On the agenda: Forest Grove City Council Meeting — License plate reader (Sep 14)
Past ⚠ Agenda Watch Forest Grove, Oregon · Monday, September 14, 2026 — 4 days ago
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CITY COUNCIL MEETING
Monday, September 14, 2026
Community Auditorium, 1915 Main Street
Malynda Wenzl, Mayor
Mariana Valenzuela, Council President
Michael Marshall, Councilor
Angel Falconer, Councilor
Karen Martinez, Councilor
Donna Gustafson, Councilor
Brian Schimmel, Councilor
TVCTV Livestream
Zoom Webinar Meeting ID: 850 7572 2488 Passcode: 97116
CITY COUNCIL WORK SESSION - 6:30 PM
No public comment will be taken. The Council will take no formal action.
Transient Lodging Tax (TLT)
Staff: Kim Ezell, Assistant City Manager; Jesse VanderZanden, City Manager
CITY COUNCIL MEETING - 7:00 PM
A.
Call to Order
1.
Roll Call
2.
Land Acknowledgement
3.
Pledge of Allegiance
4.
Hispanic Heritage Month Proclamation
5.
Rod Fuiten Recognition
B.
Public Comment: Time provided for anyone wishing to speak to the Council on any item
not scheduled for a public hearing. Comments are limited to 2 minutes unless additional
time is granted by the Presiding Officer. The public comment period shall not exceed 30
minutes unless extended by the Council. Zoom attendees may use the “Raise Hand”
option to be called on.
C.
Consent Agenda: Items considered routine, that are adopted with a single motion without
discussion. Councilors may remove items prior to the motion to adopt. Any removed items
are discussed and acted upon following the approval of the remaining items.
1.
Building Activity Reports - August 2026
2.
September 2026 Tourism Sponsorship Awards
Forest Grove City Council Agenda
Page 1 of 3
September 14, 2026
Page 1 of 224
D.
E.
F.
Additions/Deletions
1.
City Manager
2.
Proposed by Councilors
7:15 Presentations: The Council will hold questions until the end of each presentation.
1.
Action Plan Update
Kim Ezell, Assistant City Manager
2.
Washington County Sheriff's Office Update
Chief Deputy JC Crecelius; Patrol Commander James Uglesich
7:45 Public Hearings, Ordinances, and Resolutions
1.
First Reading
ORDINANCE 2026-04 GRANTING A NON-EXCLUSIVE CABLE FRANCHISE TO
COMCAST OF OREGON II, INC.
Staff: Kim Ezell, Assistant City Manager
2.
RESOLUTION 2026-42 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
INTERGOVERNMENTAL AGREEMENT (IGA) BETWEEN THE OREGON
DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT AND CITY OF
FOREST GROVE FOR GRANT FUNDING NEEDED TO COMPLETE A
CONTEXTUALIZED HOUSING NEED AND HOUSING CAPACITY ANALYSIS
Staff: Daniel Riordan, Senior Planner
3.
RESOLUTION 2026-43 APPROVING CITY MANAGER TO ENTER INTO AN
INTERGOVERNMENTAL AGREEMENT (IGA) WITH METRO TO RECEIVE
NATURE IN NEIGHBORHOODS COMMUNITY CHOICE GRANT FUNDING FOR A
POLLINATOR PATHWAY ON THE FOREST GROVE LOOP TRAIL
Staff: Anne Lane, Parks & Recreation Director
4.
RESOLUTION 2026-44 APPROVING CITY MANAGER TO ENTER INTO AN
INTERGOVERNMENTAL AGREEMENT (IGA) WITH METRO TO RECEIVE
NATURE IN NEIGHBORHOODS COMMUNITY CHOICE GRANT FUNDING FOR
RE-INDIGENIZING THE FOREST GROVE LOOP TRAIL
Staff: Anne Lane, Parks & Recreation Director
5.
RESOLUTION 2026-45 APPROVING CITY MANAGER TO ENTER INTO AN
INTERGOVERNMENTAL AGREEMENT (IGA) WITH METRO TO RECEIVE
NATURE IN NEIGHBORHOODS COMMUNITY CHOICE GRANT FUNDING FOR
WETLAND RESTORATION AT KYLE PARK
Staff: Anne Lane, Parks & Recreation Director
Forest Grove City Council Agenda
Page 2 of 3
September 14, 2026
Page 2 of 224
G.
H.
8:10 Council Communications:
1.
Councilor Reports
a. Mariana Valenzuela (LC, CDBGPAB)
b. Angel Falconer (HLB, JWC, CCESC, Chamber of Commerce)
c. Donna Gustafson (PAC, RWPCB, WCCCA)
d. Michael Marshall (CFC, P&R)
e. Karen Martinez (FGRFPD, SCC, FGSCC)
f. Brian Schimmel (CCE, EDC, TVHSC)
2.
City Manager's Report
3.
Mayor's Report (WCCC, R1ACT, MMC, WCC&MG, WCMG, MYAC)
8:30 Adjournment
Americans with Disabilities Act (ADA) Notice: The City is committed to providing equal
access to public meetings. Requests for accommodation can be submitted to the City Recorder
at least 48 hours before the meeting at: [email protected] or 503-992-3235
Forest Grove City Council Agenda
Page 3 of 3
September 14, 2026
Page 3 of 224
TRANSIENT LODGING TAX
(TLT)
Kim Ezell | Assistant City Manager
Work Session September 14, 2026
City of Forest Grove
Page 4 of 224
Purpose
Vision 2040
AGENDA
Background
Funding Scenarios
Discussion
Page 5 of 224
PURPOSE
3
The purpose of tonight’s work session is to:
• Reach Council consensus on two staff recommended Program refinements:
• Amend eligibility to allow government entities to apply
• Allow applications to be submitted 30 days prior to the event
• Reach Council consensus about expanding TLT Event Sponsorship Program
• Reach Council consensus on policy direction for the future of TLT funded
programs
Page 6 of 224
VISION 2040 PLAN
4
GOAL – Economy
• 1.6 Strengthen partnerships with local small businesses
• 1.10 Incentive programs to support/retain small/local businesses
• 1.11 Encourage and attract more events to downtown
• 1.13 Increase wayfinding signage for downtown parking
• 1.14 Update Tourism Strategic Plan
• 1.15 Develop mural corridor/public art and cultural district/celebrations
• 1.17 Pursue grants to support tourism, placemaking, identity, and planning
GOAL – Community Connection
• 4.2 Explore opportunities to create a central community gathering space that
is safe and welcoming for all ages
• 4.5 Develop a festival street/pedestrian mall in downtown Forest Grove
Page 7 of 224
BACKGROUND: TLT HISTORY
1972
Washington
County
establishes
County-wide
TLT
2003
State of Oregon
regulates TLT
and establishes
70/30 ratio for
expenses and
1.5% Statewide TLT
2017
Forest Grove
City Council
establishes
2.5% City TLT
and programs
2025
Forest Grove
City Council
raises City TLT
to 3.5% to fund
Vision 2040
action items
5
2026
State legislature
changes TLT
expense ratio to
50/50
Forest Grove
City Council
work sessions
on TLT-funded
programs
Page 8 of 224
BACKGROUND: TLT REVENUES
6
TLT revenues are collected by Washington County and distributed to Forest
Grove monthly.
Revenue has been level at about $140,000 post-pandemic.
Higher revenue is likely this year due to increase in TLT rate. Received $154k in
FY 25-26 and expect $160k in FY26-27
Unallocated balance of $180,000
Page 9 of 224
BACKGROUND: PREVIOUS WORK
SESSION RECAP
7
• More data about tourism in Forest Grove to improve policy decision making
• Chamber presented about the Tourism Marketing Program and metrics in
July.
• Support for expanding Tourism Sponsorship Program to include funding for
event series’ and to ensure the Program is broad enough to include a widevariety of event series types
• Support for sunsetting the current Tourism Capital Grant Program
• Interest in exploring TLT program future funding
• Interest in setting funding aside for future capital projects
Page 10 of 224
PROGRAM REFINEMENTS
8
Expand eligibility to allow government entities to apply for the Program.
The current program doesn’t allow for government agencies, like the school
district, to apply. Government agencies do host events that create tourism and
meet the goals of the overall Tourism Program, as do other non-profit entities.
Allow applications to be submitted 30 days prior to the event
The current requirement is 90 days. Staff have found that this creates a heavy
burden on applicants and that 30 days affords staff enough time to review
applications and bring them before Council for consideration.
Page 11 of 224
DISCUSSION
9
• Does the staff proposed program refinements meet the goals of the
Council?
Page 12 of 224
TLT EVENT SERIES SPONSORSHIP
1
0
Proposed Program
• Add eligibility for up to $20,000 grant maximum for event series
• Maximum award of $5,000 per event if there are sponsorship tiers, $2,000 per
event without sponsorship tiers.
• Example: Event series of 3 events with no sponsorship tier would be eligible for up to
$6,000 in sponsorship funding
• Example: Event series of 6 events with a sponsorship tier would be eligible for the
maximum of $20,000 in sponsorship funding
Page 13 of 224
TLT EVENT SERIES SPONSORSHIP
1
1
Event Series Definition
• Multiple events, hosted by the same organization, within one year, that share at least three of
the following characteristics:
• Location
• Day of the week
• Time of day
• Target audience (families, seniors, youth)
• Event style (market, movie, car show, etc.)
• Branding
Event organizer would be required to demonstrate they meet the definition of a
series in the application.
Page 14 of 224
DISCUSSION
1
2
• Does the staff proposed TLT Event Series Sponsorship Program meet
the goals of the Council?
Page 15 of 224
CURRENT PROGRAM FINANCES
1
3
FY 2026-2027
Account Balance
$180,000
Expected Revenue
$160,000
Total Resources
$340,000
Public Arts Program
Event Sponsorship
Program
Marketing Program
Capital Grant
Program
EcDev Coordinator
$11,050
Total Expenses
$138,960
Savings
$201,040
$44,200
$44,200
$11,050
$28,460
Page 16 of 224
PROPOSED PROGRAM – ASSUMPTIONS
1
4
Assumption
Account Balance
Savings from prior year
Expected Revenue
Escalate at 3% per year
Total Resources
Sum of savings and revenue
Public Arts Program
Escalate at $500 per year starting in FY27-28
Event Sponsorship Program
Add $11,000 from Capital Grant Program and then escalate at 3% per
year
Marketing Program
$50,000 through FY28-29 then $60,000
Capital Grant Program
Remove from future programming
EcDev Coordinator
Escalate at 3% per year
Total Expenses
Sum of expenses
Savings
Resources less expenses
Page 17 of 224
PROPOSED PROGRAM: 5-YEAR OUTLOOK
1
5
FY 2027-2028 FY 2028-2029 FY 2029-2030 FY 2030-2031 FY 2031-2032
Account Balance
Expected Revenue
Total Resources
Public Arts Program
Event Sponsorship
Program
Marketing Program
Capital Grant Program
EcDev Coordinator
Total Expenses
Savings
$201,040
$220,276
$241,921
$256,047
$272,728
$164,800
$169,744
$174,836
$180,081
$185,484
$365,840
$390,020
$416,757
$436,128
$458,211
$11,550
$12,050
$12,550
$13,050
$13,550
$55,200
$56,856
$58,562
$60,319
$62,128
$50,000
$50,000
$60,000
$60,000
$60,000
$0
$0
$0
$0
$0
$29,314
$30,193
$31,099
$32,032
$32,993
$146,064
$149,099
$162,211
$165,401
$168,671
$219,776
$240,921
$254,546
$270,727
$289,541
Page 18 of 224
DISCUSSION
1
6
• Does the staff proposed TLT program meet the goals of the Council?
Page 19 of 224
NEXT STEPS
1
7
• Resolution amending Tourism Sponsorship Program and Capital Grant
Program
• Incorporate Council direction on TLT programming into future budget
conversations
Page 20 of 224
Thank you!
Page 21 of 224
Back-up slides
Page 22 of 224
BACKGROUND: STATE AND COUNTY HISTORY
2
0
The TLT was established primarily to fund tourism promotion and tourismrelated facilities.
The State of Oregon began regulating TLT in 2003 and established a statewide
TLT, currently 1.5%, which funds Travel Oregon.
Washington County established a TLT in 1972, currently 9%, which funds the
Visitors Association, Fair Complex, and Event Center. A portion is reserved for
the General Fund and an equal portion is available to Washington County cities
through Explore Tualatin Valley grant programs.
Page 23 of 224
BACKGROUND: LOCAL HISTORY
2
1
In 2017, the Forest Grove City Council, on the advice of the ad-hoc
committee, created a 2.5% TLT.
Between 2017 and 2025 modifications were made to the types of programs the
TLT funded.
In November 2025, City Council passed Ordinance 2025-03, which increased
the local TLT from 2.5% to 3.5% to help fund Vision 2040 Action Items related
to tourism.
Page 24 of 224
BACKGROUND: LEGISLATIVE CHANGES
2
2
Previously, state law required that 70% of collected TLT revenue be used for
“tourism promotion” and “tourism-related facilities”
In February 2026, the Oregon Legislature passed House Bill 4148 which allows
local governments to use up to 60% of local TLT revenues for City services. The
new law takes effect January 1, 2027.
Page 25 of 224
TLT REVENUE INFLUENCERS
2
3
• McMenamin’s Grand Lodge continues to establish new events to entice
visitors to Forest Grove, including their popular summer concert series.
• Holiday Motel is expanding with a grant from the Urban Renewal
Agency. The Motel is adding 16 new rooms and making other
investments in the property.
• Post-pandemic visitor expenditure numbers are consistently growing in
Washington County, but lag behind pre-pandemic numbers when
accounting for inflation.
• 5.3% increase in visitors between 2023 and 2024
• 2.9% increase in occupancy between 2023 and 2024
• 5.9% increase in revenue per available room between 2023 and 2024*
*Source: Dean Runyon & Associates and Travel Oregon
Page 26 of 224
PUBLIC ART PROGRAM
2
4
Public Art Program: $11,000 annually
The purpose of the Public Art Program is to fund installation and
mural artworks throughout the city.
Program is administered by the Public Arts Commission.
Page 27 of 224
CAPITAL GRANT
2
5
Capital Grant Program: $11,000 annually
The purpose of the Capital Grant Program is to provide financial
assistance for capital expenditures that directly contribute to the growth,
development, and promotion of tourism, with the objective of increasing
overnight stays in the city’s TLT facilities.
The Program did not have any applicants this fiscal year. Last fiscal year
there were two applicants awarded $2,500 each for a total of $5,000
For Council Consideration – Sunset Capital Grant Program to invest
in other tourism programming
Page 28 of 224
TOURISM SPONSORSHIP PROGRAM
2
6
Tourism Event Sponsorship Program: $45,000 annually
The purpose of the program is the provide financial assistance to
events that directly contribute the growth, development and
promotion of tourism, with the objective of increasing overnight
stays.
- Annual Chalk Art Festival - Pacific University’s Indian Powwow
- Corn Roast - Grapes & Gears Car Show
- Junior Bowlers Tour - Restaurant Month
- Farmers Market Special Events
Page 29 of 224
TOURISM SPONSORSHIP PROGRAM
2
7
Program Requirements
• Event must be open to the general public
• Expected attendees will likely travel from outside Forest Grove to attend the
event
• Expected attendees will likely stay overnight in Forest Grove
• To receive funding the event must produce marketing material and highlight
the City's sponsorship on the material
• The City may have a booth space at the event
Page 30 of 224
TOURISM SPONSORSHIP PROGRAM
2
8
In FY2025/2026 seven programs were sponsored for $35,000
In FY 2024/2025 seven programs were sponsored for $32,500
In FY 2023/2024 four programs were sponsored for $20,000
Cap of $12,000 per organization each year
For Council Consideration – Raise cap on Tourism Event Sponsorship
Program for “event series” style programming
Page 31 of 224
TOURISM MARKETING PROGRAM
2
9
Tourism Marketing Program: $44,000-$45,000 annually
The purpose of the program is to market Forest Grove as a
destination, highlighting all the City has to offer visitors, with the
goal of increasing overnight stays in the city, and encouraging
visitors to frequent the local establishments.
Contract awarded to the Forest Grove/Cornelius Chamber of
Commerce in May 2026 for tourism marketing services for the next
two years with an option to renew for a third year.
Page 32 of 224
PROCLAMATION
WHEREAS, each year, the United States observes National Hispanic Heritage Month
by celebrating the culture, heritage and countless contributions of those whose ancestors
were indigenous to North America including Mexico, as well as those who came from Central
America, South America, Spain, and the Caribbean; and
WHEREAS, September 15 is the anniversary of independence for Costa Rica, El
Salvador, Guatemala, Honduras, and Nicaragua. It is followed by the independence days of
Mexico and Chile on September 16 and 18, respectively; and
WHEREAS, across the nation, members of the Latine community are facing
unprecedented levels of racial profiling, violence, and unjust detainment, sometimes being
forced into prisons or detention centers under inhumane conditions, separated from loved
ones, and stripped of the right to live in the places they call home; and
WHEREAS, Forest Grove is a sanctuary city that is committed to welcoming and
providing a safe community for all individuals seeking refuge, peace, and a better future—not
out of privilege or leisure, but out of necessity, hope, and survival; and
WHEREAS, we recognize and honor the many ways the Latine community contributes
to Forest Grove’s strength and resilience—not only as the backbone of agricultural and
service industries, but as educators, artists, environmentalists, health care providers,
entrepreneurs, organizers, parents, children, and visionaries who shape the future of our city.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FOREST GROVE
DOES HEREBY PROCLAIM SEPTEMBER 15 TO OCTOBER 15, 2026, AS
Hispanic Heritage Month
In Forest Grove, Oregon, and calls upon the people to join their fellow citizens across
the United States in recognizing and participating in this special observance.
IN WITNESS WHEREOF, I have hereunto set my hand
and caused the seal of the City of Forest Grove,
Oregon, to be affixed this 14th day of September, 2026.
__________________________________________________________________________________________
Malynda H. Wenzl, Mayor, City of Forest Grove
Page 33 of 224
PROCLAMACIÓN
CONSIDERANDO QUE, cada año, los Estados Unidos observa el Mes Nacional de la
Herencia Hispana al celebrar la cultura, el patrimonio y las innumerables contribuciones de
aquellos cuyos antepasados eran indígenas de América del Norte, así como de aquellos que
vinieron de España, México, el Caribe, América Central y América del Sur; y
CONSIDERANDO QUE, del 15 de septiembre es el aniversario de la independencia de
Costa Rica, El Salvador, Guatemala, Honduras y Nicaragua. Le siguen los días de la
independencia de México y Chile el 16 y 18 de septiembre, respectivamente; y
CONSIDERANDO QUE, en todo el país, los miembros de la comunidad latina se
enfrentan a niveles sin precedentes de discriminación racial, violencia y detención injusta,
siendo a veces obligados a ingresar en prisiones o centros de detención en condiciones
inhumanas, separados de sus seres queridos y privados del derecho a vivir en los lugares que
consideran su hogar; y
CONSIDERANDO QUE, Forest Grove es una ciudad santuario comprometida con
acoger y brindar una comunidad segura a todas las personas que buscan refugio, paz y un
futuro mejor, no por privilegio o ocio, sino por necesidad, esperanza y supervivencia; y
CONSIDERANDO QUE, Reconocemos y honramos las múltiples formas en que la
comunidad latine contribuye a la fortaleza y resiliencia de Forest Grove: no solo como la
columna vertebral de los sectores agrícola y de servicios, sino también como educadores,
artistas, ambientalistas, profesionales de la salud, emprendedores, organizadores, padres,
hijos y visionarios que dan forma al futuro de nuestra ciudad..
AHORA, POR TANTO, EL AYUNTAMIENTO DE LA CIUDAD DE FOREST GROVE
PROCLAMA POR LA PRESENTE DEL 15 DE SEPTIENBRE AL 15 DE OCTUBRE DE 2026,
COMO
Mes de la Herencia Hispana
En Forest Grove, Oregon, y pide a la gente que se una a sus conciudadanos en todo
Estados Unidos para reconocer y participar en esta celebración especial.
EN TESTIMONIO DE LO CUAL, he suscrito la
presente y he hecho que el sello de la Ciudad de
Forest Grove, Oregon, se emplace en este día 14 de
septiembre de 2026.
__________________________________________________________________________________________
Malynda H. Wenzl, Alcaldesa, Ciudad de Forest Grove
Page 34 of 224
Monthly Building Activity Report
August-26
2026-2027
Period:
August-25
Period:
August-26
# of Permits
Value
# of Permits
Value
Res 1 & 2 Family New
9
$ 3,811,051.82
10
$ 4,406,121.00
SFR Addition & Alt/Repair
6
$
9
$
456,541.00
4
$
27,143.84
2
$
277,309.00
$
16,297.00
Category
Man. Home Setup
228,417.80
Multi Family New
Multi Family
Alterations/Repair/Additions
Fire Alarm/Sprinklers
Commercial New
Commerical Addition
Commercial Alt/Repair
7
$
534,711.00
2
$
88,990.00
Industrial New
Industrial Addition
Industrial Alt/Repair
Gov/Pub/Inst (new/add)
Mechanical Permits
24
Plumbing Permits
1
22
Signs
1
1
Grading
Demolitions
Total
26
$4,663,171
72
$5,183,412
Fiscal Year-to-Date
Aug 26
monthly bldg activity reports 2026-2027
Page 35 of 224
2025-2026
Permits
104
Aug 26
Value
$27,186,287
2026-2027
Permits
162
Value
$11,685,785
monthly bldg activity reports 2026-2027
Page 36 of 224
City of Forest Grove
Building Division
Monthly Report forAugust 2026
This Month
Totals
Permits
State
Surcharge
Same Month
Last Year
Fiscal Year to
Date
Calender Year to
Date 2026
Calendar YTD
2025
Building
25
24
52
190
220
Valuation
$ 5,167,115.00
$ 4,633,171.00
$ 11,510,042.00
$ 43,166,805.00
$ 166,117,261.00
Permit Fees
$
$
$
$
$
32,777.40
Mobile Homes
-
Signs
$
$
-
$
Total Number
$
100.00
0
$
-
360.50
$
-
$
195,383.00
$
-
$
721.00
8
$
78,765.00
5
500.00
6
$
4
6
0
1
-
$
175,743.00
523,538.11
2
4
1
-
Excavation/Grading
-
0
16,297.00
278,821.80
0
$
0
Permit Fees
74,263.50
0
1
Demolition
Permit Fees
30,856.44
0
Permit Fees
Valuation
$ 3,969.97
3
$
6
$
-
300.00
15
$
26
26
62
Valuation
$ 5,183,412.00
$ 4,633,271.00
$ 5,183,448.00
$
Permit Fees
$
$
$
74,263.50
$ 38,211,343.40
$ 161,593,712.00
48
224
245
Plumbing
Permit Fees
$
$
$
579.44
$
2,451.17
$
$
294.14
$
$
3,382.35
16,906.95
$
11,292.40
$
$
66,824.00
$
5,458.92
$
35,506.95
5,183,595.00
46,024.63
249
$
$
223
$
24
8
100,236.00
10,763.00
52
8
11
$
9,056.54
37
11
Water
SDC Fees
4,828.69
30,856.11
31
24
Sewer
FG SDC Fees
$ 3,969.97
22
Mechanical
Permit Fees
32,777.40
209
30,790.35
22,135.42
24
139,888.82
$
208,825.00
$
987,769.00
43,178.00
121
$
103
$
86,131.31
271
95
$
4,633,494.00
162,832.08
109
$
1,012,477.00
Total Surcharge
$ 4,843.55
$
10,894.93
$
41,860.71
-
Metro CET
$ 5,287.35
$
12,066.06
$
44,361.59
-
Fire/Life Safety
$
1,176.86
$
1,847.78
$
1,946.24
$
5,229.60
$
78,981.44
Struct. Plan Review
$
12,593.78
$
18,302.30
$
49,481.71
$
248,518.64
$
378,682.28
Plumbing Plan Rev.
$
(194.66)
$
10.30
$
(156.44) $
6.94
$
5,190.25
Mech. Plan Review
$
492.56
$
679.05
$
1,266.39
$
4,856.79
$
9,691.69
$
91,122.59
$
235,112.11
$
-
$
13,440.00
$
51,335.00
$
School CET
Erosion Control Fees
$ 41,285.34
$
5,865.00
$
4,845.00
25,997.50
Page 37 of 224
STAFF REPORT TO CITY COUNCIL
TO: City Council
FROM: Miles Glowacki, Economic Development Coordinator
MEETING DATE: September 14, 2026
PROJECT TEAM: Kim Ezell, Assistant City Manager
SUBJECT TITLE: September 2026 Tourism Sponsorship Awards
ACTION
REQUESTED:
Ordinance
Order
Resolution
Motion
Informational
2040 VISION PLAN
Goal: Economy
Action 1.11: Encourage and attract more events downtown to promote foot traffic
BACKGROUND
On November 13, 2023, the City Council established the Tourism Sponsorship program with approval
of Resolution 2023-52. The program is funded by the City’s Transient Lodging Tax (TLT). The TLT is a
tax collected from lodging guests, defined as daily or weekly renters at hotels, motels, and other
lodging establishments within the city limits.
The program allows event organizers the opportunity to apply for up to $5,000 in sponsorship funding.
In exchange for sponsorship funding, the event organizer must produce marketing materials to
publicize the event and ensure that the city receives recognition on the marketing materials.
The city will only award sponsorship equal to or less than the maximum sponsorship level of an
event. If an event lacks a predefined sponsorship program, the maximum award for the event shall be
$2,000. Organizations are subject to an annual cap of $12,000 in event sponsorships.
The purpose of the Tourism Event Sponsorship program is to provide financial assistance to events
that directly contribute to the growth, development, and promotion of tourism to increase overnight
lodging stays in Forest Grove, to increase awareness of the City’s downtown, and to encourage
events that promote foot traffic.
Sponsorship awards are placed on the consent agenda for consideration. The program is currently
funded at $40,000 for FY 26-27. If Council approves the sponsorship requests, the program’s
remaining budget will be $33,500.
City of Forest Grove | P.O. Box 326 | Forest Grove, OR 97116 | 503-992-3200 |
forestgrove-or.gov
Page 38 of 224
P a g e |2
Staff is forwarding a sponsorship request to the City Council for consideration.
Event Name
Organization
Requested Amount
Recommended
Amount
Corn Roast
Chamber of
$5,000
$5,000
Commerce
FISCAL IMPACT
Staff’s recommendation would result in a $5,000 expenditure from the Transient Lodging Tax Fund.
RECOMMENDATION
Staff recommends that the City Council approve funding the 2026 Corn Roast at $5,000.00
ATTACHMENT
•
2026 Corn Roast Application
Page 39 of 224
Print
Tourism Event Sponsorship Program - Submission #2860
Date Submitted: 8/26/2026
Purpose
The purpose of this program is to provide financial assistance to events that directly contribute to the growth, development, and
promotion of tourism with the objective of increasing overnight lodging stays within the City of Forest Grove. The purpose of the
guidelines is to provide requirements for the evaluation, administration, and acceptance of event sponsorship requests received by the
City of Forest Grove.
Overview
The City of Forest Grove allocates Transit Lodging Tax (TLT) dollars toward events that support the City’s goals, objectives and
values; generate additional stays in the city’s hotels and motels, and can demonstrate a clear alignment with the tourism program’s
purpose and objectives. The City reserves the right to decline any requests for sponsorship if the event does not meet the program
criteria and guidelines, conflicts with the city’s goals, objectives and values, and/or is not in alignment with the tourism program’s
purpose and objectives.
Review and Approval
The Economic Development Office is responsible for administering the Tourism Program. Applicants must complete a Tourism Event
Sponsorship Program application. City staff will prepare a memo outlining the applications and making funding recommendations for
Council approval on the Consent Agenda.
Eligibility
The Tourism Event Sponsorship Program is open to all businesses and non-profits located in the City of Forest Grove.
Criteria
1. The event must be open to the general public.
2. A portion of the expected attendees will likely travel from outside Forest Grove.
3. A portion of the expected attendees will likely stay overnight in Forest Grove.
4. Application must be received at least 90 days in advance of the event.
5. If the event has sponsorship levels established, then the city will only award a sponsorship equal to or less than the maximum
sponsorship level. Events without established sponsorship programs, the maximum award for the event shall be $2,000.
6. The event organizer must produce marketing materials and include the City in those marketing materials. At a minimum, examples
include a banner, website posting, social media posting, brochures, and other marketing materials. This requirement assures that the
event organizer adequately publishes the event and recognizes the event sponsor(s).
7. Organizations will only be awarded sponsorships up to an annual cap of $12,000
Page 40 of 224
Review Considerations
Possible Expectations
Audience Demographics
Branding and Visibility - Logo placement on event
Budget
promotional materials, including event website,
Legal Compliance
Timing
banners, flyers, advertisements (digital and print),
and signage.
Recognition during open and closing remarks, if
Long-term Relationship Building
applicable.
Post-Event Evaluation
Booth or Exhibition Space - City may opt in to
Benefits and Visibility
utilizing booth or exhibition space (at no cost to the
Logistics and support
city).
Potential Overnight Stays
Advertising and Promotion - Advertisements in event
Event History
programs and materials. Social Media mentions and
promotions. Access to the event’s attendee/ticket
Sponsorship Tiers
contact information lists.
Customization of sponsorship packages
Access to Event Photos
Measurement and analytics
Acknowledement*
Yes
I have read all of the above listed information.
Event Name*
Corn Roast and Harvest Community Festival
Group Name*
Forest Grove Cornelius Chamber of Commerce
Contact Name*
Claudia Yakos
Phone Number*
Email Address*
5033573006
Page 41 of 224
Contact Address*
2417 Pacific Ave
City*
State*
Zip Code*
Forest Grove
OR
97116
Requested Funding Amount*
Event Location*
5000.00
College Way and 21st Ave
Event Dates and Hours*
9/19/2026
07:00 AM
—
9/19/2026
07:00 PM
Event Website*
Event Social Media Handles*
https://fgcchamber.org/26-corn-roast/
https://www.instagram.com/fgcchamber/?hl=en
List all that apply.
Describe the Event*
The 62nd Annual Forest Grove Corn Roast & Harvest Festival will take place on Saturday, September 19, 2026, from
11:00 a.m. to 4:00 p.m. on College Way and the west lawn of Pacific University. Established in 1964, the Corn Roast is
Forest Grove’s largest and longest-running community celebration. In past years, the event has attracted as many as
6,500 attendees.
This free, family-friendly festival brings together residents, Pacific University students and families, and visitors from
throughout Western Washington County, the Portland metropolitan area, and surrounding communities. The day will
feature freshly roasted corn, live entertainment, local food, artisan and business vendors, children’s activities, community
organizations, and tours of historic Old College Hall.
The Corn Roast takes place alongside the annual Sidewalk Chalk Art Festival in downtown Forest Grove. Together, these
two beloved events create a full day of activities within walking distance and bring thousands of people into the heart of
our community. Visitors are encouraged to explore local shops, restaurants, tasting rooms, historic attractions, and nearby
wineries, with opportunities to extend their visit into an overnight stay.
The goal of the festival is to celebrate Forest Grove’s agricultural roots, strengthen community connections, support local
businesses, and introduce visitors to everything that makes Forest Grove a welcoming and memorable destination.
Through regional promotion and partnerships with Pacific University, local businesses, and community organizations, we
expect the 2026 festival to attract approximately 6,500 attendees and generate meaningful economic activity throughout
the community.
Page 42 of 224
Describe your Marketing Plan Including Anticipated Reach*
Our marketing plan will use a coordinated mix of digital, print, media, and community outreach to attract local residents
and visitors from throughout Western Washington County, the Portland metropolitan area, and the greater Willamette
Valley.
The festival will be promoted through the Forest Grove Cornelius Chamber and Discover Forest Grove websites, social
media platforms, email newsletters, regional event calendars, press releases, and partnerships with Pacific University,
local businesses, schools, community organizations, and tourism partners. Paid digital advertising will target families,
college students and their families, festivalgoers, and travelers interested in food, culture, history, and community events.
Posters, flyers, banners, and other printed materials will be distributed throughout Forest Grove, Cornelius, Hillsboro, and
neighboring communities.
Marketing will also highlight that the Corn Roast takes place alongside the annual Sidewalk Chalk Art Festival, giving
visitors two major community events to enjoy within walking distance. Promotion will encourage attendees to make a full
day or weekend of their visit by exploring downtown businesses, restaurants, tasting rooms, historic attractions, nearby
wineries, and local lodging.
The City of Forest Grove will be recognized as an event sponsor through prominent logo placement on promotional
materials, including the event website, posters, banners, digital graphics, social media posts, and event signage. The City
will also be acknowledged in press releases, public announcements, and during the event. A Discover Forest Grove
tourism booth will provide visitor information and promote local attractions, dining, shopping, wineries, upcoming events,
and lodging.
We anticipate reaching more than 25,000 people through combined digital, print, media, and partner promotion. Campaign
performance will be measured through social media reach and engagement, website traffic, email performance, media
coverage, and estimated event attendance.
Is the event open to the public?*
Yes
No
Are patron admission, entry or participant fees
charged? *
Yes
Expected number of attendees:*
6000+
Yes
Will food be served or sold?*
Yes
Will alcohol be served or sold?*
No
Yes
No
No
Will there be product, merchandise or service
sales?*
Yes
Will there be canopies or tents?*
No
No
Will there be amplified sound?*
Yes
No
Is the event open to minors?*
Yes
No
Page 43 of 224
Are you seeking
other sponsorships?
*
Yes
No
Sponsorship Levels
Platinum Sponsors @ $5,000
Supporting Documentation (if any)
Choose File No file chosen
Page 44 of 224
COUNCIL ACTION PLAN
UPDATE
Kim Ezell | Assistant City Manager
September 14, 2026
City of Forest Grove
Page 45 of 224
Vision 2040 Plan
AGENDA
Purpose
Background
Action Plan Update
Page 46 of 224
VISION 2040 PLAN
3
Vision 2040 remains the backbone and
North Star for City initiatives for the next 1.5
decades. The Council Action Plan is a
priority list of initiatives for the next three
years.
Page 47 of 224
PURPOSE
4
To provide Council an update on Vision 2040 and Council Action Plan progress
Page 48 of 224
BACKGROUND
5
December 1, 2025 – Council Retreat to identify Vision 2040 priorities.
December 8, 2025 – Council Work Session and recap of the Council Retreat where
Council discussed that Vision 2040 Plan is a framework to accommodate modifications
over time.
January 12, 2026 – Council discussed adding items not captured in Vision 2040 and
Councilors were asked to submit items to staff to bring back in a future work session.
February 24, 2026 – Council reached consensus on items to include in the Council
Action Plan.
March 9, 2026 – Council adopted the Council Action Plan by resolution.
Page 49 of 224
FRAMEWORK
Past Goals
6
2026-2028
Council Action Plan
Staff Work Plan
Staff
Council
Priorities
Budget
Schedule
Annual review
by Council
Page 50 of 224
FRAMEWORK
February
2026
Council
identifies
priorities for
Action Plan
Spring 2026
Action Plan
guides midbiennium
adjustments
January 2027
Council
reviews Action
Plan and
makes
adjustments
7
Spring 2027
Action Plan
guides
resource
allocation in
Biennium
budget
January 2028
Council
reviews Action
Plan and
makes
adjustments
Spring 2028
Action Plan
guides midbiennium
adjustments
January 2029
Council
creates and
adopts 20292030 Action
Plan
Page 51 of 224
GOAL AREA: ECONOMY
8
Action
Status
Estimated
Completion Date
Update the City’s Economic
Development Strategic Plan
RFP closed on September 1 and City received 13 proposals.
Proposals reviewed on September 11, and leading proposers
invited to interview.
Fall 2027
City incentive programs to
support/retain small/local
businesses
Current programs include: Building Improvement Grant,
Storefront Improvement Grant, Tourism Sponsorship Program,
and grant to Chamber of Commerce for Small Business
Development Incubator.
Ongoing
Included within Economic Development Strategic Plan for
program and metric recommendations.
Conduct feasibility analysis
for a grocery store
Complete – Presented to Urban Renewal Board on August 24,
2026.
Completed
August 2026
Page 52 of 224
GOAL AREA: COMMUNITY GROWTH
9
Action
Status
Estimated
Completion Date
Build a new police facility
Police Facility Bond ballot measure on November 2026 ballot.
2029
Conduct a fire station
location needs analysis
Consultant has completed the initial analysis and is developing
final version with staff revisions. Next step is a Council Work
Session this winter.
Fall 2027
Continue redundancy
expansion of the electric
system
Consultant is finalizing design, expect to have design
completed this winter. Construction is expected to begin in
spring 2027.
Winter 2028
Continue to implement ADA
improvements and
compliance updates to City
infrastructure
City has completed about 600 ADA curb replacements on and
is working on completing the remaining curb replacements.
Approximately 750 improvements remain.
