August 22, 2022 Agenda ERIC SWENSON,MAYOR
CITY OF WOODBURN DEBBIE CABRALES,COUNCILOR WARD I
ALICE SWANSON,COUNCILOR WARD II
CITY COUNCIL AGENDA ROBERT CARNEY,COUNCILOR WARD III
SHARON SCHAUB,COUNCILOR WARD IV
MARY BETH CORNWELL,COUNCILOR WARD V
/AUGUST 22, 2022— 7:00 P.M. BENITO PUENTE JR.,COUNCILOR WARD VI
CITY HALL COUNCIL CHAMBERS-270 MONTGOMERY STREET
1. CALL TO ORDER AND FLAG SALUTE
2. ROLL CALL
3. ANNOUNCEMENTS AND APPOINTMENTS
Announcements:
None.
4. COMMUNITY/GOVERNMENT ORGANIZATIONS
None.
5. PROCLAMATIONS/PRESENTATIONS
Proclamations:
None.
Presentations:
A. Oregon Land Use Training for Decision Makers
6. COMMUNICATIONS
None.
7. BUSINESS FROM THE PUBLIC - This allows the public to introduce items for Council
consideration not already scheduled on the agenda.
8. CONSENT AGENDA - Items listed on the consent agenda are considered routine
and may be adopted by one motion. Any item may be removed for discussion
at the request of a Council member.
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Si usted necesita asistencia especial, comuniquese al 503-980-6322 o a la linea telef6nica gratuita, (800)
735-1232, con un minimo de 48 horas, antes de la reuni6n.
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August 22, 2022 Council Agenda Page i
A. Woodburn City Council Meeting minutes of August 8, 2022 1
Recommended Action: Approve the minutes.
B. Crime Statistics through July 2022 5
Recommended Action: Receive the report.
9. TABLED BUSINESS
None.
10. PUBLIC HEARINGS
None.
11. GENERAL BUSINESS-Members of the public wishing to comment on items of general
business must complete and submit a speaker's card to the City Recorder prior to
commencing this portion of the Council's agenda. Comment time may be limited
by Mayoral prerogative.
A. Council Bill No. 3196 - A Resolution Adopting an Updated Section 3 10
Plan to Comply with 24 CFR, Part 135 of the United States Department of
Housing and Urban Development Section 3 Regulations; a Limited
English Proficiency (LEP) Language Access Plan; a Policy of
Nondiscrimination on the Basis of Disability Status; and Repealing
Previously Adopted Plans and Policies
Recommended Action: Adopt a Resolution updating the City's Policy
of Non-Discrimination on the Basis of Disability Status, updating the
City's Limited English Proficiency (LEP) Language Access Plan, and
updating the City's Section 3 Plan.
B. Award of Construction Contract for the Concession Stand 42
Rehabilitation and Reroof as part of the Legion Park Improvement
Project
Recommended Action: Award a Construction Contract to Nataly's
Construction LLC for the Concession Stand Rehabilitation at Legion
Park in the amount of $85,858.00 and authorize the City Administrator
to sign the Agreement.
12. OTHER BUSINESS
None.
August 22, 2022 Council Agenda Page ii
13. PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS - These are
Planning Commission or Administrative Land Use actions that may be called up
by the City Council.
None.
14. CITY ADMINISTRATOR'S REPORT
15. MAYOR AND COUNCIL REPORTS
16. EXECUTIVE SESSION
A. To conduct deliberations with persons designated by the governing body to
negotiate real property transactions pursuant to ORS 192.660(2)(e).
17. ADJOURNMENT
August 22, 2022 Council Agenda Page iii
COUNCIL MEETING MINUTES
August 8, 2022
DATE COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF
MARION, STATE OF OREGON,AUGUST 8, 2022
CONVENED The meeting convened at 7:05 p.m. with Mayor Swenson presiding.
ROLL CALL
Mayor Swenson Present
Councilor Carney Present
Councilor Cornwell Present
Councilor Schaub Present
Councilor Swanson Present
Councilor Puente Present
Councilor Cabrales Present —via video conferencing
Staff Present: City Administrator Derickson, Assistant City Attorney Granum, Assistant City
Administrator Row, Deputy Chief Millican, Public Works Director Stultz, Community Services
Director Cuomo, Community Development Director Kerr, Community Relations Manager
Guerrero, Economic Development Director Johnk, Special Projects Director Wakely, Senior
Planner Cortes, Finance Director Turley, Human Resources Director Gregg, Planner Handel,
Public Affairs and Communications Coordinator Moore, City Recorder Pierson
PRESENTATION
DevNW — Community Relations Manager Guerrero and Ann Hamilton, DevNW, provided an
update on the Woodburn Mortgage Assistance Program.
Rental Assistance - Community Relations Manager Guerrero provided an update on the Rental
Assistance program.
Houseless Response—Community Services Director Cuomo spoke about the process to find the
right organization to work with. Deputy Chief Millican spoke about the benefit of joining with
Mid-Willamette Valley Community Action Agency. Robert Marshall, Mid-Willamette Valley
Community Action Agency,provided a presentation on the houseless response team and how they
will collaborate with police.
New City Seal Proposal—Public Affairs and Communications Coordinator Moore presented the
Council with a proposal for a new City Seal. The Council provided comments and asked that a
couple of different versions come back for Council to review.
CONSENT AGENDA
A. Woodburn City Council Meeting minutes of July 25, 2022,
B. Crime Statistics through June 2022,
C. Acceptance of a Public Utility Easement on 2515 Country Club Rd. Woodburn OR, 97071
(Tax Lot 052W 12AD18600),
D. American Rescue Plan Act(ARPA) Agreement with A Ray of Hope, Today! for the
Emergency Clothing and Supplies Program,
E. American Rescue Plan Act(ARPA) Agreement with the Woodburn Area Chamber of
Commerce for the Woodburn Business Resource Center,
F. Cooperative Improvement Agreement for the Construction of the OR 219/Butteville Road
Roundabout,
Page 1 - Council Meeting Minutes, August 8, 2022
1
COUNCIL MEETING MINUTES
August 8, 2022
G. Building Activity for July 2022.
Carney/Schaub... adopt the Consent Agenda. The motion passed unanimously.
COUNCIL BILL NO. 3191 - AN ORDINANCE ANNEXING APPROXIMATELY 39.21
ACRES OF TERRITORY KNOWN AS THE OREGON GOLF ASSOCIATION (OGA)
PROPERTY WITH NO STREET ADDRESS INTO THE CITY OF WOODBURN,
LOCATED ALONG THE EAST SIDE OF BOONES FERRY ROAD NE NORTH OF
HAZELNUT DRIVE, MARION COUNTY, OREGON
Carney introduced Council Bill No. 3191. City Recorder Pierson read the bill twice by title only
since there were no objections from the Council. Councilor Swanson stated that she was absent
during the public hearing on this matter but has reviewed the record and intends to vote. Councilor
Cabrales stated that she was absent during the public hearing on this matter and has not had a
chance to review the record so she will not participate in the decision making process and will
abstain from voting on this matter. On roll call vote for final passage, the bill passed 5-0-1 with
Councilor Cabrales abstaining. Mayor Swenson declared Council Bill No. 3191 duly passed.
COUNCIL BILL NO. 3192—AN ORDINANCE AMENDING THE WOODBURN ZONING
MAP TO DESIGNATE ZONING OF APPROXIMATELY 39.21 ACRES OF ANNEXED
TERRITORY KNOWN AS THE OREGON GOLF ASSOCIATION (OGA) PROPERTY
WITH NO STREET ADDRESS, LOCATED ALONG THE EAST SIDE OF BOONES
FERRY ROAD NE NORTH OF HAZELNUT DRIVE, MARION COUNTY, OREGON AS
RESIDENTIAL SINGLE FAMILY (RS), PUBLIC AND SEMI-PUBLIC (P/SP), AND
RIPARIAN CORRIDOR AND WETLANDS OVERLAY DISTRICT (RCWOD)) ZONING
DISTRICTS
Carney introduced Council Bill No. 3192. City Recorder Pierson read the bill twice by title only
since there were no objections from the Council. Councilor Swanson stated that she was absent
during the public hearing on this matter but has reviewed the record and intends to vote. Councilor
Cabrales stated that she was absent during the public hearing on this matter and has not had a
chance to review the record so she will abstain from voting on this matter. On roll call vote for
final passage, the bill passed 5-0-1 with Councilor Cabrales abstaining. Mayor Swenson declared
Council Bill No. 3192 duly passed.
APPROVAL OF FINAL DECISION DOCUMENT FOR MARION POINTE
Carney/Swanson... authorize the Mayor to sign the Final Order approving the Marion Pointe
Planned Unit Development(PUD 22-02)with the conditions of approval. The motion passed 5-0-
1 with Councilor Cabrales abstaining.
COUNCIL BILL NO. 3193 —AN ORDINANCE DECLARING A BAN ON PSILOCYBIN
SERVICE CENTERS AND THE MANUFACTURE OF PSILOCYBIN PRODUCTS
Carney introduced Council Bill No. 3193. City Recorder Pierson read the bill twice by title only
since there were no objections from the Council. Assistant City Attorney Granum provided a staff
report. On roll call vote for final passage, the bill passed unanimously. Mayor Swenson declared
Council Bill No. 3193 duly passed.
COUNCIL BILL NO. 3194 — A RESOLUTION APPROVING REFERRAL TO THE
ELECTORS OF THE CITY OF WOODBURN THE QUESTION OF PROHIBITING
PSILOCYBIN-RELATED BUSINESSES WITHIN THE CITY OF WOODBURN;
ADOPTING A BALLOT TITLE AND EXPLANATORY STATEMENT; AND
AUTHORIZING ALL STEPS NECESSARY TO EFFECTUATE THIS RESOLUTION
Carney introduced Council Bill No. 3194. City Recorder Pierson read the bill by title only since
Page 2 - Council Meeting Minutes, August 8, 2022
2
COUNCIL MEETING MINUTES
August 8, 2022
there were no objections from the Council.Assistant City Attorney Granum provided a staff report.
On roll call vote for final passage, the bill passed unanimously. Mayor Swenson declared Council
Bill No. 3194 duly passed.
COUNCIL BILL NO. 3195 — A RESOLUTION AUTHORIZING EXECUTION OF A
COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF WOODBURN
AND THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL
EMPLOYEES (AFSCME) LOCAL 642 FOR A CONTRACT BEGINNING JULY 1, 2022
AND ENDING JUNE 30, 2025
Carney introduced Council Bill No. 3195. City Recorder Pierson read the bill by title only since
there were no objections from the Council. City Administrator Derickson provided a staff report.
Dan Handel, AFSCME Union President, thanked both sides of the bargaining committee. On roll
call vote for final passage,the bill passed unanimously. Mayor Swenson declared Council Bill No.
3195 duly passed.
ACTION ON FINAL DECISION DOCUMENT DENYING THE US MARKET GAS
STATION DEVELOPMENT AT 2540 & 2600 NEWBERG HWY AT THE SOUTHWEST
CORNER OF NEWBERG HWY& OREGON WAY(CU 21-02)
Carney/Schaub... adopt the attached final decision document denying land use applications
Conditional Use 21-02,Design Review 21-10,Exception to Street Right of Way and Improvement
Requirements ("Street Exception")EXCP 21-05, &Phasing Plan PP 21-01 for the US Market Gas
Station project and authorize the Mayor to sign the final decision document. Councilor Swanson
stated that she was absent during the public hearing on this matter but has reviewed the record and
intends to vote. Councilor Cabrales stated that she was absent during the public hearing on this
matter and has not had a chance to review the record so she will not participate in the decision
making process and will abstain from voting on this matter. The motion passed 5-0-1 with
Councilor Cabrales abstaining.
Councilor Cornwell stated that the City should look at the ordinances related to commercial zoning
and look at ways to protect the areas that are located close to homes so it doesn't interrupt the
continued comfort of living where people have chosen to live. She added that she would like to
start looking at the ordinances to make sure the City does not become so overdeveloped that our
town loses some of its livability and aesthetics. She also invited people to get involved and be a
part of the change.
City Administrator Derickson stated that we could invite Community Development Director Kerr
to speak to the Council about the future planning of the City.
SMITH CREEK PUBLIC PARK NAMES
Community Services Director Cuomo provided a staff report. Carney/Cornwell... approve the
following park names suggested by the Ad Hoc Smith Creek Park Naming Committee for the
public parks located within the Smith Creek residential housing development: Hazel Smith Plaza,
Killian's Well Park, and Madame Dorion Trail. The motion passed unanimously.
CALL-UP BRIEFING: PLANNING COMMISSION APPROVAL OF A VARIANCE
APPLICATION FOR 2515 NEWBERG HWY(VAR 22-08)
The Council declined to call this item up.
CALL-UP BRIEFING: COMMUNITY DEVELOPMENT DIRECTOR APPROVAL OF A
DESIGN REVIEW AND EXCEPTION TO STREET RIGHT OF WAY AND
IMPROVEMENT REQUIREMENTS "STREET EXCEPTION" APPLICATION
Page 3 - Council Meeting Minutes, August 8, 2022
3
COUNCIL MEETING MINUTES
August 8, 2022
PACKAGE FOR LEGION PARK AT 1385 PARK AVE (DR 22-09 & EXCP 22-04)
The Council declined to call this item up.
CITY ADMINISTRATOR'S REPORT
The City Administrator reported the following:
• Has a legal opinion from City Attorney Shields regarding the Councils statutory
authority in the regulation of vehicles on City Streets. It's been recommended to do a
survey to find out the number of vehicles we're talking about and where they are
located. The Council would need to see the results of this survey before they take any
action.
