evaluation Committee shall also be responsible for monitoring and reviewing CoC-funded projects and general system performance The Performance and Evaluation Committee shall make recommendations to the CoC Board to improve system performance with input from the CoC Collaborative Committee Members of this committee may not have a conflict of interest described in Article III and may not be recipients of HUD funds i The CoC Board will appoint a subcommittee of not fewer than five (5) Performance and

Evaluation Subcommittee members to review and rank project applications during the annual process described in Article IV Section E

ii The Board will strive to appoint subcommittee members who are knowledgeable about homelessness and housing in the region and representative of relevant sectors subpopulations and geographic areas of the region

iii Subcommittee members must have completed conflict of interest forms on file with CoC staff affirming that they are not employees or do not have a business relationship or other conflicts of interest as described in Article III

iv Subcommittee members must be willing to dedicate time for application review and subcommittee meetings during the application process

b COORDINATED ENTRY COMMITTEE The Coordinated Entry Committee creates the policies and

procedures for the CoCrsquos coordinated entry system The committee is also responsible for monitoring the progress of organizations implementing coordinated entry to ensure it is functioning effectively arranging for technical assistance to participating organizations and recommending changes as necessary The committee shall recruit agencies for participation in coordinated entry

Page 70 of 81

7

c HMIS USERS WORKGROUP The HMIS Users Workgroup consists of representatives from organizations using the Homeless Management Information System (HMIS) The workgroup is co-chaired by the HMIS Lead organization or its designee and the HMIS Designated Coordination Entity as described in Article IVB2 The workgroup shall monitor the progress of organizations using HMIS develop strategies for improving HMIS ease of use troubleshoot data reporting and data quality issues and review and make recommendations on HMIS policies and protocols to the HMIS Lead HMIS Coordination Entity and CoC Board

d POINT-IN-TIME COUNT WORKGROUP The Point-in-Time Count workgroup shall work with the

HMIS Coordination Entity named in Section D2 to organize and conduct the Point-in-Time count including recruitment training and support of volunteer outreach workers for the event

2 SPECIAL COMMITTEES AND WORKGROUPS The Board may authorize the formation of special

committees or workgroups as necessary to deal with specific problems or issues as the Board believes appropriate The Board will appoint members to special committees and workgroups These special committees or workgroups will be time limited and be provided a scope of work from the Board Special committees and workgroups will report their findings and recommendations to the Board upon request or upon the conclusion of their work

3 EXECUTIVE COMMITTEE The Executive Committee is composed of the chair vice chair and at least

three additional Board members The committee works closely with staff to guide the work of the CoC Board Committee members may not serve on the Performance and Evaluation Committee Committee responsibilities include the following a Prepare meeting agendas and ensure matters are ready for Board meetings b Act on matters when authority has been delegated by the full Board to do so and c Act on time sensitive administrative matters that require a decision between Board meetings with

notice provided to all Board members prior to taking action and with the action(s) to be ratified at the next Board meeting Time sensitive administrative matters include but are not limited to required municipal state or federal reports and letters of support associated with grant applications Action will not be taken under this subsection if any Board member notifies the Board Chair of the members objection prior to the Executive Committees action on a time sensitive matter

4 APPEALS COMMITTEE The Board may appoint a committee of three (3) Board members to review and

make appeal decisions during the application process described in Article IV Section E Those appointed to the Appeals Committee may not have participated in the rank and review process must have signed conflict of interest forms on file with CoC staff and must affirm upon committee appointment that they do not have conflicts of interest with agencies applying for CoC Program funding In the alternative the Board may also delegate this responsibility to the Executive Committee

Page 71 of 81

8

ARTICLE III CONFLICT OF INTEREST AND CODE OF CONDUCT

NUUM OF CARE GOVERNANC A CONFLICT OF INTEREST

1 GENERAL PROVISIONS A conflict of interest is a situation in which a CoC Board member or one of his or her family members has a personal or financial interest that compromises or could compromise the Board or committee memberrsquos independence of judgment in exercising his or her responsibilities to the CoC It is the position of this CoC that conflicts of interest shall not compromise the CoCrsquos work and that even the appearance of a conflict shall be avoided in all circumstances