Ongoing
Educate landowners and/or
small developers on new
housing and ADU options
Complete – Hosted ADU education workshops in partnership
with Cornelius during summer 2026.
Completed
summer 2026
Page 53 of 224
GOAL AREA: COMMUNITY GROWTH
1
0
Action
Status
Estimated
Completion Date
Implement the East Forest
Grove TV Highway Safety
Improvement Plan
Composed of many projects including: Yew Street Intersection,
Rose Grove mid-block crossing, Mountainview Safe Routes to
School, Pacific and 19th 2-way streets evaluation, and others
not in the Action Plan.
All projects
completed by
2029
Update Yew Street
intersection
Design to begin in 2027 and construction in 2028.
2028
Install Rose Grove midblock
crossing
Construction complete and waiting on electrification.
Winter 2026
Implement Mountainview
Safe Routes to School
Project design began summer 2026 and will be completed this
fall. Project will be submitted to the railroad for approval this
winter.
2028
Evaluate 2-way streets on
Pacific and 19th to improve
safety
RFP is drafted and will be released this winter.
February 2027
Page 54 of 224
GOAL AREA: COMMUNITY GROWTH
1
1
Action
Status
Estimated
Completion Date
Partner with ODOT to
improve Highway 47 and TV
Highway safety corridor
Currently partnered with ODOT to improve Fern Hill and Maple
intersection (status below).
Ongoing
Improve Fern Hill and Maple
intersection
Finalizing design this fall with construction scheduled for 2027.
2027
Enhance and add wayfinding Complete – Re-signed and added wayfinding signage to all
signage in downtown and
public parking / added 20 parking stalls.
along arterials
Completed July
2026
Update the City’s
Comprehensive Plan
2029
Hired consultant to kick-off Comprehensive Plan Audit.
Update the City’s emergency Complete – Council adopted by resolution in May 2026.
preparedness plan in
coordination with regional
planning efforts
Completed May
2026
Page 55 of 224
GOAL AREA: HEALTHY AND ACTIVE
COMMUNITY
1
2
Action
Status
Estimated
Completion Date
Update the City’s Parks and
Recreation Master Plan
City contracted with Matrix in June 2026 to complete Master
Plan. The Master Planning process will continue through FY2627 and include several other Action Plan items, listed below.
August 2027
Establish a recreation
advisory committee with
institutional partner
representation
Community Steering Committee included within Master Plan
process and being formed.
August 2027
Work with Pacific University
on updating Lincoln Park
long-term use agreement
Beginning meetings with Pacific in September 2026.
August 2027
Explore options for a multiuse recreation/community
facility
Master Plan process includes assessing city-owned facilities for August 2027
short-, mid-, and long-term viability.
Create a gathering space by
developing Eastside Park
Under construction.
September 2026
Page 56 of 224
GOAL AREA: COMMUNITY CONNECTION
1
3
Action
Status
Estimated
Completion Date
Update the City’s
communication plan
RFP is drafted and will be released this winter.
Fall 2027
Execute actions required by
Sanctuary City ordinance
2025-04
Completed for 2026 – will report to Council on status in
December 2026
Annual
requirement
Complete deferred IT
maintenance
Entered an IGA with City of Tigard to prioritize IT maintenance
needs and stabilize IT environment.
Ongoing
Page 57 of 224
SUMMARY
1
4
Status
Complete
To be completed in 2026
#
4
2
%
15%
8%
To be completed in 2027
To be completed in 2028
To be completed in 2029 and beyond
Ongoing items
9
3
3
5
35%
12%
12%
18%
Not begun
0
0%
Total Action Items
26
100
Page 58 of 224
OTHER VISION 2040 ITEMS COMPLETED
1
5
Goal
Action
Economy
Install decorative lighting downtown
Economy
Increase wayfinding signage for downtown parking
Community Growth
Activate policies around utilizing downtown "upstairs" apartments per the City’s URA Plan
Community Growth
Deploy a second fire emergency response vehicle to meet needs of increased calls
Community Connection Explore and support external funding opportunities to sustain Library programs and
services
5 additional Vision 2040 Action Items completed to-date!
Page 59 of 224
Wherever You Live,
We Serve You
Public Safety in Washington County
Forest Grove, OR
September 14, 2026
Page 60 of 224
Wherever You Live, We Serve You
2
Provide county-wide services to over
614,000 community members
▪ Manage Washington County’s only jail
▪ Primary first responders for rural and
urban unincorporated residents
▪ Provides contracted policing services for
municipal partners
▪ Partnering with law enforcement
agencies across the county
▪ Washington County remains the safest
major urban county in Oregon
Page 61 of 224
The Washington County Public Safety System
3
Page 62 of 224
4
Supporting Law Enforcement Across Washington County
Critical Infrastructure for Countywide Public Safety
Countywide Coordination
Enables patrol, investigations, and specialty teams to operate seamlessly
across jurisdictions
Training and Readiness
Prepares law enforcement officers across the county for complex calls, crisis
response, and evolving community needs
Technology Investment
Provides tools like data systems and emerging technology to enhance response
capabilities and transparency
Flexible, Countywide Response
Allows resources and specialized teams to be deployed where they are needed
most – across any community
Page 63 of 224
5
Prepared to Protect – Countywide Specialty Teams
Some public safety incidents require specialized training, equipment, and coordination.
Countywide special response teams allow agencies to:
▪ Increase the potential for peaceful resolution
▪ Respond safely to complex incidents
▪ Provide specialized investigative expertise
▪ Support all law enforcement agencies in the county
▪
Page 64 of 224
6
Prepared to Protect – Countywide Specialty Teams
▪ Air Support Unit
▪ Marine Patrol
▪ Crash Analysis Reconstruction Team
▪ Mental Health Response Team
▪ Criminal Apprehension Team
▪ Search and Rescue
▪ Crisis Negotiations Unit
▪ Tactical Negotiations Team
▪ K9 Unit
▪ Mobile Field Force
Page 65 of 224
7
Crash Analysis Reconstruction Team
(CART)
Supports agencies across Washington County by
investigating serious and fatal crashes.
▪ Reconstructing complex crash scenes
▪ Collecting and analyzing forensic evidence
▪ Supporting criminal investigations and court proceedings
Key Technology
▪ New 3D scanning technology allows investigators to capture
crash scenes with high precision.
▪ This technology helps investigators document evidence
quickly and accurately.
Page 66 of 224
8
Mental Health Response Team (MHRT)
Provides specialized response to individuals
experiencing behavioral health crises.
Team members work to:
▪ De-escalate crisis situations
▪ Connect individuals with appropriate services
▪ Reduce unnecessary incarceration
▪ Improve outcomes for vulnerable individuals
Approach
The team focuses on:
▪ Crisis intervention
▪ Collaboration with behavioral health providers
▪ Connecting individuals to long-term resources
Page 67 of 224
9
Mobile Field Force (MFF)
Provides coordinated law enforcement
response during large-scale public safety
events
▪ Large protests or demonstrations
▪ Major emergencies
▪ Civil disturbances
▪ Large public events
Key Focus
▪ Maintain public safety
▪ Protect constitutional rights
▪ Ensure safe and coordinated response
▪
Page 68 of 224
10
Leveraging Technology
▪ Body worn cameras for patrol and jail staff
▪ In car video expansion through grant funding
▪ Drone as First Responder (DFR) pilot program
▪ License plate reader technology
▪ Exploring AI assisted report writing
Page 69 of 224
Managing Washington County’s Only Jail
11
▪ Built in 1998
▪ Serves every law enforcement agency in
Washington County
▪ Houses adults awaiting trial or serving sentences
▪ Provides medical care, behavioral health support,
and safety
▪ What happens after arrest
• Incident
• Police Respond
• Arrest
• Washington County Jail
• Courts & Justice System
Page 70 of 224
Managing Today, Planning for the Future
12
TODAY
▪ Suicide prevention improvements, including jump barriers
▪ Reopening Pod 1 for detox and stabilization
▪ Electronic Home Detention program
▪ Jail investigations and human trafficking training
▪ Body worn cameras in the jail
LOOKING AHEAD
▪ Facility now over 28 years old
▪ Continued population growth
▪ Long-term planning needed to maintain safe capacity
▪ Jail capacity study
▪ Jail expansion
Page 71 of 224
13
Community Investment in Public Safety
In November 2025, voters demonstrated strong community
support for public safety by approving the Public Safety Levy.
This investment supports:
▪ Washington County Jail operations
▪ Mental Health Response Team
▪ Criminal investigations
▪ Law enforcement resources
▪ Domestic violence and victim services
▪ Community supervision
Thank you to
Washington County
voters
▪ Prosecution
These services support every community in Washington
County.
Page 72 of 224
14
Wherever You Live, We Serve You
▪ Public safety in Washington County works because our
agencies work together.
▪ City police departments provide local policing, and the
Sheriff’s Office provides countywide resources and
infrastructure that support communities across the
county.
▪ Together, we serve more than 614,000 community
members
Page 73 of 224
15
Page 74 of 224
STAFF REPORT TO CITY COUNCIL
TO: City Council
FROM: Kim Ezell, Assistant City Manager
CC: Jesse VanderZanden, City Manager
MEETING DATE: September 14, 2026
SUBJECT TITLE: Comcast Franchise Renewal Ordinance
ACTION REQUESTED: X
Ordinance
Order
Resolution
Motion
Informational
2040 VISION PLAN
Community Connection – We envision an engaged and connected Forest Grove community with
inclusive spaces for all ages, where strong partnerships, active civic participation, and shared
information foster collaboration and belonging.
BACKGROUND
The Metropolitan Area Communications Commission (MACC) is a fifteen-member intergovernmental
entity created in 1980 to provide a centralized agency to prepare for, negotiate and administer cable
television franchises. On behalf of the member jurisdictions, in accordance with its
Intergovernmental Agreement (IGA), MACC provides the daily management of the Comcast cable
franchise, including:
•
•
•
•
•
Finance – Franchise fee collection, audits, insurance and bonds
Centralized Customer Service Regulation – all complaint calls should come to MACC
TVCTV’s Public and Government Access programming services – a division of MACC
General administration and compliance with Federal cable television franchising rules
Coordination of the Public Communications Network (PCN)
MACC negotiates the Comcast cable franchise for its Member Jurisdictions. The prior franchise
began July 1, 2015, and was extended by action of the Commission and the Member Jurisdictions and
expired on June 30, 2026.
On August 28, 2026, following a public hearing, the MACC Board of Commissioners adopted
Resolution 2026-04 recommending that each Member Jurisdiction approve the renewed franchise
agreement that will extend from July 1, 2026 through June 30, 2036. Although the franchise officially
expired on June 30, MACC and Comcast agreed to honor the mutual commitments of the franchise
during renewal negotiations, and the renewed franchise will be effective as of July 1, 2026.
City of Forest Grove | P.O. Box 326 | Forest Grove, OR 97116 | 503-992-3200 | forestgrove-or.gov
Page 75 of 224
P a g e |2
Highlights of the Franchise Agreement
Term. The franchise agreement will last ten years, from July 1, 2026, through June 30, 2036.
Gross Revenue Definition. The gross revenue definition is used to determine the basis on which a five
percent Franchise Fee is paid. (Five percent is the maximum allowed under federal law.) The
definition has been clarified to better ensure that Comcast includes all revenue allowed by
applicable law. The new definition expressly includes all amounts comprising the FCC-required
aggregate video programming price and clarifies that cable-only fees may not be reduced through
bundled service allocation.
Public, Educational, and Government Access (PEG) Television. MACC will continue to provide Public
and Government Access, including the city and county meeting coverage provided by TVCTV. All five
TVCTV channels will be carried in High Definition (HD) and Standard Definition (SD). Currently, only
two channels are available in HD. MACC releases Comcast from the obligation to provide the regional
Community Access Network channel 11.
Public, Educational, and Government Access (PEG)/Public Communications Network (PCN) Fund.
Comcast will pay 1.75% of gross revenue for PEG capital and PCN institutional network purposes.
This replaces the current $0.80 per subscriber per month payment and ties future receipts to
Comcast cable revenue rather than subscriber count alone. The PEG/PCN fund is used to fund grants
for member jurisdictions to upgrade communications network equipment. This change in the
franchise agreement will future-proof this fund by not tying the funding mechanism to subscriber
count, but rather gross revenue.
Customer Service. Customer service standards remain part of the franchise, however, rather than
expressly including the applicable FCC standards in the franchise, the renewed agreement
references those standards and requires Comcast to comply with them. The agreement preserves
MACC and the Member Jurisdictions’ authority to impose additional customer service standards.
Franchise Violations and Remedies. The violation and hearing process, available fines, and the
collective $75,000 annual cap are continued. The daily violation fine increased from $250/day to
$750/day.
FISCAL IMPACT
Approving the recommended Agreement ensures that Forest Grove and other member jurisdictions
of MACC continue to collect franchise fees paid by Comcast. In FY25/26 the City collected $100,673
in franchise fees paid by Comcast via MACC.
RECOMMENDATION
Staff recommends that the City Council adopt the ordinance to approve the Comcast Cable TV
Franchise Agreement.
Page 76 of 224
P a g e |3
ATTACHMENTS
•
•
•
•
•
Ordinance 2026-04
Exhibit A: Recommended Comcast Franchise Agreement
Exhibit B: MACC Recommending Resolution 2026-04
Exhibit C: Comparison of the Current Franchise to the Recommended Franchise
Exhibit D: MACC Questions and Answers about the Recommended Franchise
Page 77 of 224
ORDINANCE NO. 2026-04
ORDINANCE GRANTING A NON-EXCLUSIVE CABLE FRANCHISE
TO COMCAST OF OREGON II, INC.
WHEREAS, in 1980 the Metropolitan Area Communications Commission
(hereinafter "MACC") was formed by Intergovernmental Cooperation Agreement,
amended in 2002 and now an Intergovernmental Agreement (hereinafter “IGA”) to
enable its member jurisdictions to work cooperatively and jointly on communications
issues, in particular the joint franchising of cable services and the common
administration and regulation of such franchises, and the City of Forest Grove, Oregon
(hereinafter “City”) is a member of MACC; and
WHEREAS, the IGA authorizes MACC and its member jurisdictions to grant one
or more nonexclusive franchises for the construction, operation and maintenance of a
cable service system within the combined boundaries of the member jurisdictions; and
WHEREAS, the IGA requires that each member jurisdiction to be served by the
proposed franchisee must approve any cable service franchise; and
WHEREAS, the City has previously granted cable franchises to TCI of Tualatin
Valley, Inc. and TCI Cablevision of Oregon, Inc., and Comcast of Oregon II, Inc. is the
lawful successor in interest to those grantees; and
WHEREAS, the Board of Commissioners of MACC, by Resolution 2026-04
adopted on the 28th day of August, 2026, recommended that the member jurisdictions
grant a single franchise to Comcast of Oregon II, Inc. in the form attached hereto as
Exhibit "A," which authorizes the provision of cable services in all areas of the City from
July 1, 2026 through June 30, 2036; and
WHEREAS, MACC and the City have provided adequate notice and
opportunities for public comment on the proposed cable services franchise including
public hearings on August 28, 2026 and September 14, 2026; and
WHEREAS, the Council finds that approval of the recommended franchise is in
the best interest of the City and its citizens, consistent with applicable federal law.
NOW, THEREFORE, THE CITY OF FOREST GROVE ORDAINS AS
FOLLOWS:
Section 1. The City of Forest Grove City Council hereby grants to Comcast of
Oregon II, Inc. a non-exclusive cable services franchise on the terms and conditions
contained in Exhibit "A".
Section 2. The grant of franchise at Section 1 is conditioned upon each of the
following events:
Page 78 of 224
(a) The affirmative vote of the governing body of each MACC member
jurisdiction;
(b) Comcast of Oregon II, Inc.’s fulfillment of the franchise acceptance
provisions contained in the franchise; and
(c) Execution of the franchise by the MACC Administrator on behalf of all
MACC member jurisdictions following the MACC Administrator's determination that, in
accordance with the requirements of the IGA, each of the above two events has
occurred.
Section 3. This ordinance shall be effective 30 days following its enactment by
the City Council.
PRESENTED AND PASSED this 14th day of September, 2026.
_____________________________________
Mariah S. Woods, City Recorder
APPROVED by the Mayor this 14th day of September, 2026.
_____________________________________
Malynda H. Wenzl, Mayor
Page 2 of 2
Page 79 of 224
CABLE TELEVISION
FRANCHISE AGREEMENT
Between the Jurisdictions participating in the
METROPOLITAN AREA
COMMUNICATIONS COMMISSION
AND
COMCAST OF OREGON II, INC.
July 1, 2026
Page 80 of 224
TABLE OF CONTENTS
SECTION 1.
DEFINITIONS .................................................................................................... 1
SECTION 2.
GRANT OF FRANCHISE ................................................................................... 8
SECTION 3.
FRANCHISE FEE AND FINANCIAL CONTROLS ............................................ 12
SECTION 4.
ADMINISTRATION AND REGULATION........................................................... 15
SECTION 5.
FINANCIAL AND INSURANCE REQUIREMENTS ........................................... 17
SECTION 6.
CUSTOMER SERVICE .................................................................................... 21
SECTION 7.
REPORTS AND RECORDS............................................................................. 22
SECTION 8.
PROGRAMMING ............................................................................................. 25
SECTION 9.
PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS ........................... 26
SECTION 10. GENERAL STREET USE AND CONSTRUCTION ............................................ 30
SECTION 11. SYSTEM DESIGN AND STANDARDS.............................................................. 37
SECTION 12. INSTITUTIONAL NETWORK SERVICES ......................................................... 38
SECTION 13. PEG ACCESS AND PCN GRANT FUND .......................................................... 40
SECTION 14. SERVICE EXTENSION, CONSTRUCTION, AND INTERCONNECTION .......... 41
SECTION 15. FRANCHISE VIOLATIONS; REVOCATION OF FRANCHISE ........................... 44
SECTION 16. ABANDONMENT ..............................................._. ..............................................50
SECTION 17. FRANCHISE RENEWAL AND TRANSFER....................................................... 50
SECTION 18. SEVERABILITY ................................................................................................ 52
SECTION 19. MISCELLANEOUS PROVISIONS .................................................................... 53
ATTACHMENT A- COMMISSION FRANCHISE STATISTICS - QUARTERLY REPORT
ATTACHMENT B- EXISTING LIVE ORIGINATION SITES
ATTACHMENT C- PCN RATE CARD
Page 81 of 224
SECTION 1. DEFINITIONS
For the purposes of this Agreement and all attachments included hereto, the following
terms, phrases, words and their derivations shall have the meaning given below
unless the context indicates otherwise. When not inconsistent with the context, words
used in the present tense include the future, words in the plural include the singular,
and words in the singular include the plural. Words not defined shall be given their
common and ordinary meaning. The word "shall" is always mandatory and not merely
directory.
1.1
Access means the availability for noncommercial use by various agencies,
institutions, organizations, groups and individuals in the community, including
Grantor and its designees, of the Cable System to acquire, create, receive, and
distribute video and Signals as permitted under applicable law, including, but
not limited to:
(A)
Public Access means Access where organizations, groups or individual
members of the general public, on a nondiscriminatory basis, are the
primary Programmers or users having editorial control over the content;
(B)
Educational Access means Access where Schools and educational
institutions are the primary Programmers or users having editorial
control over the content;
(C)
Governmental Access means Access where governmental institutions
are the primary Programmers or users having editorial control over the
content; and
(D)
PEG Access means Public Access, Educational Access, and
Governmental Access, collectively.
1.2
Access Center means a facility or facilities where PEG Access Signals are
managed and delivered Upstream to the Grantee for Downstream transmission
to Subscribers or to other Access Centers via a dedicated connection.
1.3
Access Channel means any Channel, or portion thereof, designated for noncommercial Access purposes or otherwise made available to facilitate or
transmit Access Programming or service.
1.4
Affiliate when used in connection with Grantee means any corporation, Person
or entity that owns or controls, is owned or controlled by, or is under common
ownership or control with, Grantee.
1.5
Basic Service means Grantee’s lowest level service tier which includes the
retransmission of local television broadcast Signals and PEG Access
Channels, or as such service tier may be further defined by federal law.
1.6
Cable Act means the Cable Communications Policy Act of 1984 and the Cable
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Television Consumer Protection and Competition Act of 1992 and any
amendments thereto, including those contained in the Telecommunications Act
of 1996.
1.7
Cable Operator means any Person or group of Persons, including Grantee,
who provide Cable Service over a Cable System and directly owns a significant
interest in such Cable System, or who otherwise control or are responsible for,
through any arrangement, the management and operation of such a Cable
System.
1.8
Cable Service shall have the meaning set forth in 47 U.S.C. § 522(6), as
amended, which as of the Effective Date means the one-way transmission to
Subscribers of video programming or other programming service and
Subscriber interaction, if any, which is required for the selection or use of such
video programming or other programming service.
1.9
Cable System means a facility, consisting of a set of closed transmission
paths and associated Signal generation, reception, and control equipment that
is designed to provide Cable Service which includes video programming and
which is provided to multiple Subscribers within a community, but such term
does not include (1) a facility that serves only to retransmit the television
Signals of one (1) or more television broadcast stations; (2) a facility that
serves Subscribers without using any Public Right of Way; (3) a facility of a
common carrier which is subject, in whole or in part, to the provisions of Title II
of the federal Communications Act (47 U.S.C. § 201 et seq.), except that such
facility shall be considered a Cable System (other than for purposes of Section
621(c) (47 U.S.C. § 541(c)) to the extent such facility is used in the
transmission of video programming directly to Subscribers, unless the extent of
such use is solely to provide interactive on-demand service; (4) an open video
system that complies with federal statutes; or (5) any facilities of any electric
utility used solely for operating its electric utility systems.
1.10
Capacity means the maximum ability to carry Signals or other information
within a specified format
1.11
Capital or Capital Cost means the expenditure of funds for resources whose
useful life can be expected to exceed a period of one (1) year or longer as
consistent with Generally Accepted Accounting Principles ("GAAP").
1.12
Channel means a time or frequency slot or technical equivalent on the Cable
System in a specified format, discretely identified and capable of carrying full
motion color video and audio, and may include other non-video subcarriers and
digital information.
1.13
Commission means the Metropolitan Area Communications Commission and
its officers, agents and employees, created and exercising its powers pursuant
to an Intergovernmental Cooperation Agreement entered into by Grantors
herein, as authorized by state law (particularly ORS Chapter 190) and the laws,
charters, and other authority of the individual member units of local government
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who are members of the Commission. The powers of the Commission have
been delegated to it by Grantors and although it may exercise those powers as
an entity, it remains a composite of Grantors herein.
1.14
Demarcation means up to and including the device where the DAP Signal is
converted into a format to be transmitted over a fiber connection to Grantee.
1.15
Designated Access Provider (“DAP”) means the entity or entities designated
by the Grantor to manage or co-manage PEG Access Channels and Access
Centers. The Grantor may be a Designated Access Provider; however, any
other entity designated by the Grantor shall not be a third party beneficiary
under this Agreement.
1.16
Downstream means the transport of Signals from the Headend to Subscribers
or to Interconnection points served by the Cable System.
1.17
Effective Date means the date defined in Section 2.4 herein.
1.18
FCC means the Federal Communications Commission.
1.19
Franchise means the non-exclusive and revocable authorization for the
construction and/or operation of the Cable System granted in this Agreement.
1.20
Franchise Area means the area within the legal jurisdictional boundaries of
the individual Grantors and any member units of local government who are
members of the Commission during the term of this Agreement. The Franchise
Area shall include any additional signers of the Intergovernmental Agreement
only if Grantee is currently providing Cable Service in such additional areas.
For purposes of Washington County, the Franchise Area includes only the
unincorporated areas within the legal jurisdictional boundaries of the County.
1.21
Grantee means Comcast of Oregon, II, Inc. or its permitted successors,
transferees or assignees.
1.22
Grantor means, individually and, where applicable, collectively, the Oregon
cities of Banks, Beaverton, Cornelius, Durham, Forest Grove, Gaston,
Hillsboro, King City, Lake Oswego, North Plains, Rivergrove, Tigard, Tualatin,
and West Linn together with Washington County, Oregon.
1.23
Gross Revenue means, and shall be construed broadly to include, all amounts
in whatever form and from all sources derived directly or indirectly by Grantee
and/or an Affiliate from the operation of Grantee's Cable System to provide
Cable Services within the Franchise Area. Gross Revenues include, by way of
illustration and not limitation:
•
•
All amounts included on Subscriber bills in the aggregate price for video
programming pursuant to 47 C.F.R. § 76.310;
Fees for Cable Services, regardless of whether such Cable Services
are provided to residential or commercial Subscribers, including
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•
•
•
•
•
•
•
•
revenues derived from the provision of all Cable Services (including but
not limited to pay or premium Cable Services, digital Cable Services,
pay-per-view, pay-per-event, audio channels and video-on-demand
Cable Services);
Installation, disconnection, reconnection, downgrade, upgrade,
maintenance, repair, or similar charges associated with Subscriber
Cable Service;
Fees paid to Grantee for Channels designated for commercial/leased
access use, which shall be allocated on a pro rata basis using total Cable
Service Subscribers within the Franchise Area;
Converter, remote control, and other Cable Service equipment rentals,
leases, or sales;
Payments for pre-paid Cable Services and/or equipment;
Advertising Revenues as defined herein;
Fees including, but not limited to: (1) late fees, convenience fees, and
administrative fees; (2) Franchise fees; (3) the FCC user fee and (4)
PEG fees if included on Subscriber billing statements;
Revenues from program guides; and
Commissions from home shopping channels and other Cable Service
revenue sharing arrangements which shall be allocated on a pro rata
basis using total Cable Service Subscribers within the Franchise Area.
“Gross Revenues" shall not be net of: (1) any operating expense; (2) any
accrual, including without limitation, any accrual for commissions to Affiliates; or
(3) any other expenditure, regardless of whether such expense, accrual, or
expenditure reflects a cash payment. "Gross Revenues," however, shall not be
double counted. Revenues of both Grantee and an Affiliate that represent a
transfer of funds between the Grantee and the Affiliate, and that would
otherwise constitute Gross Revenues of both the Grantee and the Affiliate,
shall be counted only once for purposes of determining Gross Revenues.
Similarly, operating expenses of the Grantee which are payable from Grantee's
revenue to an Affiliate and which may otherwise constitute revenue of the
Affiliate, shall not constitute additional Gross Revenues for the purpose of this
Franchise. "Gross Revenues" shall include amounts earned by Affiliates only to
the extent that Grantee could, in concept, have earned such types of revenue
in connection with the operation of Grantee's Cable System to provide Cable
Services and recorded such types of revenue in its books and Records directly,
but for the existence of Affiliates. "Gross Revenues" shall not include sales
taxes imposed by law on Subscribers that the Grantee is obligated to collect.
(A)
"Advertising Revenues" shall mean amounts derived from sales of
advertising that are made available to Grantee's Cable System
Subscribers within the Franchise Area and shall be allocated on a pro
rata basis using total Cable Service Subscribers reached by the
advertising. Whenever Grantee acts as the principal in advertising
arrangements involving representation firms and/or advertising
Interconnects and/or other multichannel video providers, Advertising
Revenues subject to Franchise fees shall include the total amount from
advertising that is sold, and not be reduced by any operating expenses
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(e.g., "revenue offsets" and "contra expenses" and "administrative
expenses" or similar expenses), or by fees, commissions, or other
amounts paid to or retained by National Cable Communications or
Comcast Advertising or similarly affiliated advertising representation
firms or their successors involved with sales of advertising on the Cable
System within the Franchise Area.
(B)
"Gross Revenues" shall not include:
•
•
•
•
•
(C)
Actual Cable Services bad debt write-offs, except any portion
which is subsequently collected which shall be allocated on a
pro rata basis using Cable Services revenue as a percentage of
total Grantee revenues within the Franchise Area;
Any taxes and/or fees on services furnished by Grantee
imposed on Subscribers by any municipality, state or other
governmental unit, provided that the Franchise fee, the FCC
user fee and PEG fee shall not be regarded as such a tax or
fee;
Launch fees and marketing co-op fees;
Revenues associated with the provision of managed network
services provided under separate business contract; and
Unaffiliated third party advertising sales agency fees or
commissions which are reflected as a deduction from revenues.
except when Grantee acts as a principal as specified in
paragraph (A) immediately above.
To the extent revenues are derived by Grantee for the provision of a
discounted bundle of services which includes Cable Services and nonCable Services, Grantee shall calculate revenues to be included in
Gross Revenues using a methodology that allocates revenue on a pro
rata basis when comparing the bundled service price and its
components to the sum of the published rate card prices for such
components, provided that Grantee shall not pro rate any amounts
(including fees collected from Subscribers) attributable solely to Cable
Service that are not part of the bundled package. Except as required by
specific federal, state or local law, it is expressly understood that
equipment may be subject to inclusion in the bundled price at full rate
card value. This calculation shall be applied to every bundled service
package containing Cable Service from which Grantee derives
revenues in the Franchise Area. The Grantor reserves its right to review
and to challenge Grantee's calculations.
Example: Prior to any bundle-related price reduction, if Cable Service is
valued at 50% of the total of the services to be offered in a bundle, then
Cable Service is to be valued and reported as being no less than fifty
percent (50%) of the price of the bundled service total.
(D)
Grantee reserves the right to change the allocation methodologies set
forth in paragraph (C) above to meet standards mandated by the
Financial Accounting Standards Board ("FASB"), Emerging Issues Task
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Force ("EITF") and/or the U.S. Securities and Exchange Commission
("SEC"). Grantor acknowledges and agrees that Grantee shall calculate
Gross Revenues in a manner consistent with GAAP where applicable;
however, the Grantor reserves its right to challenge Grantee's
calculation of Gross Revenues, including Grantee's interpretation of
GAAP and Grantee's interpretation of FASB, EITF and SEC directives.
Grantee agrees to explain and document the source of any change it
deems required by FASB, EITF and SEC concurrently with any
Franchise-required document at the time of submittal, identifying each
revised Section or line item.
(E)
Grantor agrees and acknowledges that Grantee shall maintain its books
and Records in accordance with GAAP.
1.24
Headend means Grantee's facility for Signal reception and dissemination on
the Cable System, including cables, antennas, wires, satellite dishes, monitors,
switches, modulators, processors, equipment for the Interconnection of the
Cable System with adjacent Cable Systems or other separate communications
network, and all other related equipment and facilities.
1.25
Interconnect or Interconnection means the provision by Grantee of technical,
engineering, physical, financial and all other necessary components to provide
and adequately maintain a physical linking of Grantee's Cable System with any
other designated Cable System or any separate communications network, so
that services of technically adequate quality may be sent to, and received from,
such other systems to the extent required by this Agreement.
1.26
Leased Access Channel means any Channel commercially available for
Programming for a fee or charge by Grantee to members of the general public.
1.27
Origination Point means a location other than an Access Center, where PEG
Access Programming is delivered to the Grantee for Upstream transmission.
1.28
Parent Corporation means Comcast Communications, Inc. or successors and
assigns and includes any other existing or future corporations with greater than
fifty percent (50%) ownership or control over Grantee.
1.29
Person means any individual, sole proprietorship, partnership, association,
corporation, or any other form of organization authorized to do business in the
State of Oregon, and includes any natural person.
1.30
Programmer means any Person responsible for PEG Access Programming on
the Cable System, including, without limitation, any Person who produces or
otherwise provides PEG Access Programming for transmission on the Cable
System.
1.31
Programming means television programs, audio, video or other patterns of
Signals to be transmitted on the Cable System, and includes all programs or
patterns of Signals transmitted, or capable of being transmitted, on the Cable
System.
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1.32
Public Communications Network ("PCN") means the separate
communications institutional network provided by the Grantee under Section 12
of this Agreement designed principally for the provision of non-entertainment,
interactive services to public Schools, public universities and colleges, Pacific
University, public agencies, or the Virginia Garcia Health Centers (or successor
agencies) for use in connection with the ongoing operations of such institutions.
Services provided include data to PCN users on an individual application,
private channel basis.
1.33
Public Rights of Way include, but are not limited to, Streets, bridges,
sidewalks, trails, paths, public utility easements, and all other public ways,
including the subsurface under and air space over these areas, excluding parks
and parkways, but only to the extent of the Grantor's right, title, interest, or
authority to grant a Franchise to occupy and use such Streets and easements
for Cable System facilities. "Public Rights of Way" shall also include any
easement granted to or owned by the Grantor and acquired, established,
dedicated, or devoted for public utility purposes to the extent the easement
authorizes use of the easement area for Cable Systems. Nothing in this
Agreement shall preclude Grantee's use of private easements as set forth in 47
U.S.C. § 541(a)(2).
1.34
Record means written or graphic materials, however produced or reproduced,
or any other tangible permanent record, to the extent related to the
enforcement or administration of this Agreement.
1.35
Quarterly or Quarter means the standard calendar periods of January 1 March 31, April 1 - June 30, July 1 - September 30, and October 1 - December
31, unless otherwise specified in this Agreement.
1.36
School means any accredited educational institution, public or private, including,
but not limited to, primary and secondary Schools.
1.37
Section means a provision of this Agreement, unless specified as part of
another document.
1.38
Signal means any electrical or light impulses carried on the Cable System,
whether one-way or bi-directional.
1.39
Streets means the surface of any public street, road, alley or highway, within the
Grantor, used or intended to be used by the general public for general
transportation purposes to the extent the Grantor has the right to allow the
Grantee to use them, and the space above and below.
1.40
Subscriber means any Person who is lawfully receiving, for any purpose or
reason, any Cable Service provided by Grantee by means of, or in connection
with, the Cable System.
1.41
Upstream means the transport of Signals to the Headend from remote points
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on the Cable System or from Interconnection points on the Cable System.
SECTION 2. GRANT OF FRANCHISE
2.1
2.2
Grant
(A)
Grantor hereby grants to Grantee a nonexclusive and revocable
authorization to make lawful use of the Public Rights of Way within the
Franchise Area to construct, operate, maintain, reconstruct, and repair a
Cable System for the purpose of providing Cable Services and to
provide a PCN for voice, video, and data, subject to the terms and
conditions set forth in this Agreement.
(B)
This Agreement is intended to convey limited authority and interests
only as to those Public Rights of Way in which the Grantor has an
actual interest. It is not a warranty of title or interest in any Public Rights
of Way, it does not provide the Grantee any interest in any particular
location within the Public Rights of Way, and it does not confer rights
other than as expressly provided in the grant hereof. This Agreement
does not deprive the Grantor of any powers, rights, or privileges it now
has, or may acquire in the future, to use, perform work on, or regulate
the use and control of the Grantor's Public Rights of Way covered by
this Agreement, including without limitation, the right to perform work on
its Streets, or appurtenant public works facilities, including constructing,
altering, paving, widening, grading, or excavating thereof.
(C)
This Agreement authorizes Grantee to engage in providing Cable
Service and to provide a related PCN as described in Section 12 of this
Agreement. This Agreement shall not be interpreted to prevent the
Grantor from imposing lawful additional conditions including additional
compensation conditions for use of the Public Rights of Way should
Grantee provide service other than Cable Service, to the extent
consistent with applicable federal law. Nothing herein shall be
interpreted to prevent Grantee from challenging the lawfulness or
enforceability of any provisions of applicable law.
(D)
Grantee promises and guarantees as a condition of exercising the
privileges granted by this Agreement that any agent, Affiliate or joint
venture or partner of the Grantee directly involved in the offering of
Cable Service in the Franchise Area, or directly involved in the
management or operation of the Cable System in the Franchise Area,
will also comply with the terms and conditions of this Agreement.
Use of Public Rights of Way
Subject to Grantor's supervision and control and the terms of this Agreement,
Grantee may erect, install, construct, repair, replace, reconstruct, and retain in,
on, over, under, upon, across, and along the Public Rights of Way within the
Franchise Area, such wires, cables, conductors, ducts, conduits, vaults,
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amplifiers, pedestals, attachments, and other property and equipment as are
necessary and appurtenant to the operation of a Cable System for the
provision of Cable Service within the Franchise Area. Grantee shall comply
with all applicable construction codes, laws, ordinances, regulations and
procedures now in effect or enacted hereafter, and must obtain any and all
necessary permits from all appropriate agencies prior to commencing any
construction activities. Grantee, through this Agreement, is granted extensive
and valuable authority to operate its Cable System for profit using Grantor's
Public Rights of Way within the Franchise Area in compliance with all
applicable Grantor construction codes and procedures. As trustee for the
public, Grantor is entitled to fair compensation to be paid for the valuable
authority throughout the term of this Agreement subject to federal law.
2.3
Duration
The term of this Agreement and all authority, privileges, obligations, and
restrictions pertaining thereto shall be from the Effective Date of this
Agreement through June 30, 2036, unless extended or terminated sooner as
hereinafter provided.