• The City is aware of the potholes on 214 between the high school and fire department
and staff has contacted the state about repairing the road.
• Ongoing discussions to get something more esthetically pleasing and safer in regards
to the median on Hwy 99E in front of Safeway are taking place,
• Fiesta is upon us and we have just about reached the fundraising goals. There are 58
vendors set up and there will be a lot of family activities and entertainment.
MAYOR AND COUNCIL REPORTS
Councilor Swanson asked if we really want to start imposing parking violations on individuals
based on the traffic on our streets.
Councilor Cornwell stated that the number of cars that people own, putting a restriction on the
house number that you can only have two cars per house won't always work. She added that she
does not know what the solution is but with the limitations that the state has put upon us, it is going
to be a problem so we need to be thinking forward and try to put something in place.
Councilor Puente stated that panhandlers are causing some traffic safety issues.
ADJOURNMENT
Swanson/Carney...move to adjourn. The motion passed unanimously.Mayor Swenson adjourned
the meeting at 8:58 p.m.
APPROVED
ERIC SWENSON, MAYOR
ATTEST
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page 4 - Council Meeting Minutes, August 8, 2022
4
8/10/2022 Woodburn Police Department
MONTHLY ARRESTS BY OFFENSES
2022 Year to Date
CHARGE DESCRIPTION Jan Feb Mar Apr May Jun Jul Total
AGGRAVATED ASSAULT 5 0 0 10 2 6 3 2
ANIMAL CRUELTY 0 0 0 0 0 0 1 1
ANIMAL ORDINANCES 2 9 2 7 4 3 0 2
ARSON 0 0 0 0 0 0 1 1
ASSAULT SIMPLE 8 7 8 11 12 13 11 7
ATTEMPTED MURDER 0 0 0 0 2 0 0
BURGLARY- BUSINESS 2 2 0 0 0 0 0
BURGLARY- RESIDENCE 2 1 0 0 0 2 1
CHILD NEGLECT 0 0 1 0 0 0 1
CRIME DAMAGE-NO VANDALISM OR ARSON 3 6 1 1 2 4 1 1
CURFEW 0 1 0 0 0 0 0 1
CUSTODY- MENTAL 2 4 3 2 1 2 3 1
DISORDERLY CONDUCT 5 2 1 3 4 6 1 2
DRIVING UNDER INFLUENCE 6 8 7 11 9 6 14 61
DRUG LAW VIOLATIONS 2 0 3 3 1 5 0 1
DWS/REVOKED -FELONY 0 0 0 0 0 2 0
DWS/REVOKED-MISDEMEANOR 4 2 2 1 1 2 5 1
ELUDE 1 2 0 2 0 0 0
ESCAPE FROM YOUR CUSTODY 0 0 1 0 0 1 0
EXTORTION/BLACKMAIL 0 0 0 0 0 0 1 1
FAIL TO DISPLAY OPERATORS LICENSE 0 0 0 1 0 0 0 1
FORCIBLE RAPE 0 0 0 2 0 0 0
FORGERY/COUNTERFEITING 1 0 0 0 0 0 0 1
FRAUD - BY DECEPTION/FALSE PRETENSES 0 1 5 0 0 1 0 7
FRAUD -CREDIT CARD/AUTOMATIC TELLER MACHINE 0 0 0 3 1 1 0
FRAUD -OF SERVICES/FALSE PRETENSES 0 2 0 0 0 0 0 2
FUGITIVE ARREST FOR ANOTHER AGENCY 43 38 37 29 30 22 32 231
HIT AND RUN FELONY 0 0 0 0 0 0 1 1
HIT AND RUN-MISDEMEANOR 1 3 5 2 2 4 4 21
IDENTITY THEFT 1 0 0 0 0 1 0 2
INTIMIDATION /OTHER CRIMINAL THREAT 8 7 6 3 2 7 10 4
INVASION OF PERSONAL PRIVACY 0 0 0 0 0 1 0 1
KIDNAP -FOR ADDITIONAL CRIMINAL PURPOSE 0 2 0 0 0 2 0
MINOR IN POSSESSION 1 1 0 0 1 0 1
MISCELLANEOUS 0 0 4 0 0 0 0
MOTOR VEHICLE THEFT 3 2 3 1 6 0 2 1
OTHER 2 0 1 6 2 4 3 1
PROPERTY RECOVER FOR OTHER AGENCY 2 0 0 0 0 0 0 2
PROVIDE FALSE INFORMATION TO LAW ENFORCEMEN 1 0 0 2 0 1 1
RECKLESS DRIVING 2 3 5 4 3 2 9 2
RECKLESSLY ENDANDERING 2 0 1 0 3 1 5 1
RESTRAINING ORDER VIOLATION 2 1 1 2 2 1 0 9
ROBBERY- BUSINESS 1 1 0 0 0 0 0 2
ROBBERY-CAR JACKING 0 1 0 0 0 0 1 2
ROBBERY-OTHER 1 0 0 0 0 0 0 1
ROBBERY- RESIDENCE 1 0 0 0 0 0 0 1
RUNAWAY 1 0 0 0 1 1 1
EX CRIME -CONTRIBUTE TO SEX DELINQUENCY 1 0 0 0 0 0 0 1
EX CRIME -EXPOSER 0 0 0 0 0 0 1 1
EX CRIME -MOLEST(PHYSICAL) 0 0 2 1 0 1 0
EX CRIME -NON-FORCE RAPE 1 0 0 1 0 0 0 2
EX CRIME -OTHER 0 1 0 0 0 0 0 1
EX CRIME -SEXUAL ASSAULT WITH AN OBJECT 0 0 1 01 01 0 0 1
TOLEN PROPERTY- RECEIVING,BUYING,POSSESSING1 11 01 41 01 01 01 1 6
Page 1 of 2
5
8/10/2022 Woodburn Police Department
MONTHLY ARRESTS BY OFFENSES
2022 Year to Date
an Feb Mar Apr May Jun Jul Total
HEFT- BICYCLE 0 0 0 0 0 0 1 1
HEFT- BUILDING 2 1 1 0 2 0 0
HEFT- FROM MOTOR VEHICLE 1 0 0 0 0 0 0 1
HEFT-OTHER 4 0 3 2 0 1 1 11
HEFT- PICKPOCKET 0 0 0 0 1 1 0
HEFT-SHOPLIFT 13 2 3 5 9 6 4 4
TRAFFIC VIOLATIONS 1 2 0 0 0 0 0
TRESPASS 3 45 3 2 4 4 3 6
UNAUTHORIZED ENTRY INTO MOTOR VEHICLE 2 0 1 0 0 1 0
ANDALISM 2 38 4 1 2 3 1 51
EAPON -CARRY CONCEALED 1 0 0 0 0 3 0
EAPON -EX FELON IN POSSESSION 2 2 1 1 0 1 0
EAPON -OTHER 0 0 1 0 0 0 0 1
EAPON -POSSESS ILLEGAL 7 3 3 5 6 2 6 3
WEAPON -SHOOTING IN PROHIBITED AREA 21 01 01 01 01 01 0
Jan Feb Mar Apr May Jun Jul Total
2022 Total 158 200 124 124 115 124 131 976
2021 Total 173 97 81 272 134 173 207 1137
2020 Total 161 139 105 133 149 153 109 949
Arrests/Year
1200
1000
800
N
W 600
Q
400
200
0
2020 2021 2022
Year
Page 2 of 2
6
8/10/2022 Woodburn Police Department
MONTHLY CRIMINAL OFFENSES
2022 Year to Date
CHARGE DESCRIPTION Jan Feb Mar Apr May Jun Jul Total
AGGRAVATED ASSAULT 5 0 3 5 4 10 5 32
ANIMAL CRUELTY 0 0 0 0 0 1 1 2
ANIMAL ORDINANCES 2 5 3 6 4 3 0 23
ARSON 0 0 0 1 0 0 3 4
ASSAULT SIMPLE 17 11 12 13 24 18 21 116
ATTEMPTED MURDER 0 0 0 0 1 0 0 1
BURGLARY- BUSINESS 4 1 0 1 1 2 0 9
BURGLARY-OTHER STRUCTURE 1 0 0 1 0 1 0 3
BURGLARY- RESIDENCE 3 2 0 0 0 3 1 9
CHILD NEGLECT 0 0 1 0 0 0 1 2
CRIME DAMAGE-NO VANDALISM OR ARSON 18 9 6 15 4 8 10 70
CRIMINAL MISTREATMENT 0 0 1 0 0 0 0 1
CURFEW 0 1 0 0 0 0 0 1
CUSTODY- MENTAL 2 4 3 2 1 2 3 17
DISORDERLY CONDUCT 4 3 2 3 7 8 4 31
DRIVING UNDER INFLUENCE 6 8 7 11 9 6 15 62
DRUG LAW VIOLATIONS 2 0 2 3 1 2 0 10
DWS/REVOKED- FELONY 0 0 0 1 0 2 0 3
DWS/REVOKED-MISDEMEANOR 4 2 2 2 1 2 5 18
ELUDE 6 1 1 4 2 1 3 18
ESCAPE FROM YOUR CUSTODY 0 0 1 0 0 1 0 2
EXPLOSIVES 0 0 0 0 0 0 1 1
EXTORTION/BLACKMAIL 0 0 0 0 0 0 2 2
FAIL TO DISPLAY OPERATORS LICENSE 0 0 0 1 0 0 0 1
FORCIBLE RAPE 2 0 4 2 3 2 0 13
FORGERY/COUNTERFEITING 2 2 2 1 5 4 2 18
FRAUD- BY DECEPTION/FALSE PRETENSES 2 4 8 9 3 7 6 39
FRAUD- CREDIT CARD/AUTOMATIC TELLER MACHINE 3 2 0 4 4 1 3 17
FRAUD- IMPERSONATION 0 1 2 1 2 0 0 6
FRAUD- OF SERVICES/FALSE PRETENSES 1 2 0 0 0 0 0 3
FRAUD-WIRE 0 0 0 0 1 0 0 1
FRAUD-OTHER 0 0 0 1 0 0 0 1
FUGITIVE ARREST FOR ANOTHER AGENCY 25 22 28 18 19 15 24 151
GARBAGE LITTERING 0 0 1 0 0 0 0 1
HIT AND RUN FELONY 1 0 1 1 2 1 1 7
HIT AND RUN-MISDEMEANOR 23 21 27 15 14 20 20 140
IDENTITY THEFT 3 3 2 4 2 2 3 19
INTIMIDATION /OTHER CRIMINAL THREAT 5 6 6 1 10 8 14 50
INVASION OF PERSONAL PRIVACY 0 0 0 0 0 1 0 1
KIDNAP - FOR ADDITIONAL CRIMINAL PURPOSE 0 2 0 0 2 2 0 6
KIDNAP - HOSTAGE/SHIELD OR REMOVAL/DELAY WITNE 0 0 0 0 0 0 1 1
MINOR IN POSSESSION 1 1 0 0 0 0 1 3
MISCELLANEOUS 13 20 16 21 8 8 9 9
MOTOR VEHICLE THEFT 22 19 9 22 17 19 14 122
NON CRIMINAL DOMESTIC DISTURBANCE 0 0 0 0 1 1 0 2
OTHER 3 1 3 5 4 4 4 2
PROPERTY- FOUND LOST MISLAID 3 3 1 2 0 0 2 11
PROPERTY RECOVER FOR OTHER AGENCY 1 0 1 1 0 0 1 4
PROSTITUTION - ENGAGE IN 0 1 0 0 0 0 0 1
PROSTITUTION - PROMOTE 0 1 0 0 0 0 0 1
RECKLESS DRIVING 3 3 7 6 3 3 10 3
RESTRAINING ORDER VIOLATION 3 2 1 2 3 2 0 13
ROBBERY- BUSINESS 3 1 0 2 1 0 2 9
ROBBERY- CAR JACKING 0 1 0 0 0 0 1 2
ROBBERY- OTHER 2 0 0 0 0 2 1 5
ROBBERY- RESIDENCE 1 0 0 0 0 0 0 1
RUNAWAY 3 0 1 1 2 6 1 1
Page 1 of 2 7
8/10/2022 Woodburn Police Department
MONTHLY CRIMINAL OFFENSES
2022 Year to Date
Jan IFeb Mar Apr May Jun Jul Total
SEX CRIME - CONTRIBUTE TO SEX DELINQUENCY 0 0 0 0 0 1 0 1
SEX CRIME - EXPOSER 0 0 0 0 0 0 1 1
SEX CRIME - FORCIBLE SODOMY 0 0 0 0 0 0 1 1
SEX CRIME - MOLEST (PHYSICAL) 0 0 5 2 2 3 0 12
SEX CRIME - NON-FORCE RAPE 4 1 0 0 0 0 0
SEX CRIME - OBSCENE PHONE CALL 0 0 0 0 0 0 1 1
SEX CRIME - OTHER 0 1 0 0 0 1 0 2
SEX CRIME - SEXUAL ASSAULT WITH AN OBJECT 0 0 0 0 1 0 0 1
STALKER 0 0 0 1 2 1 2 6
STOLEN PROPERTY- RECEIVING,BUYING,POSSESSING 0 0 1 0 1 1 1
SUICIDE 0 0 0 0 0 0 1 1
HEFT- BICYCLE 2 0 0 1 2 2 1 8
HEFT- BUILDING 2 1 2 1 4 4 0 1
HEFT- FROM MOTOR VEHICLE 31 15 17 12 14 13 9 111
HEFT- MOTOR VEHICLE PARTS/ACCESSORIES 0 2 1 3 2 6 5 19
HEFT- OTHER 10 12 8 8 7 12 11 68
HEFT- PICKPOCKET 0 1 0 0 1 0 1 3
HEFT- PURSE SNATCH 3 0 0 0 1 1 0
HEFT- SHOPLIFT 35 26 54 28 28 33 33 237
TRAFFIC VIOLATIONS 2 2 4 0 2 0 1 11
TRESPASS 5 15 2 4 3 5 3 37
UNAUTHORIZED ENTRY INTO MOTOR VEHICLE 7 1 0 1 2 0 2 13
VANDALISM 12 23 17 20 28 11 15 126
VEHICLE RECOVERD FOR OTHER AGENCY 4 3 0 2 1 1 2 13
WEAPON -CARRY CONCEALED 1 0 0 0 1 2 0
WEAPON - EX FELON IN POSSESSION 2 2 1 1 1 2 0 9
WEAPON -OTHER 0 0 1 0 0 0 0 1
WEAPON - POSSESS ILLEGAL 8 3 4 4 7 4 8 38
WEAPON -SHOOTING IN PROHIBITED AREA 6 2 2 1 2 1 3 17
Jan I Feb I Marl Apr IMayl Jun I Jul I Total
2022 Total 1 3331 27q 2831 2771 2771 2821 2961 2,023
2021 Total 1 2591 2131 2571 2621 2731 330 338 1,932
2020 Total 1 3071 3221 2491 2781 3611 376 336 2,229
Offenses/Year
2400
2000
soo
N
W 200
0 800
400
0
2020 2021 2022
YEAR
Page 2 of 2 8
Woodburn Police Department
ORDINANCE VIOLATIONS
2022 Year to Date
8/10/2022
Ordinance Discription Jan Feb Mar Apr May Jun Jul Total
Animal Complaint 39 53 53 67 48 66 50 376
Ordiinance -Abate/Nuisances 2 5 11 6 3 0 1 28
Ordinance -Abandoned Vehicles 38 34 59 36 31 25 55 278
Ordinance -Abate Graffiti 13 48 18 38 14 15 5 151
Ordinance - Land Use Violations 1 0 0 0 0 0 0 1
Ordinance -Oth Violation 135 58 110 58 45 31 33 470
Ordinance -Tall Grass 1 0 0 1 241 83 67 393
2022 Total 229 198 251 206 382 220 211 1,697
2021 Total 51 66 83 96 115 101 120 632
2020 Total 109 121 97 80 156 123 114 800
Ordinance Violations / Code Enforcement Officers
1200
1000
N 800
Z
O
Q 600
O
400
i
200
0
2020 2021 2022
COMBINED TOTAL-CODE ENFORCEMENT OFFICERS
Ordinance Violations / Year
1800
1600
1400
N 1200
Z
O 1000
F
800
O
600
400
i
200
0
2020 2021 2022
YEAR TOTALS FOR ALL OFFICERS
1
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August 22, 2022
TO: Honorable Mayor and City Council
FROM: Renata Wakeley, Special Projects Director
SUBJECT: Adoption of Resolution of Non-Discrimination, and updated Limited
English Proficiency (LEP) Language Access Plan and Section 3 Plan
RECOMMENDATION:
Adopt a Resolution updating the City's Policy of Non-Discrimination on the Basis
of Disability Status, updating the City's Limited English Proficiency (LEP)
Language Access Plan, and updating the City's Section 3 Plan.