2 ADHERENCE TO CONFLICT OF INTEREST POLICY CoC Board and committee members are expected to adhere to the CoC Conflict of Interest Policy which requires the member to minimize conflicts of interest disclose ethical legal financial and other conflicts and remove themselves from decision-making if they would otherwise be called on to act on a conflict involving themselves their family members or entities with which they or their family members are closely associated Under the policy Board members are required to disclose actual or potential conflicts of interest as well as certain relationships and transactions No CoC Board member may participate in or influence discussions or resulting decisions concerning the award of a grant or other financial benefits to the organization that the member represents pursuant to 24 CFR part 57895

3 DEFINITIONS The CoC will assure that Board and committee members acknowledge the federal and state definitions of conflict of interest and are in full compliance with state and federal law a Conflict of Interest definitions aligning with federal statute are

i Conflict of Interest generally means a situation in which a Board member or his or her immediate family member has directly him- or herself or indirectly through another individual or entity a personal or financial interest that compromises or could compromise the Board memberrsquos independence of judgment in exercising his or her responsibilities to the CoC

ii Prohibited Conflict of Interest means a conflict of interest that would prevent a Board member from serving on the Board or participating in any of the Board activities A Board member who has a potential or actual Prohibited Conflict of Interest must resign from the Board Prohibited Conflicts of Interest include CoC compensation and employment loans federal employee status use of CoC equipment facilities assets or staff time for non-CoC purposes and acceptance of gifts gratuities favors or anything of monetary value

iii Issue-Specific Conflict of Interest means a conflict of interest that would prevent a Board member from voting on or being present during the discussion of a specific issue such as votes on contracts and CoC leadership

b Oregon Revised Statutes Chapter 244 defines actual and potential conflict of interests for members

of public bodies No Board or committee member shall participate in a decision in which he or she has a private pecuniary interest Affected members shall disqualify themselves from participation by written notification to the Board as required by ORS 244120

i A potential conflict of interest exists when a Board or committee member takes an action that

reasonably could be expected to have a financial impact on that member a relative or a business with which the member or members relative is associated The member may participate in an action after declaring the potential conflict and announcing its nature

Page 72 of 81

9

ii An actual conflict of interest exists when an action is reasonably certain to result in a special benefit or detriment to the member a relative or a business with which the member or members relative is associated The member will declare the actual conflict and announce its nature The member must then refrain from taking any official action except when the members vote is necessary to achieve a quorum When a vote is necessary to achieve a quorum the member may vote but may not participate in any discussion or debate on the issue out of which the actual conflict arises

4 PENALTIES A Board member who purposefully conceals a conflict of interest refuses to recuse him- or

herself from voting or engages in other conduct that violates the CoC Conflict of Interest policy will be subject to removal from the Board

5 ANNUAL DECLARATION Board and committee members are to annually receive a copy of the CoC Conflict of Interest Policy sign the CoCrsquos Conflict of Interest form and submit the form to CoC staff

B B CODE OF CONDUCT 1 GENERAL PROVISIONS CoC members are expected to observe the highest standards of ethical conduct

in the execution of their responsibilities to conduct themselves with courtesy and respect and to refrain from harassment intimidation discrimination and physical or verbal abuse

2 CONFIDENTIALITY CoC members must respect and maintain the confidentiality of sensitive information

they may gain from their association with the CoC This may include personal information about community members experiencing homelessness

3 RESPONSIBILITY AND INTEGRITY In the performance of their duties CoC members are expected to carry out CoC duties to the best of their abilities and to maintain the highest standards of integrity for actions with other CoC members including CoC Board members service providers service recipients and members of the general public CoC Board and committee members shall put forth honest effort in the performance of their duties to advance the CoCrsquos mission exercising sufficient control and supervision over matters for which they are individually responsible and should not do anything to bring the full CoC or its members into disrepute