2.4
Effective Date
The Effective Date of this Agreement shall be July 1, 2026, unless Grantee fails
to file an unconditional written acceptance of this Agreement and post the
security required in Section 5.3. Grantee shall accept this Agreement within
forty-five (45) days of the date that all Grantor jurisdictions have approved the
Agreement, unless the time for acceptance is extended in writing by Grantor. In
the event acceptance does not take place or the security is not posted as
required hereunder, this Agreement shall be voidable at the reasonable
discretion of Grantor, and any and all authority of Grantee to own or operate a
Cable System within the Franchise Area under the express terms of this
Agreement shall be of no force or effect.
2.5
Franchise Nonexclusive
This Agreement shall be nonexclusive, and is subject to all prior rights,
interests, agreements, permits, easements or licenses granted by Grantor to
any Person to use any Street, Public Rights of Way, easements not otherwise
restricted, or property for any purpose whatsoever, including the right of
Grantor to use same for any purpose it deems fit, including the same or similar
purposes allowed Grantee hereunder. Grantor may, at any time, grant
authorization to use the Streets and Public Rights of Way for any purpose and
for such additional Franchises for Cable Systems as Grantor deems
appropriate subject to Section 2.6 below.
2.6
Grant of Other Franchises
(A)
The Grantor reserves the right to grant additional franchises or similar
authorizations to provide Cable Services via Cable Systems or similar
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wireline systems located in the Public Rights of Way. Grantor intends to
treat wireline competitors in a nondiscriminatory manner in keeping with
federal law. If the Grantor grants such an additional franchise or
authorization to use the Public Rights of Way to provide Cable Services
via Cable Systems or similar wireline systems located in the Public
Rights of Way and Grantee reasonably believes the Grantor has done
so on terms materially more favorable than the obligations under this
Agreement, then the provisions of this Section 2.6 will apply.
(B)
As part of this Agreement, the Grantor and Grantee have
mutually agreed that only the following material Franchise
terms may be used to compare Grantee's Franchise to a
wireline competitor: a five percent (5%) Franchise fee, PEG
funding, PEG Access Channels, customer service
obligations and complimentary services (hereinafter
"Material Obligations").Grantor and Grantee agree that
these Material Obligations bear no relationship to the
technology employed by the Grantee or a wireline
competitor and as such can reasonably be expected to be
applied fairly across all wireline competitors.
(C)
Anytime after the adoption of a wireline competitor's franchise or similar
authorization, Grantee must notify the Grantor in writing of the Material
Obligations in the wireline competitor’s franchise that are materially
more favorable than the Material Obligations of this Agreement. The
Grantor shall have one hundred twenty (120) days to agree to allow
Grantee to adopt the same Material Obligations provided to the wireline
competitor, or dispute that the Material Obligations in the wireline
competitor’s franchise are materially more favorable. In the event the
Grantor disputes the Material Obligations in the wireline competitor’s
franchise are materially more favorable, Grantee may bring an action in
federal or state court for a determination as to whether the Material
Obligations are materially more favorable and as to what Franchise
amendments would be necessary to remedy the disparity. Alternatively,
Grantee may notify the Grantor that it elects to immediately commence
the renewal process under 47 U.S.C. § 546 and to have the remaining
term of this Franchise shortened to not more than thirty (30) months.
(D)
Nothing in this Section 2.6 is intended to alter the rights or obligations of
either party under applicable federal or state law, and it shall only apply
to the extent permitted under applicable law and FCC orders. In no
event will the Grantor be required to refund or to offset against future
amounts due the value of benefits already received.
(E)
This provision does not apply if the Grantor is ordered or required to
issue a franchise on different terms and conditions, or it is legally unable
to impose on a competitor the same Material Obligations as in this
Agreement; and the relief is contingent on the new wireline competitor
actually commencing provision of Cable Service in the market to its first
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customer. Should the new wireline competitor fail to continuously
provide Cable Service for a period of six (6) months, the Grantor has
the right to implement this Agreement with its original terms upon one
hundred eighty (180) days' notice to Grantee.
(F)
2.7
This Section shall apply separately in the individual member units of
local government who are members of the Commission. Grantee may
seek to invoke the provisions of this Section only in that individual
jurisdiction, not in any jurisdiction where a competitor has not secured a
competitive franchise. This Section does not apply to open video
systems, nor does it apply to common carrier systems exempted from
franchise requirements pursuant to 47 U.S.C. § 571; or to systems that
serve less than five percent (5%) of the geographic area of the Grantor;
or to systems that only provide video services via the public Internet.
Police Powers
Grantee's authority hereunder is subject to the lawful police powers of Grantor
to adopt and enforce ordinances necessary to the safety, health, and welfare of
the general public. Nothing in this Agreement shall be deemed to waive the
requirements of the other codes and ordinances of general applicability
enacted, or hereafter enacted, by Grantor. Grantee agrees to comply with all
applicable laws and ordinances enacted, or hereafter enacted, by Grantor or
any other legally-constituted governmental unit having lawful jurisdiction over
the subject matter hereof. Nothing in this Section shall be deemed a waiver by
Grantee or the Grantor of the rights of Grantee or the Grantor under applicable
law.
2.8
Relations to Other Provisions of Law
This Agreement and all authority and privileges granted under it are subject to,
and the Grantee must exercise all authority in accordance with, applicable law
as amended over the Franchise term. This Agreement is a contract, subject to
the Grantor's exercise of its police and other regulatory powers and such
applicable law. This Agreement does not confer rights, authority, privileges or
immunities upon the Grantee other than as expressly provided herein. In cases
of conflict between this Agreement and any ordinance of general application
enacted pursuant to the Grantor's police power, the ordinance shall govern.
Grantee reserves all rights it may have to challenge the lawfulness of any
Grantor ordinance, whether arising in contract or at law. The Grantor reserves
all of its rights and defenses to such challenges, whether arising in contract or
at law. The Franchise issued, and the Franchise fee paid hereunder, are not in
lieu of any other required permit, authorization, fee, charge, or tax, unless
expressly stated herein.
2.9
Effect of Acceptance
By accepting the Franchise the Grantee: (1) acknowledges and accepts the
Grantor's legal right to issue and enforce the Agreement; (2) agrees that it will
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not oppose the Grantor's intervening or other participation in any proceeding
affecting the Cable System; (3) accepts and agrees to comply with each and
every provision of this Agreement; and (4) agrees that the Franchise was
granted pursuant to processes and procedures consistent with applicable law,
and that it will not raise any claim to the contrary.
SECTION 3.
3.1
FRANCHISE FEE AND FINANCIAL CONTROLS
Franchise Fees
(A)
As compensation for the benefits and privileges granted under this
Agreement, and in consideration of permission to use Public Rights of
Way, Grantee shall pay as a Franchise fee to Grantor, throughout the
duration of this Agreement, an amount equal to five percent (5%) of
Grantee's Gross Revenues. Accrual of such Franchise fees shall
commence as of the Effective Date of this Agreement. The Franchise
fees are in addition to all other fees, license, permit fee, assessments,
taxes, or payments of general applicability, including any fee, tax or
charge on the business, occupation, property or income of Grantee that
may be imposed by Grantor, that the Grantee may be required to pay
under any federal, state, or local law to the extent not inconsistent with
applicable law. This Agreement and the Franchise fees paid hereunder
are not in lieu of any other generally applicable required permit,
authorization, fee, charge, or tax.
In the event any law or valid rule or regulation applicable to this
Franchise limits Franchise fees below the five percent (5%) of Gross
Revenues required herein, the Grantee agrees to and shall pay the
maximum permissible amount and, if such law or valid rule or regulation
is later repealed or amended to allow a higher permissible amount, then
the Grantee shall pay the higher amount up to the maximum allowable
by law, not to exceed five percent (5%) during all affected time periods.
Payments
(B)
3.2
Grantee's Franchise fee payments to Grantor shall be computed Quarterly.
Each Quarterly payment shall be due and delivered to Grantor no later than
forty-five (45) days after the last day of the preceding Quarter.
3.3
Acceptance of Payment and Recomputation
No acceptance of any payment shall be construed as an accord by Grantor that
the amount paid is, in fact, the correct amount, nor shall any acceptance of
payments be construed as a release of any claim Grantor may have for further
or additional sums payable or for the performance of any other obligation of
Grantee.
3.4
Quarterly Franchise Fee Reports
Each payment shall be accompanied by a written report to Grantor, verified by
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an authorized representative of the Grantee, containing an accurate statement
in summarized form, as well as in detail, and in a form agreed to by Grantor, of
Grantee's Gross Revenues and the computation of the payment amount.
3.5
Annual Franchise Fee Reports
Grantee shall, no later than one hundred twenty (120) days after the end of
each calendar year, furnish to Grantor a statement verified by an authorized
representative of the Grantee, stating the total amount of Gross Revenues and
all payments, deductions, and computations for the period covered by the
payments.
3.6
Audit/Reviews
No more frequently than every twenty-four (24) months, upon thirty (30) days’
prior written notice, Grantor shall have the right to conduct an independent
audit or review of Grantee's Records reasonably related to the administration or
enforcement of this Agreement. The Grantor may hire an independent third
party to audit or review the Grantee's financial Records, in which case the
Grantee shall provide all necessary Records to the third party. All such
Records shall be provided in electronic format fully compatible with Grantor's
software. If the audit or review shows that Franchise fees have been underpaid
by five percent (5%) or more, Grantee shall reimburse Grantor the reasonable
cost of the audit or review up to twenty thousand dollars ($20,000) within thirty
(30) days of the Grantor's written demand for same. Records for audit/review
purposes shall include without limitation:
3.7
(A)
Source documents, which demonstrate the original or beginning amount,
and the final amount shown on any report related to and/or included in
the determination of Franchise fees, including revenues or expenses
related thereto.
(B)
Source documents that completely explain any and all calculations
related to any allocation of any amounts involving Franchise fees,
revenues, or expenses related thereto.
(C)
Any and all accounting schedules, statements, and any other form of
representation, which relate to, account for, and/or support and/or
correlate to any accounts involving Franchise fees, revenues or
expenses related thereto.
Interest on Late Payments
Payments not received within forty-five (45) days from the Quarter ending date
or are underpaid shall be assessed interest from the due date at a rate equal to
the legal interest rate on judgements in the State of Oregon.
3.8
Additional Commitments Not Franchise Fees
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3.9
(A)
No term or condition in this Agreement shall in any way modify or affect
Grantee's obligation to pay Franchise fees related to Cable Services to
Grantor in accordance with applicable law, except as expressly
provided in 47 C.F.R. § 76.42. Although the total sum of Franchise fee
payments and additional commitments set forth elsewhere in this
Agreement may total more than five percent (5%) of Grantee's Gross
Revenues in any twelve (12) month period, Grantee agrees that the
additional commitments herein are not Franchise fees as defined under
federal law, to the extent not inconsistent with applicable federal law,
nor are they to be offset or credited against any Franchise fee
payments due to Grantor, except as expressly provided in 47 C.F.R. §
76.42.
(B)
To the extent Grantee believes any in-kind, cable-related contributions
are considered “franchise fees” subject to the five percent cap set forth
in 47 U.S.C. § 542(b) as expressly provided in 47 C.F.R. § 76.42,
Grantee shall provide Grantor written notice of each in-kind, cablerelated contribution and Grantee’s calculation of the marginal cost to
Grantee of each contribution. Within thirty (30) days of a request from
Grantor, Grantee shall provide documentation to support Grantee’s
calculation of marginal cost. Within one hundred and twenty (120) days
of receiving the notice and requested documentation to support
Grantee’s calculation, Grantor will notify Grantee, with respect to each
identified in-kind, cable-related contribution, whether (i) the Grantee is
relieved of the obligation in whole or in part; (ii) the Grantee may count
the in-kind, cable-related contribution toward the Franchise fee cap at
the marginal cost of such contribution; or (iii) Grantor disputes that the
contribution is subject to inclusion in Franchise fees pursuant to 47
C.F.R. § 76.42 or disputes the calculation of marginal cost, in which
case the parties shall follow the dispute resolution procedures in
Section 19.2.
Costs of Publication
Grantee shall pay the reasonable cost of newspaper notices and publication
pertaining to this Agreement, and any amendments thereto, including changes
in control or transfers of ownership, as such notice or publication is reasonably
required by applicable law.
3.10
Payment on Termination
If this Agreement terminates for any reason, the Grantee shall file with the
Grantor within ninety (90) calendar days of the date of the termination, a
financial statement, certified by an independent certified public accountant,
showing the Gross Revenues received by the Grantee since the end of the
previous fiscal year. The Grantor reserves the right to satisfy any remaining
financial obligations of the Grantee to the Grantor by utilizing the funds
available in a performance bond or other security provided by the Grantee.
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SECTION 4. ADMINISTRATION AND REGULATION
4.1
Authority
Grantor is vested with the power and right to regulate the exercise of the
privileges permitted by this Agreement in the public interest, or to delegate that
power and right, or any part thereof, to the extent permitted under state and
local law, to any agent, in its sole discretion. Grantor has vested the
Commission with the administration of this Agreement and Grantee is expected
to rely upon, look to, communicate with and comply with the decisions and
orders of the Commission, its agents and employees on all cable matters to
which the Grantor has lawfully delegated to the Commission the exercise of its
authority under this Agreement during such time that Grantor is a member of
the Commission. Should the Commission dissolve during the term of this
Agreement, all references to the Commission in this Agreement shall be
deemed to reference the Grantor without the need to amend this Agreement.
In the event Grantor withdraws from the Commission or the Commission
ceases to operate, Grantor will work in good faith with Grantee to adopt any
necessary amendments to this Agreement needed to preserve the rights
provided hereunder in an equitable manner for both parties, including the
potential need to adjust the PEG Channel capacity requirements of Section 9
and the performance bond amount in Section 5.3.
4.2
Rates and Charges
All of Grantee's rates and charges related to or regarding Cable Service shall
be subject to regulation by Grantor to the full extent authorized by applicable
federal, state and local laws.
4.3
Rate Discrimination
All of Grantee's rates and charges shall be published (in the form of a publicly
available rate card), and shall be nondiscriminatory as to all Persons of similar
classes, under similar circumstances and conditions. Grantee shall apply its
rates in accordance with governing law, without regard to race, color, familial,
ethnic or national origin, religion, age, sex, sexual orientation, marital status,
military status, or physical or mental disability, or geographic location in the
Franchise Area except to the extent expressly permitted by applicable law.
4.4
Filing of Rates and Charges
Throughout the term of this Agreement, Grantee shall maintain on file with
Grantor a complete schedule of applicable rates and charges for Cable Service
provided under this Agreement.
4.5
Time Limits Strictly Construed
Whenever this Agreement sets forth a time for any act to be performed by
Grantee, such time shall be deemed to be of the essence, and any failure of
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Grantee to perform within the allotted time may be considered a material
violation of this Agreement and sufficient grounds for Grantor to invoke any
relevant provision of this Agreement. However, in the event that Grantee is
prevented or delayed in the performance of any of its obligations under this
Agreement by reason of a force majeure occurrence, as defined in Section 4.7,
Grantee's performance shall be excused during the force majeure occurrence
and Grantee thereafter shall, under the circumstances, promptly perform the
affected obligations under this Agreement or procure a substitute for
performance which is satisfactory to Grantor. Grantee shall not be excused by
mere economic hardship or by misfeasance or malfeasance of its directors,
officers, employees, or duly authorized agents.
4.6
4.7
Mid-Term Performance Evaluation Session
(A)
Upon sixty (60) days’ notice to Grantee, Grantor may hold a single
performance evaluation session during the term of this Agreement.
Grantor shall conduct such evaluation session.
(B)
The evaluation session shall be open to the public and announced at
least one week in advance in a newspaper of general circulation in the
Franchise Area.
(C)
The evaluation session shall deal with the Grantee's performance of the
terms and conditions of this Agreement and compliance with state and
federal laws and regulations.
(D)
Upon request, as part of the performance evaluation session, Grantee
shall submit to the Grantor a plant survey, report, or map, in a format
mutually acceptable to Grantor and Grantee, which includes a
description of the portions of the Franchise Area that are cabled and
have all Cable Services available. Such report shall also include the
number of miles and location of overhead and underground cable plant.
If the Grantor has reason to believe that a portion or all of the Cable
System does not meet the applicable FCC technical standards, the
Grantor, at its expense, reserves the right to appoint a qualified
independent engineer to evaluate and verify the technical performance
of the Cable System.
(E)
During the evaluation under this Section, Grantee shall fully cooperate
with Grantor and shall provide such information and documents as
necessary and reasonable for Grantor to perform the evaluation subject
to Section 7.2.
Force Majeure
For the purposes of interpreting the requirements in this Agreement, force
majeure shall mean: an event or events reasonably beyond the ability of
Grantee to anticipate and control. This includes, but is not limited to, severe
weather conditions, strikes, labor disturbances, lockouts, war or act of war
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(whether an actual declaration of war is made or not), insurrection, riots, acts of
public enemy, actions or inactions of any government instrumentality or public
utility including condemnation, accidents for which Grantee is not primarily
responsible, fire, flood, or other acts of God, or documented work delays
caused by waiting for utility providers to service or monitor utility poles to which
Grantee's facilities are attached, and documented unavailability of materials
and/or qualified labor to perform the work necessary to the extent that such
unavailability of materials or labor was reasonably unforeseeable and beyond
the control of Grantee.
SECTION 5.
5.1
FINANCIAL AND INSURANCE REQUIREMENTS
Insurance Requirements
(A)
General Requirement. Grantee must have adequate insurance in full
force and effect at its own cost and expense during the entire term of
this Agreement to protect against claims for injuries to Persons or
damages to property which in any way relate to, arise from, or are
connected with this Agreement or involve Grantee, its agents,
representatives, contractors, subcontractors and their employees.
(B)
Initial Insurance Limits. Grantee must keep insurance in effect in
accordance with the minimum insurance limits herein set forth by the
Grantor from time to time. The Grantee shall obtain policies for the
following initial minimum insurance limits:
(1)
Commercial General Liability insurance with limits of no less
than three million dollars ($3,000,000.00) per occurrence and
three million dollars ($3,000,000.00) general aggregate.
Coverage shall include severability of interests with respect to
each additional insured. Such insurance shall cover liability
arising from premises, operations, property damage,
independent contractors, products-completed operations, bodily
injury, personal injury and advertising injury, and liability
assumed under an insured contract. There shall be no exclusion
for liability arising from explosion, collapse, or underground
property damage. The Grantor shall be included as an additional
insured under the Grantee’s Commercial General Liability
insurance policy with respect to this Franchise Agreement.
(2)
Commercial Automobile Liability Insurance covering all owned,
non-owned, hired and leased vehicles, with a minimum
combined single limit for bodily injury and property damage of
three million dollars ($3,000,000.00) per accident. The policy
shall contain a severability of interest provision with respect to
each additional insured.
(3)
Employer’s Liability: Three million dollars ($3,000,000);
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(4)
Workers Compensation: With coverages and limits in
accordance with applicable State of Oregon statutes;
(5)
Excess or Umbrella Liability Insurance shall be written with limits
of not less than three million dollars ($3,000,000.00) per
occurrence and annual aggregate. The Excess or Umbrella
Liability requirements and limits may be satisfied instead through
Grantee’s Commercial General Liability and Automobile Liability
Insurance, or any combination thereof that achieves the overall
required limits.
(C)
The Grantee shall cause each of its subcontractors to provide insurance
coverage reasonably appropriate to the scope of each such
subcontractor’s work.
(D)
Failure on the part of the Grantee to maintain the insurance as required
may constitute a material breach of this Agreement.
(E)
If Grantee changes its policy to include a self-insured retention, the
Grantee shall give notice of such change to the Grantor. Grantor’s
approval will be given if the self-insured retention is consistent with
standard industry practices. Any deductible or self-insured retention of
the policies shall not in any way limit Grantee’s liability to the Grantor.
(F)
Endorsements.
(1)
(2)
All policies shall contain, or shall be endorsed so that:
(a)
The Grantor, its officers, officials, employees, boards,
commissions and agents are to be covered as, and have
the rights of, additional insureds with respect to liability
arising out of activities performed by, or on behalf of,
Grantee under this Agreement or applicable law, or in the
construction, operation or repair, or ownership of its
Cable System;
(b)
The Grantee’s insurance coverage shall be primary
insurance with respect to the Grantor, its officers,
officials, employees, boards, commissions and agents.
Any insurance or self-insurance maintained by the
Grantor, its officers, officials, employees, boards,
commissions and agents shall be in excess of the
Grantee’s insurance and shall not contribute to it; and
(c)
Grantee’s insurance shall apply separately to each
insured against whom a claim is made or lawsuit is
brought, except with respect to the limits of the insurer's
liability.
All policies shall contain, or shall be endorsed so that:
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(a)
5.2
The policy shall not be suspended, voided, canceled, or
reduced in coverage or in limits, nor shall the intention
not to renew be stated by the insurance company except
after forty-five (45) days’ prior written notice, return
receipt requested, has been provided to Grantor.
(G)
Acceptability of Insurers. The insurance obtained by Grantee shall be
placed with insurers with a Best’s rating of no less than “A: VII.”
(H)
Verification of Coverage. The Grantee shall furnish the Grantor with
certificates of insurance and endorsements or a copy of the page of the
policy reflecting blanket additional insured status. The certificates and
endorsements for each insurance policy are to be signed by a Person
authorized by that insurer to bind coverage on its behalf. The
certificates and endorsements for each insurance policy are to be on
standard forms or such forms as are consistent with standard industry
practices and are to be received and approved by the Grantor prior to
the commencement of activities associated with this Agreement. The
Grantee hereby warrants that its insurance policies satisfy the
requirements of this Agreement.
(I)
Adequacy of Limits and Coverage. It is agreed that the insurance
requirements shall not in any way act to reduce or otherwise alter the
liability of Grantee herein. No representation is made that the minimum
insurance requirements of this Franchise are sufficient to cover the
obligations of Grantee hereunder.
Indemnification
(A)
Scope of Indemnity. Grantee shall, at its sole cost and expense,
indemnify, hold harmless, and defend the Grantor and its officers,
boards, commissions, duly authorized agents, and employees from and
against any and all claims (including, but not limited to, third party
claims), demands, suits, causes of action, proceedings, and judgments
for damages or equitable relief, to the extent such liability arises out of
or through the acts or omissions of the Grantee, or is alleged to arise
out of or through the acts or omissions of the Grantee, related to or
arising out of the construction, operation or repair of its Cable System
regardless of whether the act or omission complained of is authorized,
allowed, or prohibited by this Agreement, provided, however, the
Grantee will not be obligated to indemnify Grantor should Grantor opt to
intervene in any proceeding pursuant to Section 2.9 of this Agreement;
and provided further Grantee will not be obligated to indemnify Grantor
for damage or injury resulting from the negligence or willful negligence
of Grantor. Without limiting in any way the Grantee's obligation to
indemnify the Grantor and its officers, boards, commissions, duly
authorized agents, and employees, as set forth above, this indemnity
provision also includes damages and liabilities such as:
(1)
To persons or property, to the extent such liability arises out of
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or through the acts or omissions of the Grantee, its contractors,
subcontractors, and their officers, employees, or duly authorized
agents, or to which the Grantee's negligence or fault shall in any
way contribute;
(B)
(2)
Arising out of any claim for invasion of the right of privacy; for
defamation of any Person, firm or corporation; for the violation or
infringement of any copyright, trademark, trade name, service
mark, or patent; for a failure by the Grantee to secure consents
from the owners or authorized distributors of programs to be
delivered by the Cable System; or for violation of any other right
of any Person, to the extent such liability arises out of or through
the acts or omissions of the Grantee, provided, however, that
Grantee will not be required to indemnify Grantor for any such
claims arising out of use of PEG Access Channels or use of
PEG funds by Grantor and/or DAP;
(3)
Arising out of Grantee's failure to comply with the provisions of
any federal, state or local statute, ordinance, rule or regulation
applicable to the Grantee with respect to any aspect of its
business to which this Agreement applies, to the extent such
liability arises out of or through the acts or omissions of the
Grantee; and
(4)
Arising from any third party suit, action or litigation, whether
brought by a competitor to Grantee or by any other Person or
entity, to the extent such liability arises out of or through the acts
or omissions of the Grantee, whether such Person or entity does
or does not have standing to bring such suit, action or litigation if
such action (1) challenges the authority of the Grantor to issue
this Agreement to Grantee; or (2) alleges that, in issuing this
Agreement to Grantee, the Grantor has acted in a disparate or
discriminatory manner.
Duty to Give Notice and Tender Defense. The Grantor shall give the
Grantee timely written notice of any claim or of the commencement of
any action, suit or other proceeding covered by the indemnity obligation
in this Section. In the event any such claim arises, the Grantor or any
other indemnified party shall tender the defense thereof to the Grantee
and the Grantee shall have the obligation and duty to defend, settle or
compromise any claims arising thereunder, and the Grantor shall
cooperate fully therein. Grantee shall accept or decline the tender within
thirty (30) days. Grantee shall reimburse reasonable attorney fees and
costs incurred by the Grantor during the thirty (30) day period in which
the Grantee accepts or declines tender. In the event that the Grantee
declines defense of the claim in violation of this Section 5.2, the Grantor
may defend such claim and seek recovery from Grantee for its
expenses for attorney fees, costs and disbursements, including expert
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witness fees, incurred by Grantor for defense and in seeking such
recovery.
5.3
Performance Bond
(A)
In addition to any other generally applicable bond or security fund
obligations required by local ordinance or regulation, upon the Effective
Date of this Agreement, the Grantee shall furnish proof of the posting of
a faithful performance bond running to the Grantors collectively with
good and sufficient surety approved by the Commission, in the penal
sum of Three Hundred Fifty Thousand Dollars ($350,000.00),
conditioned that Grantee shall well and truly observe, fulfill and perform
each term and condition of this Agreement. Such bond shall be issued
by a bonding company licensed to do business in the State of Oregon
and shall be maintained by the Grantee throughout the term of this
Agreement.
(B)
The bond shall contain a provision that it shall not be terminated or
otherwise allowed to expire without thirty (30) days’ written notice first
being given to the Grantor. The bond shall be subject to the approval of
the Grantor or the Commission as to its adequacy under the
requirements of this Section. During the term of the bond, Grantee shall
file with the Grantor a duplicate copy of the bond along with written
evidence of payment of the required premiums unless the bond
otherwise provides that the bond shall not expire or be terminated
without thirty (30) days’ prior written notice to the Grantor.
SECTION 6. CUSTOMER SERVICE
6.1
Grantee shall comply with the customer service standards set forth in 47 C.F.R.
Part 76 of the FCC’s rules and regulations, as amended, including but not
limited to 47 C.F.R. §§ 76.309, 76.1602, 76.1603, 76.1619 and 76.1713.
Nothing in this Franchise shall be deemed to waive any rights or authority
Grantor may have pursuant to 47 U.S.C. § 552.
6.2
Emergency Broadcast. Grantee will comply with the Emergency Alert System
(EAS) as provided under applicable FCC Regulations, the Oregon State EAS
Plan and the local EAS plan, if any, that applies to Grantor.
6.3
ADA Accessible Equipment. Grantee shall comply with the Americans with
Disabilities Act ("ADA"), any amendments thereto and any other applicable
federal, state or local laws or regulations. Grantee shall notify Subscribers of
the availability of ADA equipment and services and, upon request, shall provide
such equipment and services in accordance with federal and state laws.
6.4
Discriminatory Practices. Grantee shall not deny Cable Service, or otherwise
discriminate against Subscribers, Programmers or any other Persons on the
basis of race, color, religion, age, sex, national origin, sexual orientation or
physical or mental disability. Grantee shall comply at all times with all other
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applicable federal, state or local laws, rules and regulations relating to
nondiscrimination.
SECTION 7. REPORTS AND RECORDS
7.1
7.2
Open Records
(A)
Grantee shall manage all of its operations in accordance with a policy of
keeping its documents and Records open and accessible to Grantor.
Grantor shall have access to, and the right to inspect, any books and
Records of Grantee, its Parent Corporations and Affiliated entities that
are reasonably related and necessary to the administration or
enforcement of the terms of this Agreement. Grantee shall not deny
Grantor access to any of Grantee's Records on the basis that Grantee's
Records are under the control of any Parent Corporation, Affiliated entity
or a third party. Grantor may, in writing, request copies of any such
Records or books and Grantee shall provide such copies within ten (10)
business days of the transmittal of such request. If the requested books
and Records are too voluminous, or for security reasons cannot be
copied or removed, then Grantee may request, in writing within ten (10)
business days, that Grantor inspect them at one of Grantee's local area
offices. If any books or Records of Grantee are not kept in a local office,
Grantee will provide or otherwise make such documents available for
inspection and review at the local office within ten (10) business days.
(B)
Grantee shall provide Grantor with a sample Cable Services bill, on a
monthly basis.
(C)
Grantee shall at all times maintain and allow Grantor, with reasonable
notice, access and the right to review a full and complete set of plans,
Records and "as built" maps showing the location of all Cable System
equipment installed or in use in the Franchise Area, exclusive of
electronics, Subscriber drops and equipment provided in Subscribers'
homes. These maps shall be maintained in a standard format and
medium consistent with Grantee's regular business practices. Grantor's
review of the plans, Records, and as-built maps, provided for herein, shall
occur at the Grantee's local office, or, upon Grantor’s request, in
electronic format acceptable to Grantor subject to Section 7.2.
(D)
The ability for Grantor to obtain Records and information from Grantee is
critical to the administration of this Agreement and the requirements
herein. Therefore, Grantee's failure to comply with the requirements of
this Section may result in fines as prescribed in Section 15.
Confidentiality
Subject to the limits of the Oregon Public Records Law, Grantor agrees to treat
as confidential any books and Records that constitute proprietary or
confidential information under federal or state law, to the extent Grantee makes
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Grantor aware of such confidentiality at the time of disclosure. Grantee shall be
responsible for clearly and conspicuously stamping the word "Confidential" on
each page that contains confidential or proprietary information, and shall
provide a brief written explanation as to why such information is confidential
under state or federal law. If Grantor believes it must release any such
confidential books and Records in the course of enforcing this Agreement, or
for any other reason, it shall advise Grantee in advance so that Grantee may
take appropriate steps to protect its interests. If Grantor receives a demand
from any Person for disclosure of any information designated by Grantee as
confidential, Grantor shall, so far as consistent with applicable law, advise
Grantee and provide Grantee with a copy of any written request by the party
demanding access to such information within a reasonable time. In the event
Grantee timely takes necessary steps to prevent disclosure of confidential
books, records, or maps, and so long as Grantee is continuing any lawful
efforts to prevent disclosure, Grantor agrees that, to the extent permitted by
state and federal law, it shall deny access to any of Grantee's books and
Records marked confidential as set forth above to any Person.
7.3
Copies of Federal and State Documents
Upon thirty (30) days of a request by Grantor, Grantee shall submit to Grantor
a list, or copies of actual documents, of all pleadings, applications, notifications,
communications and documents of any kind, submitted by Grantee or its
Parent Corporations or Affiliates to any federal, state or local courts; regulatory
agencies or other government bodies if such documents specifically relate to
the operations of Grantee's Cable System within the Franchise Area. To the
extent allowed by law, any such confidential material determined to be exempt
from public disclosure shall be retained in confidence by Grantor and its duly
authorized agents and shall not be made available for public inspection.
7.4
Complaint File and Reports
(A)
Grantee shall keep an accurate and comprehensive Record of any and
all complaints regarding the operation and performance of the Cable
System within the Franchise Area, in a manner consistent with the
privacy rights of Subscribers, and Grantee's actions in response to
those complaints. Those Records shall be retained for one (1) year, and
remain available to Grantor during normal business hours.
(1)
Upon written request prior to the end of a Quarter, Grantee shall
provide to Grantor an executive summary report within forty-five
(45) days of the end of the Quarter, which shall include the
following information:
(a)
Nature and type of customer complaints.
(b)
Number, duration, general location and customer impact
of unplanned service interruptions.
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(2)
7.5
(c)
Any significant construction activities which affect the
quality or otherwise enhance the service of the Cable
System.
(d)
Subscriber reports indicating the total number of
Subscribers in such format as Grantee commonly
prepares such reports, provided that Grantor may require
additional detail when reasonably necessary for
Franchise-related purposes.
(e)
Total disconnections and major reasons for those
disconnections.
(f)
Total number of cable service calls.
(g)
A Telephone Response activity report provided in a
manner consistent with FCC requirements, or any
Grantor customer service standards, showing Total Calls
Answered within thirty (30) seconds, Average Hold Time,
Percent of Calls Answered within thirty (30) Seconds,
Percent of Abandoned Calls, and the Percent of Lines
Available. A sample of an acceptable report pursuant to
this Section is attached to this Agreement as Attachment
A.
(h)
Such other information about special problems, activities,
or achievements as Grantee may want to provide
Grantor.
Grantor shall also have the right to request such information as
appropriate and reasonable to determine whether or not Grantee
is in compliance with applicable customer service standards.
Such information shall be provided to Grantor in such format as
Grantee customarily prepares reports. Grantee shall fully
cooperate with Grantor and shall provide such information and
documents as necessary and reasonable for Grantor to evaluate
compliance.
Inspection of Facilities
Grantor may inspect any of Grantee's facilities and equipment to confirm
performance under this Agreement at any time upon at least forty-eight (48)
hours' notice, or, in case of an emergency, upon demand without prior notice.
Nothing herein shall prevent Grantor from performing visual inspections of the
Cable System in the Rights-of-Way at any time and without prior notice.
7.6
False Statements
Any intentional false or misleading statement or representation in any report
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required by this Agreement may be deemed a violation of this Agreement and
may subject Grantee to all remedies, legal or equitable, which are available to
Grantor under this Agreement or otherwise. Grantor shall have the right to
determine the severity of the violation based upon the report in question.
7.7
Report Expense
All reports and Records required under this Agreement shall be furnished,
without cost, to Grantor.
SECTION 8. PROGRAMMING
8.1
Broad Programming Categories
(A)
8.2
Grantee's Cable System shall provide a wide diversity of Programming,
including broad categories such as:
(1)
Educational Programming.
(2)
Sports.
(3)
General entertainment (including movies).
(4)
Children/family-oriented.
(5)
Arts, culture and performing arts.
(6)
Foreign language.
(7)
Science/documentary.
(8)
Weather information.
(9)
Programming addressed to diverse ethnic and minority interests
in the Franchise Area.
(10)
National, state, and local government affairs.
Parental Control Devices
Upon request by any Subscriber, Grantee shall make available parental
controls or information on how to activate parental controls to enable a
Subscriber to control access to both the audio and video portions of any or all
Channels. Grantee shall inform its Subscribers of the availability of the lockout
capability at the time of their initial subscription and periodically thereafter.
8.3
Leased Access Channels
Grantee shall meet the requirements for Leased Access Channels imposed by
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federal law.
8.4
Continuity of Service
(A)
It shall be the right of all Subscribers to continue to receive Cable
Service from Grantee insofar as their financial and other obligations to
Grantee are satisfied. Subject to the force majeure provisions of Section
4.7 of this Agreement, Grantee shall use its best efforts to ensure that
all Subscribers receive continuous, uninterrupted Cable Service
regardless of the circumstances.
(B)
In the event of a change in ownership, or in the event a new Cable
Operator acquires the Cable System in accordance with this
Agreement, Grantee shall cooperate with Grantor and such new Cable
Operator in maintaining continuity of service to all Subscribers.
SECTION 9. PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS
9.1
Management and Control of Access Channels
(A)
Grantor may authorize a DAP to control and manage the use of any and
all Access Centers, including, without limitation, the operation of Access
Channels provided by Grantee under this Agreement. To the extent of
such designation by Grantor, as between the DAP and Grantee, the
DAP(s) shall have sole and exclusive responsibility for operating and
managing such Access Centers. The Grantor or its designee may
formulate rules for the operation of the Public Access Channel,
consistent with this Agreement; such rules shall not be designed to
control the content of Public Access Programming. Nothing herein shall
prohibit the Grantor from authorizing itself to be a DAP.
(B)
Grantee shall cooperate with Grantor and DAPs in the use of the Cable
System and Access Centers for the provision of PEG Access.
(C)
The Grantor shall allocate Access resources consistent with applicable
law.
(D)
The Grantee shall, at Grantee's expense, provide connection, including
all necessary terminal equipment for the transmission, of all PEG
Access Channels required in this Agreement to and from the Grantee's
Headend and the DAP headend as of the Effective Date of this
Agreement. If the Grantor designates new Access providers, or if a
current DAP moves its site or location at its own instigation after the
Effective Date of this Agreement, the costs to construct the Cable
System from the new site or location to the nearest distribution point of
the Cable System shall not be the responsibility of Grantee and may be
funded from the PEG capital fee under Section 13 of this Agreement.
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9.2
Channel Capacity and Use
(A)
Upon the Effective Date of this Agreement, all Access Channels
provided for herein are administered by the Grantor or a DAP.