BACKGROUND:
The City applied for and secured federal Housing and Urban Development
(HUD) grant funding through the Community Development Block Grant (CDBG)
COVID-19 Impact Assistance (CV-2) program funds to support the
reconstruction of the AWARE Food Bank. Federal program rules require that for
the City to expend CDBG funding, it must adopt a policy of non-discrimination,
policies addressing the needs of individuals with Limited English Proficiency (LEP)
language skills, and a policy/plan related to Section 3 compliance providing
opportunities to recruit, target, and direct economic opportunities to Section 3
residents and businesses.
In seeking previous rounds of HUD funding in 2013 and 2020, the City adopted
LEP Plans via Resolutions 2034 and 2150. The current LEP Plan and Resolution
presented to you provides updated census data relied upon to support the
associated policies.
While the City already had an adopted policy related on Non-Discrimination on
the Basis of Disability Status, staff was unable to locate a more recent
publication of the policy than a 2003 version with outdated contact information.
Staff is seeking adoption of the attached updated policy, to be published in
compliance with CDBG program rules.
Agenda Item Review: City Administrator_x_ City Attorney_x Finance_x-
10
Honorable Mayor and City Council
August 22, 2022
Page 2
Since the City's last CDBG award and previously adopted Section 3 plan, HUD
has updated the Section 3 policies and requirements and our previous Section 3
plan no longer complies. The general purpose of Section 3 of the Housing and
Urban Development Act of 1968, as amended, requires the recipients of HUD
funding to ensure that employment and other economic and business
opportunities generated by HUD financial assistance, to the greatest extent
feasible, are directed to public housing residents and other low-income persons,
particularly recipients of government housing assistance, and business concerns
that provide economic opportunities to low- and very-low income persons. The
attached Section 3 plan is found to comply with the current guidance.
DISCUSSION:
Updating the Limited English Proficiency (LEP) and Non-Discrimination policies
require no new action or program policies of the City or staff, but simply update
the information to ensure we maintain compliance with the guidelines. The City
will review the policies periodically against new Census data, or as needs arise,
to identify any changes that may need to be made.
The updated Section 3 plan, if adopted, does expand the requirements of the
City to include, but not limited to: notifying Section 3 workers, contractors, and
businesses about training, employment, and contracting opportunities
generated by the CDBG funding; incorporating the Section 3 clauses into all
CDBG solicitations and contracts; assisting contractors in complying with Section
3 reporting requirements and documenting actions to comply with Section 3,
etc.
FINANCIAL IMPACT:
The City already has a comprehensive program to provide translation services to
LEP individuals, and an adopted policy related on Non-Discrimination on the
Basis of Disability Status and Section 3 plan. These updates to the policies and
plan documents are not expected to require considerable changes in City
operations or practices that would otherwise have a significant financial or
budgetary impact.
11
COUNCIL BILL NO. 3196
RESOLUTION NO. 2197
A RESOLUTION ADOPTING AN UPDATED SECTION 3 PLAN TO COMPLY WITH 24 CFR,
PART 135 OF THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT SECTION 3 REGULATIONS; A LIMITED ENGLISH PROFICIENCY (LEP)
LANGUAGE ACCESS PLAN; A POLICY OF NONDISCRIMINATION ON THE BASIS OF
DISABILITY STATUS; AND REPEALING PREVIOUSLY ADOPTED PLANS AND POLICIES
WHEREAS, the City has been the recipient of certain Community
Development Block Grant (CDBG) funding awards that provide financial
resources from the U.S. Department of Housing and Urban Development (HUD) for
a wide range of community development activities; and
WHEREAS, as a part of receiving CDBG grant funds, the City must adopt
and adhere to certain federal program plans and policies; and
WHEREAS, as part of previous CDBG funding years, the City has adopted
earlier versions of a Section 3 Plan, an LEP Plan, and a Policy of Nondiscrimination
on the Basis of Disability Status, but recognizes that those plans should be updated
and newly adopted as part of a recent CDBG CV-2 grant award (AWARE Food
Bank Project); and
WHEREAS, the United States Congress passed Section 3 of the Housing and
Urban Development Act of 1968 (12 U.S.C. 1701 u) (Section 3) to further the goal
of ensuring that federal funds benefit the residents of projects funded wholly or in
part by those funds; and
WHEREAS, the City of Woodburn has developed a Section 3 Plan in
adherence to 24 CFR, Part 135 that more comprehensively addresses the
standards and procedures prescribed in the Act; and
WHEREAS, the Section 3 Plan has been reviewed by the City of Woodburn
staff and legal counsel and their comments incorporated into the Plan; and
WHEREAS, as a recipient of federal financial assistance as it relates to the
needs of individuals with Limited English Proficiency (LEP) language skills, the City
of Woodburn is also required for purposes of Title VI of the Civil Rights Act of 1964,
42 U.S.C. 2000d, et seq, and its implementing regulations to develop a plan for
meeting the needs of individuals with LEP language skills; and
Page 1 - Council Bill No. 3196
Resolution No. 2197
12
WHEREAS, the attached Limited English Proficiency (LEP) Language Access
Plan provides updated guidance to the City of Woodburn in meeting the needs
of individuals with Limited English Proficiency language skills; and
WHEREAS, to comply with Section 504 of the Federal Rehabilitation Act of
1973 and the Americans with Disabilities Act, the City must adopt and periodically
publish a Policy of Non-Discrimination on the Basis of Disability Status, NOW,
THEREFORE,
THE CITY RESOLVES AS FOLLOWS:
Section 1. Section 3 Plan. The City Council adopts and implements an
updated the Section 3 Plan to ensure compliance with Federal Law and
Community Development Block Grant project standards and designates the City
Administrator, or person designated by the City Administrator, as the Section 3
Coordinator for the City of Woodburn. The Section 3 Plan is attached to this
Resolution as Exhibit A and is incorporated herein by reference.
Section 2. LEP Language Access Plan. The City Council adopts and
implements the LEP Language Access Plan to ensure compliance with Federal
Law and Community Development Block Grant project standards and to provide
guidance to City staff in meeting the needs and planning to assist individuals with
limited English proficiency. The LEP Plan is attached to this Resolution as Exhibit B
and is incorporated herein by reference.
Section 3. Policy of Non-Discrimination on the Basis of Disability Status.
The City Council adopts and re-publishes the Policy of Non-Discrimination on the
Basis of Disability Status. Such policy is attached to this Resolution as Exhibit C and
is incorporated herein by reference.
Section 4. Repeal. Where the City has adopted previous iterations of the
above identified plans and policies, including through Resolutions No. 2034 and
2150, those policies are hereby repealed and replaced by the above adopted
versions.
Section 5. Title VI Program. The City's Title VI Program specific to the
Woodburn Transit System and adopted September 25, 2017, remains in effect.
Approved as to form:
City Attorney Date
Page 2- Council Bill No. 3196
Resolution No. 2197
13
Approved:
Eric Swenson, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
File in the Office of the Recorder
ATTEST:
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page 3- Council Bill No. 3196
Resolution No. 2197
14
1
W�QODBURN
I n c o r p o r a t e d 1 8 8 9
SECTION 3 PLAN
1. General Policy Statement
It is the policy of the City of Woodburn to require its contractors to make a good faith effort to
provide equal employment opportunity to all employees and applicants for employment without
regard to race, color, religion, sex, national origin, disability, veteran's or marital status, or
economic status and to take affirmative action to ensure that both job applicants and existing
employees are given fair and equal treatment.
The City of Woodburn (hereinafter "CITY") implements this policy through the awarding of
Community Development Block Grant program contracts to construction contractors and
subcontractors, vendors, professional service providers/consultants and suppliers (hereinafter
"CONTRACTOR") to create employment and business opportunities for residents of the City of
Woodburn and other qualified low- and very low-income persons.
The policy will ensure that, in good faith, the CITY will have a reasonable level of success in the
recruitment, employment, and utilization of Section 3 workers, Targeted Section 3 workers or
other eligible persons and Section 3 business concerns working on contracts partially or wholly
funded with the United States Department of Housing and Urban Development (HUD) monies.
The CITY shall examine and consider a CONTRACTOR'S potential for success by providing
employment and business opportunities to Section 3 eligible residents and business concerns
prior to acting on any proposed contract award.
2. Background
Section 3 of the Housing and Urban Development Act of 1968, as amended (12 USC 1701u)
(Section 3) requires that recipients of HUD-funding exceeding$200,000 ensure that employment
and other economic opportunities generated by certain HUD financial assistance shall, to the
greatest extent feasible, and consistent with existing Federal, State, and Local laws and
regulations, be directed to low- and very-low income persons, particularly those who are
recipients of government assistance for housing, and to business concerns which provide
economic opportunities to such persons.
Section 3 is applicable when the normal completion of construction and rehabilitation projects
creates the need for employment, contracting, or training opportunities. If the expenditure of
15
covered funding does not result in new employment, contracting, or training opportunities, the
requirements of Section 3 are not applicable.
As a recipient of HUD Community Development Block Grant (CDBG) funds through the Oregon
Business Development Department (OBDD), the CITY certifies that it will make good faith efforts,
including the preference to contract with businesses that employ Section 3 workers and Targeted
Section 3 workers from the local community,to comply with the requirements of Section 3.These
same requirements apply to all contractors or subcontractors that receive contracts in excess of
$200,000 for Section 3 eligible projects.
HUD's Section 3 regulations can be found at 24 CFR 75.
3. Eligible Projects
All projects and activities involving housing construction, demolition, rehabilitation, or other
public construction, such as roads, sewers, community centers, et cetera, that are completed
with HUD Community Planning and Development funding are subject to the requirements of
Section 3.
4. Section 3 Workers and Businesses
A Section 3 Worker is any worker who currently fits, or when hired within the past five years fit,
at least one of the following:
1. The worker's income for the previous or annualized calendar year is below the income limit
established by HUD;
2. The worker is employed by a Section 3 business concern; or
3. The worker is a YouthBuild participant
A Targeted Section 3 Worker for Housing and Community Development Financial Assistance
projects, is a Section 3 worker who:
1. Is employed by a Section 3 business concern; or
2. Currently fits, or when hired fits, at least one of the following categories, as documented
within the past five years:
a. Living within the service area or the neighborhood of the project, as defined in 24 CFR §
75.5; or
b. Document the employee is a resident of a public housing complex or is a recipient of a
Section 8 housing voucher.
c. Is a YouthBuild participant.
In accordance with the regulation, workers seeking Section 3 preference shall certify, and/or
submit evidence to the CITY or CONTRACTOR, verifying that they meet the definitions provided
a bove.