4 MISUSE OF POSITION Misuse of position is prohibited A CoC member must not use his or her position with the CoC for personal gain or for the benefit of family or friends

5 COMMUNICATIONS CoC members shall make clear when communicating publicly or with the media whether they are speaking in their own name on behalf of their agency or organization or on behalf of the CoC if the CoC Board has empowered them to speak on the CoCrsquos behalf

6 WASTE FRAUD AND ABUSE CoC members shall disclose waste fraud abuse and corruption in the operation of the Continuum of Care to appropriate authorities

7 EQUAL OPPORTUNITY CoC Board members shall adhere to laws and regulations that provide equal opportunity for all people regardless of race color religion gender identity national origin ethnicity sexual orientation age or disability

Page 73 of 81

10

8 PENALTIES This Code of Conduct will be distributed annually to CoC members Members in violation of any portion of this Code of Conduct will be subject to disciplinary action which could include immediate termination from the CoC Board or CoC committees

9 ANNUAL DECLARATION Board members are to annually receive a copy of the Code of Conduct acknowledge receipt by signing a form and submit a copy of the signed form to CoC staff

O ARTICLE II CONTINUUM FCARE GOVERNANCE STRUCTURE

ARTICLE IV OPERATING THE CONTINUUM OF CARE

A CoC RESPONSIBILITIES The CoC Board is responsible for assuring that the following responsibilities are accomplished with broad participation from CoC stakeholders

1 Hold meetings of the full membership with published agendas at least semi-annually pursuant to 24 CFR part 5787(a)(1)

2 Make an invitation for new members to join the CoC publicly available within the geographic area at least annually pursuant to 24 CFR part 5787(a)(2)

3 Adopt and follow a written process to select a board to act on behalf of the CoC The process must be reviewed updated and approved by the CoC at least once every five (5) years pursuant to 24 CFR part 5787(a)(3)

4 Appoint additional committees subcommittees or workgroups pursuant to 24 CFR part 5787(a)(4)

5 In consultation with the Collaborative Applicant and HMIS Lead develop follow and update annually a governance charter which will include all procedures and policies needed to comply with Subpart B of part 5787 and with HMIS requirements as prescribed by HUD and a code of conduct and recusal process for the board its chair(s) and any person acting on behalf of the board pursuant to 24 CFR part 5787(a)(5)

6 Consult with recipients and subrecipients to establish performance targets appropriate for population and program type monitor recipient and subrecipient performance evaluate outcomes and take action against poor performers pursuant to 24 CFR part 5787(a)(6)

7 Evaluate outcomes of projects funded under the Emergency Solutions Grants (ESG) program and the CoC program and report to HUD pursuant to 24 CFR part 5787(a)(7)

8 In consultation with recipients of Emergency Solutions Grants program funds within the geographic area establish and operate either a centralized or coordinated assessment system that provides an initial comprehensive assessment of the needs of individuals for housing and services The CoC must develop a specific policy to guide the operation of the centralized or coordinated assessment system on how its system will address the needs of individuals and families who are fleeing or attempting to flee domestic violence dating violence sexual assault or stalking but who are seeking shelter or services from nonvictim service providers This requirement along with requirements established by HUD by notice is pursuant to 24 CFR part 5787(a)(8)

Page 74 of 81

11

9 In consultation with recipients of Emergency Solutions Grants program funds within the geographic

area establish and consistently follow written standards for providing CoC assistance as further described in 24 CFR part 5787(a)(9)

10 Designate and operate a single Homeless Management Information System (HMIS) for the geographic area including designating a single system and an HMIS lead reviewing revising and approving a privacy plan security plan and data quality plan for the HMIS ensuring consistent participation of recipients and subrecipients in the HMIS and ensuring that the HMIS is administered in compliance with HUD requirements pursuant to 24 CFR part 5787(b)