(B)
Throughout the term of this Agreement, Grantee shall, at Grantee’s
expense and free of charge to Grantor and any DAP, provide five (5)
Downstream Channels of Public, Educational, and Governmental
Access Programming that shall be fully available to and viewable by
every Subscriber regardless of subscription level, without additional
costs, charges or equipment beyond the costs, charges and equipment
required for the Subscribers’ chosen subscription level. The Channel
designations of those Channels as of the Effective Date of this
Agreement are: Channel 21; Channel 23; Channel 28; Channel 30 West
Linn and Channel 30 MACC. Notwithstanding the first sentence of this
subsection (B), Grantee is not obligated to make Channel 30 West Linn
available and viewable to Subscribers outside of the West Linn city
limits and is not obligated to make Channel 30 MACC available and
viewable to Subscribers within the West Linn city limits. Grantee does
not relinquish its ownership of or ultimate right of control over Cable
System Capacity or a Channel position by initially designating it for PEG
Access use.
(C)
Grantee shall simultaneously carry all five (5) Access Channels in both
Standard Definition (SD) and High Definition (HD), provided that
Grantee shall have one hundred twenty (120) days after written request
from the Grantor (which may be by electronic mail) to add the HD
Channels for Channels 21, 23 and 30 West Linn. If, during the term of
this Agreement, Grantee no longer offers any SD format Channels on
the Cable System, Grantee may, after written notice to Grantor, stop
providing the SD Access Channels. The Grantor acknowledges that
receipt of HD format Access Channels may require Subscribers to buy
or lease special equipment or pay additional HD charges applicable to
HD services. For purposes of this Agreement, “HD” shall mean the
highest quality format available for commercial Channels on the Cable
System.
(D)
Throughout the term of this Agreement, Grantee shall, at Grantee's
expense and free of charge to the Grantor and any DAP, provide and
maintain existing fiber Upstream links to enable character generated,
pre-recorded, and live cablecasts between the Origination Points
provided pursuant in Section 9.7 and any DAP headend facility to
enable the distribution of PEG Access Programming to Subscribers on
PEG Channels.
(E)
Grantor or Grantee may request a review of the PEG Channels any
time after the second year of the agreement to discuss items such as
new Signal delivery options, Channel usage, and changes in
technology.
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9.3
Access Channel Components
Grantee shall carry all components of the Access Channel Signals provided by
the DAP including, but not limited to, closed captioning, stereo audio and other
elements associated with the Programming. The DAP shall be responsible for
providing the Access Channel Signal to the Demarcation point at the
designated point of origination for the Access Channel. Grantee shall be
responsible for costs associated with the transport and distribution of the
Access Channel on its side of the Demarcation point.
9.4
Quality of Access Channel Signals.
The Grantee shall not unreasonably discriminate against Access Channels with
respect to accessibility, functionality and to the application of any applicable
FCC Rules and Regulations, including without limitation Subpart K Channel
Signal standards. With respect to Signal quality, Grantee shall not be required
to carry an Access Channel in a higher quality format than that of the Channel
Signal delivered to Grantee, but Grantee shall distribute the Access Channel
Signal without degradation. There shall be no restriction on Grantee's
technology used to deploy and deliver Access Channel Signals so long as the
requirements of this Agreement are otherwise met. Grantee shall carry PEG
Access Channels in a manner that produces a Signal quality for the Subscriber
that is comparable and functionally equivalent to the highest quality format
available for local broadcast HD Channels carried on the Cable System. In the
event the Grantor believes and provides evidence that Grantee fails to meet
this standard, Grantor will notify Grantee of such concern, and Grantee will
respond to any complaints in a timely manner. Disputes under this Section 9.4
shall be addressed through the Franchise enforcement procedures set forth in
Section 15. Upon reasonable written request by a DAP, Grantee shall verify
that Access Channel Signal delivery to Subscribers is consistent with the
requirements of this Section 9.4.
9.5
Relocation of Access Channels
Grantee shall continue to cablecast all Programming on the Cable System on
the same Channel designations as such Programming is currently cablecast in
the Franchise Area as set forth in Section 9.2. If at any time during the duration
of this Agreement, Grantee is required by federal regulations to reassign the
location of an Access Channel on its Cable System, Grantee shall provide at
least sixty (60) days’ advance notice to the Grantor and the DAP(s), and
Grantee shall place the Access Channels within reasonable proximity from the
Channel location for local broadcast stations. Grantee shall also make "best
efforts" to assign the HD PEG Access Channel a number near the other HD
local broadcast stations if such Channel positions are not already taken, or if
that is not possible, near HD news/public affairs Programming Channels if such
Channel positions are not already taken, or if not possible, as reasonably close
as available Channel numbering will allow. Grantee shall ensure that
Subscribers are notified of such reassignment in accordance with FCC notice
requirements or any Grantor customer service standards that include its
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customer messaging function, for at least fifteen (15) days prior to the change
and fifteen (15) days after the change. In conjunction with any reassignment of
any Access Channels, Grantee shall provide either (1) a reimbursement up to
Seven Thousand Five Hundred Dollars ($7,500) to the Grantors collectively or
the Commission for actual costs associated with the change, or (2) Fifteen
Thousand Dollars ($15,000) of in-kind airtime on advertiser supported
Channels to the Grantors collectively or the Commission for the purpose of
airing multiple thirty (30) second public service announcements produced by
the DAP. The Grantor shall cooperate with the DAP and Grantee for such
airing. All reimbursement, whether in cash or in-kind, shall be paid or provided
on a per-event basis, regardless of the number of Channels affected by the
change.
9.6
Access Interconnections
The Grantee shall, at Grantee's expense and free of charge to the Grantor and
any DAP, maintain for the duration of this Agreement any and all existing
Interconnections of Access Channels with contiguous Cable Systems owned
by the Grantee as of the Effective Date of this Agreement, in order to receive
from and deliver to the DAP's headend, via the Grantee's Headend, all the
Access Channels required by this Agreement and originating by the Grantor or
its designee.
9.7
9.8
Origination Points
(A)
The existing Origination Points listed in Attachment B will remain
available, at the expense of Grantee, for use by the DAP to enable the
distribution of PEG Access Programming on the Cable System during the
term of this Agreement.
(B)
Additional permanent Origination Points requested by the Grantor or
DAP in writing shall be provided by Grantee as soon as reasonably
possible, but not longer than one hundred eighty (180) days, at the
expense of Grantor or DAP. Such costs may be paid for from the PEG
capital fee in Section 13.
(C)
There shall be no charge to the Grantor, to the Commission, to any
other DAP, or to any other Person for the use of the Upstream Capacity
from the program origination locations described in this Section, so long
as the transmissions are designed for re-routing and distribution on any
PEG Channel(s).
Changes in Technology
In the event Grantee makes any change in the Cable System and related
equipment and facilities or in Grantee's Signal delivery technology, which
directly or indirectly affects the Signal quality or transmission of Access
services or Programming or requires Grantor to obtain new equipment in order
to be compatible with such change for purposes of transport and delivery of
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any Access Channels (SD or HD), Grantee shall, at its own expense and free
of charge to Grantor and DAP, take necessary technical steps or provide
necessary technical assistance, including the purchase or acquisition and
maintenance of all necessary equipment, and training of Grantor's Access
personnel, to ensure that the capabilities of Access services are not diminished
or adversely affected by such change.
9.9
Technical Quality
The Grantee shall maintain all Upstream and Downstream Access services,
Programming and Interconnections at the same level of technical quality and
reliability required by this Agreement and all other applicable laws, rules and
regulations. Grantee shall throughout the term of this Agreement provide
routine maintenance and shall repair and replace all transmission equipment,
including, but not limited to, transmitters/receivers, associated cable and
equipment necessary to carry a quality Signal to and from Demarcation at
Grantor's or DAP's facilities.
9.10
PEG Access Program Listings On Cable System's Digital Channel Guide
Throughout the term of this Agreement, Grantee shall allow and continually
assist Grantor or the DAP in making satisfactory arrangements with Grantee’s
Channel guide vendor to make detailed Programming listings available on the
Electronic Program Guide. The Grantor or DAP will be solely responsible for
providing the program information to the vendor in the format and timing
required by the vendor and shall bear all costs of this guide service.
SECTION 10. GENERAL STREET USE AND CONSTRUCTION
10.1
Construction
(A)
Notwithstanding any other provision of this Agreement, Grantee shall
comply with all Grantor codes, ordinances, resolutions, rules or
regulations relating to use of the Streets and/or Public Rights of Way
(“ROW Codes”) that are applicable to Cable Systems. The provisions of
this Section 10 shall apply only (i) if Grantor has no ROW Codes
applicable to Cable Systems; or (ii) to the extent the provisions are not
inconsistent with Grantor’s ROW Codes.
(B)
Subject to applicable laws, regulations and ordinances of Grantor and
the provisions of this Agreement, Grantee may perform all construction
and maintenance necessary for the operation of its Cable System to
provide Cable Service. All construction and maintenance of any and all
facilities within the Public Rights of Way incident to Grantee's Cable
System shall, regardless of who performs the construction, be and
remain Grantee's responsibility. Except as permitted in Section 10.1(E),
prior to performing any construction or maintenance in the Public Rights
of Way, Grantee shall apply for, and obtain, all required permits.
Grantee shall pay, prior to issuance, all applicable fees of the requisite
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construction permits and give appropriate notices to any other Cable
Operators, franchisees, licensees or permittees of the Grantor, or other
units of government owning or maintaining pipes, wires, conduits or
other facilities which may be affected by the proposed excavation.
10.2
(C)
All construction shall be performed in compliance with this Agreement,
all applicable Grantor ordinances and codes, and any permit issued by
the Grantor. When obtaining a permit, Grantee shall inquire in writing
about other construction currently in progress, planned or proposed, in
order to investigate thoroughly all opportunities for joint trenching or
boring. Whenever it is possible and reasonably practicable to joint
trench or share bores or cuts, Grantee shall work with other Cable
Operators, franchisees, licensees and permittees so as to reduce as far
as possible the number of Street cuts.
(D)
Grantor shall have the right to inspect all construction or installation
work performed within the Franchise Area as it shall find necessary to
ensure compliance with the terms of this Agreement, other applicable
provisions of law, and any permit issued by the Grantor.
(E)
In the event that emergency repairs are necessary, Grantee shall
immediately notify the City of the need for such repairs. Grantee may
initiate such emergency repairs, and shall apply for appropriate permits
as soon as reasonably practicable but in no event later than forty-eight
(48) hours after discovery of the emergency. Grantee shall comply with
all applicable City regulations relating to such excavations or
construction, including the payment of permit or license fees. As used in
this subsection, “emergency” means a circumstance in which immediate
work is necessary to restore lost service or prevent immediate harm to
persons or property.
(F)
Whenever reasonably possible, to avoid additional wear and tear on the
Public Rights of Way, Grantee shall utilize existing poles and conduit.
Notwithstanding the foregoing, this Agreement does not grant, give or
convey to the Grantee the right or privilege to install its facilities in any
manner on specific utility poles or equipment of the Grantor or any other
Person without their permission.
Location of Facilities
Grantee shall comply with the requirements of Oregon Utility Notification
Center, ORS 757.542-757.562 and ORS 757.993, and applicable rules and
regulations promulgated thereunder in OAR Chapter 952 relating to Oregon
Utility Notification Center.
10.3
Relocation
(A)
Relocation for Grantor.
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(1)
Upon at least thirty (30) days’ notice, Grantor shall have the right
to require Grantee to change the location of any part of
Grantee's Cable System within the Public Rights of Way when
the public convenience requires such change, and the expense
thereof shall be paid by Grantee (however payment by Grantee
shall in no way limit Grantee's right, if any, to seek
reimbursement for such costs from any third party). Should
Grantee fail to remove or relocate any such facilities by the date
established by Grantor, Grantor may effect such removal or
relocation, and the expense thereof shall be paid by Grantee,
including all costs and expenses incurred by Grantor due to
Grantee's delay, within forty-five (45) days of receipt of an
invoice. If Grantor requires Grantee to relocate its facilities
located within the Public Rights of Way, Grantor shall make a
reasonable effort to provide Grantee with an alternate location
within the Public Rights of Way.
(2)
If public funds, which Grantor received, are available to any
other user of the Public Rights of Way (except for Grantor) for
the purpose of defraying the cost of relocating or removing
facilities and Grantee relocates or removes its facilities as
required by Grantor under this Agreement, the Grantor shall
notify Grantee of such funding and will consider reimbursing
Grantee for such costs to the extent permitted or allowed by the
funding source or applicable state law and to the extent other
users of the Public Rights of Way are provided such funds.
(B)
Relocation by Grantor. The Grantor may remove, replace, modify or
disconnect Grantee's facilities and equipment located in the Public
Right of Way or on any other property of the Grantor in the case of fire,
disaster, or other emergency, provided that Grantor shall be responsible
for any damage to Grantee's facilities as a result of Grantor's
negligence or gross negligence in performing work under this Section.
The Grantor shall attempt to provide notice to Grantee prior to taking
such action and shall, when feasible, provide Grantee with the
opportunity to perform such action.
(C)
Movement for Other Franchise Holders. If any removal, replacement,
modification or disconnection is required to accommodate the
construction, operation or repair of the facilities or equipment of another
Franchise holder or licensee, Grantee shall, after at least thirty (30)
days' advance written notice, take action to effect the necessary
changes requested by the responsible entity. Grantee and such other
Franchise holder shall determine how costs associated with the removal
or relocation required herein shall be allocated.
(D)
Movement for Other Permittees. At the request of any Person holding a
valid permit and upon reasonable advance notice, Grantee shall
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temporarily raise, lower or remove its wires as necessary to permit the
moving of a building, vehicle, equipment or other item. The permit
holder must pay the expense of such temporary changes, and Grantee
may require the permit holder to pay the full amount in advance.
10.4
Restoration of Public Rights of Way
Whenever Grantee excavates, damages, or disturbs the surface of any Public
Right of Way for any purpose, including but not limited to relocation or
undergrounding as required in this Section, Grantee shall promptly restore the
Public Right of Way to the satisfaction of the Grantor in accordance with
applicable Grantor ordinances and codes and any permit issued by the
Grantor. In the event there is no applicable ordinance, code or permit, Grantee
shall promptly restore the Public Right of Way to at least its prior condition.
Unless otherwise provided in any permit issued by Grantor, when any opening
is made by Grantee in a hard surface pavement in any Public Right of Way,
Grantee shall refill the opening within twenty-four (24) hours. Grantee shall be
responsible for restoration and maintenance of the Public Right of Way and its
surface affected by the excavation in accordance with applicable regulations of
the Grantor. Grantor may, after providing notice to Grantee, or without notice
where the disturbance or damage may create a risk to public health or safety,
refill or repave any opening made by Grantee in the Public Rights of Way, and
the expense thereof shall be paid by Grantee. Grantor may, after providing
notice to Grantee, remove and/or repair any work done by Grantee that, in the
determination of Grantor, is inadequate. The cost thereof, including the costs of
inspection and supervision, shall be paid by Grantee. Within thirty (30) days of
receipt of an itemized list of those costs, including the costs of labor, materials
and equipment, the Grantee shall pay the Grantor. All excavations made by
Grantee in the Public Rights of Way shall be properly safeguarded for the
prevention of accidents. All of Grantee's work under this Agreement, and this
Section in particular, shall be done in strict compliance with all rules,
regulations and ordinances of Grantor and applicable state and federal laws.
10.5
10.6
Maintenance and Workmanship
(A)
Grantee's Cable System shall be constructed and maintained in such
manner as not to interfere with sewers, water pipes, or any other
property of Grantor, or with any other pipes, poles, wires, conduits,
pedestals, structures, equipment or other facilities that may have been
laid in the Public Rights of Way by, or under, Grantor's authority.
(B)
Grantee shall maintain and use the Cable System so as to prevent
injury to Grantor's property or property belonging to any Person.
Grantee, at its own expense, shall repair, change and improve its
facilities to keep them in good repair, and safe and presentable
condition.
Reservation of Grantor Public Rights of Way
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Nothing in this Agreement shall prevent Grantor or utilities owned, maintained
or operated by public entities other than Grantor, from constructing sewers;
grading, paving, repairing or altering any Public Right of Way; repairing or
removing water mains; or constructing or establishing any other public work or
improvement. All such work shall be done, insofar as practicable, so as not to
obstruct, injure or prevent the use and operation of Grantee's Cable System.
However, if any of Grantee's Cable System interferes with the construction or
repair of any Public Right of Way or public improvement, including construction,
repair or removal of a sewer or water main or any other public work, Grantee's
Cable System shall be removed or replaced in the manner Grantor shall direct,
and Grantor shall in no event be liable for any damage to any portion of
Grantee's Cable System. Any and all such removal or replacement shall be at
the expense of Grantee. Should Grantee fail to remove, adjust or relocate its
facilities by the date established by Grantor's written notice to Grantee, Grantor
may effect such removal, adjustment or relocation, and the expense thereof
shall be paid by Grantee, including all reasonable costs and expenses incurred
by Grantor due to Grantee's delay within forty-five (45) days of receipt of an
invoice.
10.7
Use of Conduits by Grantor
Upon sixty (60) days’ notice, and with Grantee’s concurrence, Grantor may
install or affix and maintain wires and equipment owned by Grantor for
governmental purposes in or upon any and all of Grantee's ducts, conduits or
equipment in the Public Rights of Way and other public places without charge
to Grantor, to the extent space therein or thereon is reasonably available and
feasible without compromising the integrity of the Cable System or facility and
Grantee’s future use thereof, and pursuant to all applicable ordinances and
codes. For the purposes of this Section 10.7, "governmental purposes"
includes, but is not limited to, the use of the structures and installations by
Grantor for fire, police, traffic, water, telephone, or signal systems, but not for
Cable System purposes or provision of services in competition with Grantee.
Grantee shall not deduct the value of such use of its facilities from its Franchise
fees payable to Grantor except as otherwise may be expressly authorized by
federal law.
10.8
Public Rights of Way Vacation
If any Public Right of Way or portion thereof used by Grantee is vacated by
Grantor during the term of this Agreement, unless Grantor specifically reserves
to Grantee the right to continue its installation in the vacated Public Right of
Way, Grantee shall, without delay or expense to Grantor, remove its facilities
from such Public Right of Way, and restore, repair or reconstruct the Public
Right of Way where such removal has occurred, and place the Public Right of
Way in such condition as may be required by Grantor. In the event of failure,
neglect or refusal of Grantee, after thirty (30) days' notice by Grantor, to
restore, repair or reconstruct such Public Right of Way, Grantor may do such
work or cause it to be done, and the reasonable cost thereof, as found and
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declared by Grantor, shall be paid by Grantee within thirty (30) days of receipt
of an invoice.
10.9
Discontinuing Use of Facilities
Whenever Grantee intends to discontinue using any facility within the Public
Rights of Way, Grantee shall submit for Grantor's approval a complete
description of the facility and the date on which Grantee intends to discontinue
using the facility. Grantee may remove the facility or request that Grantor allow
it to remain in place. Notwithstanding Grantee's request that any such facility
remain in place, Grantor may require Grantee to remove the facility from the
Public Rights of Way or modify the facility to protect the public health, welfare,
safety, and convenience, or otherwise serve the public interest. Grantor may
require Grantee to perform a combination of modification and removal of the
facility. Grantee shall complete such removal or modification in accordance
with a reasonable schedule set by Grantor. Until such time as Grantee
removes or modifies the facility as directed by Grantor, or until the rights to and
responsibility for the facility are accepted by another Person having authority to
construct and maintain such facility, Grantee shall be responsible for all
necessary repairs and relocations of the facility, as well as maintenance of the
Public Rights of Way, in the same manner and degree as if the facility were in
active use, and Grantee shall retain all liability for such facility.
10.10 Hazardous Substances
(A)
Grantee shall comply with all applicable local, state and federal laws,
statutes, regulations and orders concerning hazardous substances
relating to Grantee's Cable System in the Public Rights of Way.
(B)
Grantee shall maintain and inspect its Cable System located in the
Public Rights of Way. Upon reasonable notice to Grantee, Grantor may
inspect Grantee's facilities in the Public Rights of Way to determine if
any release of hazardous substances has occurred, or may occur, from
or related to Grantee's Cable System. In removing or modifying
Grantee's facilities as provided in this Agreement, Grantee shall also
remove all residue of hazardous substances related thereto.
(C)
Grantee agrees to forever indemnify the Grantor, its officers, boards,
commissions, duly authorized agents, and employees, from and against
any claims, costs and expenses of any kind, pursuant to and in
accordance with applicable state or federal laws, rules and regulations,
for the removal or remediation of any leaks, spills, contamination or
residues of hazardous substances attributable to Grantee's Cable
System in the Public Rights of Way.
10.11 Undergrounding of Cable
(A)
Where existing telecommunications or electric utility lines are installed
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underground at the time of Cable System construction all Cable System
lines or wiring and equipment shall also be placed underground on a
nondiscriminatory basis with other utility lines at no additional expense
to the Grantor or Subscribers, except as provided in subsection (C) of
this Section 10.11.
(B)
Where utility lines are subsequently placed underground pursuant to a
statute, ordinance, policy, or other regulation or order of an individual
Grantor or Commission, all Cable System lines or wiring and equipment
shall also be placed underground on a nondiscriminatory basis with
other utility lines at no additional expense to the Grantor or Subscribers,
except as provided in subsection (C) of this Section 10.11.
(C)
Cable System equipment such as pedestals must be placed in
accordance with applicable code requirements and underground utility
rules; provided, however, nothing in this Agreement shall be construed
to require Grantee to construct, operate, or maintain underground any
ground-mounted appurtenances such as customer taps, line extenders,
system passive devices, amplifiers, pedestals, power supplies, or other
related equipment where the Grantor has authorized above-ground
placement.
(D)
In areas where telecommunications and electric utility wiring is aerial,
the Grantee may install aerial cable, except when a property owner or
resident requests underground installation and agrees to bear the
reasonable additional cost in excess of aerial installation.
(E)
For purposes of this Section 10.11, "utility lines" and "utility wiring" does
not include high voltage electric lines, which are electric lines used for
transmission of electric energy at nominal voltages in excess of thirtyfive thousand (35,000) volts.
10.12 Tree Trimming
Subject to acquiring prior written permission of the Grantor, including any
required permit, the Grantee shall have the authority to trim trees that overhang
a Public Right of Way of the Grantor so as to prevent the branches of such
trees from coming in contact with its Cable System, in accordance with
applicable codes and regulations and current, accepted professional tree
trimming practices.
10.13 Construction, Building and Zoning Codes
Grantee shall strictly adhere to all applicable construction, building and zoning
codes currently or hereafter in effect. Grantee shall arrange its lines, cables
and other appurtenances, on both public and private property, in such a
manner as to not cause unreasonable interference with the use of said public
or private property by any Person. In the event of such interference, Grantor
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may require the removal or relocation of Grantee's lines, cables, and other
appurtenances, at Grantee's cost, from the property in question.
10.14 Standards
(A)
All work authorized and required hereunder shall be done in a safe,
thorough and workmanlike manner. The Grantee must comply with all
safety requirements, rules, and practices and employ all necessary
devices as required by applicable law during construction, operation
and repair of its Cable System. By way of illustration and not limitation,
the Grantee must comply with applicable provisions of the National
Electrical Code, National Electrical Safety Code and Occupational
Safety and Health Administration (OSHA) Standards.
(B)
Grantee shall ensure that individual Cable System drops are properly
bonded to the electrical power ground at the home at time of
installation, and are consistent, in all respects, with applicable
provisions of the National Electrical Code and the National Electrical
Safety Code. All non-conforming or non-performing drops shall be
repaired or replaced by Grantee as necessary.
SECTION 11. SYSTEM DESIGN AND STANDARDS
11.1
11.2
Subscriber Network
(A)
As of the Effective Date of this Franchise, the Cable System utilizes a
fiber to the node and fiber to the premise architecture. Throughout the
term of this Agreement, all active electronics will be 750 MHz capable
equipment, or equipment of higher bandwidth.
(B)
The Cable System shall be two-way capable and able to support twoway high speed cable modem service via the Cable System. Passive
devices will pass a minimum bandwidth of 750MHz.
(C)
The Cable System shall be capable of delivering at least 200 Channels
including but not limited to digital music and video on demand to
Subscribers.
(D)
The Grantor may review the system performance, Capacity and
services offered to ensure the system keeps pace with changes in
technology and is at least comparable to other systems in the Portland
Metropolitan area.
(E)
Grantee's Subscriber network shall, at all times, meet or exceed the
minimum system design and performance standards and specifications
required by the FCC.
Test and Compliance Procedures
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Grantee shall be responsible for ensuring that its Cable System is designed,
installed, and operated in a manner that fully complies with applicable FCC
technical standards, including but not limited to 47 C.F.R. §76.640, and/or other
applicable FCC standards as amended. Grantee shall conduct and document
testing of the Cable System on a regular basis to determine compliance with
applicable FCC technical standards, including tests for digital Signal quality at
every new Subscriber installation. Grantor may, by written request, require
Grantee to perform tests to demonstrate compliance with this Section.
Representatives of Grantor may witness tests, and written test reports shall be
made available to Grantor upon request.
11.3
Standby Power
(A)
Grantee shall provide standby power generating capacity at the Cable
System Headend capable of providing at least twelve (12) hours of
emergency operation. Grantee shall maintain standby power system
supplies, to the node, rated for at least four (4) hours duration. In
addition, throughout the term of this Agreement, Grantee shall have a
plan in place, along with all resources necessary for implementing such
plan, for dealing with outages of more than four (4) hours.
(B)
Grantee shall continue to utilize status monitoring of the Cable System
which can continually monitor the system for signal quality on the
forward and return spectrums of the System. In addition, the Grantee
shall maintain status monitoring for all power supplies in its headend(s)
and hub(s) as well as the distribution system.
(C)
Status monitoring shall be capable of notifying the Grantee 24/7 of
system problems including utility power outages that will negatively
affect its customers.
SECTION 12. INSTITUTIONAL NETWORK SERVICES
12.1
History
Grantee has constructed and provided managed network services through an
institutional network known as the Public Communications Network ("PCN").
The PCN was provided by the Grantee to the Grantor and the Grantorauthorized Users of the PCN, including public agencies/Schools, public
universities, Pacific University, and the Virginia Garcia Health Centers, or their
successor agencies ("PCN Users"). Grantor and Grantee have agreed that the
managed services for PCN Users shall continue to be provided by Grantee's
Metro-E network ("Managed Services").
12.2
Grantee Responsible for Providing Institutional Network Service
(A)
Grantee or an Affiliate shall be fully responsible for and at all times shall
operate, repair, maintain, manage and ensure provision of the Managed
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Services to all eligible PCN Users through a Master Services
Agreement or similar agreement comparable to, or more favorable to
PCN Users than, Grantee’s or its Affiliate’s standard agreement for
government customers, which agreement shall be subject to Grantor’s
approval, and with rates consistent with or better than the Rate Card
attached hereto as Attachment C (collectively the "MSA") and the
provisions of this Section 12. The parties agree that regardless of
whether Grantee or an Affiliate provides the Managed Services, these
Managed Services comprise an institutional network required under this
Agreement as authorized by Section 611 of the Cable Act, and Grantee
is ultimately responsible for the provision, operation and management of
the Managed Services pursuant to the MSA. During the term of this
Agreement, Grantee shall not terminate nor legally challenge the
requirement to provide the Managed Services as provided in the MSA.
(B)
12.3
Should any designated Affiliate of the Grantee be unable or unwilling to
provide the Managed Services described in this Section and the MSA,
the parties agree that Grantee is fully and unconditionally responsible
for continued provision of the Managed Services, including the
assumption of responsibilities of PCN User contracts and the MSA.
Master Services Agreement
Subject to the transition plan set forth in Section 12.4 below, Grantee, or its
Affiliate, shall at all times provide the Managed Services to PCN Users in
accordance with an executed MSA. Where the MSA conflicts with any term or
condition of this Agreement, the MSA shall prevail. If Grantor or any PCN User
terminates in any manner the Managed Services provided under its MSA prior
to the expiration date of this Agreement, such termination shall not affect any
other rights or obligations under this Agreement or obligate Grantee to provide
any other managed network or institutional network services to Grantor or any
PCN User. Notwithstanding any other provision of this Section, the Grantor and
Grantee acknowledge that, during the term of this Agreement, amendments to
the MSA and/or associated Rate Card may be warranted and the parties agree
to negotiate in good faith to reach agreement on amendments requested by
Grantor, Grantee (or its Affiliate), or PCN Users that are beneficial to or, at a
minimum, not detrimental to, PCN Users.
12.4
Transition to New Master Services Agreement
Until Grantee has transitioned PCN Users to a new MSA as provided in this
subsection (A), Grantee shall continue providing PCN services to PCN Users
under the agreed upon terms and conditions in effect prior to the Effective
Date. Grantee shall offer PCN Users the opportunity to sign the MSA no later
than January 1, 2027.
12.5
Breach of the Master Services Agreement
The parties intend that day-to-day issues regarding the provision of Managed
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Services shall be addressed and resolved with reference solely to the MSA. If
there is a sustained and ongoing material failure by the Grantee, or its Affiliate,
to provide the Managed Services pursuant to the terms of the MSA, such
failure may be deemed a breach of this Agreement and shall be subject to the
fines and procedures set forth in Section 15 of this Agreement. All other
breaches of the MSA shall be subject to the remedies set forth in the MSA.
12.6
Grantor/User Meetings
Grantee and any Affiliate providing the Managed Services agree to meet at
least once annually with the members of the Broadband Users Group ("BUG")
or its successor organization, to discuss planned improvements or changes to
the Managed Services provided under the MSA, and to hear the comments and
concerns of the BUG.
12.7
Annual Report to Grantor
Each calendar year of this agreement, upon request, Grantee shall provide
Grantor, within forty-five (45) days of the request, with a report listing each PCN
User site under the MSA, along with that site's address and the level of service
provided at that site.
12.8
Security
Grantee agrees to abide by all privacy and security requirements in applicable
state and federal laws and regulations with respect to Managed Services
provided for in this Section 12.
SECTION 13. PEG ACCESS AND PCN GRANT FUND
Grantee shall support the continued viability of Institutional Network and PEG Access
Programming, through the following funding:
13.1
Fund Payments
Beginning on the first day of the first month that falls at least thirty (30) days
after the date all Grantor jurisdictions have approved this Agreement, and
throughout the term of this Agreement, Grantee agrees to pay Grantor one and
three quarters percent (1.75%) of Gross Revenue annually to support the
Capital equipment and facility needs of PEG Access and the Grantor PCN
institutional network, which funds shall be used in accordance with applicable
federal law. Nothing in this Section 13 shall be viewed as a waiver of Grantor's
rights to use the funds provided to Grantor in this Section 13.1 for any lawful
purpose permitted under applicable federal law. Grantee shall make such
payments Quarterly, following the Effective Date of this Agreement, for the
preceding Quarter ending March 31, June 30, September 30, and December
31. Each payment shall be due and payable no later than forty-five (45) days
after the end of each Quarter.
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13.2
13.3
Annual Grant Award Report
(A)
Grantor shall provide a report annually to the Grantee on the use of the
funds provided by to the Grantor under this Section. Reports shall be
submitted to the Grantee within one hundred twenty (120) days of the
close of Grantor's fiscal year.
(B)
Grantee may reasonably review Records of the Grantor (and of the
DAP) related to the use of funds in such reports to confirm that funds
are used in accordance with federal law and this Agreement. Grantee
will notify the Grantor in writing at least thirty (30) days prior to the date
of such a review and identify the relevant financial Records of Grantor
(and the DAP) that Grantee wants to review. The time period of the
review shall be for the fund payments received no more than thirty-six
(36) months prior to the date the Grantee notifies Grantor of its intent to
perform a review. The Grantor shall make such Records available for
inspection and copying during normal business hours at the office of the
Grantor (or the DAP).
PEG Access Not Franchise Fees
(A)
Grantee agrees that financial support for PEG Access and the PCN,
and all other Grantee PEG and PCN obligations set forth in this
Agreement, shall in no way modify or otherwise affect Grantee's
obligations to pay Franchise fees to Grantor. Grantee agrees that
although the sum of Franchise fee and the payments set forth in this
Section may total more than five percent (5%) of Grantee's Gross
Revenues in any twelve (12) month period, the additional commitments
shall not be offset or otherwise credited in any way against any past,
present or future Franchise fee payments under this Agreement so long
as such fees are used in a manner consistent with this Agreement and
federal law.
(B)
Grantor recognizes Franchise fees and certain additional commitments
are external costs as defined under the FCC rate regulations in force at
the time of adoption of this Agreement and Grantee has the right and
ability to include Franchise fees and certain other commitments that are
not included in Franchise fees on the bills of cable Subscribers (47
C.F.R. § 76.922).
SECTION 14. SERVICE EXTENSION, CONSTRUCTION, AND INTERCONNECTION
14.1
Equivalent Service
It is Grantee's general policy that all residential dwelling units in the Franchise
Area have equivalent availability to Cable Service from Grantee's Cable
System under nondiscriminatory rates and reasonable terms and conditions,
subject to federal law. Grantee shall not arbitrarily refuse to provide Cable
Service to any Person within its Franchise Area.
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14.2
Service Availability
(A)
Service to New Subdivisions. Grantee shall provide Cable Service in
new subdivisions upon the earlier of either of the following occurrences:
(1) Within sixty (60) days of the time when foundations have been
installed in fifty (50) percent of the dwelling units in any individual
subdivision; or (2) Within thirty (30) days following a request from a
resident. For purposes of this Section, a receipt shall be deemed to be
made on the signing of a service agreement, receipt of funds by the
Grantee, receipt of a written request by Grantee, or receipt by Grantee
of a verified verbal request.
(B)
Grantee shall provide such Cable Service:
(1)
With no line extension charge except as specifically authorized
elsewhere in this Agreement.
(2)
At a nondiscriminatory installation charge for a standard
installation, consisting of a drop no longer than one hundred
twenty five (125) feet, with additional charges for non-standard
installations computed according to a nondiscriminatory
methodology for such installations, adopted by Grantee and
provided in writing to Grantor; and at nondiscriminatory monthly
rates for residential Subscribers, subject to federal law.
(C)
Required Extensions of Service. Whenever the Grantee shall receive a
request for service from a potential Subscriber where there are at least
six (6) dwelling units within one thousand three hundred twenty (1,320)
cable-bearing strand feet (one-quarter cable mile) for aerial plant, and
ten (10) dwelling units within one thousand three hundred twenty
(1,320) cable-bearing strand feet (one-quarter cable mile) for
underground plant, measured from the nearest trunk or distribution
cable capable of supporting the additional distance, it shall extend its
Cable System to the potential Subscriber(s) at no cost to the potential
Subscriber(s) other than the usual connection fees for all customers,
within ninety (90) days of receipt of the request for service except for
circumstances beyond Grantee’s control.
(D)
Customer Charges for Extensions of Service. No potential Subscriber
shall be refused service arbitrarily. However, for any dwelling unit that
does not meet the density requirement in Section 14.2(C), Grantee shall
have no obligation to provide Cable Service absent a Subscriber
commitment to pay a portion of actual construction costs incurred
consistent with the formula below. For the purpose of determining the
amount of capital contribution in aid of construction to be borne by the
Grantee and Subscribers in the area in which service may be extended,
the Grantee shall contribute an amount equal to the construction and
other costs per mile, multiplied by a fraction whose numerator equals
the actual number of dwelling units per one thousand three hundred
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twenty (1,320) cable-bearing strand feet of its trunk or distribution cable
and whose denominator equals six (6) or ten (10), as applicable.
Subscribers who request service hereunder will bear the remainder of
the actual construction and other costs on a pro rata basis. The
Grantee may require that the payment of the capital contribution in aid
of construction borne by potential Subscribers be paid in advance.
(E)
14.3
Enforcement. Failure to meet these standards shall subject Grantee to
enforcement actions on a per Subscriber basis in Section 15.
Connection of Public Facilities
(A)
The parties acknowledge that as of the Effective Date of this Franchise,
Grantee continues to provide one (1) outlet of Basic Service and limited
Basic Service, or its reasonable equivalent (“Complimentary Services”)
to certain Schools, libraries, and public buildings within the Franchise
Area, and Grantee shall continue to provide these Complimentary
Services throughout the term of this Franchise. Those portions of
buildings housing prison/jail populations shall be excluded from this
requirement. In addition, Grantee agrees to provide, at no cost, one (1)
outlet of Basic Service and limited Basic Service (or its functional
equivalent) Programming to all such future public buildings if the drop
line to such building does not exceed one hundred and twenty five (125)
cable feet or if Grantor or other agency agrees to pay the incremental
cost of such drop line in excess of one hundred twenty five (125) feet,
including the cost of such excess labor and materials. Outlets of Basic
Service and limited Basic Service (or its functional equivalent)
Programming provided in accordance with this subsection may be used
to distribute Cable Service throughout such buildings, provided such
distribution can be accomplished without causing Cable System
disruption and general technical standards are maintained. Cost for any
additional outlets shall be the responsibility of Grantor.