To be considered a Section 3 Business Concern, at least one of the following criteria must apply
as documented within the last six-month period:
16
1. At least 51 percent owned and controlled by low-or very low-income persons;
2. Over 75 percent of the labor hours performed for the business over the prior three-month
period are performed by Section 3 workers; or
3. A business at least 51 percent owned and controlled by current public housing residents or
residents who currently live in Section 8-assisted housing.
S. Best Effort or Good Faith Effort
At a minimum,the following tasks must be completed to demonstrate a "best effort or good faith
effort" with the requirements of Section 3. The CITY and CONTRACTOR'S/SUBCONTRACTOR'S
seeking to establish a "best effort or good faith effort" as required should be filling all training
positions with qualified Section 3 persons residing in the target area.The following are examples
of how to meet the "best effort or good faith effort" requirements.
1. Send notices of job availability subcontracting opportunities subject to these requirements
to recruitment source organizations, local public housing authority, and any other
community groups capable of referring eligible Section 3 applicants, including WorksSource
Oregon.
2. Include in all solicitations and advertisements a statement to encourage eligible qualified
Section 3 residents or eligible businesses to apply.
3. When using a newspaper of major circulation to request bids/quotes or to advertise
employment opportunities to also advertise in minority-owned newspapers.
4. Maintain a list of all residents from the target area who have applied either on their own or
by referral from any service, and employ such persons, if otherwise qualified for the
position and if a trainee position exits. (If the contractor has no vacancies, the applicant, if
otherwise eligible, shall be listed for the first available vacancy). A list of eligible applicants
will be maintained for future vacancies.
6. Section 3 Contracting Policy and Procedure
Section 3 residents must meet the minimum qualifications of the position to be filled and a
Section 3 Business Concern must have the ability to and capability to perform successfully
under the terms and conditions of the proposed contract.
The CITY will incorporate Section 3 into all solicitations for project proposals that are funded in
part or in whole with HUD monies. The Section 3 contract clause (see Exhibit 2) specifies the
requirements for CONTRACTOR'S hired for Section 3 covered projects and shall be included in all
CITY bid solicitations and requests for proposals for projects whose funding is derived from HUD
and involves housing construction, demolition, rehabilitation, or other public construction.
Section 3 workers must meet the minimum qualifications of any position to be filled. Any worker
seeking Section 3 preference should register with the CITY or CONTRACTOR by submitting the
certification form in Exhibit 3. Contractor should have all workers on a project submit the
certification form to support required reporting of labor hours.
17
Any business seeking Section 3 preference in the awarding of contracts or purchase agreements
with the CITY should follow the steps at htt s / , �„j„ „p„p,s,, „ , ,g, y , „gy p, „ ,�,„,i,u„ y,f�,��rtal to register
their business in HUD's Section 3 Business Registry. Section 3 businesses must meet minimum
qualifications, including prequalification with the CITY, and have the ability and capacity to
perform successfully under the terms and conditions of the proposed contract.
The CITY will, to the greatest extent possible, offer contracting opportunities to business
concerns that provide economic opportunities to Section 3 workers residing within the county in
which the project is located. However, in the event that no Section 3 businesses bid on the
contract, or bids but is not able to demonstrate to the CITY that it has the ability to perform
successfully under the terms and conditions of the proposed contract, then that contract will be
awarded to a non-Section 3 business that can meet the terms and conditions of the proposed
contract through the competitive bidding process.That business concern must meet the general
conditions of compliance with Section 3.This will include:
1. Requiring employees working on the project to submit a certification form (Exhibit 3).
2. Posting notices of any vacant positions, including training and/or apprenticeship positions,
qualifications for positions, place where applications will be received and starting date of
employment.
3. To the greatest extent possible, making available vacant positions, including training and/or
apprenticeship positions, to Section 3 workers.
4. As positions are vacated during completion of contract, following guidelines enumerated in
numbers 2 and 3 above.
5. Submitting Compliance Reports to the CITY as required (see Exhibit 4 for details on
CONTRACTOR requirements).
6. If notified of non-compliance, correcting non-compliance within allowable time period.
The CITY and their covered contractors, subcontractors, professional service
providers/consultants or subrecipients subject to Section 3 requirements, will in good faith
comply with the requirements of Section 3 for employment, training, or contracting
opportunities resulting from the expenditure of HUD funding. For projects with HUD funding, the
CITY responsibility includes:
1. Advertise contracting opportunities via newspaper, mailings, and posting notices about the
work to be contracted and where to obtain additional information.
2. Provide notice of employment and contracting opportunities, or require CONTRACTOR to
do so, to all known Section 3 business concerns or workers within the City of Woodburn.
The written notice will be provided in sufficient time to enable business concerns the
opportunity to respond to the bid invitation.
3. Include in all solicitations a statement to encourage eligible Section 3 businesses to apply.
4. Assist and actively cooperate with the Business Oregon to ensure contractors and
subcontractors comply with Section 3.
5. Refrain from entering into contracts with contractors or subcontractors that are in violation
of Section 3 regulations.
18
6. Inform businesses that they can use the Work Source Oregon -First Source Hiring
Agreement in complying with the Section 3 requirements.
7. Document actions taken to comply with Section 3 and submitting necessary documentation
to Business Oregon.
7. The CONTRACTOR will be responsible for the following:
1. Include Section 3 requirements in all subcontracts and requiring subcontractors to submit
worker certification forms and compliance reports as required (see Exhibit 4 for more
details).
2. To the greatest extent possible, making available vacant positions, including training and/or
apprenticeship positions, to Section 3 workers.
3. If a position is necessary to complete contractual task is vacated during the contract period,
CONTRACTOR's certification that, to the greatest extent possible, that vacancies will be
filled pursuant to item 2 above.
4. Submitting worker certification forms and compliance reports as required.
5. If notified of non-compliance, will correct issues of non-compliance within the allowable
time period.
8. Section 3 Benchmarks
The CITY has established employment goals in order to comply with Section 3
requirements. For housing and community development financial assistance projects,the
benchmark for Section 3 workers is set at 25 percent or more of the total number of labor
hours worked by all workers on a Section 3 project. The benchmark for Targeted Section
3 workers is set at 5 percent or more of the total number of labor hours worked by all
workers on a Section 3 project. This means that the 5 percent is included as part of the
25 percent threshold.
These benchmarks will require the CONTRACTOR to identify existing workers and new
hires who meet the definition of a Section 3 worker or Targeted Section 3 worker (see
Exhibit 1 for definitions) and to track hours of all employees throughout the project. The
CITY will require that CONTRACTOR provide documentation to demonstrate compliance,
including documentation that shows worker certification, hours worked by Section 3
workers, Targeted Section 3 workers, and any qualitative efforts to comply with Section
3 (see Exhibits 3 and 4).
It is the responsibility of the CONTRACTOR to implement progressive efforts to attain Section 3
compliance. If the CONTRACTOR fails to meet the benchmarks above, they bear the burden of
demonstrating why it was not possible to do so. Such justifications should describe the efforts
that were taken, barriers encountered, and other relevant information that will enable the
state to make a compliance determination (see Exhibit 4). All firms submitting bids or proposals
are required to certify that they will comply with the requirements of Section 3.
19
Failure to comply with the requirements of Section 3 may result in sanctions, including:
debarment, suspension, or limited denial of participation in HUD programs pursuant to 24 CFR
Part 24.
9. Monitoring and Enforcement
The function of monitoring and enforcing these provisions will be carried out by the City's
project manager for each HUD-funded construction project. During the pre-bid or pre-
construction meetings between the CITY and CONTRACTOR, the CITY's Section 3 Policy will be
provided again to the CONTRACTOR for inclusion in contract documents. The following contract
requirements will be discussed in detail:
1. Prevailing wage rates (Davis-Bacon or BOLI, whichever is higher)
2. Minority and woman-owned businesses
3. Section 3 hiring requirements
Each representative will define specific functional requirements and require the CONTRACTOR
to certify its understanding of the terms and conditions of the contract as it applies to the
aforementioned requirements.
10. Section 3 Complaint Procedure
The CITY will make every effort to resolve complaints generated from alleged non-compliance
through an internal process. The CITY encourages submittal of non-compliance complaints to its
Section 3 Coordinator as follows:
1. Submit to: Scott Derickson, City Administrator, (PH): 503-982-5230 (EMAIL):
��;t;t,,, j„e"r;u„ck..s.o„r;i,,, ;;,;,u,,,,,v�✓, , „j„ „�,,;i,,,,,, „,,,,, ,s and CITY Attorney.
2. Complaints of non-compliance should be filed in writing and must contain the name of
the complainant and brief description of the alleged violation of 24 CFR 75.
3. Complaints must be filed within thirty calendar days after the complainant becomes
aware of the alleged violation.
4. An investigation will be conducted if complaint is found to be valid. The Section 3
Coordinator will conduct an informal but thorough investigation affording all interested
parties, if any, an opportunity to submit testimony and/or evidence pertinent to the
complaint.
5. The Section 3 Coordinator will provide written documentation detailing the findings of
the investigation to the City Attorney. The CITY Attorney will review the findings for
accuracy and completeness before it is released to the complainants.The findings will
be made available no more than thirty days after the complaint is filed with the CITY.
If complainants wish to have their concerns considered outside the CITY internal procedure, a
complaint may be filed with:
United States Department of Housing and Urban Development Community Planning and
Development
Region X Field Office
20
1220 SW 3rd Avenue, Suite 400
Portland, OR 97204-2830
The complaint must be received no later than 180 days from the date of the action or omission
upon which the complaint is based, unless the time for filing is extended for good cause shown.
Adopted: August 2022
21
EXHIBIT 1 - Definitions
Assistant—the Assistant Secretary for Fair Housing and Equal Opportunity.
Business Concern —a business entity formed in accordance with State law, and which is
licensed under State, county or municipal law to engage in the type of business activity for
which it was formed.
Contractor-any entity which contracts to perform work generated the expenditure of Section 3
covered assistance, or for work in connection with a Section 3 covered project.
Employment Opportunities Generated by Section 3 Covered Assistance — all employment
opportunities generated by the expenditure of Section 3 covered public assistance(i.e.,operating
assistance, development assistance and modernization assistance, (as described in Section 75.3
(a) (1)). With respect to Section 3 covered housing and community development assistance, this
term means all employment opportunities arising in connection with Section 3 covered projects
(as described in Section 75.3 (a) (2)), including management and administrative jobs.
Management and administrative jobs include architectural, engineering or related professional
services required to prepare plans, drawings, specifications, or work write-ups; and jobs directly
related to administrative support of these activities, e.g., construction manager, relocation
specialist, payroll clerk, etcetera.
Housing Authority (HA)— Public Housing Agency.
Housing Development— low-income housing owned, developed, or operated by public housing
agencies in accordance with HUD's public housing program regulations codified in 24 CFR Chapter
IX.
HUD Youthbuild Programs— programs that receive assistance under subtitle D of Title IV of the
National Affordable Housing Act, as amended by the Housing and Community Development Act
of 1992 (42 U.S.C. 12899), and provide disadvantaged youth with opportunities for employment,
education, leadership development, and training in the construction or rehabilitation of housing
for homeless individuals and members of low-and very low-income families.
JTPA—The Job Training Partnership Act (29 U.S.C. 1579 (a)).
Low-income person — households (including single persons) whose incomes do not exceed 80
per centum of the median income for the area, as determined by HUD, with adjustments for
smaller and larger households,.
Metropolitan Area — a metropolitan statistical area (MSA), as established by the Office of
Management and Budget.
22
New Hires — full-time employees for permanent, temporary or seasonal employment
opportunities.
Recipient — any entity which receives Section 3 covered assistance, directly from HUD or from
another recipient and includes, but is not limited to, any State unit of local government, PHA, or
other public body, public or private nonprofit organization, private agency or institution,
mortgagor, developer, limited dividend sponsor, builder, property manager, community housing
development organization, resident management corporation, resident council, or cooperative
association. Recipient also includes any successor, assignee or transferee of any such entity, but
does not include any ultimate beneficiary under the HUD program to which Section 3 applies and
does not include contractors.
Section 3—Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C.
1701u).
Section 3 Business Concern — a business that meets at least one of the following criteria,
documented within the last six-month period:
1) At least 51 percent or more owned by Section 3 resident (PHA resident, Section 8 recipient,
or low income person living in the community): or
2) Whose permanent, full-time employees include persons, at least 30 percent of whom are
currently Section 3 residents, or within three years of the date of first employment with the
business concern were Section 3 residents; or
3) That provides evidence of a commitment to subcontract in excess of 25 percent of the dollar
award of all subcontractors to be awarded to business concerns that meet the qualifications
set forth in paragraphs 1 or 2 above.
Section 3 Covered Assistance—
1) Public housing development assistance provided pursuant to Section 5 of the 1937 Act;
2) Public housing operating assistance provided pursuant to Section 9 of the 1937 Act;
3) Public housing modernization assistance provided pursuant to Section 14 of the 1937 Act;
4) Assistance provided under any HUD housing or community development program that is
expended for work arising in connection with housing rehabilitation, construction, or other
public construction project (which includes other buildings or improvements, regardless of
ownership).
Section 3 Clause—the contract provisions set forth in Section 75.
Section 3 Covered Contracts—a contract or subcontract awarded by a recipient or contractor for
work generated by the expenditure of Section 3 covered assistance, or for work arising in
connection with a Section 3 covered project.
Section 3 Covered Proiect -the construction, reconstruction, conversion or rehabilitation of
housing (including reduction and abatement of lead-based paint hazards), other public
23
construction which includes buildings or improvements (regardless of ownership) assisted with
housing or community development assistance.