11 Develop a CoC plan that includes coordinating the implementation of a housing and service system that meets the needs of homeless individuals including unaccompanied youth and families The system shall include at a minimum outreach engagement assessment shelter housing supportive services and prevention strategies pursuant to 24 CFR part 5787(c)(1)

12 Plan for and conduct at least biennially a Point-in-Time Count of homeless persons within the geographic area as described in 24 CFR part 5787(c)(2)

13 Conduct an annual gaps analysis of the homeless needs and services available within the geographic area pursuant to 24 CFR part 5787(c)(3)

14 Provide information required to complete the Consolidated Plan(s) within the CoCrsquos geographic area pursuant to 24 CFR part 5787(c)(4)

15 Consult with state and local government Emergency Solutions Grants program recipients within the CoCrsquos geographic area on the plan for allocating Emergency Solutions Grants program funds and reporting on and evaluating the performance of Emergency Solutions Grants program recipients and subrecipients pursuant to 24 CFR part 5787(c)(5)

16 Prepare an application for funds that includes a collaborative process in response to a Notice of Funding Availability (NOFA) published by HUD under 24 CFR part 57819

17 OF THE COC AND THE COC BOARD

B CoC REPORTS The CoC Board shall approve the following reports and documents prior to releasing such reports and documents to the community

1 CoC Program Project Priority List 2 Inventory of Homeless Services 3 Annual or Biennial Point-in-Time Count Report 4 Housing Inventory Chart 5 Longitudinal Systems Analysis (LSA) and 6 Homeless Coordinated Entry System Report

Page 75 of 81

12

C CoC CORRECTIVE ACTIONS PROCESS 1 ANNUAL PROGRAM REVIEW CoC funded programs or projects will be reviewed by the Performance

and Evaluation Committee annually with findings reported to the CoC Board 2 RESPONSES TO IMPROVE PROGRAM PERFORMANCE

a Should the Board determine that a program is not meeting established performance measures staff will notify the program or project in writing The organization overseeing the program or project will have the opportunity to provide additional performance information within 30 days of receipt of the CoC notification

b If the program or projectrsquos performance is related to certain items as determined by the CoC Board such as late Annual Performance Report submissions unused funding low utilization low exits to permanent housing low scores on income measures or alignment of program participation with wait list protocols the CoC Board may place a program on probation to improve its performance

c During the probationary period the CoC will enter into a Performance Improvement Agreement with the program or project needing improvement listing specific expectations and timeline

d CoC staff will facilitate technical assistance as needed and available as part of the Performance Improvement Agreement The organization overseeing the program or project is responsible for requesting specific assistance in low-scoring performance areas and requesting clarifications from the CoC about performance measures and expectations

e The length of the probationary period will be proposed by the Performance and Evaluation Committee negotiated by CoC staff and approved by the CoC Board Extensions may be requested for extenuating circumstances and are subject to Board approval If the program or project does not fulfill the agreed-upon expectations included in the Performance Improvement Agreement the Board may reduce funding or ranking may reject future applications from that program or project for HUD CoC Program funds or other remedies approved by HUD

D DESIGNATING AND OPERATING A HOMELESS MANAGEMENT INFORMATION SYSTEM

1 HMIS PURPOSE The primary purpose of the CoCrsquos Homeless Management Information System (HMIS) is to aggregate data on homelessness across Marion and Polk counties to accurately describe the regionrsquos scope and evaluate the effectiveness of efforts to reduce and end homelessness The CoC uses HMIS to a Understand the characteristics and service needs of homeless people b Analyze how homeless people use services c Evaluate program effectiveness and outcomes d Improve access to and delivery of services for people experiencing homelessness and e Strengthen community planning and resource allocation