(B)
In the event Grantee believes the Complimentary Services are
considered “franchise fees” subject to the five percent cap set forth in
47 U.S.C. § 542(b) and intends to include the costs in its Franchise fee
calculation, the parties shall follow the procedure set forth in Section
3.8(B).
(C)
The Grantor shall have the right, at any time, to discontinue the receipt
of all or a portion of the Complimentary Services provided by the
Grantee in the event Grantee elects to include the costs in its Franchise
fee payment Grantee’s marginal cost to provide the Complimentary
Services as set forth in the preceding paragraph.
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SECTION 15. FRANCHISE VIOLATIONS; REVOCATION OF FRANCHISE
15.1
Procedure for Remedying Franchise Violations
(A)
If Grantor believes that Grantee has failed to perform any obligation
under this Agreement or has failed to perform in a timely manner,
Grantor shall notify Grantee in writing, stating with reasonable specificity
the nature of the alleged violation.
(B)
Upon receipt of notice, Grantee shall have thirty (30) calendar days
from the date of receipt of such notice to:
(1)
Respond to Grantor, contesting Grantor's assertion that a
violation has occurred, and requesting a hearing in accordance
with subsection (E) below;
(2)
Cure the violation; or
(3)
Notify Grantor that Grantee cannot cure the violation within the
thirty (30) days, and notify the Grantor in writing of what steps
the Grantee shall take to cure the violation, including the
Grantee's projected completion date for such cure. In such case,
Grantor shall set a hearing date within thirty (30) days of receipt
of such response in accordance with subsection (C) below.
(C)
In the event that the Grantee notifies the Grantor that it cannot cure the
violation within the thirty (30) day cure period, Grantor shall, within thirty
(30) days of Grantor's receipt of such notice, set a hearing. At the
hearing, Grantor shall review and determine whether the Grantee has
taken reasonable steps to cure the violation and whether the Grantee's
proposed plan and completion date for cure are reasonable.
Notwithstanding the foregoing, in the event the parties mutually agree,
prior to the public hearing required in this subsection (C), that Grantee’s
plan and completion date are reasonable, the same may be approved
by the Grantor without a hearing. The Grantor may waive all or part of
the fines for such extended cure period in accordance with the criteria
set forth in subsection (G) below.
(D)
In the event that the Grantee fails to cure the violation within the thirty
(30) day basic cure period, or within an extended cure period approved
by the Grantor pursuant to subsection (C), the Grantor shall set a
hearing to determine what fines, if any, shall be applied.
(E)
In the event that the Grantee contests the Grantor's assertion that a
violation has occurred, and requests a hearing in accordance with
subsection (B)(1) above, the Grantor shall set a hearing within sixty (60)
days of the Grantor's receipt of the hearing request to determine
whether the violation has occurred, and if a violation is found, what fines
shall be applied.
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(F)
In the case of any hearing pursuant to this Section, Grantor shall notify
Grantee of the hearing in writing and at the hearing, Grantee shall be
provided an opportunity to be heard, examine Grantor's witnesses, and
to present evidence in its defense. The Grantor may also hear any other
Person interested in the subject, and may provide additional hearing
procedures as Grantor deems appropriate.
(G)
The fines set forth in Section 15.2 of this Agreement may be reduced at
the discretion of the Grantor, taking into consideration the nature,
circumstances, extent and gravity of the violation as reflected by one or
more of the following factors:
(H)
15.2
(1)
Whether the violation was unintentional;
(2)
The nature of the harm which resulted;
(3)
Whether there is a history of prior violations of the same or other
requirements;
(4)
Whether there is a history of overall compliance; and/or
(5)
Whether the violation was voluntarily disclosed, admitted or
cured.
If, after the hearing, Grantor determines that a violation exists, Grantor
may use one or more of the following remedies:
(1)
Order Grantee to correct or remedy the violation within a
reasonable time frame as Grantor shall determine;
(2)
Establish the amount of fine set forth in Section 15.2, taking into
consideration the criteria provided for in subsection (G) of this
Section as appropriate in Grantor's discretion;
(3)
Revoke this Agreement; and/or
(4)
Pursue any other legal or equitable remedy available under this
Agreement or any applicable law.
(I)
Fines shall not be imposed in an amount in excess of seventy-five
thousand dollars ($75,000) for the Grantors collectively within any
twelve (12) month consecutive period.
(J)
The determination as to whether a violation of this Agreement has
occurred shall be within the sole discretion of the Grantor or its
designee, provided that any such final determination shall be subject to
review by a court of competent jurisdiction under applicable law.
Fines
(A)
Failure to comply with provisions of this Agreement may result in injury
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to Grantor. Grantor and Grantee recognize it will be difficult to
accurately estimate the extent of such injury. Therefore, the financial
penalty provisions of this Agreement are intended as a reasonable
forecast of compensation to the Grantors collectively for the harm
caused by violation of this Agreement, including but not limited to
administrative expense, legal fees, publication of notices, and holding of
a hearing or hearings as provided herein.
(1)
For violating aggregate performance telephone answering
standards for a Quarterly measurement period:
(a)
$10,000 for the first such violation;
(b)
$20,000 for the second such violation, unless the
violation has been cured;
(c)
$30,000 for any and all subsequent violations, unless the
violation has been cured;
A cure is defined as meeting the Subscriber telephone
answering standards for two (2) consecutive Quarterly
measurement periods;
(B)
(2)
For violation of applicable Subscriber service standards where
violations are not measured in terms of aggregate performance
standards: $750 per violation, per day;
(3)
For all other violations of this Agreement, except as otherwise
provided herein: $750/day for each violation for each day the
violation continues.
(4)
For purposes of subsections (2) and (3) of this Section 15.2(A),
the date of violation will be the date of the event and not the date
Grantee receives notice of the violation.
The fines set forth in Section 15.2(A) may be reduced at the sole
discretion of the Grantor, taking into consideration the nature,
circumstances, extent and gravity of violation as reflected by one or more
of the following factors:
(1)
Whether the violation was unintentional;
(2)
The nature of the harm which resulted;
(3)
Whether there is a history of prior violations of the same or other
requirements;
(4)
Whether there is a history of overall compliance; and/or
(5)
Whether the violation was voluntarily disclosed, admitted or
cured.
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(C)
15.3
Collection of Fines. The collection of fines by the Grantor shall in no
respect affect:
(1)
Compensation owed to Subscribers;
(2)
The Grantee's obligation to comply with all of the provisions of
this Agreement or applicable law; or
(3)
Other remedies available to the Grantors provided, however,
that collection of fines shall be the exclusive remedy for the
Grantors for the particular incident or for the particular time
period for which fines are imposed other than reasonable
attorney fees and costs, if applicable. If the violation continues
beyond the particular time period, Grantor shall have the right to
pursue other remedies under this Agreement.
Revocation
(A)
Should Grantor seek to revoke the Franchise after following the
procedures set forth in Section 15.1, Grantor shall give written notice to
Grantee of its intent. The notice shall set forth the exact nature of the
noncompliance. Grantee shall have ninety (90) days from such notice to
object in writing and to state its reasons for such objection. In the event
Grantor has not received a satisfactory response from Grantee, it may
then seek termination of the Franchise at a public hearing. Grantor shall
cause to be served upon Grantee, at least thirty (30) days prior to such
public hearing, a written notice specifying the time and place of such
hearing and stating its intent to revoke the Franchise.
(B)
At the designated hearing, Grantee shall be provided a fair opportunity
for full participation, and both Grantee and Grantor shall have the right
to be represented by legal counsel, to introduce relevant evidence, to
require the production of evidence, to compel the relevant testimony of
the officials, agents, employees or consultants of the other party, to
compel the testimony of other persons as permitted by law, and to
question and/or cross examine witnesses. Grantee may request, prior to
the hearing, that Grantor provide a complete verbatim record and
transcript of such hearing, which shall be at Grantee’s cost.
(C)
Following the public hearing, Grantee shall be provided up to thirty (30)
days to submit its proposed findings and conclusions in writing and
thereafter Grantor shall determine (i) whether such event of default is
excusable; and (ii) whether such event of default has been cured or will
be cured by Grantee. Grantor shall also determine whether to revoke
the Franchise based on the information presented, or, where applicable,
grant additional time to Grantee to effect any cure. If Grantor
determines that the Franchise shall be revoked, Grantor shall promptly
provide Grantee with a written decision setting forth its reasoning.
Grantee may appeal such determination of Grantor to an appropriate
court, which shall have the power to review the decision of Grantor.
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Grantee shall be entitled to such relief as the court finds appropriate.
Such appeal must be taken within sixty (60) days of Grantee's receipt of
the determination of the Grantor.
(D)
15.4
Relationship of Remedies
(A)
(B)
15.5
15.6
Grantor may, at its sole discretion, take any lawful action which it deems
appropriate to enforce Grantor's rights under the Agreement in lieu of
revocation of the Franchise.
Remedies are Non-exclusive. The remedies provided for in this
Agreement are cumulative and not exclusive; the exercise of one
remedy shall not prevent the exercise of another remedy, or the
exercise of any rights of the Grantor at law or equity. The collection of
fines by Grantor shall in no respect affect:
(1)
Refunds or credits owed to Subscribers; or
(2)
Grantee's obligation to comply with the provisions of this
Agreement or applicable law.
No Election of Remedies. Without limitation, the withdrawal of amounts
from the Grantee's performance bond, or the recovery of amounts
under the insurance, indemnity or penalty provisions of this Agreement,
shall not be construed as any of the following: an election of remedies;
a limit on the liability of Grantee under the Agreement for fines or
otherwise, except as provided in Section 15.2; or an excuse of faithful
performance by Grantee.
Removal
(A)
In the event of termination, expiration or revocation of this Agreement,
Grantor may order the removal of the Cable System facilities from the
Franchise Area at Grantee's sole expense within a reasonable period of
time as determined by Grantor. In removing its plant, structures and
equipment, Grantee shall refill, at its own expense, any excavation that
is made by it and shall leave all Public Rights of Way, public places and
private property in as good a condition as that prevailing prior to
Grantee's removal of its plant, structures and equipment.
(B)
If Grantee fails to complete any required removal to the satisfaction of
Grantor, Grantor may cause the work to be done and Grantee shall
reimburse Grantor for the costs incurred within thirty (30) days after
receipt of an itemized list of the costs and Grantor may recover the
costs through the Performance Bond provided by Grantee.
Receivership and Foreclosure Grantor and Grantee acknowledge that the
following paragraphs are subject to the jurisdiction of the bankruptcy court.
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(A)
(B)
15.7
At the option of Grantor, subject to applicable law, this Agreement may
be revoked one hundred twenty (120) days after the appointment of a
receiver or trustee to take over and conduct the business of Grantee
whether in a receivership, reorganization, bankruptcy or other action or
proceeding unless:
(1)
The receivership or trusteeship is vacated within one hundred
twenty (120) days of appointment; or
(2)
The receiver(s) or trustee(s) have, within one hundred twenty
(120) days after their election or appointment, fully complied with
all the terms and provisions of this Agreement and have
remedied all violations under the Agreement. Additionally, the
receiver(s) or trustee(s) shall have executed an agreement duly
approved by the court having jurisdiction, by which the
receiver(s) or trustee(s) assume and agree to be bound by each
and every term and provision of this Agreement.
If there is a foreclosure or other involuntary sale of the whole or any part
of the plant, property and equipment of Grantee, Grantor may serve
notice of revocation on Grantee and to the purchaser at the sale, and
the rights and privileges of Grantee under this Agreement shall be
revoked thirty (30) days after service of such notice, unless:
(1)
Grantor has approved the transfer of this Agreement, in
accordance with the procedures set forth in this Agreement and
as provided by law; and
(2)
The purchaser has agreed with Grantor to assume and be
bound by all of the terms and conditions of this Agreement.
No Recourse Against Grantor
Grantee shall not have any monetary recourse against Grantor or its officials,
boards, commissions, agents or employees for any loss, costs, expenses or
damages arising out of any provision or requirement of this Agreement or the
enforcement thereof, in accordance with the provisions of applicable federal,
state and local law. The rights of the Grantor under this Agreement are in
addition to, and shall not be read to limit, any rights or immunities the Grantor
may enjoy under federal, state or local law. However, under current federal law,
Grantee does have the right to seek injunctive and declaratory relief.
15.8
Nonenforcement By Grantor
Grantee is not relieved of its obligation to comply with any of the provisions of
this Agreement by reason of any failure of Grantor to enforce prompt
compliance. Grantor's forbearance or failure to enforce any provision of this
Agreement shall not serve as a basis to stop any subsequent enforcement. The
failure of the Grantor on one or more occasions to exercise a right or to require
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compliance or performance under this Agreement or any applicable law shall
not be deemed to constitute a waiver of such right or a waiver of compliance or
performance, unless such right has been specifically waived in writing by the
Grantor. Any waiver of a violation is not a waiver of any other violation, whether
similar or different from that waived.
SECTION 16. ABANDONMENT
16.1
Effect of Abandonment
If the Grantee abandons its System during the Franchise term, or fails to
operate its Cable System in accordance with its duty to provide continuous
service, the Grantor, at its option, may operate the Cable System; designate
another entity to operate the Cable System temporarily until the Grantee
restores service under conditions acceptable to the Grantor or until this
Agreement is revoked and a new grantee is selected by the Grantor; or obtain
an injunction requiring the Grantee to continue operations. If the Grantor is
required to operate or designate another entity to operate the Cable System,
the Grantee shall reimburse the Grantor or its designee for all costs, expenses
and damages incurred.
16.2
What Constitutes Abandonment
The Grantor shall be entitled to exercise its options and obtain any required
injunctive relief pursuant to Section 16.1 if:
(A)
The Grantee fails to provide Cable Service in accordance with this
Agreement to the Franchise Area for ninety-six (96) consecutive hours,
unless the Grantor authorizes a longer interruption of service, except if
such failure to provide service is due to a force majeure occurrence, as
described in Section 4.7; or
(B)
The Grantee, for any period, willfully and without cause refuses to
provide Cable Service in accordance with this Agreement.
SECTION 17. FRANCHISE RENEWAL AND TRANSFER
17.1
Renewal
(A)
The Grantor and Grantee agree that any proceedings undertaken by
the Grantor that relate to the renewal of Grantee's Agreement shall be
governed by and comply with the provisions of the Cable Act (47 U.S.C.
§ 546), unless the procedures and substantive protections set forth
therein shall be deemed to be preempted and superseded by the
provisions of any subsequent provision of federal or state law.
(B)
In addition to the procedures set forth in the Cable Act, the Grantor
agrees to notify Grantee of the completion of its assessments regarding
the identification of future cable related community needs and interests,
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as well as the past performance of Grantee under the then current
Franchise term. Notwithstanding anything to the contrary set forth
herein, Grantee and Grantor agree that at any time during the term of
the then current Agreement, while affording the public adequate notice
and opportunity for comment, the Grantor and Grantee may agree to
undertake and finalize negotiations regarding renewal of the then
current Agreement and the Grantor may grant a renewal thereof.
Grantee and Grantor consider the terms set forth in this Section to be
consistent with the express provisions of the Cable Act.
17.2
Transfer of Ownership or Control
(A)
The Cable System and this Agreement shall not be sold, assigned,
transferred, leased, or disposed of, either in whole or in part, either by
involuntary sale or by voluntary sale, merger, or consolidation, nor shall
title thereto, either legal or equitable, or any right, interest, or property
therein pass to or vest in any Person or entity (hereinafter, “Transfer”),
without the prior written consent of the Grantor, which consent shall not
be unreasonably withheld.
(B)
The Grantee shall promptly notify the Grantor of any actual or proposed
change in, or transfer of, or acquisition by any other party of control of
the Grantee (hereinafter, “Change in Control”). The word "control" as
used herein is not limited to majority stockholders but includes actual
working control in whatever manner exercised. A rebuttable
presumption that a Change in Control has occurred shall arise on the
acquisition or accumulation by any Person or group of Persons of fiftyone percent (51%) of the shares or the general partnership interest in
the Grantee, except that this sentence shall not apply in the case of a
transfer to any Person or group already owning at least a fifty-one
percent (51%) interest of the shares or the general partnership interest
in the Grantee. Every Change in Control shall make this Agreement
subject to revocation unless and until the Grantor shall have consented
thereto.
(C)
The parties to the Transfer or Change in Control shall make a written
request to the Grantor for its approval of a Transfer or Change in
Control, and furnish all information required by law and the Grantor.
(D)
The Grantor shall render a final written decision on the request within
one hundred twenty (120) days of the request, provided it has received
all requested information. Subject to the foregoing, if the Grantor fails to
render a final decision on the request within one hundred twenty (120)
days, such request shall be deemed granted as required by federal law
unless the requesting party and the Grantor agree to an extension of
time.
(E)
Within thirty (30) days of any Transfer or Change in Control, if approved
or deemed granted by the Grantor, Grantee shall file with the Grantor a
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copy of the deed, agreement, lease or other written instrument
evidencing such Transfer or Change in Control, certified and sworn to
as correct by Grantee and the transferee.
(F)
In reviewing a request for Transfer or Change in Control, the Grantor
may inquire into the legal, technical and financial qualifications of the
prospective controlling party or transferee, and Grantee shall assist the
Grantor in so inquiring. The Grantor may condition said Transfer or
Change in Control upon such terms and conditions as it deems
reasonably appropriate, provided, however, any such terms and
conditions so attached shall be related to the legal, technical, and
financial qualifications of the prospective controlling party or transferee
and to the resolution of outstanding and unresolved issues of
noncompliance with the terms and conditions of this Agreement by
Grantee.
(G)
The consent or approval of the Grantor to any Transfer or Change in
Control by the Grantee shall not constitute a waiver or release of any
rights of the Grantor, and any Transfer or Change in Control shall, by its
terms, be expressly subordinate to the terms and conditions of this
Agreement.
(H)
Notwithstanding anything to the contrary in this Section, the prior
approval of the Grantor shall not be required for any sale, assignment or
transfer of the Agreement or Cable System to an entity controlling,
controlled by or under the same common control as Grantee, provided
that the proposed assignee or transferee must show financial
responsibility as may be determined necessary by the Grantor and must
agree in writing to comply with all provisions of the Agreement. No
consent shall be required for a transfer in trust, by mortgage, by other
hypothecation, by assignment of any rights, title, interest of Grantee in
the Franchise or Cable System in order to secure indebtedness.
SECTION 18. SEVERABILITY
If any Section, subsection, paragraph, term, or provision of this Agreement or any
ordinance, law, or document incorporated herein by reference is held by a court of
competent jurisdiction to be invalid, unconstitutional, or unenforceable, such holding
shall be confined in its operation to the Section, subsection, paragraph, term, or
provision directly involved in the controversy in which such holding shall have been
rendered, and shall not in any way affect the validity of any other Section, subsection,
paragraph, term, or provision hereof. Under such a circumstance, the Grantee shall,
upon the Grantor's request, meet and confer with the Grantor to consider amendments
to this Agreement. The purpose of the amendments shall be to place the parties, as
nearly as possible, in the position that they were in prior to such determination,
consistent with applicable law. In the event the parties are unable to agree to a
modification of this Agreement within sixty (60) days, either party may (1) seek
appropriate legal remedies to amend this Agreement, or (2) shorten this Agreement to
thirty-six (36) months, at which point either party may invoke the renewal procedures
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under 47 U.S.C. § 546. Each party agrees to participate in up to sixteen (16) hours of
negotiation during the sixty (60) day period.
SECTION 19. MISCELLANEOUS PROVISIONS
19.1
Preferential or Discriminatory Practices Prohibited
Grantee shall not discriminate in hiring, employment or promotion on the basis
of race, color, creed, ethnic or national origin, religion, age, sex, sexual
orientation, marital status, or physical or mental disability. Throughout the term
of this Agreement, Grantee shall fully comply with all equal employment or
nondiscrimination provisions and requirements of federal, state and local law
and, in particular, FCC rules and regulations relating thereto.
19.2
19.3
Dispute Resolution
(A)
The Grantor and Grantee agree that should a dispute arise between the
parties concerning any aspect of this Agreement that is not resolved by
mutual agreement of the parties, and unless either party believes in
good faith that injunctive relief is warranted, the dispute will be
submitted to mediated negotiation prior to any party commencing
litigation. In such event, the Grantor and Grantee agree to participate in
good faith in a non-binding mediation process. The mediator shall be
selected by mutual agreement of the parties. In the absence of such
mutual agreement, each party shall select a temporary mediator, and
those mediators shall jointly select a permanent mediator.
(B)
If the parties are unable to successfully conclude the mediation within
forty-five (45) days from the date of the selection of the mediator, either
party may terminate further mediation by sending written notice to the
other. After written notice has been received by the other party, either
party may pursue whatever legal remedies exist. All costs of the
mediator shall be borne equally by the parties and otherwise each party
shall bear their own costs associated with mediation.
Notices
(A)
Throughout the term of this Agreement, Grantee shall maintain and file
with Grantor a designated address for the service of notices by mail. A
copy of all notices from Grantor to Grantee shall be sent, postage
prepaid, to such address and such notices shall be effective upon the
date of mailing. For general day-to-day communications between the
parties, including reports and LFA notifications, electronic mail may be
used in lieu of notices sent by USPS or other delivery service. At the
Effective Date of this Agreement, such addresses shall be:
Comcast of Oregon, II, Inc.
Attn: Government Affairs
11308 SW 68th Parkway
Tigard, OR 97223
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With a copy to:
Comcast Cable
Attn.: Government Affairs Department
1701 JFK Blvd, 49th Floor
Philadelphia, PA 19103
(B)
All notices to be sent by Grantee to Grantor under this Agreement shall
be sent, postage prepaid, and such notices shall be effective upon the
date of mailing. For general day-to-day communications between the
parties, including reports and LFA notifications, electronic mail may be
used in lieu of notices sent by USPS or other delivery service. At the
Effective Date of this Agreement, such address shall be:
Metropolitan Area Communications Commission
15201 NW Greenbrier Parkway, C-1
Beaverton, OR 97006
19.4
Binding Effect
This Agreement shall be binding upon the parties hereto, their permitted
successors and assigns.
19.5
Authority to Amend
This Agreement may be amended at any time by written agreement between
the parties.
19.6
Governing Law
This Agreement shall be governed in all respects by the laws of the State of
Oregon.
19.7
Guarantee
The performance of the Grantee shall be guaranteed in all respects by Comcast
Cable Communications Management, LLC. A signed guarantee, in a form
acceptable to the Grantor, shall be filed with the Grantor prior to the Effective
Date hereof.
19.8
Captions
The captions and headings of this Agreement are for convenience and reference
purposes only and shall not affect in any way the meaning or interpretation of
any provisions of this Agreement.
19.9
Entire Agreement
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This Agreement, together with all appendices and attachments, contains the
entire agreement between the parties, supersedes all prior agreements or
proposals except as specifically set forth herein, and cannot be changed orally
but only by an instrument in writing executed by the parties.
19.10 Construction of Agreement
The provisions of this Agreement shall be liberally construed to promote the
public interest.
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.
COMCAST OF OREGON II, INC.
By: _________________________
Senior Vice President
Date: ________________
METROPOLITAN AREA COMMUNICATIONS COMMISSION
By: _________________________
Administrator
Date: ________________
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Page 138 of 224
Attachment A
COMMISSION FRANCHISE STATISTICS - QUARTERLY REPORT
Due By: April 15, July 15, October 15 and January 15
From:
To:
TELEPHONE ANSWERING ACTIVITY
1" Qtr Total
2°" Qtr Total
3 rn Qtr Total
4m Qtr Total
TOTAL CALLS ANS'D W/IN 30 SECS.
AVERAGE HOLD TIME (measured in
seconds)
% ANS W/IN 30 SECS.
%ABANDONED
% LINES AVAILABLE
SUBSCRIBERS
TOTAL SUBSCRIBERS
TOTAL DISCO's
TECH DISCO's
NON-PAY DISCO's
TECHNICAL ACTIVITY
SERVICE CALLS
OUTAGES
TOTAL TIME OUT FOR OUTAGES
AVERAGE DURATION OF OUTAGES
Equivalent Billing Unit: Commercial and bulk account revenues that may be adjusted below or above the standard (basic+ expanded) cable rate are
either counted as greater than a full subscriber or less than a full subscriber by dividing the actual revenues for bulk and commercial accounts by the
standard cable rate. Example: If an apartment unit is being charged 50% off the standard rate and there are 500 customers, the EBU number is 250.
Confidential and Proprietary- Comcast
Information is confidential under Oregon Public Records Law as it is a compilation of information which is not patented, which is known only to certain
individuals within the company and is used in the business it conducts, having actual or potential commercial value, and which gives its user an
opportunity to obtain a business advantage over competitors who do not know or use it
A-1
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COMPLAINT SUMMARY
20
—Q
COMMISSION TOTALS
Indicator City
Create Date
Details
Customer Name
Customer Address
Serv Addr Postal Cd
Total
GRAND TOTAL
All Information is property of Comcast Cable and deemed confidential and proprietary.
Complaints highlighted in yellow indicate non-video issues.
Comcast
TELEPHONE RESPONSE REPORT
Metropolitan Area Communications Commission (MACC) Quarterly Report
Q1 20__
Quarterly % <30
Billing
Sales
Video Repair
Retention
Spanish
Total
Service Level %
IVR
Billing
Sales
Video Repair
Retention
Spanish
Total
Billing
Qty Handled <30
Sales
Video Repair
Retention
Same structure
Total
Abandons
IVR
Billing
Sales
Video Repair
Retention
Spanish
Calls handled
Q_ 20__
A-2
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Attachment B
EXISTING LIVE ORIGINATION SITES
_________________________________________________________________________
Beaverton City Hall
12725 SW Millikan Way
Beaverton, OR 97005
Beaverton Police/Courts Headquarters
4755 SW Griffith Drive
Beaverton, OR 97076
Washington County Public Services Bldg.
155 N. First Ave.
Hillsboro, OR 97123
Hillsboro Civic Center
150 E. Main St.
Hillsboro, OR 97123
Lake Oswego City Hall
380 “A” Ave
Lake Oswego, OR 97034
Tigard City Hall
13125 SW Hall Blvd
Tigard, OR 97223
Forest Grove Auditorium
1915 Main St.
Forest Grove, OR 97116
Pacific University
2043 College Way
Forest Grove, OR 97116
West Linn City Hall
22500 Salamo Road
West Linn, OR 97068
West Linn-Wilsonville School District 3JT
22210 SW Stafford Road
Tualatin, OR 97062
B-1
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Clackamas Community College
19600 Molalla Avenue
Oregon City, OR 97045
Tualatin City Services
10699 SW Herman Road
Tualatin, OR 97062
King City City Hall
15300 SW 116th Avenue
King City, OR 97224
Cornelius City Hall
1355 N. Barlow Street
Cornelius, OR 97113
B-2
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Attachment C
PCN RATE CARD
C-1
Page 143 of 224
C-2
Page 144 of 224
C-3
Page 145 of 224
C-4
Page 146 of 224
C-5
Page 147 of 224
Page 148 of 224
Page 149 of 224
COMCAST CURRENT and PROPOSED FRANCHISE COMPARISON
Metropolitan Area Communications Commission
August 24, 2026
FRANCHISE
PROVISION
Term
CURRENT
FRANCHISE
§
PROPOSED
FRANCHISE
§
10 years
2.3
No change.
2.3
Comcast must abide by all
generally applicable Codes in
each member jurisdiction.
2.2
&
10
Retains the requirement to abide
by all generally applicable Codes,
and adds an express requirement
to comply with member
jurisdictions’ rights of way
ordinances, if applicable, rather
than the construction provisions of
the franchise to ensure that
Comcast follows the same right of
way requirements as other
providers where a member
jurisdiction has a right of way
ordinance.
2.2
&
10
5% of gross revenues
3.1
No change
3.1
Broad cable-service revenue
definition.
1.24
ROW AUTHORITY
Police Powers
and
Right of Way Use
FINANCE
Franchise fees
Gross Revenue
Definition
Retains the existing broad Gross
Revenue definition while
expressly including all amounts
comprising the FCC-required
aggregate video programming
price and clarifying that cable-only
fees may not be reduced through
bundled service allocation.
1.23
Page 150 of 224
2
FRANCHISE
PROVISION
CURRENT
FRANCHISE
§
PROPOSED
FRANCHISE
§
Audit authority
No more than once every 24
months. Comcast reimburses
reasonable costs up to
$15,000 when underpayment
is 4% or more.
3.6
Same 24-month frequency.
Reimbursement threshold
becomes 5%; cost increases to
$20,000.
3.6
Insurance Limits
General Liability: $3 million
Broadcasters Liab: $1 million
Auto BI/PD:
$2 million
Employers Liab: $2 million
5.1
General Liability:
Auto BI/PD:
Employers Liab:
5.1
Five TVCTV channels: 21, 23,
28, 30, and West Linn 30.
9.2
$3 million
$3 million
$3 million
Broadcasters Liability is now
addressed through general
liability.
PEG
PROGRAMMING
PEG Channels
Two regional PEG channels
are carried: CAN (11) and
PCC (27). A side agreement
provides the potential to
discontinue these channels if
all other metro areas systems
do so.
Five TVCTV channels: 21, 23, 28,
30, and West Linn 30.
9.2
The regional channel CAN (11) is
relinquished if Comcast chooses
to stop providing it in the MACC
service area. A side agreement
continues to provide the potential
to discontinue the PCC (27)
channel if all other metro areas
systems do so.
Page 151 of 224
3
FRANCHISE
PROVISION
CURRENT
FRANCHISE
§
PROPOSED
FRANCHISE
PEG/PCN Fee
$0.80 per subscriber per month.
9.7
1.75% of Gross Revenue.
Replaces the fixed per subscriber
fee with a percentage-based fee,
tying PEG/PCN capital funding to
Comcast’s cable revenue rather
than solely to the number of
subscribers.
13
HD Channels
2 HD channels
n/a
All five TVCTV channels in HD,
implemented 120 days after
written request.
9.4
PEG Origination
Points
Maintains existing upstream
links, interconnections, and
listed origination points. Some
additional sites were required
during the term.
9.8
Maintains existing upstream links,
interconnections, and listed
origination points; new points may
be requested at MACC/TVCTV
expense.
9.7
Customer Service
Provides comprehensive,
locally negotiated customer
service standards covering
telephone response,
installations and repairs,
outage credits, billing,
complaint resolution,
subscriber notices, and
performance reporting.
Attc.
A
Streamlines the requirements by
incorporating current FCC
customer service standards,
including answering 90% of calls
within 30 seconds and completing
95% of standard installations
within seven business days. It
also preserves the Grantor’s
authority to establish stronger
local standards.
6
Fines
Telephone answering: Failure
to meet standard –
$10,000 1st violation;
$20,000 2nd violation;
$30,000 3rd violation
15
Telephone answering: Failure to
meet standard –
$10,000 1st violation;
$20,000 2nd violation;
$30,000 3rd violation
15
§
Other Violations: $250/day
Other Violations: $750/day
Capped at $75,000 within any
12 month consecutive period.
Capped at $75,000 within any 12
month consecutive period.
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4
FRANCHISE
PROVISION
Institutional
Network (PCN)
CURRENT
FRANCHISE
Comcast or affiliate provides
managed services; Comcast
remains fully responsible. MSA
and rate card were fixed
attachments.
§
12
&
Attc.
D
PROPOSED
FRANCHISE
§
Comcast remains ultimately
responsible. Allows OMNIA or
another comparable standard
government agreement, subject to
MACC approval and franchiserate card pricing or better.
12
&
Attc.
C
Existing service continues during
transition. Eligible PCN users
must be offered the new MSA and
rates by January 1, 2027.
Related side letter includes
member jurisdiction PCN Grant
eligibility for qualifying Comcast
managed network services.
Page 153 of 224
Comcast Cable Franchise
Questions and Answers
Prepared by MACC
August 2026
Q1:
What is MACC?
A:
Your jurisdiction is a member of the Metropolitan Area Communications Commission – a fifteen
member intergovernmental entity formed pursuant to ORS Chapter 190. MACC was created in 1980
to provide a centralized agency to prepare for, negotiate and administer cable television franchises.
On behalf of the member jurisdictions, in accordance with its Intergovernmental Agreement (IGA),
MACC provides the daily management of the Comcast cable franchise, including:
• Finance – Franchise fee collection, audits, insurance and bonds
• Centralized Customer Service Regulation – all complaint calls should come to MACC
• TVCTV’s Public and Government Access programming services – a division of MACC
• General administration and compliance with Federal cable television franchising rules
• Coordination of the Public Communications Network (PCN)
Q2:
How does MACC operate?
A:
Each member jurisdiction is an equal partner in MACC. Jurisdictions appoint a MACC
Commissioner who participates, reviews and recommends new and renewed cable television
franchises along with other administrative tasks. When MACC recommends a cable franchise, the
MACC IGA requires that every member jurisdiction approve the franchise in order to make it
effective. Each MACC jurisdiction, from the smallest (Gaston) to the largest (Washington County)
has one vote.
Q3:
How are cable television franchise negotiations different than other negotiations?
A:
Incumbent Cable Operators, such as Comcast, have the right to renew their franchise through
negotiation if they have timely requested renewal pursuant to Federal law. Federal law establishes a
renewal process that begins as early as three years before a franchise expires and includes specific
steps for evaluating community needs and the operator’s performance.
By conducting the process jointly through MACC, the 15 member jurisdictions can share the cost of
the legal, technical, financial, and community-needs work required for renewal. MACC began the
current renewal process in 2022, conducted surveys and community-needs work during 2023 and
2024, and continued negotiations with Comcast through 2026.
Q4:
What benefits does the renewed Comcast franchise provide my jurisdiction?
A:
The primary benefits are financial, reduced-cost connectivity and customer service regulation:
• The 5% franchise fee paid by Comcast provides approximately $3.3 million to the member
jurisdictions each year. The Franchise provides for continued fee review and audit functions by
MACC.
• PCN service costs are reduced, with the flexibility to benefit from future rate reductions.
• Public meeting coverage through TVCTV is secured, and all five TVCTV channels are upgraded
to High Definition (HD).
Page 154 of 224
•
•
The PEG/PCN fee changes from 80 cents per subscriber per month to 1.75% of gross revenues,
allowing funding to better reflect changes in Comcast’s cable revenue and ensure adequate
support for PEG/PCN needs throughout the franchise term.
Complimentary TV service will still be provided to public buildings.
Q5:
What is non-negotiable in a cable television franchise?
A:
Federal Law restricts local governments from negotiating:
• Rates for service or equipment.
• Programming – either including or excluding any particular channel.
• The type of technology a cable operator uses to transmit its signals.
• Franchise provisions regarding Comcast’s telecommunications services.
• The amount of the franchise fee is capped under the Cable Act at 5% of Gross Revenue.
Q6:
When will the new Franchise be effective?
A:
Once MACC certifies that all 15 MACC jurisdictions have approved the new Comcast agreement,
the franchise will be retroactively effective back to July 1, 2026.
For additional questions about the renewal process, contact Jonathan Kaufman, MACC Interim
Administrator at 503-645-7365 x215 or at [email protected]. MACC’s website is at:
www.maccor.org
Page 155 of 224
STAFF REPORT TO CITY COUNCIL
TO: City Council
FROM: Dan Riordan, Senior Planner
CC: Jesse VanderZanden, City Manager, Kim Ezell, Assistant City Manager
MEETING DATE: September 14, 2026
SUBJECT TITLE: Resolution for an Intergovernmental Agreement with Oregon Department of
Land Conservation and Development for Grant Funding Needed to
Complete a Contextualized Housing Need and Housing Capacity Analysis
ACTION REQUESTED:
Ordinance
Order
X Resolution
Motion
Informational
2040 VISION PLAN
•
•
•
Action 2.1: Conduct community engagement to understand desired housing growth including types
and location of housing.
Action 2.2: Address rent burden in the community by expanding opportunities for affordable housing
development.
Action 2.8: Update the City’s Comprehensive Plan.
BACKGROUND
The Oregon Department of Land Conservation and Development manages a grant assistance
program to assist local governments with housing related planning activities including preparing a
Contextualized Housing Need (CHN) and Housing Capacity Analysis (HCA). The CHN and HCA are
requirements of the Oregon land use planning program.
In August 2025, the City applied for DLCD grant funding for consulting assistance needed to prepare
the HCA. In October 2025, DLCD notified the City that the grant funding request was approved.
DLCD prepared an intergovernmental agreement (IGA) to formalize the scope of work for preparing
the CHN and HCA. The IGA as finalized in August 2026. The IGA includes a statement of work
identifying project tasks and work products. The attached resolution for City Council approval
authorizes the City Manager to sign the IGA on the City’s behalf.
The CHN and HCA is a planning document that includes:
•
•
•
•
A statement for contextualizing local housing needs
Short- and long-term housing production targets prepared by the Oregon Department of Housing and
Community Services
Updated residential buildable land inventory, and
Development ready land inventory.