Section 3 Worker—a public housing resident or an individual who resides in the identified service
area or nonmetropolitan county in which the Section 3 covered assistance is expended and who
is considered to be a low-to very low-income person.
Service Area—A one mile radius or 5000 in population of the project site.
Subcontractor—any entity(other than a person who is an employee of the contractor)which has
a contract with a contractor to undertake a portion of the contractor's obligation for the
performance of work generated by the expenditure of Section 3 covered assistance or arising in
connection with a Section 3 covered project.
Targeted Section 3 Worker -for Housing and Community Development Financial Assistance
proiects, is a Section 3 worker who:
1) Is employed by a Section 3 business concern; or
2) Is a Section 3 worker who currently fits or when hired fit at least one of the following
categories, as documented within the past five years:
a. Living within the service area or the neighborhood of the project, as defined in 24 CFR §
75.5; or
b. A YouthBuild participant.
c. Resident of public housing or recipient of a Section 8 housing voucher.
Low-income person—families (including single persons) whose income do not exceed 50
percent of the median family income for the area, as determined by HUD with adjustments for
smaller and larger families.
24
Exhibit 2- Section 3 Clause
All Section 3 covered contracts shall include the following clause (referred to as the Section 3
Clause):
A. The work to be performed under this contract is subject to the requirements of Section 3
of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u
(Section 3). The purpose of Section 3 is to ensure that employment and other economic
opportunities generated by HUD assistance or HUD-assisted projects covered by Section
3, shall,to the greatest extent feasible, be directed to low-and very low-income persons,
particularly persons who are recipients of HUD assistance for housing.
B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 75,
which implement Section 3. As evidenced by their execution of this contract, the parties
to this contract certify that they are under no contractual or other impediment that would
prevent them from complying with the part 75 regulations.
C. The contractor agrees to send to each labor organization or representative or workers
with which the contractor has a collective bargaining agreement or other understanding,
if any, a notice advising the labor organization or workers' representative of the
contractor's commitments under this Section 3 clause, and will post copies of the notice
in conspicuous places at the work site where both employees and applicants for training
and employment positions can see the notice. The notice shall describe the Section 3
preference, shall set forth minimum number and job titles subject to hire, availability of
apprenticeship and training positions, the qualifications for each; and the name and
location of the person(s)taking applications for each of the positions; and the anticipated
date the work shall begin.
D. The contractor agrees to include this Section 3 clause in every subcontract subject to
compliance with regulations in 24 CFR part 75, and agrees to take appropriate action, as
provided in an applicable provision of the subcontract or in this Section 3 clause, upon a
finding that the subcontractor is in violation of the regulations in 24 CFR part 75. The
contractor will not subcontract with any subcontractor where the contractor has notice
or knowledge that the subcontractor has been found in violation of the regulations in 24
CFR part 75.
E. The contractor will certify that any vacant employment positions, including training
positions, that are filled (1) after the contractor is selected but before the contract is
executed, and (2) with persons other than those to whom the regulations of 24 CFR part
75 require employment opportunities to be directed, were not filled to circumvent the
contractor's obligations under 24 CFR part 75.
25
F. Noncompliance with HUD's regulations in 24 CFR part 75 may result in sanctions,
termination of this contract for default, and debarment or suspension from future HUD
assisted contracts.
G. Contractor shall complete THE REQUIRED Section 3 report within the timeline identified
by the CITY or at a minimum with the final construction pay estimate for the project.
26
Exhibit 3
Section 3—Worker Certification Form
Eligibility for Preference
A Section 3 resident seeking the preference in training and employment provided by this part
shall certify, or submit evidence to the recipient contractor or subcontractor, that the person is
a Section 3 resident, as defined in Section 75. (An example of evidence of eligibility for the
preference is evidence of receipt of public assistance, or evidence of participation in a public
assistance program.)
Part 1. Residents of Marion County, Oregon
I, (print name) , am a legal resident of the City
of Woodburn/Marion County and certify that I meet the income eligibility guidelines for a low-or
very-low-income person.
My permanent address is:
Part 2. Income Status (to be completed by all workers)
Check the number of persons in your household.
01 02 03 04 05 06 07 08
Annual Gross Income:
Check the appropriate box for your household's annual total gross income before taxes for
the most recent tax reporting year. (Income will need to be updated per COUNTY).
is /�v�✓v�✓v�✓ : : ' :.:.g� e� ual/jaass�ul�ulJ2J2Js: rmaY.:.oi
$0- $44,300 $63,251 - $68,350
$42,301- $50,600 $68,351 - $73,400
$50,601- $56,950 $73,401 - $78,450
$56,951 - $63,250 Above $78,451
1 have attached the following documentation as evidence of my status:
a. Copy of lease demonstrating proof of residency in a public housing development.
b. Copy of receipt of public assistance such as a Section 8 certificate or voucher.
c. Copy of evidence of participation in a public assistance program such as Youthbuild,
DTPA, Jobs Corps, et cetera.
d. Income tax records.
e. Other:
I certify that the above information is accurate and is subject to verification by government
officials.
27
By executing this certification, 1 acknowledge and understand that Title 18 United States Code
Section 1001: (1) makes it a violation of federal law for a person to knowingly and willfully(a)
falsify, conceal, or cover up a material fact; (b) make any materially false,fictitious, or
fraudulent statement or representation; OR (c) make or use any false writing or document
knowing it contains a materially false,fictitious, or fraudulent statement or representation, to
any branch of the United States Government, and(2) requires a fine, imprisonment for not more
than five (5)years, or both, which may be ruled a felony,for any violation of such Section.
Signature: Date:
28
Exhibit 4- Certification for Business Concerns Seeking Section 3 Preference
Name of Business:
Address of Business:
Type of Business:
❑ Corporation ❑ Partnership
❑ Sole Proprietorship ❑Joint Venture
Attached is the following documentation as evidence of status:
For business claiming status as a Section 3 resident owned enterprise:
❑ Copy of resident lease ❑ Copy of receipt of public assistance
❑ Copy of evidence of participation in public assistance ❑ Other evidence
For business entity as applicable:
❑ Copy of articles of Incorporation ❑ Certificate of Good Standing
❑ Assumed Business Name Certificate ❑ Partnership Agreement
❑ List of owners/stockholders and %ownership of each ❑ Corporation Annual Report
❑ Latest Board minutes appointing officers
❑ Organizational chart with names and titles and brief function statement
❑ Additional documentation:
For business claiming Section 3 status by subcontracting 25 percent of the dollar awarded to
qualified Section 3 business:
❑ List of subcontracted Section 3 business(es) and subcontract amount
For business claiming Section 3 status, claiming at least 30 percent of their workforce are currently
Section 3 residents or were Section 3 eligible residents within 3 years of date of first employment with
the business:
❑ List of all current full-time employees
❑ List of all employees claiming Section 3 status
❑ PHA/IHA Residential lease less than 3 years from day of employment
❑ Other evidence of Section 3 status less than 3 years from date of employment
❑ Evidence of availability to perform successfully under the terms and conditions of the proposed
contract:
❑ Current financial statement
❑ Statement of ability to comply with public policy
❑ List of owned equipment
❑ List of all contracts for the past two years
(Corporate Seal)
Authorizing Name and Signature
29
Exhibit 5- Section 3 Requirements for Contractors
The purpose of Section 3 is to ensure that jobs and economic opportunities generated by HUD
financial assistance for housing and community development programs shall be directed to low
and very low income persons, particularly those who are recipients of government assistance for
housing and business concerns which provide economic opportunities to low and very low
income persons. Contractors can use HUD's Section 3 Business Registry
1p,s,, „i,„j,g � )to find Section 3 business concerns in the area. In
addition, it is advised that contractors make Disadvantaged Business Enterprises (DBEs) aware of
contracting opportunities to the fullest extent practicable through outreach and recruitment
activities.This will include placing DBEs on solicitation lists and soliciting them whenever they are
potential sources. The following sites may be of assistance for locating DBEs:
• Oregon directory of certified firms at Certification Office of Business Inclusion and
Diversity! vuvuvu. W �1. lz yams C: BIC f.�aWsWfa�. lt.as�x
Y....................................1. ...............................................................g.......................g................ ...................1.....................g.................................. ...........................................1.................g................ ................................................................................
• Federal System for Award Management at www.sam.gov/
• Minority Business Development Agency, US Dept. of Commerce at
http://www.mbda.gov/
• EPA's Office of Small Business Programs at www.epa.gov/osbp/
• U.S. Department of Transportation at http..:./ vuvuvu:tu a isp talio-I,g�Yzf...vi1-
u.g. s:/:j..u.:. ..:j.Y .......................g..".j..a....:..r:_&.s:..................i:."..:.g..u. .".
Contractors on HUD funded projects are required, to the greatest extent possible, to make
available vacant positions, including training and/or apprenticeship positions, to Section 3
workers. If a position necessary to complete the project is vacated during the contract period,
the contractor will make best efforts to fill the vacancies with Section 3 workers.
Contractors are also required, to the greatest extent feasible, to achieve the benchmarks
required for the number of labor hours performed by both Section 3 workers (25%of total labor
hours) and Targeted Section 3 workers (5%of total labor hours). If a contractor fails to fully meet
the Section 3 benchmarks, they must adequately document the efforts taken to meet the
benchmarks.
If a prime contractor is unable to satisfy the Section 3 worker and Targeted Section 3 worker
benchmarks,the requirements may be satisfied through any subcontractors that may be involved
in the project. It is the responsibility of the prime contractor to include Section 3 requirements in
all subcontracts and require subcontractors to submit documentation.
Contractors will need to have employees working on the project complete the certification form
in Exhibit 3.To determine if a worker qualifies as a Section 3 worker or Targeted Section 3 worker,
compare the annual gross income and number of persons reported on the form in Exhibit 3 to
the income limits located at
!!..t tyas llvuvuvu � � � !rL,.g�2y/..Y.utrl! �j_rl .!r, s/il/u1 02.0 020surnmau: ..� i identified by county
where the project will be completed. A Targeted Section 3 worker must meet the income limits
and reside in the county of the project.
30
Certification forms, along with a compliance report, will be submitted to the project owner on a
quarterly basis throughout the contract period. A template report is included below. The
quarterly report shall be submitted no later than 10 days after the end of each calendar quarter
of the contract (e.g., April 10 for calendar quarter January 1 to March 31).The report must
include details of labor hours worked by Section 3 workers, Targeted Section 3 workers, and all
workers. If section 3 benchmarks are not met, the report should document 'Good Faith Efforts'
as described in the included form. The report should include any documentation showing
Section 3 worker eligibility and records of qualitative efforts (such as a copy of a job posting or
solicitations sent to employment agencies).
31
Section 3 Contractor Quarterly Status Report
Submit to Project Owner
Project Title:
Contractor:
Contact Person: Phone:
Local Contract/ Dates of
Agreement#: work
reported:
Labor Hours Worked
Job Title All By Section 3 % Section 3 Targeted %Targeted
Employees Workers* Worker Section 3 Section 3
Hours Workers Worker
Hours
Totals:
*Note: The labor hours for Targeted Section 3 workers should be included in the labor hours
reported for Section 3 workers as well.
Attach employee certification forms showing eligibility as Section 3 or Targeted Section 3
workers if such documentation has not been submitted previously.
Were Section 3 benchmarks met?
25% of total labor hours worked by Section 3 workers _Yes _ No
5%of total labor hours worked by Section 3 Targeted workers _Yes _ No
If NO for either benchmark, please describe 'Good Faith Efforts' in the form below. Attach any
associated information.
32
Project Name: Project No:
Type of Service Solicited:
❑ Construction Contractor ❑ Construction Sub-Contractor ❑ Employee
❑ Other:
Best Effort or Good Faith Did you If yes, please explain what you did and attached
Efforts pursue supporting documentation.
this If no, please explain why this effort is not being
effort? pursued.
(yes or no)
Ensure Section 3 business
concerns are made aware of
contracting opportunities to
the fullest extent practicable
through outreach and
recruitment activities.
Arrange time frames for
contracts and establish
delivery schedules, where the
requirements permit, in a
way that encourages and
facilitates participation by
Section 3 business concerns.
Divide contracts into smaller
jobs to facilitate participation
by Section 3 business
concerns.
Promote use of business
registries designed to create
opportunities for
disadvantaged and small
businesses.
Engage in outreach efforts to
generate job applicants who
are Section 3 or Targeted
Section 3 workers, including
providing notices of any
vacant positions, including
33
training and/or
apprenticeship positions, and
details on qualifications,
where applications will be
received and starting date of
employment to the Section 3
Coordinator for the project
owner.
Provide training or
apprenticeship opportunities.
Other efforts:
34
lI lI IIIA lI""'1111 Ih'
y
TTI
00 BURN
Incorporated 1 8 8 q
LIMITED ENGLISH PROFICIENCY LANGUAGE ACCESS PLAN
This Limited English Proficiency(LEP) Language Access Plan (LAP) addresses City of Woodburn's
responsibilities as a recipient of federal financial assistance as it relates to the needs of
individuals with limited English proficiency language skills. U.S. Department of Housing and
Urban Development defines limited English proficient as persons are who, as a result of national
origin, do not speak English as their primary language and who have a limited ability to speak,
read, write or understand.i Limited English proficiency refers to anyone above the age of 5 who
reported speaking English less than "very well," as classified by the U.S. Census Bureau. For
purposes of Title VI and the LEP Guidance, persons may be entitled to language assistance with
respect to a particular service, benefit or encounter. The plan has been prepared in accordance
with Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d, et seq, and its implementing
regulations which state that no person shall be subjected to discrimination on the basis of race,
color or national origin.