2 DESIGNATED HMIS ROLES Oregon Housing amp Community Services (OHCS) is designated as the HMIS Lead AgencyAdministrator Portland Housing Bureau is the vendor that provides the licensed software for the HMIS system Mid-Willamette Community Action Agency is designated as the CoC regionrsquos HMIS Coordination Entity designated by the HMIS Lead to coordinate data collection and data analysis for the region The CoC Board oversees the work of the HMIS partners

3 HMIS DECISIONMAKING AUTHORITY HMIS decisions which affect local CoC operations are made by the

HMIS Administrator in consultation with the HMIS Users Workgroup and HMIS Coordination Entity HMIS decisions which affect CoCs participating in statewide HMIS implementation will be made by the Northwest Social Services Connections Committee with representation from each CoC in Oregon The

Page 76 of 81

13

HMIS Lead will keep CoC staff informed of issues and decisions and will provide a summary of key decisions to the CoC Board at least annually

4 HMIS LEAD RESPONSIBILITIES Oregon Housing amp Community Services as HMIS Lead works closely with

the CoC and is responsible for maintaining the CoCrsquos HMIS system in compliance with HUD standards OHCS is responsible for coordinating the following activities a Providing operation security maintenance system auditing and technical support of HMIS central

hardware software and connectivity b Executing a written HMIS Participation Agreement with each Contributing HMIS Organization (CHO)

which includes the role obligations and authority of the HMIS Lead and the organization and requirements to comply with security privacy and data quality plans

c Setting up and managing user accounts access levels and passwords d Providing technical and user support for HMIS software including agency account set-up system

monitoring and testing problem diagnosis and resolution and routine software and information maintenance

e Providing and coordinating ongoing training and technical support for the system f Ensuring consistent HMIS participation by CoC and Emergency Shelter Grant (ESG)recipients and

subrecipients g Maintaining and updating a Privacy Plan Security Plan and Data Quality Plan h Ensuring the accuracy of data including regularly assessing that all participating agencies are

accurately and comprehensively capturing participant entry and exit dates and providing technical assistance to correct data quality challenges

i Coordinating regular end user meetings ie HMIS Users Workgroup meetings to discuss software updates data entry report writing and system management issues

j Serving as point of contact for end user questions and concerns k Assessing compliance with the CoCrsquos HMIS Policies and Procedures Manual l Maintaining contact with the software product developer to ensure consistent and uniform

communication among product support personnel and the community m Generating information on the communityrsquos homeless and housing situation for community

planning advocacy and funder reporting requirements n Assisting end users in the creation of custom reports and queries o Providing regular aggregate data reports to participating agencies CoC staff and the CoC Board p Reviewing and implementing product upgrades q Completing the Annual Homeless Assessment Report r Conducting regular data quality checks and providing reports to the CoC Board and s Serving as the applicant to HUD for grant funds to be used for HMIS activities for the CoCrsquos

geographic area as approved by the CoC Board

5 PROVIDER PARTICIPATION Any organization within the CoC geographic region that receives Continuum of Care Program and Emergency Solutions Grant (ESG) funds must participate in HMIS as a Contributing HMIS Organization (CHO) In addition the CoC encourages all providers of services to homeless individuals and families within the CoC geographic area regardless of whether they receive CoC or ESG funds to become a CHO and include their data in HMIS

6 HMIS MANUAL To ensure compliance with HUD requirements the HMIS Lead in collaboration with the

HMIS Coordination Entity HMIS Users Workgroup and other stakeholders is responsible for developing and annually reviewing and updating the CoCrsquos HMIS Policies amp Procedures Manual The manual provides the framework for the ongoing operations of the HMIS system It includes the CoCrsquos privacy data quality and security plans for the HMIS system At any time the HMIS Lead HMIS Coordination Entity HMIS Users Workgroup or CoC Collaborative Committee may identify elements of policies or