City of Forest Grove | P.O. Box 326 | Forest Grove, OR 97116 | 503-992-3200 | forestgrove-or.gov
Page 156 of 224
P a g e |2
The local housing production targets are compared to the amount of land identified in the buildable
and development ready residential to determine if there is sufficient capacity in the Forest Grove
planning area inside the urban growth boundary to meet anticipated residential development
demand.
A CHN and HCA is adopted by City Council by ordinance as an appendix to the City’s comprehensive
plan. The data contained in the CHN and HCA provides a basis for local decisions related to the
zoning of land and development standards guiding residential development such as required
development density. The CHN and HCA also provides a factual basis for preparing a subsequent
Housing Production Strategy that identifies specific local actions needed to encourage residential
development consistent with the City’s housing production targets prepared by the state.
A project advisory committee will guide preparation of the CHN and HCA and will provide input to
ensure that the data analyses in the HCA reflects local housing needs and residential development
trends. Members of the committee include City Councilor Falconer, Planning Commission members
Nicole Ellis and David Anderson, local housing market rate and affordable housing developers, and a
staff member from Centro Cultural.
FISCAL IMPACT
Approval of the resolution has no direct fiscal impact on the City other than staff time needed to
support the project. Under the terms of the IGA no state funding will be provided to the City. DLCD
will pay the project consultant directly for services performed.
RECOMMENDATION
Staff recommends that the City Council approve the attached resolution authorizing the City Manager
to sign the IGA with DLCD on the City’s behalf.
ATTACHMENT
•
Resolution approving the HCA Intergovernmental agreement between the Oregon Department
of Land Conservation and Development the City of Forest Grove
o Attachment A: Intergovernmental Agreement
Page 157 of 224
RESOLUTION NO. 2026-42
RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
INTERGOVERNMENTAL AGREEMENT (IGA) BETWEEN THE OREGON
DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT AND CITY OF
FOREST GROVE FOR GRANT FUNDING NEEDED TO COMPLETE A
CONTEXTUALIZED HOUSING NEED AND HOUSING CAPACITY ANALYSIS
WHEREAS, the Oregon Department of Land Conservation and Development
(DLCD) manages a grant program to assist local governments with housing related
planning activities including preparing a Contextualized Housing Need (CHN) and
Housing Capacity Analysis (HCA); and
WHEREAS, local adoption of a CHN and HCA is a requirement of the Oregon
land use planning program; and
WHEREAS, on August 8, 2025, the City applied for a DLCD housing planning
assistance grant for funding consulting assistance needed to complete the CHN and
HCA; and
WHEREAS, on October 2, 2025, DLCD notified the City that the City’s grant
funding request was approved; and
WHEREAS, an intergovernmental agreement between DLCD and the City is
necessary to formalize the grant funding award; and
WHEREAS, the parties have the authority to enter into intergovernmental
agreements pursuant to ORS Chapter 190.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF FOREST GROVE AS
FOLLOWS:
Section 1. The City Council hereby authorizes the City Manager to sign the
Intergovernmental Agreement with Oregon Department of Land Conservation and
Development (Attachment A).
Section 2.
City Council.
This resolution is effective immediately upon its enactment by the
PRESENTED AND PASSED this 14th day of September, 2026.
____________________________________
Mariah S. Woods, City Recorder
APPROVED by the Mayor this 14th day of September, 2026.
____________________________________
Malynda H. Wenzl, Mayor
Page 158 of 224
DLCD IGA #25063 – City of Forest Grove – Contextualized Housing Need and Housing
Capacity Analysis
EXHIBIT A
INTERGOVERNMENTAL AGREEMENT
City of Forest Grove | Contextualized Housing Need and Housing
Capacity Analysis
This intergovernmental agreement (“Agreement”) is between the State of Oregon acting by and
through its Department of Land Conservation and Development (“DLCD” or “Agency”) and
the City of Forest Grove (“Local Government” or “City”), each a “Party” and, together, the
“Parties”.
SECTION 1: AUTHORITY
This Agreement is authorized by ORS 190.110.
SECTION 2: PURPOSE
Housing Capacity Analysis
The purpose of this Agreement is to prepare a Housing Capacity Analysis (“HCA”), including
hearings-ready draft comprehensive plan amendments, as described in ORS 197A.350 or
197A.335.
State funds for this project are paid by and through Agency to a professional consultant
“Consultant” contracted to complete the project on behalf of the Local Government, as
further described in the attached Statement of Work. No funds will be provided to the Local
Government under this Agreement for any expenses incurred by the Local Government.
SECTION 3: EFFECTIVE DATE AND DURATION
This Agreement is effective on the date of the last signature (“Effective Date”), and terminates
on June 30, 2027, unless terminated earlier in accordance with Section 16.
SECTION 4: AUTHORIZED REPRESENTATIVES
4.1 Agency’s Authorized Representative:
Jena Hughes, Housing and Growth Management Analyst
Telephone: (971) 718-1528
Email: [email protected]
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4.2 Local Government’s Authorized Representative:
Daniel Riordan, Senior Planner
1924 Council Street, P.O. Box 326
Forest Grove, OR 97116
Phone: (503) 992-3226
Email: [email protected]
4.3 A Party may designate a new Authorized Representative by written notice to the other Party.
SECTION 5: RESPONSIBILITIES OF EACH PARTY
5.1 Local Government shall perform the work set forth on Exhibit A, attached hereto and
incorporated herein by this reference.
SECTION 6: COMPENSATION
6.1 Each Party shall assume its own costs of carrying out the tasks and responsibilities assigned
to it under this Agreement. Under no circumstances is the Local Government responsible for
payment of costs incurred under the contract between DLCD and the Consultant contracted
to complete the project on behalf of the Local Government.
SECTION 7: REPRESENTATIONS AND WARRANTIES
Local Government represents and warrants to Agency that:
7.1 Local Government is a city duly organized and validly existing. Local Government has the
power and authority to enter into and perform this Agreement;
7.2 The making and performance by Local Government of this Agreement (a) have been duly
authorized by Local Government, (b) do not and will not violate any provision of any
applicable law, rule, regulation, or order of any court, regulatory commission, board, or other
administrative agency or any provision of Local Government’s charter or other
organizational document and (c) do not and will not result in the breach of, or constitute a
default or require any consent under any other agreement or instrument to which Local
Government is party or by which Local Government may be bound or affected. No
authorization, consent, license, approval of, or filing or registration with or notification to any
governmental body or regulatory or supervisory authority is required for the execution,
delivery or performance by Local Government of this Agreement, other than those that have
already been obtained; and
7.3 This Agreement has been duly executed and delivered by Local Government and constitutes
a legal, valid and binding obligation of Local Government enforceable in accordance with its
terms.
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SECTION 8: GOVERNING LAW, CONSENT TO JURISDICTION
8.1 This Agreement shall be governed by and construed in accordance with the laws of the State
of Oregon without regard to principles of conflicts of law. Any claim, action, suit or
proceeding (collectively “Claim”) between Agency or any other agency or department of the
State of Oregon, or both, and Local Government that arises from or relates to this Agreement
shall be brought and conducted solely and exclusively within the Circuit Court of Marion
County for the State of Oregon; provided, however, if a Claim must be brought in a federal
forum, then it shall be brought and conducted solely and exclusively within the United States
District Court for the District of Oregon. In no event shall this Section be construed as a
waiver by the State of Oregon of any form of defense or immunity, whether sovereign
immunity, governmental immunity, immunity based on the eleventh amendment to the
Constitution of the United States or otherwise, to or from any Claim or from the jurisdiction
of any court. LOCAL GOVERNMENT, BY EXECUTION OF THIS AGREEMENT, HEREBY
CONSENTS TO THE IN PERSONAM JURISDICTION OF SAID COURTS.
SECTION 9: INDEMNITY
9.1 Indemnity. Local Government shall defend (subject to ORS chapter 180), save, hold
harmless, and indemnify the State of Oregon, Agency, and their officers, employees, and
agents from and against all claims, suits, actions, losses, damages, liabilities, costs, and
expenses of any nature whatsoever, including reasonable attorneys’ fees resulting from,
arising out of, or relating to the activities of Local Government or its officers, employees,
contractors, subcontractors, or agents under this Agreement. Local Government shall
defend, save, hold harmless, and indemnify the State of Oregon and Agency and their officers,
employees and agents from and against all claims, suits, actions, losses, damages, liabilities,
costs and expenses of any nature whatsoever, including attorney’s fees, resulting from,
arising out of, or relating to the activities of Local Government or its officers, employees,
subcontractors, or agents under this agreements.
9.2 Indemnification by Subcontractors. Local Government shall take all reasonable steps to
cause its subcontractor(s) that are not units of Local Government as defined in ORS 190.003,
if any, to indemnify, defend, save and hold harmless the State of Oregon and its officers,
employees and agents ("Indemnitee") from and against any and all claims, actions, liabilities,
damages, losses, or expenses (including attorneys' fees) arising from a tort (as now or
hereafter defined in ORS 30.260) caused, or alleged to be caused, in whole or in part, by the
negligent or willful acts or omissions of Local Government's subcontractor or any of the
officers, agents, employees or subcontractors of the Local Government( "Claims"). It is the
specific intention of the parties that the Indemnitee shall, in all instances, except for Claims
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arising solely from the negligent or willful acts or omissions of the Indemnitee, be
indemnified by the Local Government from and against any and all Claims.
SECTION 10: CONTRIBUTION
10.1 If any third party makes any claim or brings any action, suit or proceeding alleging a tort as
now or hereafter defined in ORS 30.260 (a “Third Party Claim”) against a Party (the “Notified
Party”) with respect to which the other Party (the “Other Party”) may have liability, the
Notified Party shall promptly notify the Other Party in writing of the Third Party Claim and
deliver to the Other Party, along with the written notice, a copy of the claim, process and all
legal pleadings with respect to the Third Party Claim that have been received by the Notified
Party. Each Party is entitled to participate in the defense of a Third Party Claim, and to
defend a Third Party Claim with counsel of its own choosing. Receipt by the Other Party of
the notice and copies required in this Section and a meaningful opportunity for the Other
Party to participate in the investigation, defense and settlement of the Third Party Claim with
counsel of its own choosing are conditions precedent to the Other Party’s contribution
obligation under this Section 10 with respect to the Third Party Claim.
10.2 With respect to a Third Party Claim for which Agency is jointly liable with Local Government
(or would be if joined in the Third Party Claim ), Agency shall contribute to the amount of
expenses (including attorneys' fees), judgments, fines and amounts paid in settlement
actually and reasonably incurred and paid or payable by Local Government in such
proportion as is appropriate to reflect the relative fault of Agency on the one hand and of
Local Government on the other hand in connection with the events that resulted in such
expenses, judgments, fines or settlement amounts, as well as any other relevant equitable
considerations. The relative fault of Agency on the one hand and of Local Government on the
other hand shall be determined by reference to, among other things, the Parties' relative
intent, knowledge, access to information and opportunity to correct or prevent the
circumstances resulting in such expenses, judgments, fines or settlement amounts. Agency’s
contribution amount in any instance is capped to the same extent it would have been capped
under Oregon law if the State had sole liability in the proceeding.
10.3 With respect to a Third Party Claim for which Local Government is jointly liable with Agency
(or would be if joined in the Third Party Claim), Local Government shall contribute to the
amount of expenses (including attorneys' fees), judgments, fines and amounts paid in
settlement actually and reasonably incurred and paid or payable by Agency in such
proportion as is appropriate to reflect the relative fault of Local Government on the one hand
and of Agency on the other hand in connection with the events that resulted in such
expenses, judgments, fines or settlement amounts, as well as any other relevant equitable
considerations. The relative fault of Local Government on the one hand and of Agency on the
other hand shall be determined by reference to, among other things, the Parties' relative
intent, knowledge, access to information and opportunity to correct or prevent the
circumstances resulting in such expenses, judgments, fines or settlement amounts. Local
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Government’s contribution amount in any instance is capped to the same extent it would
have been capped under Oregon law if it had sole liability in the proceeding.
SECTION 11: LOCAL GOVERNMENT DEFAULT
Local Government will be in default under this Agreement upon the occurrence of any of the
following events:
11.1 Local Government fails to perform, observe or discharge any of its covenants, agreements or
obligations under this Agreement;
11.2 Any representation, warranty or statement made by Local Government in this Agreement or
in any documents or reports relied upon by Agency to measure the delivery of services, the
expenditure of funds or the performance by Local Government is untrue in any material
respect when made; or
11.3 A proceeding or case is commenced, without the application or consent of Local Government,
in any court of competent jurisdiction, seeking (a) the liquidation, dissolution or winding-up,
or the composition or readjustment of debts of Local Government, (b) the appointment of a
trustee, receiver, custodian, liquidator, or the like of Local Government or of all or any
substantial part of its assets, or (c) similar relief in respect to Local Government under any
law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or
adjustment of debts, and such proceeding or case continues undismissed, or an order,
judgment, or decree approving or ordering any of the foregoing is entered and continues
unstayed and in effect for a period of sixty consecutive days, or an order for relief against
Local Government is entered in an involuntary case under the Federal Bankruptcy Code (as
now or hereafter in effect).
SECTION 12: AGENCY DEFAULT
Agency will be in default under this Agreement if Agency fails to perform, observe or discharge
any of its covenants, agreements, or obligations under this Agreement.
SECTION 13: REMEDIES
13.1 In the event Local Government is in default under Section 11, Agency may, at its option,
pursue any or all of the remedies available to it under this Agreement and at law or in equity,
including, but not limited to: (a) termination of this Agreement under Section 16, or (b)
initiation of an action or proceeding for damages, specific performance, or declaratory or
injunctive relief. These remedies are cumulative to the extent the remedies are not
inconsistent, and Agency may pursue any remedy or remedies singly, collectively,
successively or in any order whatsoever.
13.2 In the event Agency is in default under Section 12 and whether or not Local Government
elects to exercise its right to terminate this Agreement under Section 16.3.3, or in the event
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Agency terminates this Agreement under Sections 16.2.1, 16.2.2, 16.2.3, or 16.2.5, in no event
will Agency be liable to Local Government for any expenses related to termination of this
Agreement or for anticipated profits.
13.3 Alternative Dispute Resolution. The Parties should attempt in good faith to resolve any
dispute arising out of this Agreement. This may be done at any management level, including
at a level higher than persons directly responsible for administration of the agreement. In
addition, the parties may agree to utilize a jointly selected mediator or arbitrator (for nonbinding arbitration) to resolve the dispute short of litigation.
SECTION 14: INSURANCE
14.1 Insurance. Local Government shall comply with ORS 656.017 and provide Workers’
Compensation insurance coverage for its subject workers as defined in ORS 656.027.
Additionally, Local Government shall maintain either self-insurance, commercial insurance,
or a combination of both providing liability coverage, and other types and amounts of
coverage necessary for insuring against: (i) any Third-Party Tort Claim and Non-Tort Claim
the Local Government is responsible for under Section 10: Contribution; and (ii) other
claims, suits, actions, losses, damages, liabilities, costs and expenses including attorney fees
arising from Local Government’s acts or omissions relating to this Agreement. Local
Government shall provide to the Agency certificate(s) of insurance verifying coverage,
including workers’ compensation insurance coverage, before commencing with any activities
under this Agreement.
14.2 Subcontractor Insurance (if applicable). Local Government shall require its
subcontractor(s) that are not units of local government as defined in ORS 190.003, if any, to
obtain insurance that is commensurate with a risk analysis of the work to be done in relation
to this agreement performed by Local Government. See also Section 28, Subcontracts.
SECTION 15: LIMITATION OF LIABILITY
EXCEPT FOR LIABILITY ARISING UNDER OR RELATED TO SECTION 10, NEITHER PARTY WILL BE
LIABLE FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER INDIRECT DAMAGES ARISING OUT OF OR
RELATED TO THIS AGREEMENT, REGARDLESS OF WHETHER THE LIABILITY CLAIM IS BASED IN
CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR
OTHERWISE. NEITHER PARTY WILL BE LIABLE FOR ANY DAMAGES OF ANY SORT ARISING
SOLELY FROM THE TERMINATION OF THIS AGREEMENT IN ACCORDANCE WITH ITS TERMS.
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SECTION 16: TERMINATION
16.1 This Agreement may be terminated at any time by mutual written consent of the Parties.
16.2 Agency may terminate this Agreement as follows:
16.2.1 Upon 30 days advance written notice to Local Government;
16.2.2 Immediately upon written notice to Local Government, if Agency fails to receive funding,
or appropriations, limitations or other expenditure authority at levels sufficient in
Agency’s reasonable administrative discretion, to perform its obligations under this
Agreement;
16.2.3 Immediately upon written notice to Local Government, if federal or state laws, rules,
regulations or guidelines are modified or interpreted in such a way that Agency’s
performance under this Agreement is prohibited or Agency is prohibited from paying for
such performance from the planned funding source;
16.2.4 Immediately upon written notice to Local Government, if Local Government is in default
under this Agreement and such default remains uncured 15 days after written notice
thereof to Local Government; or
16.2.5 As otherwise expressly provided in this Agreement.
16.3 Local Government may terminate this Agreement as follows:
16.3.1 Immediately upon written notice to Agency, if Local Government fails to receive funding,
or appropriations, limitations or other expenditure authority at levels sufficient in Local
Government’s reasonable administrative discretion, to perform its obligations under this
Agreement;
16.3.2 Immediately upon written notice to Agency, if federal or state laws, rules, regulations or
guidelines are modified or interpreted in such a way that Local Government’s
performance under this Agreement is prohibited or Local Government is prohibited from
paying for such performance from the planned funding source;
16.3.3 Immediately upon written notice to Agency, if Agency is in default under this Agreement
and such default remains uncured 15 days after written notice thereof to Agency; or
16.3.4 As otherwise expressly provided in this Agreement.
16.4 Upon receiving a notice of termination of this Agreement, Local Government will
immediately cease all activities under this Agreement, unless Agency expressly directs
otherwise in such notice. Upon termination, Local Government will deliver to Agency all
documents, information, works-in-progress, Work Product and other property that are or
would be deliverables under the Agreement. And upon Agency’s reasonable request, Local
Government will surrender all documents, research or objects or other tangible things
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needed to complete the work that was to have been performed by Local Government under
this Agreement.
SECTION 17: NONAPPROPRIATION
Agency’s obligation to perform its duties under this Agreement is conditioned upon Agency
receiving funding, appropriations, limitations, allotments, or other expenditure authority
sufficient to allow Agency, in the exercise of its reasonable administrative discretion, to meet its
obligations under this Agreement. Nothing in this Agreement may be construed as permitting
any violation of Article XI, section 7 of the Oregon Constitution or any other law limiting the
activities, liabilities or obligations of Agency.
SECTION 18: AMENDMENTS
The terms of this Agreement may not be altered, modified, supplemented or otherwise
amended, except by written agreement of the Parties.
SECTION 19: NOTICE
Except as otherwise expressly provided in this Agreement, any notices to be given relating to
this Agreement must be given in writing by facsimile, email, personal delivery, or postage
prepaid mail, to a Party’s Authorized Representative at the physical address, fax number or
email address set forth in this Agreement, or to such other addresses as either Party may
indicate pursuant to this Section 19. Any notice so addressed and mailed becomes effective five
(5) days after mailing. Any notice given by personal delivery becomes effective when actually
delivered. Any notice given by email becomes effective upon the sender’s receipt of
confirmation generated by the recipient’s email system that the notice has been received by the
recipient’s email system. Any notice given by facsimile becomes effective upon electronic
confirmation of successful transmission to the designated fax number.
SECTION 20: SURVIVAL
All rights and obligations of the Parties under this Agreement will cease upon termination of
this Agreement, other than the rights and obligations arising under Sections 8, 9, 10, 14, 15 and
20 hereof and those rights and obligations that by their express terms survive termination of
this Agreement; provided, however, that termination of this Agreement will not prejudice any
rights or obligations accrued to the Parties under this Agreement prior to termination.
SECTION 21: SEVERABILITY
The Parties agree that if any term or provision of this Agreement is declared by a court of
competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining
terms and provisions will not be affected, and the rights and obligations of the Parties will be
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construed and enforced as if the Agreement did not contain the particular term or provision
held to be invalid.
SECTION 22: COUNTERPARTS
This Agreement may be executed in several counterparts, all of which when taken together
shall constitute one agreement, notwithstanding that all Parties are not signatories to the same
counterpart. Each copy of the Agreement so executed constitutes an original.
SECTION 23: COMPLIANCE WITH LAW
In connection with their activities under this Agreement, the Parties shall comply with all
applicable federal, state and local law.
SECTION 24: INDEPENDENT CONTRACTORS
The Parties agree and acknowledge that their relationship is that of independent contracting
parties and that Local Government is not an officer, employee, or agent of the State of Oregon as
those terms are used in ORS 30.265 or otherwise.
SECTION 25: INTENDED BENEFICIARIES
Agency and Local Government are the only parties to this Agreement and are the only parties
entitled to enforce its terms. Nothing in this Agreement provides, is intended to provide, or may
be construed to provide any direct or indirect benefit or right to third persons unless such third
persons are individually identified by name herein and expressly described as intended
beneficiaries of this Agreement.
SECTION 26: FORCE MAJEURE
Neither Party is responsible for any failure to perform or any delay in performance of any
obligations under this Agreement caused by fire, civil unrest, labor unrest, natural causes, or
war, which is beyond that Party's reasonable control. Each Party shall, however, make all
reasonable efforts to remove or eliminate such cause of failure to perform or delay in
performance and shall, upon the cessation of the cause, diligently pursue performance of its
obligations under this Agreement. Agency may terminate this Agreement upon written notice
to Local Government after reasonably determining that the failure or delay will likely prevent
successful performance of this Agreement.
SECTION 27: ASSIGNMENT AND SUCESSORS IN INTEREST
Local Government may not assign or transfer its interest in this Agreement without the prior
written consent of Agency and any attempt by Local Government to assign or transfer its
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interest in this Agreement without such consent will be void and of no force or effect. Agency’s
consent to Local Government’s assignment or transfer of its interest in this Agreement will not
relieve Local Government of any of its duties or obligations under this Agreement. The
provisions of this Agreement will be binding upon and inure to the benefit of the Parties hereto,
and their respective successors and permitted assigns.
SECTION 28: SUBCONTRACTS
Local Government shall not, without Agency’s prior written consent, enter into any
subcontracts for any of the work required of Local Government under this Agreement. Agency’s
consent to any subcontract will not relieve Local Government of any of its duties or obligations
under this Agreement.
SECTION 29: RESERVED
SECTION 30: MERGER, WAIVER
This Agreement and all exhibits and attachments, if any, constitute the entire agreement
between the Parties on the subject matter hereof. There are no understandings, agreements, or
representations, oral or written, not specified herein regarding this Agreement. No waiver or
consent under this Agreement binds either Party unless in writing and signed by both Parties.
Such waiver or consent, if made, is effective only in the specific instance and for the specific
purpose given. EACH PARTY, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE,
HEREBY ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND
AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.
SECTION 31: RESERVED
SECTION 32: HEADINGS
The headings and captions to sections of this Agreement have been inserted for identification
and reference purposes only and may not be used to construe the meaning or to interpret this
Agreement.
SECTION 33: AGREEMENT DOCUMENTS
This Agreement consists of the following documents, which are listed in descending order of
precedence: this Agreement less all exhibits, attached Exhibit A (the Statement of Work), and
Exhibit B (Project Specific Statement of Work from DLCD Consultant Contract).
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SECTION 34: SIGNATURES
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates set forth
below.
STATE OF OREGON acting by and through its Department of Land
Conservation and Development
______________________________________________________________________
Joel Madsen, HAPO Manager
____________________________
Date
City of Forest Grove
______________________________________________________________________
Jesse VanderZanden, City Manager
____________________________
Date
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EXHIBIT A
STATEMENT OF WORK
Project Purpose and Objectives: The purpose of this project is to prepare a Housing
Capacity Analysis (“HCA”), including hearings-ready draft comprehensive plan
amendments, as described in ORS 197A.270 or 197A.335. This work will provide the City of
Forest Grove, a Local Government, with an updated understanding of its residential land
supply and housing needs and establish a clear policy framework to guide future housing
development and land use decisions.
Project Activities and Deliverables:
Local Government shall serve as part of the Project Management Team (“PMT”) for the
project described above. Local Government shall coordinate with DLCD’s contracted
Consultant, ECOnorthest (“Consultant”) to complete all Local Government project activities
outlined in the project statement of work of DLCD Contract No. 23033, as amended from
time to time, hereby incorporated by reference and included as Exhibit B.
Local Government anticipated project activities may include, but are not limited to the
following:
Task 1 Various Project Meetings
• Attend Project kickoff meeting, and regular Project-related meetings, providing
follow-up and/or clarifications as needed.
• Engage with local internal and external stakeholders about the Project and bring
their input back to the PMT discussions.
• Prepare and distribute the agenda prior to meetings.
• Prepare handouts. If appropriate, distribute handouts prior to meetings.
• Provide language for public notice of meetings if requested.
Anticipated Task 1 Timeline: Ongoing throughout the Project.
Task 2 Public Engagement Efforts
• Plan and/or facilitate public engagement meetings and events.
• Provide public notice of meetings and events through a variety of means.
• Participate in outreach efforts, as needed.
Anticipated Task 2 Timeline: As needed throughout the Project.
Task 3 Administrative Functions
• Publish notice of meetings and events prior to date of occurrence.
• Provide stakeholder contact lists.
• Print agenda, sign-in sheet, and handouts for in-person meetings.
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•
•
•
•
Document the planning process by keeping copies of all agendas, sign-in sheets,
notices, and presentation materials.
Provide background materials and relevant documents to the Consultant.
Provide comprehensive plan sections, zoning development code sections, land use
documents, or other relevant local data.
Review Consultant work products and deliverables and provide feedback.
Anticipated Task 3 Timeline: Ongoing throughout the Project.
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EXHIBIT B
PROJECT SPECIFIC STATEMENT OF WORK FROM DLCD
CONSULTANT CONTRACT
DLCD Contract 23033 | Exhibit A-9
Statement of Work for City of Forest Grove Contextualized Housing Need and
Housing Capacity Analysis
DLCD Project-Specific Contact(s):
Jena Hughes
Housing and Growth Management Analyst
Telephone: (971) 718-1528
Email: [email protected]
Project Purpose: The purpose of this Project is to prepare a Housing Capacity Analysis (“HCA”),
including hearings-ready draft comprehensive plan amendments, as described in ORS 197A.270
or 197A.335. This work will provide the City of Forest Grove (“Forest Grove”), a Local
Government, with an updated understanding of its residential land supply and housing needs
and establish a clear policy framework to guide future housing development and land use
decisions.
TASK 1: Project Kickoff and Management
The purpose of the Project kickoff is for the Consultant to become familiar with local conditions
and with Forest Grove’s planning documents, for the parties to confirm the objectives of the
Project and refine the Project schedule, and for Forest Grove to understand their tasks and
responsibilities for completing the Project. The Consultant shall hold a meeting with Forest
Grove to kick off the Project with Forest Grove staff via conference call to establish Project
expectations and familiarize themselves with Forest Grove-specific concerns.
The Consultant shall also use the kickoff to confirm the objectives of the Project laid out in this
Contract with Forest Grove, refine the Project schedule established in this Exhibit with Forest
Grove (meaning add more detail as necessary to the established schedule), and provide
necessary information to Forest Grove to allow Forest Grove to prepare for the Project.
The Consultant shall have biweekly check-ins with Forest Grove Project staff to discuss major
Project milestones and work products, address questions, and identify follow-up actions.
Task 1 Consultant Deliverables:
1.1: Proposed Project schedule; and
1.2: Final detailed Project schedule.
Anticipated Timeline: March – April 2026
TASK 2: Equitable Engagement
The Contextualized Housing Need (“CHN”) must be informed by equitable engagement that
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solicits feedback from community members of needed housing including protected classes and
named communities in needed housing as provided in ORS 197A.018, that prioritizes and
actively seeks to center communities of color, low-income communities, individuals with
disabilities, and tribal communities, to ensure these perspectives are meaningfully
incorporated and ground truthing Forest Grove’s allocated housing need and housing
production target.
Note Regarding Equitable Engagement: Except for the requirement to center tribal communities
by coordinating and consulting with tribes, if the Local Government has comprehensive housingrelated engagement feedback completed within the last five years that sufficiently informs the
contextualized housing need requirements and the Local Government finds that additional
equitable engagement would not align with best practices in the Agency’s Equitable
Engagement Toolkit, the Local Government may rely entirely on existing engagement feedback
and forego engagement for the Contextualized Housing Needs. Instead, the Local Government
must include an explanation for this determination as part of the equitable engagement
summary. The Local Government will satisfy the engagement requirement to center tribal
communities when notice has been made to all tribes with ancestral connection to land within
the Local Government’s jurisdiction or approved expansion areas from the Oregon Legislative
Commission on Indian Services by inviting government-to-government consultation and staff
coordination in the development of the Local Government’s contextualized housing need.
Engagement conducted under this task should inform the conclusions of the CHN, which will
provide a basis for the need assumptions in the HCA and development ready lands inventory
(“DRLI”).
The Consultant shall help plan for equitable engagement, including helping to define the
questions and equitable engagement methods and/or tactics to solicit feedback. The
Consultant shall coordinate with Forest Grove Project staff to connect with existing networks,
support facilitation (if appropriate), and support successful execution of equitable engagement.
The people engaged in discussions may be members of protected classes and named
communities or engagement may focus on service providers for people within the protected
classes and named communities.
The Consultant shall develop a Project fact sheet to introduce the Project to the community.
The Consultant shall support Forest Grove in their effort to develop a Project website with
opportunity to comment on the Project. The Consultant shall collaborate with Forest Grove
staff to manage and reply to comments.
The engagement shall include, but not be limited to:
•
Up to four separate focus groups with communities of color, low-income
communities, individuals with disabilities, housing land advocates or Fair Housing
advocates, or tribal communities;
•
Consultant shall collaborate with Forest Grove to send notice to all tribes with
ancestral connection to land within Forest Grove’s jurisdiction for governmentto-government coordination and consultation in the development of the CHN and
to participate in any resulting meetings;
•
A Project Advisory Committee (“PAC”) to review and provide feedback on findings
from the analysis that will meet up to four times during the course of the Project
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(some of which may be in-person and some via video conference). The Consultant
shall coordinate with Forest Grove on meeting arrangements and facilitate the
PAC meetings; and
•
Virtual City Council work sessions the Consultant shall coordinate with Forest
Grove to make presentations to the Planning Commission, as appropriate.
Equitable Engagement Summary Document for the Contextualized Housing Needs
Following equitable engagement, the Consultant shall produce an equitable engagement
summary that includes a list and description of the types of interested parties and communities
who comprise community members of needed housing including protected classes and named
communities in needed housing as provided in ORS 197A.018, especially with regard to
communities of color, low-income communities, individuals with disabilities, and tribal
communities.
While this equitable engagement summary will initially be produced as a stand-alone
memorandum, it will later become a section of the Housing Production Strategy (“HPS”). The
Consultant shall present the draft to a future PAC meeting and make it available for public
comment.
Consultant shall connect the findings from the equitable engagement to the analysis and
findings of the Contextualized Housing Need as outlined in Task 3.
Task 2 Consultant Deliverables:
2.1: Project fact sheet;
2.2: Focus group feedback summary;
2.3: A summary that outlines an evaluation of how Forest Grove could improve equitable
engagement practices for future housing engagement efforts relevant to the action selection process
of an HPS; and
2.4: A summary of the following based on the focus groups, PAC meeting # 1, and decision maker
meetings (which will become part of the CHN report in Task 4):
• The interested parties that were engaged and how interested parties were engaged, including
why they were engaged, engagement methods used, a list of each engagement effort or
event being used to develop the CHN, and the interested parties, communities, or tribes who
may still be underrepresented in the engagement process; and
• Feedback received from each engagement effort or event, as well as a description of the
major feedback themes attributed to the likely impacted interested parties, communities,
and tribes, including how each major feedback theme influenced the identification of fair
housing issues and determination of the needed housing types, characteristics, and locations
in alignment with program principles or not.
Anticipated Timeline: March 2026 – May 2027
TASK 3: Contextualized Housing Needs Data Collection and Analysis
The Consultant shall develop a Contextualized Housing Needs analysis, including gathering
relevant data from the housing production dashboard, housing equity indicators dashboard,
equitable engagement already conducted by Forest Grove (if relevant) and equitable
engagement from Task 2, the Agency’s hosted data repository as provided by OAR 660-0080075(3), and any additional information as provided in OAR 660-008-0075(4) if available and
recent within the last five years to understand current and future housing needs, along with
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population and market trends, to evaluate fair housing choice, and identify fair housing issues
in Forest Grove to affirmatively further fair housing. Consultant shall coordinate with Forest
Grove to access to all relevant available local data. The Consultant shall incorporate the stateprovided Housing Need Allocation for Forest Grove, both for the 20-year allocation and the 6year production target.
The CHN must include:
•
An affordability analysis including, at a minimum, a review of market conditions
affecting the provision of needed housing including existing and expected barriers
to the development of needed housing;
•
An analysis of past discriminatory actions or practices related to land and housing
access including, as practicable given information and resource availability allows,
mapping of the geographies impacted by these actions and comparing those
geographies’ relationship to current patterns of segregation as well as affluence
and poverty as illustrated in the housing equity indicators;1 and
•
An analysis of fair housing choice across the following issue areas for communities
of color, low-income communities, individuals with disabilities, and tribal
communities that concludes with the identification and evaluation of fair housing
issues within the City of Forest Grove:
o
Housing tenure and wealth building opportunities;
o
Permanent housing to resolve homelessness;
o
Accessible and adaptable housing;
o
Access to community assets and mitigation of exposure to harms;
o
Housing stability, anti-displacement and displacement mitigation;
o
Addressing and disrupting patterns of segregation, and their correlation
with concentrated areas of affluence and poverty;
o
Any issue areas Local Government is required to address in other
requirements or regulations, including Local Governments subject to
OAR 660-012-0315(1) and Local Governments within Metro with Region
2040 centers, as defined in OAR 660-012-0005(24); and
o
Any other issue areas that appear to exist based on occurrences of
disparate housing needs in a Local Government across protected classes
and named communities in needed housing as provided in ORS
197A.018.
Additionally, the Consultant shall present Forest Grove with the safe harbors provided in OAR
660-008-0075 for pre-approved key housing needs conclusions from the state. Consultant shall
coordinate with Forest Grove for guidance on whether to use any or all of the optional safe
harbors to identify the key needs for which safe harbors are available. Regardless of Forest
Grove’s election to utilize the safe harbors for any key needs, the Consultant shall identify other
housing needs that emerge from the analysis.
If information about the location of past discriminatory actions or practices is not available or cannot be mapped,
the Consultant shall note that fact in the analysis.
1
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Contextualized Housing Needs Summary Document
While this Contextualized Housing Need analysis will initially be produced as a stand-alone
memorandum, it will later become a section of the Housing Production Strategy that clearly
describes and identifies the housing types, characteristics, and locations needed to remedy, or
mitigate the identified fair housing issues in order to achieve fair housing choice, and meet
Forest Grove’s housing production target while affirmatively furthering fair housing.
The Consultant shall present the results of the Contextualized Housing Needs analysis to a
meeting of PAC and at a meeting of the City Council.
Task 3 Consultant Deliverables:
3.1: Memorandum with data collected for the CHN;
3.2: Memorandum summarizing findings from the analysis of past discriminatory actions or practices;
3.3: Materials for PAC meeting #2; and
3.4: Materials for presentation to City Council.
Anticipated Timeline: April – October 2026
TASK 4: Draft and Final Contextualized Housing Need
The Consultant shall prepare a draft CHN to include the following:
• All elements of Tasks 2 and Task 3 as required by OAR 660-008-0075; and
•
Clear conclusion that describes the needed types, characteristics, and locations of
housing that Forest Grove must plan for in its six-year housing production cycle in
order to mitigate and remedy the identified fair housing issues in furtherance of
fair housing choice.
Following review by Forest Grove Project staff and revisions as needed, the Consultant shall
produce a draft CHN for public review and comments by PAC, Planning Commission, City
Council, and interested parties. Consultant shall coordinate with Forest Grove to summarize
PAC, Planning Commission, City Council, and interested parties’ comments on the draft. The
Consultant shall revise the draft CHN to address the comments as needed. Following public
review and comment, the Consultant shall produce a Final CHN document.
The CHN may be adopted as a part of the HCA or could be a standalone report, depending on
Forest Grove’s preferences.
The Consultant shall present the results of the Contextualized Housing Needs at PAC (Meeting
#2) and at a meeting of the City Council.