Executive Order 13166, titled "Improving Access to Services for Persons with Limited English
Proficiency," indicates that differing treatment based upon a person's inability to speak, read,
write or understand English is a type of national original discrimination. It directs each agency to
publish guidance for its respective recipients clarifying their obligation to ensure such
discrimination does not take place. This order applies to all state and local agencies which
receive federal funds, including the City of Woodburn.
The City of Woodburn referenced the most current data from U.S. Census Bureau's American
Community Survey(below) and utilized both the Four-Factor LEP Analysis for Meaningful Access
and Safe Harbor Test for Written Translation Services to prepare this plan.
1. INTRODUCTION
The City of Woodburn is located in Marion County, Oregon. According to American Community
Survey(ACS) 5-year estimates for 2015-20201, the City of Woodburn had a total population of
26,008, with 24,207 persons that are 5 years of age or older, and a population of 18,604 that are
18 years of age and older. The City encompasses a multitude of services including the Public
1 American Community Survey Demographic and Housing Estimates, https://data.census.gov/July 2022.
35
Works Department, the Woodburn Public Library and Aquatic Center, Community and Economic
Development, and the Mayor's Office and City Council.
Table 1.1 below identifies languages spoken at home by Woodburn residents. The most recent
Census data available for Language Spoken at Home from the ACS covers 2015-2020.
Table 1: Language Spoken at Home -Woodburn, Oregon—2015-2020
SUBJECT NUMBER PERCENT
Population 5 years and over 24,207
Speak only English 11,091 45.8%
Speak a language other than 13,116 54.2%
English
Spanish 12,226 50.5%
Other Indo-European languages 693 2.9%
Asian and Pacific Island 155 0.6%
languages
Source: U.S. Census Bureau,American Community Survey 5-Year Estimates,ACS Table B16001
2. FOUR FACTOR ANALYSIS FOR MEANINGFUL ACCESS
Recipients are required to take reasonable steps to ensure meaningful access to LEP persons
through the four-factor analysis. This "reasonableness" standard intends to be flexible and fact-
dependent. It also intends to balance the need to ensure meaningful access by LEP persons to
critical services while not imposing undue financial burdens on small businesses, small local
governments, or small nonprofit organizations. As the City of Woodburn encompasses a variety
of services, application of the Four-Factor analysis varies depending on the specific service.
As a starting point, a recipient may conduct an individualized assessment that balances the
following four factors:
1. The number or proportion of LEP persons served or encountered in the eligible service
population ("served" or "encountered" includes those persons who would be served or
encountered by the recipient if the persons received adequate education and outreach
and the recipient provided sufficient language services):
According to ACS 5-year estimates, an estimated 50.5 percent(12,226 persons) of the
population over the age of five (5) in Woodburn reported speaking Spanish at home. In
addition, an estimated 2.9 percent(693 persons) of the population over the age of five(5)
in Woodburn speak other Indo-European languages and 0.6 percent(155 persons)speak
Asian and Pacific Island languages.
According to the 'Safe Harbor'Guidelines provided in Table 2 below,for any language
population that constitutes more than 5%of the population or 50 or more persons in the
2
36
eligible population, it is recommended that all vital documents for City services are or can
be provided as translated documents in that language.
As Spanish speakers, Indo-European, and Asian or Pacific Island speakers can be
considered LEP populations under these guidelines, the City of Woodburn is required to
provide translation services for any vital documents under the 'Safe Harbor'guidelines to
non-English LEP individuals. Table 2 summarizes Safe Harbor guidelines for written
translations.
Table 2: "Safe Harbors" for Written Translations
SIZE C7 LANGUAGE GROUPRECOMMENDED PROVISION OF WRITTEN
LANGUAGE ASSISTANCE
1,000 or more in the eligible population in the market Translated vital documents
area or among current beneficiaries
More than 5% of the eligible population or Translated vital documents
beneficiaries and more than 50 in number
More than 5% of the eligible population or Translated written notice of right to receive free oral
beneficiaries and 50 or less in number interpretation of documents.
5% or less of the eligible population or beneficiaries
No written translation is required.
and less than 1,000 in number
Source:Oregon Business Development Department,Community Development Block Grant(CDBG) "Grant
Management Handbook" (2020),Chapter 7,page 19.
2. The frequency with which LEP persons come into contact with the program:
The City's programs and/or services are to benefit the entire population of the City of
Woodburn. The City encompasses a multitude of services, including City Hall, City Parks,
Library and Community Center, and Public Works/Infrastructure services, which can
including registration to access services and billings associated with utilities and other
services. Those interested in the learning more about the City's programs or projects are
encouraged to attend City Council meetings, access the City's website, or request
information at City Hall.
The City of Woodburn provides vital written documents and information on their website
in English, Spanish, Russian, and Chinese languages. In addition, the City commits to and
provides other language translation services, sign language, hearing, speech or other
translation services as requested via bi-lingual employees/staff who are available during
normal business hour and a contract with the translation service "Language Line".
3. The nature and importance of the program, activity, or service provided by the program:
The program, activities and services provided by the City serves all residents. The City of
Woodburn provides vital written documents and information on their website in English,
Spanish, Russian, and Chinese languages. In addition, the City commits to and provides
other language translation services, sign language, hearing, speech or other translation
3
37
services as requested via bi-lingual employees/staff who are available during normal
business hour and a contract with the translation service "Language Line".
4. The resources available and costs to the recipient:
The City of Woodburn has sufficient staff capacity at City Hall and the Public Works
Department and vital documents are available in Spanish and Russian. Upon request. the
City also commits to provide other language translation services, sign language, hearing,
speech or other translation services as requested via bi-lingual employees/staff who are
available during normal business hour and a contract with the translation service
"Language Line".
FOUR FACTOR ANALYSIS DETERMINATION:The City shall make sure that all notices provide for
access to public meeting spaces and provide for the availability of translation services, if
requested. Said notices will be provided in English and Spanish and Russian and staff has
developed model text to include in future agendas and notices regarding this project.
Based on the four factor analysis for meaningful access, the City provides text translation in
Spanish, Chinese, and Russian, and other languages upon request, on all public notices and
newsletters and other applicable forms that the City of Woodburn has jurisdiction over via their
website. Upon request. the City also commits to provide other language translation services, sign
language, hearing,speech or other translation services as requested via bi-lingual employees/staff
who are available during normal business hour and a contract with the translation service
"Language Line".
3. IMPLEMENTATION PLAN
Language Services Available
Written Translations
Safe Harbor: Housing and Urban Development, in its final guidance for providing program access
to LEP individuals, has detailed a 'Safe Harbor' where providing a certain level of translated
materials for a LEP population of a specified size will "be considered strong evidence of
compliance with the recipient's written translation obligations." According to the 'Safe Harbor'
Guidelines for written language assistance, any language population that constitutes more than
5-percent of the eligible population or beneficiaries and/or 50 person or more in number is
required to provide written translations of vital documents.
The City of Woodburn determines that, in regards to its LEP language populations, Spanish,
Russian, and Chinese LEP populations are at 5 percent or more or 50 persons or more, and thus
translated vital documents is required. Therefore, City of Woodburn is required to provide written
translation to these LEP individuals as identified in the 'Safe Harbor'guidelines. The City of
Woodburn will use, when there is difficulty determining this language spoken, Language
Identification Cards created by the U.S. Census Bureau.
4
38
Vital Documents: The City of Woodburn provides text translation in Spanish, Chinese, and
Russian, and other languages upon request, on all public notices and newsletters and other
applicable forms that the City of Woodburn has jurisdiction over via their website.
Oral Interpretation
Staff Obtainment of Language Services: Staff needing translation services will contact Heather
Pierson, City Recorder, who will refer staff to community liaisons proficient in the language. In
addition, the City of Woodburn will use, when there is difficulty determining this language
spoken, Language Identification Cards created by the U.S. Census Bureau.
Procedure for LEP Callers: Upon request the City also commits to provide sign language, hearing,
speech or other translation services including referrals to community liaisons proficient in
providing services to LEP persons.
Procedure for Written Communication with LEP Individuals
Upon request the City also commits to provide sign language, hearing, speech or other
translation services including referrals to community liaisons proficient in the language of LEP
persons. In addition, the City of Woodburn will use, when there is difficulty determining this
language spoken, Language Identification Cards created by the U.S. Census Bureau.
Procedure for In-Person Communication with LEP Individuals
Employees of the City of Woodburn who encounter an LEP individual will contact Heather
Pierson, City Recorder, who will refer the individual to community liaisons. The LEP individual can
decline the interpretation assistance if he or she wishes to utilize another individual for services,
but the individual will still be offered the service. In addition, the City of Woodburn will use, when
there is difficulty determining this language spoken, Language Identification Cards created by the
U.S. Census Bureau.
Ensuring Competency in Interpreters and Translation Services
Training Staff:All City of Woodburn staff acting as point-of entry contacts will be given
instruction on how to identify LEP clients using Language Identification Cards and other
established methods and how to utilize interpretation services.
Documenting LEP Interactions:All City of Woodburn staff acting as point-of entry contacts will
record interactions with LEP individuals, including the method of interaction, number of
interactions, and reason for interaction.
Monitoring and Updating the LEP: The City of Woodburn will monitor and update the LEP as
needed. The City will review the LEP periodically against new Census data, or as needs arise, to
identify any changes that need to be made or if the City of Woodburn encounters difficulty
interacting with LEP individuals.
5
39
'U.S.
Questions.
Adopted: August 2O22
6
40
lI 11 III lI""1111""'
C�q
DBU N
I n c o r j,o re;t i e d V 8 8 9
POLICY OF NONDISCRIMINATION ON THE BASIS OF DISABILITY STATUS
The City of Woodburn does not discriminate on the basis of disability status in the admission or access
to, or treatment or employment in, its federally assisted programs or activities.
The person named below has been designated to coordinate compliance with the nondiscrimination
requirements contained in the Department of Housing and Urban Development's (HUD) regulations
implementing Section 504 (24 CFR Part 8. dated June 2, 1988).
Name: ADA Coordinator
Address: City of Woodburn, 270 Montgomery Street,Woodburn OR 97071
Telephone Number: 503-982-5231 (Voice)/800-735-1232 (TTY)
Adopted: August 2022
41
BU �
August 22, 2022
TO: Honorable Mayor and City Council, acting as the Local Contract
Review Board
FROM: Jim Row, Assistant City Administrator
Jesse Cuomo, Community Services Director
SUBJECT: Award of Construction Contract for the Concession Stand
Rehabilitation and Reroof as part of the Legion Park Improvement
Project
RECOMMENDATION:
Award a Construction Contract to Nataly's Construction LLC for the Concession
Stand Rehabilitation at Legion Park in the amount of $85,858.00 and authorize the
City Administrator to sign the Agreement.
BACKGROUND:
As part of the Legion Park Improvement Project, the rehabilitation of the existing
concession stand on the site will be made to bring it to an operational standard
and match the standard and quality of the rest of the Legion Park Improvement
Project. Components of the rehabilitation include, but are not limited to, exterior
paint, soffit lighting, new restroom fixtures, epoxy flooring paint, updated siding,
new gutters, and reroof.
This project was bid as two separate components with the reroof, gutters, and
window replacement being one component and the interior work and exterior
paint as the other using the City's intermediate procurement process. Upon bid
closure on August 8, 2022, of both components, it was determined that Nataly's
Construction LLC was the lowest qualified bidder on both parts of the project.
With the total cost of both components of the project exceeding $75,000.00 The
City Council, acting as the Local Contract Review Board, must authorize the City
Administrator to enter into the resulting Agreement with Nataly's Construction LLC.
Agenda Item Review: City Administrator_x City Attorney_x_ Finance—x-
42
Honorable Mayor and City Council
August 22, 2022
Page 2
The contract award is in conformance with public contracting laws of the State
of Oregon as outlined in ORS Chapter 279C for the construction of public
improvements and the public contracting regulations of the City of Woodburn,
therefore, the staff is recommending the contract be awarded.
FINANCIAL IMPACT:
The subject project is identified in the adopter fiscal year 2022/23 Budget and
funded by the General Cap Construction Fund.
43
CITY OF WOODBURN
PUBLIC IMPROVEMENT CONSTRUCTION AGREEMENT
THIS PUBLIC IMPROVEMENT CONSTRUCTION AGREEMENT("Agreement") is entered
into between the City of Woodburn, an Oregon municipal corporation (the "City"), and Nataly's
Construction LLC. , a Contractor("Contractor") (collectively the "Parties").
BACKGROUND
A. City selected Contractor to construct a public improvement project for the City by
contract award through the intermediate procurement process and will now perform the
scope of work for the project as described in this Agreement.
B. This Agreement is for a public improvement project subject to State prevailing wage
rates.
The Parties Agree as Follows:
AGREEMENT
1. Contract Documents. This Agreement shall consist of the following documents
("Contract Documents"), hereby incorporated by reference, and listed in descending order of
precedence as follows:
(i) Authorized Change Orders;
(ii) This Agreement;
(iii) Exhibit A—Scope of Work;
(iv) Exhibit B— Fee Schedule;
(v) Approved Project Construction Drawings & Specifications;
(vi) Contractor's Signed Bid & Proposal;
(vii) First-Tier Subcontractor Disclosure Form;
(viii) Contractor's Proof of Insurance.
The terms of this Agreement control over any inconsistent provision of any document other
than a Change Order.
Contractor acknowledges that it has or has access to all the contract documents referred to in
this Section and agrees to comply with all the Contract Documents.
2. Term. This Agreement becomes effective when signed by both Parties and Contractor
has submitted the required certificates of insurance and performance and payment bonds.