Page 77 of 81

14

procedures or other HMIS-related plans that need to be revised Recommendations for revisions are to be submitted to the HMIS Lead The HMIS Lead will present the HMIS Policies amp Procedures Manual to the CoC Board annually or more frequently if significant substantive changes are proposed

E PREPARING AN APPLICATION FOR FUNDS 1 PURPOSE A major function of the Continuum of Care is to prepare and oversee the applications for CoC

funds administered by HUD under the McKinney-Vento Homeless Assistance Act The CoC Program is designed to assist individuals and families experiencing homelessness and to provide the services needed to help them move into housing with the goal of long-term stability The CoC Program funds important housing and services programs such as permanent housing (including permanent supportive housing and rapid re-housing) transitional housing and supportive services programs HUD CoC Program funds are granted annually based on a national competition following the release a Notice of Funding Availability (NOFA) Recipients of Emergency Solutions Grant funds another homeless assistance grant administered under the McKinney-Vento Act are required by HUD to coordinate with the CoC The CoC addresses that requirement through coordinating with the ESG review and ranking process and ESG scoring tool development

2 COLLABORATIVE APPLICANT The Mid-Willamette Valley Council of Governments (COG) is designated as

the CoC Collaborative Applicant and is responsible for leading and supporting all aspects of the annual HUD CoC NOFA application process including submission of the Consolidated Application

3 PROJECT REVIEW PROCESS

a Immediately after HUDrsquos Continuum of Care Program NOFA is released the Collaborative Applicant will coordinate and carry out the activities needed to successfully submit a Consolidated Application on behalf of the CoC

b Tasks required for project review in preparation for NOFA submission include the following

i Prior to the NOFA release the Collaborative Applicant will develop a draft timeline for the NOFA process and design scoring tools and any corresponding local application materials to assist in the review and ranking of renewal and new project applicants Review and ranking materials will take into consideration both local and HUD priorities

ii Scoring tools and the draft timeline will be reviewed by the Performance and Evaluation Committee and recommended to the CoC Board for approval

iii Upon publication of the NOFA the Collaborative Applicant will schedule and publicize a date and time for a Technical Assistance Workshop and finalize the timeline and priorities for the NOFA process

iv Applicants may participate in the Technical Assistance Workshop At the workshop the Collaborative Applicant will present an overview of the NOFA and the process for reviewing and ranking applications The orientation will describe HUD application requirements supplemental local application materials the scoring tool and applicable deadlines and dates Applicants will also have an opportunity to ask questions The CoCrsquos NOFA timeline and application materials will be posted in the CoC webpage

v Applicants will complete and submit application materials by the established deadline vi Late applications will not be accepted vii As an exception to Article IVD3bvi applicants with significant extenuating circumstances may

submit a petition to CoC staff for an extension Extensions require the approval of the CoC Board or the CoC Executive Committee if delegated the authority for this purpose by the Board It is anticipated that exceptions will be granted in very rare circumstances and not applied in

Page 78 of 81

15

situations where advance planning could have resulted in the application being submitted timely

viii Incomplete applications cannot be supplemented with more information or materials to reach a level of completeness once submitted to the CoC for review and ranking but must be completed prior to HUD submission if selected for funding

ix A subcommittee of the Performance and Evaluation Committee is appointed by the CoC Board to review and rank project applications as described in Article II Section E Subcommittee members receive and review application and scoring materials prior to the subcommittee meeting in preparation to score each programrsquos application

x The subcommittee of the Performance and Evaluation Committee meets to jointly discuss and critique each application and may interview applicants as part of the meeting If applicant interviews are included in the review process all applicants must have the opportunity for an interview After discussion and any applicant interviews subcommittee members individually score applications based on the scoring tools

xi A preliminary ranked list is created by the following procedures (a) A ranked list is prepared based on a composite of raw scores for each application (b) Applications that do not meet certain threshold requirements as detailed on the scoring

tool will not be included on the ranked list (c) If the NOFA makes available bonus funds in a program area the highest scoring eligible

projects will be designated for bonus funding in those relevant program areas xii The CoCrsquos goals for priority funding are to promote high-performing projects in alignment with

community and federal priorities Scoring tools will reflect the communityrsquos implementation of local and federal priorities as determined by the CoC Board

xiii Scores and subcommittee feedback on applications are sent to applicants along with a reminder of the appeals process and deadline by the established deadline