Task 4 Consultant Deliverables:
4.1: Public Review Draft Contextualized Housing Need;
4.2: Materials for presentation to City Council;
4.3: Memorandum summarizing findings from the:
•
•
Affordability analysis and summarizing findings from the analysis of fair housing
choice; and
Analysis noted above that clearly describes and identifies the housing types,
characteristics, and locations needed to remedy, or mitigate the identified fair
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housing issues in order to achieve fair housing choice and meet Forest Grove’s
housing production target while affirmatively furthering fair housing. The conclusions
may include use of safe harbors under OAR 660-008-0075; and
4.4: Final Contextualized Housing Need.
Anticipated Timeline: August 2026 – May 2027
TASK 5: Buildable Lands Inventory
The Consultant shall prepare a draft buildable lands inventory (“BLI”) consistent with OAR
chapter 660, division 8, considering CFA capacity estimates. The BLI will be used to determine
Forest Grove’s residential land sufficiency in Task 7. The Consultant shall develop the BLI based
on discussion with Forest Grove staff and input from the PAC and City Council.
The Consultant shall present the results of the BLI at a meeting of PAC.
Task 5 Consultant Deliverables:
5.1: Data request for the BLI (and development ready lands inventory, if possible);
5.2: Draft BLI, including summary, tables, maps, and final GIS layers; and
5.3: Materials for PAC meeting # 1.
Anticipated Timeline: April – October 2026
TASK 6: Development Ready Lands Inventory
The Consultant shall prepare a draft DRLI consistent with ORS 197A.210 and OAR Chapter 660,
division 8. The DRLI shall be informed by the BLI and the findings in the Contextualized Housing
Need and developed based on discussion with the PAC at one or more committee meetings.
In preparing the DRLI, the Consultant shall solicit input from multiple city departments about
water, wastewater, stormwater, and transportation facility availability, capacity, planning, and
financial plans. The Consultant shall coordinate with Forest Grove staff to provide existing data
maintained by Forest Grove about existing infrastructure (in GIS form) and collaboration about
infrastructure readiness.
The DRLI may be adopted as part of the HCA or separately depending on Forest Grove’s
preference.
The Consultant shall present the results of the RLNA at a City Council meeting.
Task 6 Consultant Deliverables:
6.1: Draft DRLI, including summary, tables, maps, and final GIS layers;
6.2: Submittal of Forest Grove GIS data request and signed user agreement; and
6.3: Materials for presentation to City Council.
Anticipated Timeline: June 2026 – January 2027
TASK 7: Residential Land Needs Analysis
Based on the outcomes of previous tasks, the Consultant shall prepare a draft Residential Land
Needs Analysis (“RLNA”) that addresses how much land and what zoning Forest Grove needs
to accommodate its Housing Need. The RLNA shall include:
• Summary of the CHN Findings about the types and locations for housing needed
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over the 20-year period and the 6-year period;
•
Documentation of housing development since the last HCA, including analysis of
development density by plan designation;
•
Allocation of housing need to plan designation for the 20-year period and 6-year
period;
•
Summary of buildable vacant and partially vacant land where housing can be
developed with clear and objective standards and estimate of capacity of
buildable land by plan designation;
•
Summary of development ready land by plan designation and estimate of
capacity of development ready land, may be included in this analysis or may be
presented in separate memorandum; and
•
Comparison of land capacity and housing need for buildable land (for the 20-year
housing allocation) and development ready land (for the 6-year housing
production targets).
The Consultant shall develop the RLNA based on discussions with PAC at one or more
committee meetings, as well as input from the City Council.
If the analysis shows that the Housing Need cannot be accommodated by Forest Grove’s
existing comprehensive plan, the RLNA will be developed concurrently with Task 6 in order to
consider accommodating Housing Needs through changes to the comprehensive plan and land
use regulations as required by OAR chapter 660, divisions 8 and 24.
The Consultant shall present the results of the RLNA at a PAC meeting. The PAC may consider
more than one deliverable at a meeting.
The Consultant shall present the results of the RLNA at a City Council meeting.
Task 7 Consultant Deliverables:
7.1: Draft Residential Land Need Analysis, as part of the HCA report;
7.2: Draft and final development ready land analysis memorandum;
7.3: Draft and final HCA report;
7.4: Materials for presentation of RLNA results to City Council; and
7.5: Materials for presentation of RLNA results for PAC meeting # 3.
Anticipated Timeline: July 2026 – March 2027
CONTINGENT TASK 8: Adoption
This Task is contingent on the DLCD having funds available for adoption efforts. This Task is not
authorized until Consultant receives an email from the DLCD Contract Administrator notifying
Consultant to proceed.
Consultant shall coordinate with Forest Grove to schedule and provide notice and an agenda
for hearings to adopt the HCA and associated updates to Forest Grove’s comprehensive plan.
The Consultant shall coordinate with Forest Grove on hearing arrangements and present
updates to the hearings body or bodies.
The adoption process will include the HCA and may include the CHN, depending on Forest
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Grove’s preferences for adoption of the CHN.
Task 8 Consultant Deliverables:
8.1: DLCD Contract Administrator’s email instructing the Consultant to proceed with Task 8;
8.2: Materials for presentation of the Project products at a meeting of the Planning Commission; and
8.3: Materials for presentation of the Project products at a City Council meeting.
Anticipated Timeline: March – May 2027
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STAFF REPORT TO CITY COUNCIL
TO: City Council
FROM: Jesse VanderZanden, City Manager
MEETING DATE: September 14, 2026
PROJECT TEAM: Anne Lane, Parks & Recreation Director
SUBJECT TITLE: Resolution Approving City Manager to Enter into an Intergovernmental
Agreement with Metro to Receive Nature in Neighborhoods Community
Choice Grant Funding for a Pollinator Pathway on the Forest Grove Loop Trail
ACTION REQUESTED:
Ordinance
Order
X Resolution
Informational
BACKGROUND
Funded through Metro Bond Measure 19-4988, the Nature in Neighborhoods Community Choice
Grants support community-led projects that benefit historically marginalized communities, protect,
and improve water quality and fish and wildlife habitat, support climate resilience, and increase
people’s experience of nature at the community scale.
The Pollinator Pathway on the Forest Grove Loop Trail project was proposed by the community, and
with the support of designers and city staff, refined and developed the idea, which was then put to a
community-wide vote. The project will add pollinator and bird-friendly habitat plantings along with
interpretive information on the southwest portion of the Forest Grove Loop Trail.
FISCAL IMPACT
The $88,400 provided by Metro will be deposited into the Parks SDC account. Matching funds
required by the City to complete the project is $44,248.50 and will be funded by the Parks SDC
account.
RECOMMENDATION
Staff recommends adoption of Resolution 2026-43: Resolution Approving the City Manager to Enter
into An Intergovernmental Agreement with Metro to Receive Nature in Neighborhoods Community
Choice Grant Funding for a Pollinator Pathway on the Forest Grove Loop Trail.
ATTACHMENTS
•
•
Resolution 2026-43
Attachment A: Metro Intergovernmental Grant Agreement: Pollinator Pathway on the Forest Grove
Loop Trail
City of Forest Grove | P.O. Box 326 | Forest Grove, OR 97116 | 503-992-3200 | forestgrove-or.gov
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RESOLUTION NO. 2026-43
RESOLUTION APPROVING CITY MANAGER TO ENTER INTO AN
INTERGOVERNMENTAL AGREEMENT (IGA) WITH METRO TO RECEIVE NATURE
IN NEIGHBORHOODS COMMUNITY CHOICE GRANT FUNDING FOR A
POLLINATOR PATHWAY ON THE FOREST GROVE LOOP TRAIL
WHEREAS, the electors of Metro approved Bond Measure 19-4988 in 2019 that
authorized Metro to issue $475 million in general obligation bonds to preserve natural
areas, clean water, and protect fish and wildlife; and
WHEREAS, the Measure provides that Metro distribute up to $40 million of bond
funds for community-led capital construction projects that protect and improve water quality
and fish and wildlife habitat, support climate resiliency, and increase people’s experience of
nature; and
WHEREAS, the City of Forest Grove is a local jurisdiction awarded $88,400 in Metro
Nature in Neighborhoods Capital Grant program funds; and
WHEREAS, the Pollinator Pathway on the Forest Grove Loop Trail project will add
pollinator and bird-friendly habitat plantings along with interpretive information on the
southwest portion of the Forest Grove Loop Trail; and
WHEREAS, an IGA has been prepared describing the statement of work and other
terms and conditions to be followed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF FOREST GROVE AS
FOLLOWS:
Section 1. The City Council hereby approves an Intergovernmental Agreement
between the City and Metro (attachment A), for receipt of $88,400 of Metro Nature in
Neighborhoods Community Choice Grant funds for the Pollinator Pathway on the Forest
Grove Loop Trail project, and authorizes the City Manager to execute the agreement.
Section 2.
Council.
This resolution is effective immediately upon its enactment by the City
PRESENTED AND PASSED this 14th day of September, 2026.
_____________________________________
Mariah S. Woods, City Recorder
APPROVED by the Mayor this 14th day of September, 2026.
_____________________________________
Malynda H. Wenzl, Mayor
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Metro Contract Number ____________
INTERGOVERNMENTAL GRANT AGREEMENT
Pollinator Pathway on the Forest Grove Loop Trail
This Grant Agreement (Agreement) is entered under the provisions of ORS Chapter
190 by and between Metro, a metropolitan service district organized under the laws
of the state of Oregon and the Metro Charter, and the City of Forest Grove.
BACKGROUND
The electors of Metro approved Bond Measure 19-4988 on November 5, 2019
authorizing Metro to issue $475 million in general obligation bonds to preserve natural
areas, clean water, and protect fish and wildlife. The Measure provides that Metro will
distribute up to $40 million of bond funds for community-led capital construction
projects. These projects will protect and improve water quality and fish and wildlife
habitat, support climate resiliency, and increase people’s experience of nature. The
grant program is funded with taxable bond measure proceeds.
Funded through the 2019 bond measure, the Nature in Neighborhoods Community
Choice Grants uses a novel participatory approach that gives community members a
direct voice in choosing the projects to recommend for funding in their communities. A
Program Design and Review Committee composed of community members and Metro
staff designed the program and ultimately recommended $2.3 million in grant funding
to the Metro Council for projects proposed and approved by community members.
The Nature in Neighborhoods Community Choice Grants will support community-led
projects that benefit historically marginalized communities, protect, and improve water
quality and fish and wildlife habitat, support climate resilience, and increase people’s
experience of nature at the community scale. Chosen projects will emphasize
community engagement, racial equity and climate resilience and meet the
requirements of the 2019 Parks and Natural Areas bond measure for capital grants.
Community members proposed the project ideas, and with the support of designers
and partner staff, refined and developed those project ideas, which were then put to a
community-wide vote. The projects with the most votes were recommended for
funding by the Program Design and Review Committee. On February 22nd, 2024, the
Metro Council approved the Project by Resolution No. 24-5373. This project would
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Metro Contract Number ____________
add pollinator and bird-friendly habitat plantings along with interpretive information
on the southwest portion of the Forest Grove Loop Trail.
AGREEMENT
1. Term
This Agreement is effective on July 1st, 2026, and terminates on December 31, 2050.
Grantee must complete all work in the Scope of Work by June 30th, 2029, unless
terminated or extended. By written amendment the parties may extend the time to
complete the Scope of Work no more than 2 years, for a total time of 5 years.
2. Scope of Work
This Agreement establishes responsibilities of the parties concerning this project.
Work will be performed pursuant to the Scope of Work, Exhibit A, which is
incorporated into this Agreement. Metro will disburse funds to the Grantee as set forth
in the Scope of Work. Also attached to this Agreement and incorporated into this
Agreement is Exhibit B (Restrictions on Sale and Use).
3. Grant Amount
Metro will provide up to $88,400 to Grantee for the Project. Grantee may use funds only
for work completed on the project during the term of this Agreement.
4. Sufficient Funds
Metro certifies that at the time this Agreement is executed sufficient funds are available
and authorized for expenditure to finance costs of this Agreement.
5. Forfeiture of Unspent Funds
If Grantee fails to start or complete the Project or completes the Project without
spending all funds, Metro will retain all funds not expended and Grantee must repay any
funds received in advance of expenditures.
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Metro Contract Number ____________
6. Capital Project and Related Covenants
In compliance with the Measure, Metro granted funds to Grantee to use for capital
expenses related to the Project. Grantee will own the capital asset resulting from the
Project and located on the Property. Grantee will value the Project as a capital asset in
an amount no less than the grant amount awarded to Grantee. Grantee covenants that
it will (a) own and hold all such capital improvements acquired pursuant to this
Agreement, and (b) record the asset created by the Project as a fixed, capital asset in
the Grantee’s audited financial statement, consistent with generally accepted
accounting principles and with the Grantee’s financial bookkeeping of other similar
assets.
7. Limit on Administrative Capital Expenses
Grantee may seek reimbursement of administrative capital expenses. The requested
reimbursement must not exceed 10% of the total grant amount. Grantee must track and
report on the amount of administrative capital expenses.
8. Limitations on Use of Property
Grantee will maintain and operate the portion of the Property upon which the Project is
located (Project Area) and all capital improvements constructed with bond funds
consistent with one or more of the bond purposes and principles. The Project Area must
be maintained to protect water quality and wildlife habitat for generations to come,
support climate resiliency, or increase people’s experience of nature at the community
scale.
Metro may permit secondary use of the Project Area only where the secondary use
affects a negligible portion of the Property Area or where necessary to operate the
Project Area consistent with Measure principles. The secondary use must not interfere
with the requirement to comply with Measure purposes and principles.
Grantee may not sell the Property or authorize use of the Project Area in a manner not
consistent with Measure purposes without agreement in writing from Metro after
following the requirements of Exhibit B.
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Metro Contract Number ____________
9. Oregon Constitution and General Obligation Bond Covenants
Grantee acknowledges that Metro's source of funds for this Agreement is from the sale
of voter-approved general obligation bonds that are to be repaid using ad valorem
property taxes. Grantee will not take any action that would jeopardize Metro’s general
obligation bond and will use all bond funds to pay for or reimburse costs that are of a
type that are properly chargeable to a capital cost (or would be so chargeable with a
proper election) to comply with the Oregon Constitution and other applicable laws with
respect to the permitted expenditure of general obligation bond proceeds. If Grantee
breaches these covenants, Grantee will take remedies to cure the default and to
compensate Metro for any loss it may suffer as a result.
10. Federal, State, and Local Law Compliance
The Grantee must comply with all applicable federal, state, and local laws, regulations,
executive orders and ordinances applicable to the work under this Agreement, including
without limitation the acquisition of any required permits. All conditions imposed on the
Grantee by federal, state, regional, or local governments having jurisdiction over
Grantee are part of this Agreement. Any violation of these conditions, or any violation of
criminal law, may be cause for immediate termination of this Agreement.
11. Prevailing Wage Rate Laws
If the Project is a public work subject to the prevailing wage rate (PWR) laws (ORS
279C.800 to 279C.875 and related administrative rules) as regulated by the Oregon
Bureau of Labor and Industries (BOLI), Grantee and every subcontractor must comply
with all applicable state law and administrative rule provisions.
If the Project is a public work, Grantee must comply with all applicable prevailing wage
laws and rules, including without limitation (1) payment of the Public Works Bond and
(2) the requirement that all contracts and subcontracts include:
•
A provision stating the applicable state prevailing wage rates and any applicable
prevailing wage rate amendments, including the title and date of any applicable
BOLI publication;
•
a provision requiring that all workers be paid not less than the prevailing wage;
and
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•
if the Project is subject to both PWR laws and the federal Davis-Bacon Act (40
U.S.C. 3141), a provision that all workers must be paid not less than the higher
of the state and federal prevailing wage.
If Grantee believes that the Project is not subject to PWR laws, Grantee must inform
Metro before contracting for work on the Project. If necessary, Metro will seek a
predetermination letter from BOLI to confirm whether the Project is subject to PWR.
12. Discrimination Prohibited
Grantee must not exclude any person from participation in the Project or discriminate on
the grounds of race, color, or national origin, or on the grounds of religion, sex, ancestry,
age, or disability against any person related to any program or activity funded in whole or
in part with the grant funds.
13. Funding Recognition
Grantee will recognize Metro and the source of funding from the Measure in any
publications, media presentations, or other presentations relating to or describing the
Project. Grantee may include recognition of Metro on on-site documentation, for
example signs, and in any published final products and visual presentations, web site
information, collateral materials, newsletters, and news releases.
14. Project Records
Grantee will maintain all fiscal Project Records in accordance with generally accepted
accounting principles. Grantee must make records available to Metro and its authorized
representatives, including but not limited to the staff of any department, at reasonable
times and places regardless of whether litigation has been filed on any claims.
15. Public Records Law
All Project Records are public records subject to disclosure under Oregon Public
Records Law unless otherwise exempt.
16. Indemnification
Subject to the limitations and conditions of the Oregon Constitution and the Oregon Tort
Claims Act, Grantee will indemnify, defend, and hold Metro and Metro’s agents,
employees, and elected officials harmless from any and all claims, demands, damages,
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actions, losses, and expenses, including attorney's fees, arising out of or in any way
connected with the performance of this Agreement by the Grantee or the Grantee’s
officers, agents, or employees.
17. Insurance
Grantee agrees to maintain insurance levels, or self-insurance in accordance with
state law, for the duration of this Agreement to levels necessary to protect against
public body liability.
18. Termination
Metro may terminate this Agreement, in full or in part, at any time during the term of
this Agreement 7 days after providing notice to Grantee of Metro’s intent to terminate.
Metro may terminate this Agreement, in full or in part, at any time during the term of
this Agreement if Metro reasonably determines that Grantee has failed to comply with
any provision of this Agreement and is therefore in default. Upon termination, Metro
may immediately withhold or suspend future distributions of bond funds in addition to
any other rights and remedies set forth in this Agreement or available at law or in
equity.
Notwithstanding any termination for cause, Grantee will be entitled to receive
payments for any work completed or for which Grantee was contractually obligated on
the date that Metro provided written notice of default.
Grantee will be liable to Metro for all reasonable costs and damages incurred by Metro
from the default.
19. Joint Termination for Convenience
Metro and the Grantee may jointly terminate all or part of this Agreement
termination is in the public interest. Termination under this provision will be effective
with a written termination agreement signed by both parties.
20. Dispute Resolution
The Parties will negotiate in good faith to resolve any dispute arising out of this
Agreement. If the Parties are unable to resolve any dispute within 14 days, the Parties
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will attempt to settle any dispute through mediation. The Parties will attempt to agree on
a single mediator. The parties will share the cost of mediation equally.
21. Independent Contractor Status
The Grantee is an independent contractor for all purposes and is entitled only to the
compensation provided for in this Agreement. The Grantee is not an employee of
Metro. The Grantee must provide all tools or equipment necessary to carry out this
Agreement and will exercise complete control in achieving the results specified in the
Scope of Work.
The Grantee is solely responsible for its performance under this Agreement and the
quality of its work; for obtaining and maintaining all licenses and certifications necessary
to carry out this Agreement; for payment of any fees, taxes, royalties, or other expenses
necessary to complete the work except as otherwise specified in the Scope of Work;
and for meeting all other requirements of law in carrying out this Agreement.
22. Notices
Any notices permitted or required by this Agreement must be in writing to the email
addresses below.
City of Forest Grove
Attn: Anne Lane
1924 Council Street
Forest Grove, OR 97116
Email: [email protected]
Metro
Attn: Gabrielle Brown
Metro Regional Center
600 NE Grand Ave
Portland, OR 97232
Email: [email protected]
23. Oregon Law; Forum
This Agreement will be construed according to the laws of the State of Oregon. Any
litigation between Metro and Grantee arising under this Agreement will occur, if in the
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state courts, in the Multnomah County Circuit Court, and if in the federal courts, in the
United States District Court for the District of Oregon located in Portland, Oregon.
24. Assignment; Entire Agreement; Merger; Waiver
This Agreement is binding on each Party, its successors, assigns, and legal
representatives and may not, under any circumstance, be assigned or transferred by
Grantee without Metro’s written consent, which may be withheld in Metro’s sole
discretion. This Agreement and attachments are the entire agreement between the
Parties. The failure to enforce any provision of this Agreement does not constitute a
waiver by either Party of that or any other provision. Any waiver of any breach is not a
waiver of any succeeding breach or a waiver of any provision.
25. Amendment
The Parties may amend this Agreement only by written amendment signed by both
Parties.
26. No Third-Party Beneficiaries
Grantee and Metro are the only parties to this Agreement and are the only parties
entitled to enforce its terms and the sole beneficiaries.
27. Limitations
This Agreement is expressly subject to the limitations of the Oregon Tort Claims Act and
is contingent upon appropriation of funds. Any provision of this Agreement that conflicts
with the above-referenced laws are deemed invalid and unenforceable.
28. Severability
If any clause, sentence or any other portion of the terms and conditions of this
Agreement becomes illegal, null or void for any reason, the remaining portions will
remain in effect.
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29. Authority
The representatives signing on behalf of the Parties certify they are authorized by the
Party for whom they sign to make this Agreement.
The Parties have executed this Agreement as of the Effective Date.
Metro
City of Forest Grove
By:
By:
Name:
Name:
Title:
Title:
Date:
Date:
Page 9 of 9
Grant Agreement – Nature in Neighborhoods
Page 190 of 224
EXHIBIT A
SCOPE OF WORK
Project Budget and Statement of Work
In addition to the Project Budget and Statement of Work below, grantee is subject to the terms
and conditions, including reporting and reimbursement requirements, as defined in the
program and post-award handbooks. Metro’s program manager is also available for questions
regarding reporting and reimbursement requirements.
Reimbursement requests, submitted via Temelio, are required at the end of each fiscal year,
and can be submitted as frequently as quarterly.
Reports, submitted via Temelio, are required semi-annually, at the end of June and the end of
December, but can be submitted more frequently if desired. Please refer to the details in the
Post-Award Handbook, in the section titled Reimbursement and Reporting Requirements.
Page 1 of 3
Exhibit A
Page 191 of 224
PROJECT:
1. Project Name: Pollinator Pathway on the Forest Grove Loop Trail
2. Project Description: Add pollinator and bird-friendly habitat plantings along with interpretive
information on the southwest portion of the Forest Grove Loop Trail
3. Project Location: Forest Grove Loop Trail
PROJECT DELIVERABLES: The Project will comply with the following.
1. Project Budget:
a. Grant Award Amount: $88,400
b. Match Funding: $44,248.50 (minimum match requirement is one dollar for every
two dollars of Metro grant funding)
c. Total Project Budget: $132,648.50
2. Detailed Project Budget
BUDGET CATEGORIES
Design/Architecture/Engineering
$
Permitting
Land Acquisition & Associated Costs:
Appraisals, due diligence, surveying, etc.
Construction: Materials, equipment, 3rd
party labor, etc.
Cultural Resources Expenses
Other (rename following rows based on
'other' in your budget)
Capped (Administrative) Costs:
Jurisdiction staff time, overhead, and
indirect costs as defined by the IGA
Contingency
Volunteer hours X current rate:
https://independentsector.org/research/
value-of-volunteer-time/
TOTAL
$
Award Funds
Reimbursable Expenses
88,400.00
Matching funds
In-Kind Match
Total in Category
Cash Match
$
$
1,600.00 $
$
2,000.00 $
90,000.00
2,000.00
$
6,700.00 $
6,700.00
$
-
$
8,840.00
$
8,840.00
$
$
5,218.50
19,890.00 $
$
19,890.00
5,218.50
14,058.50 $
30,190.00 $
132,648.50
88,400.00 $
3. Project Timeline:
a. Design, Permitting, Bidding: 0-5 months from date of commencement
b. Construction: 6-9 months from date of commencement
c. Site Activation and Project Performance Assessment: 9-12 months from date of
commencement
4. Payment Schedule:
a. Based on project milestones as outlined in detailed statement of work.
Page 2 of 3
Exhibit A
Page 192 of 224
5. Detailed Statement of Work:
Expect ed
Tim eline
2 months
Phase or
Task
C at egory
Design
Task
Responsible
Part y
Expect ed D eliverables
Identify and document
Consultant
Map with coordinates
Consultant
Plantings identified on
boundaries of project
area
1 month
Design
Identify pollinator
plantings selection
construction site map and
inventory list
1 month
1 month
Design
Design
Identify pollinator
Consultant
Habitat boxes identified on
habitat support
construction site map and
opportunities
inventory list
Identify appropriate
Consultant
public use amenities
Amenities identified on
construction site map and
inventory list
1 month
Construction
Prepare site for
Contractor
Invasives removal
Contractor
Plantings installed per
development
1 month
Construction
Install plantings
construction site map
1 month
Construction
Install temporary
Contractor
irrigation
1 month
Construction
Install site amenities
Temporary irrigation installed per
construction site map
Contractor
Site amenities installed per
construction site map
Page 3 of 3
Exhibit A
Page 193 of 224
EXHIBIT B
Restrictions on Sale and Use
The Restrictions on Sale and Use of Bond Funded Property (“Property”) apply until the end of
the Agreement term. “Property” includes real property and capital improvements.
Restrictions:
Grantee may not sell or change the use of Property unless Grantee certifies the following
to Metro in writing:
a) Grantee's decision to sell or change the use of the Property is the result of
unforeseen circumstances.
b) Grantee's intent, at the time it purchased the Property, was to use the Property in
compliance with bond requirements.
c) Grantee transferred the Property to a non-federal public agency or jurisdiction.
d) Grantee provided Metro written notice of its intent to authorize the sale to a third
party or change Grantee’s use of the Property 180 days before the sale or change
in use.
e) Grantee held at least one public hearing regarding the matter, consistent with its
adopted public meeting procedures, before making a final decision to sell or change
the use of the Property, and adopted a resolution or ordinance that includes
findings that Grantee satisfied the conditions in sections (a)-(d) and has satisfied or
will satisfy its obligations in section (f).
f) Metro approves Grantee's determination of the appraisal value of the Property as
follows:
1. At least 90 days before making a final decision to sell or change the use of the
Property, Grantee will provide Metro with an independent appraisal of the fair
market value of the Property, assuming that the Property was subject to the same
use restrictions as were in place at the time Grantee purchased the Property. The
appraisal must comply with USPAP standards and federal and ODOT right-of-way
acquisition standards, where applicable, and will not be subject to any other
extraordinary assumptions; and
2. No later than 90 days after receiving the appraisal obtained by Grantee, Metro
will inform Grantee whether Metro has approved the appraisal. Metro’s decision will
be made in good faith and based on whether the appraisal is complete and
reasonable. Metro's review will include having the appraisal reviewed by a review
appraiser hired by Metro to conduct a review in accordance with USPAP and
general appraisal standards. If Metro does not approve the appraisal, then Metro
will inform Grantee the reasons for not approving the appraisal and Grantee may
resubmit a revised appraisal to Metro.
Page 1 of 1
Exhibit B
Page 194 of 224
STAFF REPORT TO CITY COUNCIL
TO: City Council
FROM: Jesse VanderZanden, City Manager
MEETING DATE: September 14, 2026
PROJECT TEAM: Anne Lane, Parks & Recreation Director
SUBJECT TITLE: Resolution Approving City Manager to Enter into An Intergovernmental
Agreement with Metro to Receive Nature in Neighborhoods Community
Choice Grant Funding for Re-Indigenizing the Forest Grove Loop Trail
ACTION REQUESTED:
Ordinance
Order
X Resolution
Informational
BACKGROUND
Funded through Metro Bond Measure 19-4988, the Nature In Neighborhoods Community Choice
Grants support community-led projects that benefit historically marginalized communities, protect,
and improve water quality and fish and wildlife habitat, support climate resilience, and increase
people’s experience of nature at the community scale.
The Re-Indigenizing Forest Grove Loop Trail project was proposed by the community, and with the
support of designers and city staff, refined and developed the idea, which was then put to a
community-wide vote. The project will center the Atfalati culture through design elements in public
art and interpretive signs, and restore Oregon white oak habitat along a portion of the Forest Grove
Loop Trail.
FISCAL IMPACT
The $147,333.33 provided by Metro will be deposited into the Parks SDC account. Matching funds
required by the City to complete the project is $73,820.33 and will be funded by the Parks SDC
account.
RECOMMENDATION
Staff recommends adoption of Resolution 2026-44: Resolution Approving the City Manager to Enter
into An Intergovernmental Agreement with Metro to Receive Nature in Neighborhoods Community
Choice Grant Funding for Re-Indigenizing the Forest Grove Loop Trail.
ATTACHMENTS
•
•
Resolution 2026-44
Attachment A: Metro Intergovernmental Grant Agreement: Re-Indigenizing the Forest Grove Loop Trail
City of Forest Grove | P.O. Box 326 | Forest Grove, OR 97116 | 503-992-3200 | forestgrove-or.gov
Page 195 of 224
RESOLUTION NO. 2026-44
RESOLUTION APPROVING CITY MANAGER TO ENTER INTO AN
INTERGOVERNMENTAL AGREEMENT WITH METRO TO RECEIVE NATURE IN
NEIGHBORHOODS COMMUNITY CHOICE GRANT FUNDING FOR REINDIGENIZING THE FOREST GROVE LOOP TRAIL
WHEREAS, the electors of Metro approved Bond Measure 19-4988 in 2019 that
authorized Metro to issue $475 million in general obligation bonds to preserve natural
areas, clean water, and protect fish and wildlife; and
WHEREAS, the Measure provides that Metro distribute up to $40 million of bond
funds for community-led capital construction projects that protect and improve water
quality and fish and wildlife habitat, support climate resiliency, and increase people’s
experience of nature; and
WHEREAS, the City of Forest Grove is a local jurisdiction awarded $147,333.33
in Metro Nature in Neighborhoods Capital Grant program funds; and
WHEREAS, the Re-Indigenizing the Forest Grove Loop Trail project will center the
Atfalati culture through design elements in public art and interpretive signs and restore
Oregon white oak habitat along a portion of the Forest Grove Loop Trail; and
WHEREAS, an IGA has been prepared describing the statement of work and other
terms and conditions to be followed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF FOREST GROVE AS
FOLLOWS:
Section 1. The City Council hereby approves an Intergovernmental Agreement
between the City and Metro (Attachment A), for receipt of $147,333.33 of Metro Nature
In Neighborhoods Community Choice Grant funds for the Re-Indigenizing the Forest
Grove Loop Trail project, and authorizes the City Manager to execute the agreement.
Section 2.
City Council.
This resolution is effective immediately upon its enactment by the
PRESENTED AND PASSED this 14th day of September, 2026.
_____________________________________
Mariah S. Woods, City Recorder
APPROVED by the Mayor this 14th day of September, 2026.
_____________________________________
Malynda H. Wenzl, Mayor
Page 196 of 224
Intergovernmental Grant Agreement
2019 Parks and Nature Bond Measure
Nature in Neighborhoods Community Choice Grants
Metro Contract Number ____________
INTERGOVERNMENTAL GRANT AGREEMENT
Re-Indigenizing the Forest Grove Loop Trail
This Grant Agreement (Agreement) is entered under the provisions of ORS Chapter
190 by and between Metro, a metropolitan service district organized under the laws
of the state of Oregon and the Metro Charter, and the City of Forest Grove.
BACKGROUND
The electors of Metro approved Bond Measure 19-4988 on November 5, 2019
authorizing Metro to issue $475 million in general obligation bonds to preserve natural
areas, clean water, and protect fish and wildlife. The Measure provides that Metro will
distribute up to $40 million of bond funds for community-led capital construction
projects. These projects will protect and improve water quality and fish and wildlife
habitat, support climate resiliency, and increase people’s experience of nature. The
grant program is funded with taxable bond measure proceeds.
Funded through the 2019 bond measure, the Nature in Neighborhoods Community
Choice Grants uses a novel participatory approach that gives community members a
direct voice in choosing the projects to recommend for funding in their communities. A
Program Design and Review Committee composed of community members and Metro
staff designed the program and ultimately recommended $2.3 million in grant funding
to the Metro Council for projects proposed and approved by community members.
The Nature in Neighborhoods Community Choice Grants will support community-led
projects that benefit historically marginalized communities, protect, and improve water
quality and fish and wildlife habitat, support climate resilience, and increase people’s
experience of nature at the community scale. Chosen projects will emphasize
community engagement, racial equity and climate resilience and meet the
requirements of the 2019 Parks and Natural Areas bond measure for capital grants.
Community members proposed the project ideas, and with the support of designers
and partner staff, refined and developed those project ideas, which were then put to a
community-wide vote. The projects with the most votes were recommended for
funding by the Program Design and Review Committee. On February 22nd, 2024, the
Metro Council approved the Project by Resolution No. 24-5373. This project will
Page 1 of 9
Grant Agreement – Nature in Neighborhoods
Page 197 of 224
Intergovernmental Grant Agreement
2019 Parks and Nature Bond Measure
Nature in Neighborhoods Community Choice Grants
Metro Contract Number ____________
center the Atfalati culture through design elements in public art and interpretative
signs, and restore Oregon white oak habitat.
AGREEMENT
1. Term
This Agreement is effective on July 1st, 2026, and terminates on December 31, 2050.
Grantee must complete all work in the Scope of Work by June 30th, 2029, unless
terminated or extended. By written amendment the parties may extend the time to
complete the Scope of Work no more than 2 years, for a total time of 5 years.
2. Scope of Work
This Agreement establishes responsibilities of the parties concerning this project.
Work will be performed pursuant to the Scope of Work, Exhibit A, which is
incorporated into this Agreement. Metro will disburse funds to the Grantee as set forth
in the Scope of Work. Also attached to this Agreement and incorporated into this
Agreement is Exhibit B (Restrictions on Sale and Use).
3. Grant Amount
Metro will provide up to $147,333.33 to Grantee for the Project. Grantee may use funds
only for work completed on the project during the term of this Agreement.
4. Sufficient Funds
Metro certifies that at the time this Agreement is executed sufficient funds are available
and authorized for expenditure to finance costs of this Agreement.
5. Forfeiture of Unspent Funds
If Grantee fails to start or complete the Project or completes the Project without
spending all funds, Metro will retain all funds not expended and Grantee must repay any
funds received in advance of expenditures.
Page 2 of 9
Grant Agreement – Nature in Neighborhoods
Page 198 of 224
Intergovernmental Grant Agreement
2019 Parks and Nature Bond Measure
Nature in Neighborhoods Community Choice Grants
Metro Contract Number ____________
6. Capital Project and Related Covenants
In compliance with the Measure, Metro granted funds to Grantee to use for capital
expenses related to the Project. Grantee will own the capital asset resulting from the
Project and located on the Property. Grantee will value the Project as a capital asset in
an amount no less than the grant amount awarded to Grantee. Grantee covenants that
it will (a) own and hold all such capital improvements acquired pursuant to this
Agreement, and (b) record the asset created by the Project as a fixed, capital asset in
the Grantee’s audited financial statement, consistent with generally accepted
accounting principles and with the Grantee’s financial bookkeeping of other similar
assets.
7. Limit on Administrative Capital Expenses
Grantee may seek reimbursement of administrative capital expenses. The requested
reimbursement must not exceed 10% of the total grant amount. Grantee must track and
report on the amount of administrative capital expenses.
8. Limitations on Use of Property
Grantee will maintain and operate the portion of the Property upon which the Project is
located (Project Area) and all capital improvements constructed with bond funds
consistent with one or more of the bond purposes and principles. The Project Area must
be maintained to protect water quality and wildlife habitat for generations to come,
support climate resiliency, or increase people’s experience of nature at the community
scale.
Metro may permit secondary use of the Project Area only where the secondary use
affects a negligible portion of the Property Area or where necessary to operate the
Project Area consistent with Measure principles. The secondary use must not interfere
with the requirement to comply with Measure purposes and principles.
Grantee may not sell the Property or authorize use of the Project Area in a manner not
consistent with Measure purposes without agreement in writing from Metro after
following the requirements of Exhibit B.
Page 3 of 9
Grant Agreement – Nature in Neighborhoods
Page 199 of 224
Intergovernmental Grant Agreement
2019 Parks and Nature Bond Measure
Nature in Neighborhoods Community Choice Grants
Metro Contract Number ____________
9. Oregon Constitution and General Obligation Bond Covenants
Grantee acknowledges that Metro's source of funds for this Agreement is from the sale
of voter-approved general obligation bonds that are to be repaid using ad valorem
property taxes. Grantee will not take any action that would jeopardize Metro’s general
obligation bond and will use all bond funds to pay for or reimburse costs that are of a
type that are properly chargeable to a capital cost (or would be so chargeable with a
proper election) to comply with the Oregon Constitution and other applicable laws with
respect to the permitted expenditure of general obligation bond proceeds. If Grantee
breaches these covenants, Grantee will take remedies to cure the default and to
compensate Metro for any loss it may suffer as a result.
10. Federal, State, and Local Law Compliance
The Grantee must comply with all applicable federal, state, and local laws, regulations,
executive orders and ordinances applicable to the work under this Agreement, including
without limitation the acquisition of any required permits. All conditions imposed on the
Grantee by federal, state, regional, or local governments having jurisdiction over
Grantee are part of this Agreement. Any violation of these conditions, or any violation of
criminal law, may be cause for immediate termination of this Agreement.