Unless earlier terminated or extended, this Agreement will remain in effect until completion of
Work designated under Section 3 and described in Exhibit A, the improvements have been
PUBLIC IMPROVEMENT CONSTRUCTION AGREEMENT
Nataly's Construction LLC. Page 1 of 22
44
accepted by the City, and the warranty period has expired. Such expiration shall not extinguish
or prejudice the City's right to enforce this Agreement with respect to: (i) any breach of a
Contractor warranty; or (ii) any default or defect in Contractor performance that has not been
cured.
3. Scope of Work. Contractor shall construct the Concession Stand Rehabilitation at Legion
Park including the full scope of work described in Exhibit A Contractor shall perform the Work in
accordance with the terms and conditions of this Agreement, including furnishing all materials,
labor, water, tools, power, equipment, transportation, and other work needed to construct the
Project. Work on the Project is to be completed [pursuant to the schedule included in Exhibit A
and no later than November 15, 2022.
4. Duties of Contractor.
4.1. Contractor shall be responsible for the professional quality, technical accuracy
and coordination of all Work furnished by Contractor under this Agreement. Contractor
shall, without additional compensation, correct or revise any errors or deficiencies in its
work.
4.2. Contractor represents that it is qualified to furnish the Work described in this
Agreement. Contractor has familiarized itself with the nature and extend of the Contract
Documents, Work, locality, and with all local conditions and any federal, state, and local
laws, ordinances, rules, and regulations which, in any manner, may affect cost, progress,
or performance of Work.
4.3. Contractor shall be responsible for employing or engaging all persons necessary
to perform the Work.
4.4. The Contractor shall be responsible for initiating, maintaining and supervising all
safety precautions and programs, including all those required by law in connection with
performance of the Contract. The Contractor shall take reasonable precautions to
prevent damage, injury, or loss to employees and other persons who may be affected
and other property at the site or adjacent thereto. The Contractor shall promptly
remedy damage and loss to property caused in whole or in part by the Contractor, or by
anyone for whose acts the Contractor may be liable.
4.5. The Contractor shall keep the premises and surrounding area fee from
accumulation of debris and trash related to the Work. By the Completion Date,
Contractor shall have removed its tools, construction equipment, machinery, and
surplus material(s), and shall have properly disposed of all waste materials.
4.6. It is understood that Contractor as will designate Gerardo Ramos the person
serving as the main point of contact to the City under this Agreement and that this
designated person shall not be replaced without City's approval.
PUBLIC IMPROVEMENT CONSTRUCTION AGREEMENT
Nataly's Construction LLC. Page 2 of 22
45
5. Duties of City.
5.1. The City shall provide Contractor the pertinent information regarding City's
requirements for the Project.
5.2. The City shall examine documents and construction plans submitted by
Contractor and shall render decisions promptly to avoid unreasonable delay in the
progress of Contractor's Work.
5.3. The City certifies that sufficient funds are available and authorized for
expenditure to finance costs of this Agreement.
5.4. The contact person on the Project for City is designated as Jesse Cuomo,
Community Services Director. The City shall provide written notice to Contractor if City
changes its contact person.
6. Consideration & Payment. The City shall pay Contractor according to the schedule(s) and
unit prices stated in Exhibit B, with the Project Sum totaling $85,858.00.
Contractor shall not submit billings for, and the City will not pay, any amount in excess of the
compensation amount set forth above. If any compensation or fee amount is increased by an
approved Change Order or Amendment, the Change Order or Amendment must be fully
effective before Contractor performs any modified Scope of Work. No payment will be made
for any Work performed before the beginning date or after the expiration date of this
Agreement.
Contractor shall invoice the City monthly for work performed during the previously month-long
period, based on a progress payment calculation outlined and included in Exhibit B. Invoices
shall be directed to the City of Woodburn, Attn: Jesse Cuomo Community Services Director, 270
Montgomery Street, Woodburn, OR 97071. Invoices may also be emailed to:
jesse.cuomo@ci.woodburn.or.us. The City shall make a progress payment equal to the value of
the completed Work, less amounts previously paid, less retainage of 5 percent within 30 days of
receipt of the invoice.
7. Change Orders. A Change Order includes a written order to the Contractor signed by the
City authorizing an addition, deletion, or revision in the Work, or an adjustment in the
Compensation amount or the Completion Date after the effective date of this Agreement. At
any time the need arises, the City may submit a Change Order to Contractor without
invalidating the Agreement, so long as it is within the general scope of this Agreement and the
Contract Documents.
If such changes increase or decrease the amount of Work due under the Contract Documents,
or the time required for performance of the Work, an equitable adjustment shall be authorized
PUBLIC IMPROVEMENT CONSTRUCTION AGREEMENT
Nataly's Construction LLC. Page 3 of 22
46
and approved by the City. The value of any Work covered by a Change Order shall be
determined by one or more of the following methods in the order of precedence listed below:
(i) Unit price previously approved;
(ii) Price of the new or replacement unit; or
(iii) The actual cost of labor, direct overhead, materials, supplies, and other
services necessary to complete the new scope of work plus an amount not
to exceed 5%of the actual Work (to cover the cost of general overhead
profit).
8. Final Acceptance of Project. The City shall inspect the Project within 15 days of receipt
of written notice from Contractor that the Work is ready for final inspection and acceptance.
The City shall either accept or reject Contractor's Work in writing. A rejection must state the
reasons for the rejection and list the Work that must be done before the Project can be
accepted. If a rejection is issued, Contractor shall complete all Work needed to be done and
request another inspection. The process shall be continued until the City determines that the
Project is complete and accepted. Within 30 days after written acceptance by the City and
receipt of the Warranty Bond required by Section 15(iii), all remaining compensation, including
the retainage, shall be paid to Contractor, provided that Contractor shall submit evidence
satisfactory to the City that all payrolls, material bills, and other indebtedness connected with
the Work have been paid; except that in case of disputed indebtedness or liens, the Contractor
may submit in lieu of evidence of payment, a Surety Bond satisfactory to City guaranteeing
payment of all such disputed amounts when adjudicated in cases where such payment has not
already been guaranteed by Surety Bond.
9. Warranties. Contractor unconditionally warrants all work and materials under this
Agreement, including additional work authorized under Change Orders, against any defects
whatsoever, for one year from the date of acceptance by the City, except that manufacturers'
warranties and extended manufacturer warranties as specified in the Contract Documents or
otherwise is a standard manufacturer product warranty shall not be abridged. In addition to its
right to proceed on the warranty, the City may recover for breach of contract or negligence
even if defects do not become evident during the warranty period.
Contractor shall perform all Work in accordance with all specifications, correcting any Work not
in compliance with specifications, and for all repairs of damage to other improvements, natural
and artificial structures, systems, equipment, and vegetation caused by, or resulting in whole or
in part from occurrences beginning during the warranty period and are the result of defects in
construction or materials installed under this Agreement. Contractor shall be responsible for all
costs associated with site cleanup and remediation caused by, or resulting in whole or in part
from, defects in its work or materials.
All Work done to comply with the warranty shall itself be warranted for one year beginning on
the date of the City's notification of the corrections, repairs, replacements or changes.
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10. Liquidated Damages. Contractor recognizes that the City shall incur significant internal
and external costs (damages) as a result of any delay by the Contractor completing all Work by
the specified Completion Date. However, given the nature of the Project, it is unduly
burdensome and difficult to demonstrate the exact dollar value of damages related to delay.
The City has made a good faith and reasonable estimate of damages it would suffer from delay
in completion. Contractor agrees to pay to City, not as a penalty but as liquidated damages, the
amount $100.00 for each calendar day of delay in completion of the project.
The City is authorized to deduct the amount of the liquidated damages from any amounts due
and the Contractor and its Surety shall be liable for any excess.
If the Contract is terminated according to Section 16 and if the Project and all Work has not
been completed by other means on or before the expiration of Completion Date or adjusted
Completion Date, liquidated damages shall be assessed against the Contractor for the duration
of time reasonably required to complete the work.
11. Provisions Required by State Law.
11.1. Contractor shall:
(i) Make payment promptly, as due, to all persons supplying to the Contractor
labor or material for the performance of the Work provided for in the
Agreement;
(ii) Pay all contributions or amounts due the Industrial Accident Fund from the
Contractor or Subcontractor incurred in the performance of the
Agreement;
(iii) Not permit any lien or claim to be filed or prosecuted against City;
(iv) Pay to the Department of Revenue all sums withheld from employees
under ORS 316.167;
(v) Demonstrate that an employee drug testing program is in place. City has
the right to audit and/or monitor the program. On request by the City,
Contractor shall furnish a copy of the employee drug testing program; and
(vi) Salvage or recycle construction and demolition debris, if feasible and cost-
effective.
11.2. If Contractor fails, neglects or refuses to make prompt payment of any claim for
labor or services furnished to the contractor or a subcontractor by any person in
connection with the public improvement contract as the claim becomes due, the City
may pay the claim to the person furnishing the labor or services and charge the amount
of the payment against funds due or to become due the contractor by reason of the
contract.
11.3. If Contractor or a First Tier Subcontractor fails, neglects or refuses to make
payment to a person furnishing labor or materials in connection with this Agreement
PUBLIC IMPROVEMENT CONSTRUCTION AGREEMENT
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48
within 30 days after receipt of payment from the City (or in the case of a subcontractor,
from Contractor), Contractor or first tier subcontractor shall owe the person the amount
due plus interest charges commencing at the end of the 10 day period that payment is
due under ORS 279C.580 (4) and ending upon final payment, unless payment is subject
to a good faith dispute as defined in ORS 279C.580. The rate of interest charged to
Contractor or first-tier subcontractor on the amount due shall equal three times the
discount rate on 90-day commercial paper in effect at the Federal Reserve Bank in the
Federal Reserve district that includes Oregon on the date that is 30 days after the date
when payment was received from the contracting agency or from the contractor, but
the rate of interest may not exceed 30 percent. The amount of interest may not be
wa ived.
11.4. If Contractor or a Subcontractor fails, neglects or refuses to make payment to a
person furnishing labor or materials in connection with this Agreement, the person may
file a complaint with the Construction Contractors Board, unless payment is subject to a
good faith dispute as defined in ORS 279C.580.
11.5. The payment of a claim in the manner authorized in this section does not relieve
the Contractor or the Contractor's surety from obligation with respect to any unpaid
claims.
11.6. For work under this Contract, a person may not be employed for more than 10
hours in any one day, or 40 hours in any one week, except in cases of necessity,
emergency or when the public policy absolutely requires it, and in those cases, the
employee shall be paid at least time and a half pay:
(i) For all overtime in excess of 8 hours in any one day or 40 hours in any one
week when the work week is five consecutive days, Monday through
Friday; or
(ii) For all overtime in excess of 10 hours in any one day or 40 hours in any one
week when the work week is four consecutive days, Monday through
Friday; and
(iii) For all work performed on Saturday and on any legal holiday specified in
ORS 279C.540.
Contractor is not required to pay overtime if the request for overtime pay is not filed
within 30 days of completion of the Agreement if Contractor has posted and maintained
in place a circular with the information contained in ORS 279C.545 as required by ORS
279C.545(1).
11.7. Contractors and Subcontractors must give notice in writing to employees who
perform work under this Agreement, either at the time of hire or beforeth
commencement of Work under the Agreement, or by posting a notice in a location
PUBLIC IMPROVEMENT CONSTRUCTION AGREEMENT
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49
frequented by employees, of the number of hours per day and days per week that the
employees may be required to work.
11.8. Contractor shall promptly, as due, make payment to any person, co-partnership,
association or corporation furnishing medical, surgical and hospital care services or
other needed care and attention, incident to sickness or injury, to the employees of
Contractor, of all sums that Contractor agrees to pay for the services and all moneys and
sums that the Contractor collected or deducted from the wages of employees under any
law, Contract or Agreement for the purpose of providing or paying for the services.
11.9. All employers, including Contractor, that employ subject workers who work
under this Contract in the State of Oregon shall comply with ORS 656.017 and provide
the required Workers' Compensation coverage, unless exempt under ORS 656.126.
Contractor shall ensure that each of its subcontractors comply with these requirements.
11.10. Contractor shall utilize where applicable, recycled materials if(a) The recycled
product is available; (b)The recycled product meets applicable standards; (c)The
recycled product can be substituted for a comparable non-recycled product; and (d)The
recycled product's costs do not exceed the costs of non-recycled products by more than
5 percent.
11.11. Contractor shall include in each first-tier subcontract, including contracts with
material suppliers, a clause that obligates Contractor to pay the firsttier subcontractor
for satisfactory performance under its subcontract within 10 days out of the amounts
paid to Contractor by City under this contract, and if payment is not made within 30
days after receipt of payment from City, to pay an interest penalty as specified in ORS
279C.515(2) to the first-tier subcontractor. The interest penalty does not apply if the
only reason the delay in payment is due to a delay in payment by City to Contractor.
Contractor shall include in each of Contractor's subcontracts, a provision requiring the
first-tier subcontractor to include a similar payment and interest penalty clause and
shall require Subcontractors to include similar clauses with each lower-tier
subcontractor or supplier. Contractor shall also include in each first-tier subcontract a
clause that requires Contractor to provide a standard form that the first-tier
subcontractor may use as an application for payment and that requires Contractor to
use the same form throughout the period of the contract, unless the contractor
provides written notice of a change in the form, including a copy of the new form, at
least 45 days before change.
11.12. By signing this Contract, Contractor certifies that all Subcontractors performing
construction work shall be registered by the Construction Contractors Board or licensed
by the State Landscape Contractors Board before the subcontractor starts Work on the
Project.