4 REALLOCATION OF FUNDS HUD encourages CoCs to reallocate funds from projects with substandard

performance to higher priority community needs that also align with HUD priorities and goals Prior to the release of the NOFA the Performance and Evaluation Committee facilitates a reallocation discussion in consultation with the CoC Collaborative Committee and CoC Board Scenarios for potential reallocation decisions based on the CoCrsquos gaps analysis and strategic plan are provided to the Performance and Evaluation Subcommittee to consider during the ranking process Final reallocation decisions are approved by the CoC Board

5 APPEALS a APPEALS COMMITTEE As described in Article II Section E appeals are considered by the Appeals

Committee or Executive Committee as designated by CoC Board The Appeals Committee will be established only if an applicant requests an appeal

b ELIGIBILITY TO APPEAL Eligible applicants have the opportunity to appeal both their scores and

preliminary rankings prior to the ranked list being finalized and approved by the CoC Board i The following applicants are eligible to appeal

(a) An applicant that receives less funding than applied for (b) An applicant that is ranked below Tier 1 (c) An applicant that is ranked in the bottom third of Tier 1 (d) An applicant that believes its score is not reflective of the application information provided

or (e) An applicant that can describe bias or unfairness in the process that warrants the appeal

ii Applicants that have not met the threshold requirements are not eligible to appeal

Page 79 of 81

16

c APPEALS PROCESS i Appeals must be received in writing with supporting documentation by the established

deadline ii Notices of appeal must be based on the information submitted by the application deadline No

additional or new information will be considered iii The notice of appeal must include a written statement specifying in detail the grounds and

rationale asserted for the appeal iv Valid appeals will be read reviewed and evaluated by the Appeals Committee that will meet to

consider and deliberate appeals based on the applicantrsquos appeal statement and the application materials that the applicant originally submitted to the CoC

v The Appeals Committee will make modifications to the preliminary list based on the results of the appeals process Appeals Committee decisions must be supported by a 23 majority vote

vi The appealing agency will receive a written decision of the Appeals Committee within two (2) business days of the Appeals Committee meeting

vii Appeals Committee decisions result in the final prioritized list submitted for approval to the CoC Board

6 FINAL PRIORITIZED LIST OF APPLICATIONS

a A final ranked project list is submitted to the CoC Board for review and approval after appeals have been determined and the Appeals Committee has made any modifications to the preliminary prioritized list Any Board member with a conflict of interest must recuse himself or herself from all related discussions and abstain from voting on the final priority list As stated in Article II Section A and Article III Board members with conflicts of interest are subject to removal from the Board

b The Collaborative Applicant submits the CoCrsquos approved Consolidated Application to HUD prior to the HUD NOFA deadline

c Conditional award funding is typically based upon the prioritized list of Project Applicants that is submitted however actual awards and award amounts are determined by HUD

ARTICLE V CHARTER AMENDMENTS

1 PROCESS This governance charter may be amended at any CoC Board meeting by a 23 majority vote of the appointed voting Board membership Copies of proposed amendments will be available for review at least one week prior to the Board meeting at which the proposed amendments are considered The Board will seek prior review and recommendation by the CoC Collaborative Committee of any amendments to the charter unless circumstances require an immediate change In the latter situation CoC staff will provide an explanation of the circumstances and provide opportunity for comments and input prior to and as part of the Board meeting