11. Prevailing Wage Rate Laws
If the Project is a public work subject to the prevailing wage rate (PWR) laws (ORS
279C.800 to 279C.875 and related administrative rules) as regulated by the Oregon
Bureau of Labor and Industries (BOLI), Grantee and every subcontractor must comply
with all applicable state law and administrative rule provisions.
If the Project is a public work, Grantee must comply with all applicable prevailing wage
laws and rules, including without limitation (1) payment of the Public Works Bond and
(2) the requirement that all contracts and subcontracts include:
•
A provision stating the applicable state prevailing wage rates and any applicable
prevailing wage rate amendments, including the title and date of any applicable
BOLI publication;
•
a provision requiring that all workers be paid not less than the prevailing wage;
and
Page 4 of 9
Grant Agreement – Nature in Neighborhoods
Page 200 of 224
Intergovernmental Grant Agreement
2019 Parks and Nature Bond Measure
Nature in Neighborhoods Community Choice Grants
Metro Contract Number ____________
•
if the Project is subject to both PWR laws and the federal Davis-Bacon Act (40
U.S.C. 3141), a provision that all workers must be paid not less than the higher
of the state and federal prevailing wage.
If Grantee believes that the Project is not subject to PWR laws, Grantee must inform
Metro before contracting for work on the Project. If necessary, Metro will seek a
predetermination letter from BOLI to confirm whether the Project is subject to PWR.
12. Discrimination Prohibited
Grantee must not exclude any person from participation in the Project or discriminate on
the grounds of race, color, or national origin, or on the grounds of religion, sex, ancestry,
age, or disability against any person related to any program or activity funded in whole or
in part with the grant funds.
13. Funding Recognition
Grantee will recognize Metro and the source of funding from the Measure in any
publications, media presentations, or other presentations relating to or describing the
Project. Grantee may include recognition of Metro on on-site documentation, for
example signs, and in any published final products and visual presentations, web site
information, collateral materials, newsletters, and news releases.
14. Project Records
Grantee will maintain all fiscal Project Records in accordance with generally accepted
accounting principles. Grantee must make records available to Metro and its authorized
representatives, including but not limited to the staff of any department, at reasonable
times and places regardless of whether litigation has been filed on any claims.
15. Public Records Law
All Project Records are public records subject to disclosure under Oregon Public
Records Law unless otherwise exempt.
16. Indemnification
Subject to the limitations and conditions of the Oregon Constitution and the Oregon Tort
Claims Act, Grantee will indemnify, defend, and hold Metro and Metro’s agents,
employees, and elected officials harmless from any and all claims, demands, damages,
Page 5 of 9
Grant Agreement – Nature in Neighborhoods
Page 201 of 224
Intergovernmental Grant Agreement
2019 Parks and Nature Bond Measure
Nature in Neighborhoods Community Choice Grants
Metro Contract Number ____________
actions, losses, and expenses, including attorney's fees, arising out of or in any way
connected with the performance of this Agreement by the Grantee or the Grantee’s
officers, agents, or employees.
17. Insurance
Grantee agrees to maintain insurance levels, or self-insurance in accordance with
state law, for the duration of this Agreement to levels necessary to protect against
public body liability.
18. Termination
Metro may terminate this Agreement, in full or in part, at any time during the term of
this Agreement 7 days after providing notice to Grantee of Metro’s intent to terminate.
Metro may terminate this Agreement, in full or in part, at any time during the term of
this Agreement if Metro reasonably determines that Grantee has failed to comply with
any provision of this Agreement and is therefore in default. Upon termination, Metro
may immediately withhold or suspend future distributions of bond funds in addition to
any other rights and remedies set forth in this Agreement or available at law or in
equity.
Notwithstanding any termination for cause, Grantee will be entitled to receive
payments for any work completed or for which Grantee was contractually obligated on
the date that Metro provided written notice of default.
Grantee will be liable to Metro for all reasonable costs and damages incurred by Metro
from the default.
19. Joint Termination for Convenience
Metro and the Grantee may jointly terminate all or part of this Agreement
termination is in the public interest. Termination under this provision will be effective
with a written termination agreement signed by both parties.
20. Dispute Resolution
The Parties will negotiate in good faith to resolve any dispute arising out of this
Agreement. If the Parties are unable to resolve any dispute within 14 days, the Parties
Page 6 of 9
Grant Agreement – Nature in Neighborhoods
Page 202 of 224
Intergovernmental Grant Agreement
2019 Parks and Nature Bond Measure
Nature in Neighborhoods Community Choice Grants
Metro Contract Number ____________
will attempt to settle any dispute through mediation. The Parties will attempt to agree on
a single mediator. The parties will share the cost of mediation equally.
21. Independent Contractor Status
The Grantee is an independent contractor for all purposes and is entitled only to the
compensation provided for in this Agreement. The Grantee is not an employee of
Metro. The Grantee must provide all tools or equipment necessary to carry out this
Agreement and will exercise complete control in achieving the results specified in the
Scope of Work.
The Grantee is solely responsible for its performance under this Agreement and the
quality of its work; for obtaining and maintaining all licenses and certifications necessary
to carry out this Agreement; for payment of any fees, taxes, royalties, or other expenses
necessary to complete the work except as otherwise specified in the Scope of Work;
and for meeting all other requirements of law in carrying out this Agreement.
22. Notices
Any notices permitted or required by this Agreement must be in writing to the email
addresses below.
City of Forest Grove
Attn: Anne Lane
1924 Council St
Forest Grove, OR 97116
Email: [email protected]
Metro
Attn: Gabrielle Brown
Metro Regional Center
600 NE Grand Ave
Portland, OR 97232
Email: [email protected]
23. Oregon Law; Forum
This Agreement will be construed according to the laws of the State of Oregon. Any
litigation between Metro and Grantee arising under this Agreement will occur, if in the
Page 7 of 9
Grant Agreement – Nature in Neighborhoods
Page 203 of 224
Intergovernmental Grant Agreement
2019 Parks and Nature Bond Measure
Nature in Neighborhoods Community Choice Grants
Metro Contract Number ____________
state courts, in the Multnomah County Circuit Court, and if in the federal courts, in the
United States District Court for the District of Oregon located in Portland, Oregon.
24. Assignment; Entire Agreement; Merger; Waiver
This Agreement is binding on each Party, its successors, assigns, and legal
representatives and may not, under any circumstance, be assigned or transferred by
Grantee without Metro’s written consent, which may be withheld in Metro’s sole
discretion. This Agreement and attachments are the entire agreement between the
Parties. The failure to enforce any provision of this Agreement does not constitute a
waiver by either Party of that or any other provision. Any waiver of any breach is not a
waiver of any succeeding breach or a waiver of any provision.
25. Amendment
The Parties may amend this Agreement only by written amendment signed by both
Parties.
26. No Third-Party Beneficiaries
Grantee and Metro are the only parties to this Agreement and are the only parties
entitled to enforce its terms and the sole beneficiaries.
27. Limitations
This Agreement is expressly subject to the limitations of the Oregon Tort Claims Act and
is contingent upon appropriation of funds. Any provision of this Agreement that conflicts
with the above-referenced laws are deemed invalid and unenforceable.
28. Severability
If any clause, sentence or any other portion of the terms and conditions of this
Agreement becomes illegal, null or void for any reason, the remaining portions will
remain in effect.
Page 8 of 9
Grant Agreement – Nature in Neighborhoods
Page 204 of 224
Intergovernmental Grant Agreement
2019 Parks and Nature Bond Measure
Nature in Neighborhoods Community Choice Grants
Metro Contract Number ____________
29. Authority
The representatives signing on behalf of the Parties certify they are authorized by the
Party for whom they sign to make this Agreement.
The Parties have executed this Agreement as of the Effective Date.
Metro
City of Forest Grove
By:
By:
Name:
Name:
Title:
Title:
Date:
Date:
Page 9 of 9
Grant Agreement – Nature in Neighborhoods
Page 205 of 224
EXHIBIT A
SCOPE OF WORK
Project Budget and Statement of Work
In addition to the Project Budget and Statement of Work below, grantee is subject to the terms
and conditions, including reporting and reimbursement requirements, as defined in the
program and post-award handbooks. Metro’s program manager is also available for questions
regarding reporting and reimbursement requirements.
Reimbursement requests, submitted via Temelio, are required at the end of each fiscal year,
and can be submitted as frequently as quarterly.
Reports, submitted via Temelio, are required semi-annually, at the end of June and the end of
December, but can be submitted more frequently if desired. Please refer to the details in the
Post-Award Handbook, in the section titled Reimbursement and Reporting Requirements.
Page 1 of 3
Exhibit A
Page 206 of 224
PROJECT:
1. Project Name: Re-Indigenizing the Forest Grove Loop Trail
2. Project Description: This project would center the Atfalati culture through design elements in
public art and interpretative signs, and restore Oregon white oak habitat.
3. Project Location: Forest Grove Loop Trail
PROJECT DELIVERABLES: The Project will comply with the following.
1. Project Budget:
a. Grant Award Amount: $147,333.33
b. Match Funding: $73,820.33 (minimum match requirement is one dollar for every
two dollars of Metro grant funding)
c. Total Project Budget: $221,153.66
2. Detailed Project Budget:
BUDGET CATEGORIES
Design/Architecture/Engineering
$
Permitting
Land Acquisition & Associated Costs:
$
Appraisals, due diligence, surveying, etc.
Construction: Materials, equipment, 3rd
party labor, etc.
Cultural Resources Expenses
Other (rename following rows based on
'other' in your budget)
Capped (Administrative) Costs:
Jurisdiction staff time, overhead, and
indirect costs as defined by the IGA
Contingency
Volunteer hours X current rate:
https://independentsector.org/research/
value-of-volunteer-time/
TOTAL
$
Award Funds
Reimbursable Expenses
135,000.00
Matching funds
In-Kind Match
Total in Category
Cash Match
$
$
5,000.00 $
$
135,000.00
5,000.00
12,333.33
$
10,500.00 $
10,500.00
$
-
$
14,733.33
12,333.33
$
14,733.33
$
$
10,437.00
33,150.00 $
$
33,150.00
10,437.00
25,170.33 $
48,650.00 $
221,153.66
147,333.33 $
3. Project Timeline:
a. Design, Permitting, Bidding: 0-5 months from date of commencement
b. Construction: 6-9 months from date of commencement
c. Site Activation and Project Performance Assessment: 9-12 months from date of
commencement
4. Payment Schedule:
a. Based on project milestones as outlined in detailed statement of work.
Page 2 of 3
Exhibit A
Page 207 of 224
5. Detailed Statement of Work:
Expect ed Phase or Task
Tim eline
C at egory
2 months
Design
Task
Identify and document
Responsible
Part y
Expect ed D eliverables
Consultant
Map with coordinates
Consultant
Plantings identified on construction
boundaries of project
area
1 month
Design
Identify native plants
and oak trees selection
1 month
Design
Identify appropriate
site map and inventory list
Consultant
public art
1 month
Design
Identify appropriate
site map and inventory list
Consultant
public use amenities
1 month
Construction
Prepare site for
Public art identified on construction
Amenities identified on construction
site map and inventory list
Contractor
Invasives removal
Contractor
Plantings installed per construction
development
1 month
Construction
Install plantings
site map
1 month
Construction
Install temporary
Contractor
irrigation
1 month
Construction
Install site amenities
Temporary irrigation installed per
construction site map
Contractor
Site amenities installed per
construction site map
Page 3 of 3
Exhibit A
Page 208 of 224
EXHIBIT B
Restrictions on Sale and Use
The Restrictions on Sale and Use of Bond Funded Property (“Property”) apply until the end of
the Agreement term. “Property” includes real property and capital improvements.
Restrictions:
Grantee may not sell or change the use of Property unless Grantee certifies the following
to Metro in writing:
a) Grantee's decision to sell or change the use of the Property is the result of
unforeseen circumstances.
b) Grantee's intent, at the time it purchased the Property, was to use the Property in
compliance with bond requirements.
c) Grantee transferred the Property to a non-federal public agency or jurisdiction.
d) Grantee provided Metro written notice of its intent to authorize the sale to a third
party or change Grantee’s use of the Property 180 days before the sale or change
in use.
e) Grantee held at least one public hearing regarding the matter, consistent with its
adopted public meeting procedures, before making a final decision to sell or change
the use of the Property, and adopted a resolution or ordinance that includes
findings that Grantee satisfied the conditions in sections (a)-(d) and has satisfied or
will satisfy its obligations in section (f).
f) Metro approves Grantee's determination of the appraisal value of the Property as
follows:
1. At least 90 days before making a final decision to sell or change the use of the
Property, Grantee will provide Metro with an independent appraisal of the fair
market value of the Property, assuming that the Property was subject to the same
use restrictions as were in place at the time Grantee purchased the Property. The
appraisal must comply with USPAP standards and federal and ODOT right-of-way
acquisition standards, where applicable, and will not be subject to any other
extraordinary assumptions; and
2. No later than 90 days after receiving the appraisal obtained by Grantee, Metro
will inform Grantee whether Metro has approved the appraisal. Metro’s decision will
be made in good faith and based on whether the appraisal is complete and
reasonable. Metro's review will include having the appraisal reviewed by a review
appraiser hired by Metro to conduct a review in accordance with USPAP and
general appraisal standards. If Metro does not approve the appraisal, then Metro
will inform Grantee the reasons for not approving the appraisal and Grantee may
resubmit a revised appraisal to Metro.
Page 1 of 1
Exhibit B
Page 209 of 224
STAFF REPORT TO CITY COUNCIL
TO: City Council
FROM: Jesse VanderZanden, City Manager
MEETING DATE: September 14, 2026
PROJECT TEAM: Anne Lane, Parks & Recreation Director
SUBJECT TITLE: Resolution Approving City Manager to Enter into An Intergovernmental
Agreement with Metro to Receive Nature in Neighborhoods Community
Choice Grant Funding for Wetland Restoration at Kyle Park
ACTION REQUESTED:
Ordinance
Order
X Resolution
Informational
BACKGROUND
Funded through Metro Bond Measure 19-4988, the Nature in Neighborhoods Community Choice
Grants support community-led projects that benefit historically marginalized communities, protect,
and improve water quality and fish and wildlife habitat, support climate resilience, and increase
people’s experience of nature at the community scale.
The Wetland Restoration at Kyle Park project was proposed by the community, and with the support
of designers and city staff, refined and developed the idea, which was then put to a community-wide
vote. The project will provide wetland restoration along Gales Creek at Kyle Park to provide enhanced
habitat for viewing birds and other native species.
FISCAL IMPACT
The $134,333.33 provided by Metro will be deposited into the Parks SDC account. Matching funds
required by the City to complete the project is $67,549.93 and will be funded by the Parks SDC
account.
RECOMMENDATION
Staff recommends adoption of Resolution 2026-45: Resolution Approving the City Manager to Enter
into An Intergovernmental Agreement with Metro to Receive Nature in Neighborhoods Community
Choice Grant Funding for Wetland Restoration at Kyle Park.
ATTACHMENTS
•
•
Resolution 2026-45
Attachment A: Metro Intergovernmental Grant Agreement: Wetland Restoration at Kyle Park
City of Forest Grove | P.O. Box 326 | Forest Grove, OR 97116 | 503-992-3200 | forestgrove-or.gov
Page 210 of 224
RESOLUTION NO. 2026-45
RESOLUTION APPROVING CITY MANAGER TO ENTER INTO AN
INTERGOVERNMENTAL AGREEMENT (IGA) WITH METRO TO RECEIVE NATURE
IN NEIGHBORHOODS COMMUNITY CHOICE GRANT FUNDING FOR WETLAND
RESTORATION AT KYLE PARK
WHEREAS, the electors of Metro approved Bond Measure 19-4988 in 2019 that
authorized Metro to issue $475 million in general obligation bonds to preserve natural
areas, clean water, and protect fish and wildlife; and
WHEREAS, the Measure provides that Metro distribute up to $40 million of bond
funds for community-led capital construction projects that protect and improve water quality
and fish and wildlife habitat, support climate resiliency, and increase people’s experience of
nature; and
WHEREAS, the City of Forest Grove is a local jurisdiction awarded $134,333.33 in
Metro Nature in Neighborhoods Capital Grant program funds; and
WHEREAS, the Wetland Restoration at Kyle Park project will provide wetland
restoration along Gales Creek at Kyle Park to provide enhanced habitat for viewing birds
and other native species; and
WHEREAS, an IGA has been prepared describing the statement of work and other
terms and conditions to be followed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF FOREST GROVE AS
FOLLOWS:
Section 1. The City Council hereby approves an Intergovernmental Agreement
between the City and Metro (attachment A), for receipt of $134,333.33 of Metro Nature In
Neighborhoods Community Choice Grant funds for the Wetland Restoration at Kyle Park
project, and authorizes the City Manager to execute the agreement.
Section 2.
Council.
This resolution is effective immediately upon its enactment by the City
PRESENTED AND PASSED this 14th day of September, 2026.
_____________________________________
Mariah S. Woods, City Recorder
APPROVED by the Mayor this 14th day of September, 2026.
_____________________________________
Malynda H. Wenzl, Mayor
Page 211 of 224
Intergovernmental Grant Agreement
2019 Parks and Nature Bond Measure
Nature in Neighborhoods Community Choice Grants
Metro Contract Number ____________
INTERGOVERNMENTAL GRANT AGREEMENT
Wetland Restoration at Kyle Park
This Grant Agreement (Agreement) is entered under the provisions of ORS Chapter
190 by and between Metro, a metropolitan service district organized under the laws
of the state of Oregon and the Metro Charter, and the City of Forest Grove.
BACKGROUND
The electors of Metro approved Bond Measure 19-4988 on November 5, 2019
authorizing Metro to issue $475 million in general obligation bonds to preserve natural
areas, clean water, and protect fish and wildlife. The Measure provides that Metro will
distribute up to $40 million of bond funds for community-led capital construction
projects. These projects will protect and improve water quality and fish and wildlife
habitat, support climate resiliency, and increase people’s experience of nature. The
grant program is funded with taxable bond measure proceeds.
Funded through the 2019 bond measure, the Nature in Neighborhoods Community
Choice Grants uses a novel participatory approach that gives community members a
direct voice in choosing the projects to recommend for funding in their communities. A
Program Design and Review Committee composed of community members and Metro
staff designed the program and ultimately recommended $2.3 million in grant funding
to the Metro Council for projects proposed and approved by community members.
The Nature in Neighborhoods Community Choice Grants will support community-led
projects that benefit historically marginalized communities, protect, and improve water
quality and fish and wildlife habitat, support climate resilience, and increase people’s
experience of nature at the community scale. Chosen projects will emphasize
community engagement, racial equity and climate resilience and meet the
requirements of the 2019 Parks and Natural Areas bond measure for capital grants.
Community members proposed the project ideas, and with the support of
designers and partner staff, refined and developed those project ideas, which were
then put to a community-wide vote. The projects with the most votes were
recommended for funding by the Program Design and Review Committee. On
February 22nd, 2024, the Metro Council approved the Project by Resolution No. 245373. This project will provide wetland restoration along Gales Creek at Kyle
Page 1 of 9
Grant Agreement – Nature in Neighborhoods
Page 212 of 224
Intergovernmental Grant Agreement
2019 Parks and Nature Bond Measure
Nature in Neighborhoods Community Choice Grants
Metro Contract Number ____________
Recreation Area in Forest Grove to provide enhanced habitat for viewing birds and
other native species.
AGREEMENT
1. Term
This Agreement is effective on July 1st, 2026, and terminates on December 31, 2050.
Grantee must complete all work in the Scope of Work by June 30th, 2029, unless
terminated or extended. By written amendment the parties may extend the time to
complete the Scope of Work no more than 2 years, for a total time of 5 years.
2. Scope of Work
This Agreement establishes responsibilities of the parties concerning this project.
Work will be performed pursuant to the Scope of Work, Exhibit A, which is
incorporated into this Agreement. Metro will disburse funds to the Grantee as set forth
in the Scope of Work. Also attached to this Agreement and incorporated into this
Agreement is Exhibit B (Restrictions on Sale and Use).
3. Grant Amount
Metro will provide up to $134,333.33 to Grantee for the Project. Grantee may use funds
only for work completed on the project during the term of this Agreement.
4. Sufficient Funds
Metro certifies that at the time this Agreement is executed sufficient funds are available
and authorized for expenditure to finance costs of this Agreement.
5. Forfeiture of Unspent Funds
If Grantee fails to start or complete the Project or completes the Project without
spending all funds, Metro will retain all funds not expended and Grantee must repay any
funds received in advance of expenditures.
Page 2 of 9
Grant Agreement – Nature in Neighborhoods
Page 213 of 224
Intergovernmental Grant Agreement
2019 Parks and Nature Bond Measure
Nature in Neighborhoods Community Choice Grants
Metro Contract Number ____________
6. Capital Project and Related Covenants
In compliance with the Measure, Metro granted funds to Grantee to use for capital
expenses related to the Project. Grantee will own the capital asset resulting from the
Project and located on the Property. Grantee will value the Project as a capital asset in
an amount no less than the grant amount awarded to Grantee. Grantee covenants that
it will (a) own and hold all such capital improvements acquired pursuant to this
Agreement, and (b) record the asset created by the Project as a fixed, capital asset in
the Grantee’s audited financial statement, consistent with generally accepted
accounting principles and with the Grantee’s financial bookkeeping of other similar
assets.
7. Limit on Administrative Capital Expenses
Grantee may seek reimbursement of administrative capital expenses. The requested
reimbursement must not exceed 10% of the total grant amount. Grantee must track and
report on the amount of administrative capital expenses.
8. Limitations on Use of Property
Grantee will maintain and operate the portion of the Property upon which the Project is
located (Project Area) and all capital improvements constructed with bond funds
consistent with one or more of the bond purposes and principles. The Project Area must
be maintained to protect water quality and wildlife habitat for generations to come,
support climate resiliency, or increase people’s experience of nature at the community
scale.
Metro may permit secondary use of the Project Area only where the secondary use
affects a negligible portion of the Property Area or where necessary to operate the
Project Area consistent with Measure principles. The secondary use must not interfere
with the requirement to comply with Measure purposes and principles.
Grantee may not sell the Property or authorize use of the Project Area in a manner not
consistent with Measure purposes without agreement in writing from Metro after
following the requirements of Exhibit B.
Page 3 of 9
Grant Agreement – Nature in Neighborhoods
Page 214 of 224
Intergovernmental Grant Agreement
2019 Parks and Nature Bond Measure
Nature in Neighborhoods Community Choice Grants
Metro Contract Number ____________
9. Oregon Constitution and General Obligation Bond Covenants
Grantee acknowledges that Metro's source of funds for this Agreement is from the sale
of voter-approved general obligation bonds that are to be repaid using ad valorem
property taxes. Grantee will not take any action that would jeopardize Metro’s general
obligation bond and will use all bond funds to pay for or reimburse costs that are of a
type that are properly chargeable to a capital cost (or would be so chargeable with a
proper election) to comply with the Oregon Constitution and other applicable laws with
respect to the permitted expenditure of general obligation bond proceeds. If Grantee
breaches these covenants, Grantee will take remedies to cure the default and to
compensate Metro for any loss it may suffer as a result.
10. Federal, State, and Local Law Compliance
The Grantee must comply with all applicable federal, state, and local laws, regulations,
executive orders and ordinances applicable to the work under this Agreement, including
without limitation the acquisition of any required permits. All conditions imposed on the
Grantee by federal, state, regional, or local governments having jurisdiction over
Grantee are part of this Agreement. Any violation of these conditions, or any violation of
criminal law, may be cause for immediate termination of this Agreement.
11. Prevailing Wage Rate Laws
If the Project is a public work subject to the prevailing wage rate (PWR) laws (ORS
279C.800 to 279C.875 and related administrative rules) as regulated by the Oregon
Bureau of Labor and Industries (BOLI), Grantee and every subcontractor must comply
with all applicable state law and administrative rule provisions.
If the Project is a public work, Grantee must comply with all applicable prevailing wage
laws and rules, including without limitation (1) payment of the Public Works Bond and
(2) the requirement that all contracts and subcontracts include:
•
A provision stating the applicable state prevailing wage rates and any applicable
prevailing wage rate amendments, including the title and date of any applicable
BOLI publication;
•
a provision requiring that all workers be paid not less than the prevailing wage;
and
Page 4 of 9
Grant Agreement – Nature in Neighborhoods
Page 215 of 224
Intergovernmental Grant Agreement
2019 Parks and Nature Bond Measure
Nature in Neighborhoods Community Choice Grants
Metro Contract Number ____________
•
if the Project is subject to both PWR laws and the federal Davis-Bacon Act (40
U.S.C. 3141), a provision that all workers must be paid not less than the higher
of the state and federal prevailing wage.
If Grantee believes that the Project is not subject to PWR laws, Grantee must inform
Metro before contracting for work on the Project. If necessary, Metro will seek a
predetermination letter from BOLI to confirm whether the Project is subject to PWR.
12. Discrimination Prohibited
Grantee must not exclude any person from participation in the Project or discriminate on
the grounds of race, color, or national origin, or on the grounds of religion, sex, ancestry,
age, or disability against any person related to any program or activity funded in whole or
in part with the grant funds.
13. Funding Recognition
Grantee will recognize Metro and the source of funding from the Measure in any
publications, media presentations, or other presentations relating to or describing the
Project. Grantee may include recognition of Metro on on-site documentation, for
example signs, and in any published final products and visual presentations, web site
information, collateral materials, newsletters, and news releases.
14. Project Records
Grantee will maintain all fiscal Project Records in accordance with generally accepted
accounting principles. Grantee must make records available to Metro and its authorized
representatives, including but not limited to the staff of any department, at reasonable
times and places regardless of whether litigation has been filed on any claims.
15. Public Records Law
All Project Records are public records subject to disclosure under Oregon Public
Records Law unless otherwise exempt.
16. Indemnification
Subject to the limitations and conditions of the Oregon Constitution and the Oregon Tort
Claims Act, Grantee will indemnify, defend, and hold Metro and Metro’s agents,
employees, and elected officials harmless from any and all claims, demands, damages,
Page 5 of 9
Grant Agreement – Nature in Neighborhoods
Page 216 of 224
Intergovernmental Grant Agreement
2019 Parks and Nature Bond Measure
Nature in Neighborhoods Community Choice Grants
Metro Contract Number ____________
actions, losses, and expenses, including attorney's fees, arising out of or in any way
connected with the performance of this Agreement by the Grantee or the Grantee’s
officers, agents, or employees.
17. Insurance
Grantee agrees to maintain insurance levels, or self-insurance in accordance with
state law, for the duration of this Agreement to levels necessary to protect against
public body liability.
18. Termination
Metro may terminate this Agreement, in full or in part, at any time during the term of
this Agreement 7 days after providing notice to Grantee of Metro’s intent to terminate.
Metro may terminate this Agreement, in full or in part, at any time during the term of
this Agreement if Metro reasonably determines that Grantee has failed to comply with
any provision of this Agreement and is therefore in default. Upon termination, Metro
may immediately withhold or suspend future distributions of bond funds in addition to
any other rights and remedies set forth in this Agreement or available at law or in
equity.
Notwithstanding any termination for cause, Grantee will be entitled to receive
payments for any work completed or for which Grantee was contractually obligated on
the date that Metro provided written notice of default.
Grantee will be liable to Metro for all reasonable costs and damages incurred by Metro
from the default.
19. Joint Termination for Convenience
Metro and the Grantee may jointly terminate all or part of this Agreement
termination is in the public interest. Termination under this provision will be effective
with a written termination agreement signed by both parties.
20. Dispute Resolution
The Parties will negotiate in good faith to resolve any dispute arising out of this
Agreement. If the Parties are unable to resolve any dispute within 14 days, the Parties
Page 6 of 9
Grant Agreement – Nature in Neighborhoods
Page 217 of 224
Intergovernmental Grant Agreement
2019 Parks and Nature Bond Measure
Nature in Neighborhoods Community Choice Grants
Metro Contract Number ____________
will attempt to settle any dispute through mediation. The Parties will attempt to agree on
a single mediator. The parties will share the cost of mediation equally.
21. Independent Contractor Status
The Grantee is an independent contractor for all purposes and is entitled only to the
compensation provided for in this Agreement. The Grantee is not an employee of
Metro. The Grantee must provide all tools or equipment necessary to carry out this
Agreement and will exercise complete control in achieving the results specified in the
Scope of Work.
The Grantee is solely responsible for its performance under this Agreement and the
quality of its work; for obtaining and maintaining all licenses and certifications necessary
to carry out this Agreement; for payment of any fees, taxes, royalties, or other expenses
necessary to complete the work except as otherwise specified in the Scope of Work;
and for meeting all other requirements of law in carrying out this Agreement.
22. Notices
Any notices permitted or required by this Agreement must be in writing to the email
addresses below.
City of Forest Grove
Attn: Anne Lane
1924 Council St
Forest Grove, OR 97116
Email: [email protected]
Metro
Attn: Gabrielle Brown
Metro Regional Center
600 NE Grand Ave
Portland, OR 97232
Email: [email protected]
23. Oregon Law; Forum
This Agreement will be construed according to the laws of the State of Oregon. Any
litigation between Metro and Grantee arising under this Agreement will occur, if in the
Page 7 of 9
Grant Agreement – Nature in Neighborhoods
Page 218 of 224
Intergovernmental Grant Agreement
2019 Parks and Nature Bond Measure
Nature in Neighborhoods Community Choice Grants
Metro Contract Number ____________
state courts, in the Multnomah County Circuit Court, and if in the federal courts, in the
United States District Court for the District of Oregon located in Portland, Oregon.
24. Assignment; Entire Agreement; Merger; Waiver
This Agreement is binding on each Party, its successors, assigns, and legal
representatives and may not, under any circumstance, be assigned or transferred by
Grantee without Metro’s written consent, which may be withheld in Metro’s sole
discretion. This Agreement and attachments are the entire agreement between the
Parties. The failure to enforce any provision of this Agreement does not constitute a
waiver by either Party of that or any other provision. Any waiver of any breach is not a
waiver of any succeeding breach or a waiver of any provision.
25. Amendment
The Parties may amend this Agreement only by written amendment signed by both
Parties.
26. No Third-Party Beneficiaries
Grantee and Metro are the only parties to this Agreement and are the only parties
entitled to enforce its terms and the sole beneficiaries.
27. Limitations
This Agreement is expressly subject to the limitations of the Oregon Tort Claims Act and
is contingent upon appropriation of funds. Any provision of this Agreement that conflicts
with the above-referenced laws are deemed invalid and unenforceable.
28. Severability
If any clause, sentence or any other portion of the terms and conditions of this
Agreement becomes illegal, null or void for any reason, the remaining portions will
remain in effect.
Page 8 of 9
Grant Agreement – Nature in Neighborhoods
Page 219 of 224
Intergovernmental Grant Agreement
2019 Parks and Nature Bond Measure
Nature in Neighborhoods Community Choice Grants
Metro Contract Number ____________
29. Authority
The representatives signing on behalf of the Parties certify they are authorized by the
Party for whom they sign to make this Agreement.
The Parties have executed this Agreement as of the Effective Date.
Metro
City of Forest Grove
By:
By:
Name:
Name:
Title:
Title:
Date:
Date:
Page 9 of 9
Grant Agreement – Nature in Neighborhoods
Page 220 of 224
EXHIBIT A
SCOPE OF WORK
Project Budget and Statement of Work
In addition to the Project Budget and Statement of Work below, grantee is subject to the terms
and conditions, including reporting and reimbursement requirements, as defined in the
program and post-award handbooks. Metro’s program manager is also available for questions
regarding reporting and reimbursement requirements.
Reimbursement requests, submitted via Temelio, are required at the end of each fiscal year,
and can be submitted as frequently as quarterly.
Reports, submitted via Temelio, are required semi-annually, at the end of June and the end of
December, but can be submitted more frequently if desired. Please refer to the details in the
Post-Award Handbook, in the section titled Reimbursement and Reporting Requirements.
Page 1 of 3
Exhibit A
Page 221 of 224
PROJECT:
1. Project Name: Wetland Restoration at Kyle Park
2. Project Description: This project would provide wetland restoration along Gales Creek at Kyle
Recreation Area in Forest Grove to provide enhanced habitat for viewing birds and other
native species.
3. Project Location: Kyle Park
PROJECT DELIVERABLES: The Project will comply with the following.
1. Project Budget:
a. Grant Award Amount: $134,333.33
b. Match Funding: $67,549.93 (minimum match requirement is one dollar for every
two dollars of Metro grant funding)
c. Total Project Budget: $201,883.26
2. Detailed Project Budget:
BUDGET CATEGORIES
Design/Architecture/Engineering
$
Permitting
Land Acquisition & Associated Costs:
$
Appraisals, due diligence, surveying, etc.
Construction: Materials, equipment, 3rd
party labor, etc.
Cultural Resources Expenses
Other (rename following rows based on
'other' in your budget)
Capped (Administrative) Costs:
Jurisdiction staff time, overhead, and
indirect costs as defined by the IGA
Contingency
Volunteer hours X current rate:
https://independentsector.org/research/
value-of-volunteer-time/
TOTAL
$
Matching funds
Award Funds
Reimbursable Expenses
130,000.00
In-Kind Match
Total in Category
Cash Match
$
$
20,000.00 $
$
130,000.00
20,000.00
4,333.33
$
2,500.00 $
2,500.00
$
-
$
13,433.33
$
$1,391.60
30,225.00 $
$
30,225.00
1,391.60
14,824.93 $
52,725.00 $
201,883.26
4,333.33
$
134,333.33 $
13,433.33
3. Project Timeline:
a. Design, Permitting, Bidding: 0-5 months from date of commencement
b. Construction: 6-9 months from date of commencement
c. Site Activation and Project Performance Assessment: 9-12 months from date of
commencement
4. Payment Schedule:
a. Based on project milestones as outlined in detailed statement of work.
Page 2 of 3
Exhibit A
Page 222 of 224
5. Detailed Statement of Work:
Expect ed
Tim eline
Phase or Task
C at egory
Design
Task
Identify and document
Responsible
Part y
Expect ed D eliverables
Consultant
Map with coordinates
Consultant
Plantings identified on
boundaries of project
area
Design
Identify wetland
plantings selection
construction site map and
inventory list
Design
Identify bird habitat
Consultant
support opportunities
Habitat boxes identified on
construction site map and
inventory list
Design
Identify appropriate
Consultant
public use amenities
Amenities identified on
construction site map and
inventory list
Construction
Prepare site for
Contractor
Invasives removal
Contractor
Plantings installed per
development
Construction
Install plantings
construction site map
Construction
Install temporary
Contractor
irrigation
Temporary irrigation
installed per construction
site map
Construction
Install site amenities
Contractor
Site amenities installed per
construction site map
Page 3 of 3
Exhibit A
Page 223 of 224
EXHIBIT B
Restrictions on Sale and Use
The Restrictions on Sale and Use of Bond Funded Property (“Property”) apply until the end of
the Agreement term. “Property” includes real property and capital improvements.
Restrictions:
Grantee may not sell or change the use of Property unless Grantee certifies the following
to Metro in writing:
a) Grantee's decision to sell or change the use of the Property is the result of
unforeseen circumstances.
b) Grantee's intent, at the time it purchased the Property, was to use the Property in
compliance with bond requirements.
c) Grantee transferred the Property to a non-federal public agency or jurisdiction.
d) Grantee provided Metro written notice of its intent to authorize the sale to a third
party or change Grantee’s use of the Property 180 days before the sale or change
in use.
e) Grantee held at least one public hearing regarding the matter, consistent with its
adopted public meeting procedures, before making a final decision to sell or change
the use of the Property, and adopted a resolution or ordinance that includes
findings that Grantee satisfied the conditions in sections (a)-(d) and has satisfied or
will satisfy its obligations in section (f).
f) Metro approves Grantee's determination of the appraisal value of the Property as
follows:
1. At least 90 days before making a final decision to sell or change the use of the
Property, Grantee will provide Metro with an independent appraisal of the fair
market value of the Property, assuming that the Property was subject to the same
use restrictions as were in place at the time Grantee purchased the Property. The
appraisal must comply with USPAP standards and federal and ODOT right-of-way
acquisition standards, where applicable, and will not be subject to any other
extraordinary assumptions; and
2. No later than 90 days after receiving the appraisal obtained by Grantee, Metro
will inform Grantee whether Metro has approved the appraisal. Metro’s decision will
be made in good faith and based on whether the appraisal is complete and
reasonable. Metro's review will include having the appraisal reviewed by a review
appraiser hired by Metro to conduct a review in accordance with USPAP and
general appraisal standards. If Metro does not approve the appraisal, then Metro
will inform Grantee the reasons for not approving the appraisal and Grantee may
resubmit a revised appraisal to Metro.
Page 1 of 1
Exhibit B
Page 224 of 224
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