2 FREQUENCY OF REVIEW The CoC Collaborative Committee and Board will review this charter annually

Page 80 of 81

PENDING CITY COUNCIL AGENDA ITEMS 04092020

APRIL 14 2020 - 630 PM APRIL 28 2020 - 630 PM

Agenda items due 1000 am 040920 Agenda items due 1000 am 042320

raquo Hearing amp ord Code changes (comm stds) (Fred)

raquo OLCC appl - The Tap Station (Hedlund) raquo Ordinance - code changes (HPC)

raquo Cherriotts Bus Stop Parking (Kie) raquo Liquor licensing policy

raquo Homeless Alliance IGA (Tom) raquo Alcohol concessions contract (Tom)

raquo AXON contract (Bob) raquo Event Center contract (TomShawn)

raquo Res 1526 USDA grant application (Shawn) raquo Info Report 3Q Finance Report (Gloria)

raquo raquo F Street Design RFP Selection (Kie)

raquo raquoraquo raquo MinutesNotesPACTracking Log

raquo raquo Liaison Reports MINET Park amp Rec

raquo MinutesNotesPACTracking Log and Planning

+ Urban Renewal Agency if needed + Urban Renewal Agency if neededMAY 12 2020 - 630 PM MAY 26 2020 - 630 PM

Agenda items due 1000 am 050720 Agenda items due 1000 am 052120

raquo Parking ordinance update review raquoraquo Arbor Day proclamation raquoraquo TSP Consultant presentation raquoraquo Museum presentation (Carly) raquoraquo Lot 7 DDA (ShawnTom) raquoraquo raquo MinutesNotesPACTracking Log

raquo raquo Liaison Reports Library WIMPEG

raquo MinutesNotesPACTracking Log and Museum Commission

+ Urban Renewal Agency if needed + Urban Renewal Agency if neededJUNE 9 2020 - 630 PM JUNE 23 2020 - 630 PM

Agenda items due 1000 am 060420 Agenda items due 1000 am 061820

raquo raquo Budget Adoption

raquo raquoraquo raquoraquo raquoraquo raquoraquo raquo MinutesNotesPACTracking Log

raquo raquo Liaison Reports Traffic Safety Historic Preservation

raquo MinutesNotesPACTracking Log and Independence Days

+ Urban Renewal Agency if needed + Urban Renewal Agency if neededFuture Items City Council LiaisonsIndpMonm IGA re MINET (City Mgr) Historic Preservation Commission Councilor Takacs2019 Transportation financing discussion (unf bsn) Hop amp Heritage Block Party Councilor CorrDuplex ADU worksession HPC worksession Independence Days Commission Councilor CorrJan 2021 - 9th St Sewer projects bid award (kie) Library Board Councilor MortonOverlay project award (Winter 2020) (Kie) MINET Councilor HicksF St Construction Award Museum Advisory Board Councilor MortonHoffmanGun club intersection project (wk ssn) (Kie) Parks amp Rec Committee Councilor Martin-WillisPublic Hearing LA-04-2018 (HPC code update) (Fred) Planning Commission Councilor Martin-WillisOnstreet parking regulations (BobTom) Traffic Safety Commission Councilor TakacsSidewalk program (KieShawnTom) WIMPEG Councilor Ranstrom-Smith(IMC) update Building Codes provisions

Budget MeetingsMar 25 Budget Committee Orientation (rescheduling TBA)May 6th Budget CommitteeMay 13th Budget CommitteeMay 20th Budget Committee (if needed)June 23rd Council - Budget Adoption

Page 81 of 81

  • Agenda
  • 31 March 24 2020
  • 61 Council Action Memo
  • 61 Cherriots Presentation
  • 71 Council Action Memo
  • 71 Tap Station OLCC application
  • 72 Council Action Memo
  • 72 AXON Proposal
  • 73 Council Action Memo
  • 73 Resolution 20-1526
  • 74 Council Action Memo
  • 74 Interim IGA
  • 74 COG Scope of Work
  • 74 MWHA Governance Charter
  • 91 04-09-2020
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