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50
11.13. City's performance under the Agreement is conditioned upon Contractor's
compliance with the provisions of: (i)Title VI and VII of the Civil Rights Act of 1964; (ii)
Section 503 and 504 of the Rehabilitation Act of 1973; (iii) the Americans with
Disabilities Act of 1990 (Pub L No 101- 336); (iv) the Oregon Pay Equity Act (ORS
652.220); and (v) ORS Chapter 659, and all amendments of and regulations and
administrative rules established pursuant to those laws, which are incorporated into the
Agreement by reference.
11.14. By signing this Contract, Contractor certifies that it shall comply with Oregon tax
laws.
12. Prevailing Wage. Contractor and subcontractors shall comply with all provisions
required by ORS 279C.800 through ORS 279C.870 relating to the payment of prevailing wage
rates for work performed. Contractor and subcontractors shall pay to workers in each trade or
occupation the current, applicable State prevailing rate of wage as established by the Oregon
State Bureau of Labor and Industries ("BOLI") v�✓„ �u,sa „, u „s„SBC.?LI. Contractor and
any Subcontractors shall post the prevailing wage rates and fringe benefits as required by ORS
279C.840.The City shall not make final payment under this Agreement unless prevailing wage
rate certifications are received.
13. Indemnification. Contractor shall defend, indemnify, and hold the City, its officers,
agents, employees and volunteers harmless against all liability, claims, losses, demands, suits,
fees and judgments (collectively known as 'claims'). That may be based on, or arise out of
damage or injury (including death) to persons or property caused by or resulting from any act
or omission sustained in connection with the performance of this Agreement or by conditions
created thereby or based upon violation of any statute, ordinance or regulation.This
indemnification required shall not apply to claims caused by the sole negligence or willful
misconduct of the City, its officers, agents, employees and volunteers. The Contractor agrees
that it is not an agent of the City and is not entitled to indemnification and defense under ORS
30.285 and ORS 30.287.
14. Insurance. Contractor shall purchase and maintain at their own expense the following
forms and types of insurance:
(i) Commercial General Liability Insurance with minimum coverage in effect
of$1,000,000 per incident, claim or occurrence and $2,000,000 in
aggregate. The policy shall include coverage for personal injury, bodily
injury, advertising injury, property damage, premises, operations, products
completed operations, and contractual damages. Contractor shall remain
fully responsible and liable for any claims resulting from the negligence or
intentional misconduct of contractor, its subcontractors, and their officials,
agents and employees in performance of this contract, even if not covered
by, or in excess of insurance limits.
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51
(ii) Commercial Automobile (Fleet) Liability Insurance with minimum
combined single limit of$1,000,000 covering all owned, non-owned, and
hired vehicles. This coverage shall be written in combination with the
Commercial General Liability Insurance with separate limits for Commercial
Automobile Liability and Commercial General Liability.
(iii) Workers' Compensation Insurance as required by ORS Chapter 656.
Contractor shall ensure that each subcontractor obtains workers
compensation insurance. The Contractor shall ensure that its insurance
carrier files a guaranty contract with the Oregon Workers Compensation
Division before performing work.
Commercial General Liability coverage shall name, by certificate and endorsement the City, its
officers, agents, employees and volunteers as additional insureds with respect to Contractor's
work or services provided under this Agreement. Additionally, Contractor shall provide proof of
coverage required by acceptable Certificate of Insurance and signed Endorsement from the
carrier(s). The Certificate and Endorsement shall provide that there will be no cancellation,
termination, material change or reduction in limits of the insurance coverage without a
minimum 30-day written notice to the City. The Certificate and Endorsement shall also state the
deductible or self-insured retention level.
15. Bonds. Contractor shall procure and deliver to the City, at their own expense, the
following Bonds:
(i) Performance Bond and a separate Payment Bond in a form acceptable to
the City. Each bond shall be equal to 100 percent of the Project Sum. The
Performance Bond and the Payment Bond must be signed by the Surety's
Attorney-in-Fact, and the Surety's seal must be affixed to each bond. Bonds
shall not be canceled without the City's consent, nor shall the City release
them prior to Project completion.
(ii) A Public Works Bond, filed with the Construction Contractor's Board, with
a corporate surety authorized to do business in the State of Oregon in the
amount of$30,000 prior to starting work on this Agreement unless
otherwise exempt. Contractor is aware of the provisions of ORS 279C.600
and 279C.605 relating to notices of claim and payment of claims on Public
Works Bonds.
(iii) Warranty Bond in the amount of the Project Sum to cover the warranty
period after acceptance. The City's acceptance of the work shall not take
effect until receipt of the warranty bond.
Contractor shall include in every Subcontract a provision requiring the Subcontractor to have a
public works bond filed with the Construction Contractor's Board before starting work on the
project, unless otherwise exempt.
16. Termination.
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52
16.1. Parties' Right to Terminate for Convenience. This Agreement maybe terminated
at any time by mutual written consent of the Parties.
16.2. City's Right to Terminate for Cause. The City may terminate this Agreement in
whole or in part, upon 10-days' notice to Contractor, or at such later date as the City
may establish in such notice, upon the occurrence of any of the following events:
(i) Contractor commits a material breach or default of any covenant,
warranty, or obligation under this Agreement, fails to perform the Work
under this Contract within the time specified herein or any extension
thereof, and such breach, default or failure is not cured within the 10-day
notice period after delivery of the City's notice, or such longer period as the
City may specify in such notice;
(ii) Contractor disregards applicable laws and regulation, including failing to
make prompt payment to Subcontractors;
(iii) Contractor makes an unauthorized assignment; or
(iv) Contractor has a receiver appointed because of the Contractor's insolvency
or is adjudged bankrupt.
16.3. Contractor's Right to Terminate for Cause. Contractor may terminate this
Agreement upon 10-days' notice to the City if the City fails to pay Contractor pursuant
to the terms of this Agreement and the City fails to cure within the 10-day notice period
after delivery of Contractor's notice, or such longer period of cure as Contractor may
specify in such notice.
16.4. Remedies. In the event of termination pursuant to Sections 16.1 and 16.3,
Contractor's sole remedy shall be a claim for the sum designated for accomplishing the
Work multiplied by the percentage of Work completed and accepted by the City, less
previous amounts paid and any claim(s) which City has against Contractor. If previous
amounts paid to Contractor exceed the amount due to Contractor under this
subsection, Contractor shall pay any excess to the City upon demand.
In the event of termination pursuant to Section 16.2, the City shall have any remedy
available to it in law or equity. If it is determined for any reason that Contractor was not
in default under Section 16.2, the rights and obligations of the parties shall be the same
as if the Agreement was terminated pursuant to Section 16.1.
17. Independent Contractor; Responsibility for Taxes and Withholding.
17.1. Contractor shall perform all required Work as an independent contractor.
Although the City reserves the right (i) to determine (and modify) the delivery schedule
for the Work to be performed and (ii) to evaluate the quality of the completed
performance, the City cannot and will not control the means or manner of Contractor's
PUBLIC IMPROVEMENT CONSTRUCTION AGREEMENT
Nataly's Construction LLC. Page 10 of 22
53
performance. Contractor is responsible for determining the appropriate means and
manner of performing the Work. Contractor shall also provide, at its sole expense, all
equipment and materials necessary to perform the Work described in this Agreement.
17.2. If Contractor is currently performing work for the State of Oregon or the federal
government, Contractor by signature to this Agreement declares and certifies that:
Contractor's Work to be performed under this Agreement creates no potential or actual
conflict of interest as defined by ORS 244 and no rules or regulations of Contractor's
employing agency (state or federal) would prohibit Contractor's Work under this
Agreement. Contractor is not an "officer", "employee", or "agent" of the City, as those
terms are used in ORS 30.265.
17.3. Contractor shall be responsible for all federal or state taxes applicable to
compensation or payments paid to Contractor under this Agreement and, unless
Contractor is subject to backup withholding, the City will not withhold from such
compensation or payments any amount(s) to cover Contractor's federal or state tax
obligations. Contractor is not eligible for any social security, unemployment insurance or
workers' compensation benefits from compensation or payments paid to Contractor
under this Agreement, except as a self-employed individual
18. No Third Party Beneficiaries. The City and Contractor are the only parties to this
Agreement and are the only parties entitled to enforce its terms. Nothing in this Agreement
gives, is intended to give, or shall be construed to give or provide any benefit or right, whether
directly, indirectly or otherwise, to third persons unless such third persons are individually
identified by name herein and expressly described as intended beneficiaries of the terms of this
Agreement.
19. Subcontracts and Assignment; Successors and Assigns. City has selected Contractor
based on its reputation and specialized expertise. Contractor shall not enter into any
subcontracts for any of the Work required by this Agreement, or assign or transfer any of its
interest in this Agreement without City's prior written consent.
The provisions of this Agreement shall be binding upon and shall inure to the benefit of the
parties hereto, and their respective successors and permitted assigns, if any.
20. Force Majeure. Neither the City, nor Contractor shall be held responsible for delay or
default caused by fire, riot, acts of God, or war where such cause was beyond the reasonable
control of the City or Contractor, respectively. Contractor shall, however, make all reasonable
efforts to remove or eliminate such a cause of delay or default and shall, upon the cessation of
the cause, diligently pursue performance of its obligations under this Agreement.
PUBLIC IMPROVEMENT CONSTRUCTION AGREEMENT
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54
21. Notice. Except as otherwise expressly provided in this Agreement, any communications
between the parties hereto or notices to be given hereunder will be given in writing by personal
delivery, email, or mailing the same, postage prepaid, to Contractor or the City at the address
or number set forth on the signature page of this Agreement. Any communication or notice so
addressed and mailed will be deemed to be given five (5) days after mailing.
22. 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 shall not be affected, and the rights and obligations of
the parties shall be construed and enforced as if the Agreement did not contain the particular
term or provision held to be invalid.
23. Disclosure of Federal Tax ID Number. Contractor must provide Contractor's federal tax
ID number. This number is requested pursuant to ORS 305.385, OAR 125-20-0030 and OAR 150-
305-0010. Federal tax ID numbers provided pursuant to this authority will be used for the
administration of state, federal and local tax laws.
24. Governing Law; Venue; Consent to Jurisdiction.This Agreement shall be governed by
and construed in accordance with the laws of the State of Oregon without regard to principles
of conflicts of law. Any claim, action, suit or proceeding (collectively, "Claim") between the City
and Contractor 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.
Contractor hereby agrees to the in personam jurisdiction of such court and waives any claims of
an inconvenient forum.
25. Confidentiality. Contractor, may, in the course of its duties have in its possession
sensitive information relating to internal policy and procedure of the City. All such information
is confidential and unless permitted by the City in writing, Contractor shall not disclose such
information, directly or indirectly, to any party, its counsel or any representatives, or use it in
any way, except as required to perform their duties as requested by the City.
26. Merger Clause; Waiver.This Agreement and the Contract Documents as incorporated
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, consent, modification or change of terms of this
Agreement shall bind either party unless in writing and signed by both parties. Such waiver,
consent, modification or change, if made, shall be effective only in the specific instance and for
the specific purpose given. The failure of the City to enforce any provision of this Agreement
shall not constitute a waiver by the City of that or any other provision.
[Signature Page Follows]
PUBLIC IMPROVEMENT CONSTRUCTION AGREEMENT
Nataly's Construction LLC. Page 12 of 22
55
CONTRACTOR DATA, CERTIFICATION AND SIGNATURE
(please print or type)
Name (tax filing): Address:
Email: Phone #:
Facsimile#:
Social Security#:
or State Tax ID#:
Federal Tax ID#:
Citizenship, if applicable: Non-resident alien [ ] Yes [ ] No
Business Designation (check one):
[ ] Corporation [ ] Sole Proprietorship [ ] Limited Partnership
[ ] Limited Liability Partnership [ ] Partnership [ ] Limited Liability Company
Above payment information must be provided prior to Contract approval.This information
will be provided to the Internal Revenue Service (IRS) under the name and taxpayer ID
number submitted. Information not matching IRS records could subject Contractor to 31
percent backup withholding.
Certification and Execution:
Contractor, by execution of this contract, hereby acknowledges that contractor has read this
contract, understands it, and agrees to be bound by its terms and conditions.
The Contractor hereby certifies that: (a) the number shown on this form is Contractor's correct
taxpayer ID; and (b) Contractor is not subject to backup withholding because (i) Contractor is
exempt from backup withholding or (ii) Contractor has not been notified by the IRS that
Contractor is subject to backup withholding as a result of failure to report all interest or
dividends, or (iii) the IRS has notified Contractor that Contractor is no longer subject to backup
withholding; (c) they authorized to act on behalf of Contractor, they have authority and
knowledge regarding Contractor's payment of taxes, and to the best of their knowledge,
Contractor is not in violation of any Oregon tax laws; (d) Contractor is an independent
contractor as defined in ORS 670.600; and (e) the above Contractor data is true and accurate.
PUBLIC IMPROVEMENT CONSTRUCTION AGREEMENT
Nataly's Construction LLC. Page 13 of 22
56
Signed by the Contractor:
Nataly's Construction LLC.
Gerardo Ramos, Owner Date
Accepted and Signed by the City:
City of Woodburn
Scott Derickson Date
City Administrator
City of Woodburn
270 Montgomery Street
Woodburn, OR 97071
Email: Scott.Derickson@ci.woodburn.or.us
PUBLIC IMPROVEMENT CONSTRUCTION AGREEMENT
Nataly's Construction LLC. Page 14 of 22
57
EXHIBIT A
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Nataly's Construction LLC. Page 16 of 22
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PUBLIC IMPROVEMENT CONSTRUCTION AGREEMENT
Nataly's Construction LLC. Page 17 of 22
60
EXHIBIT B
COMPENSATION SCHEDULE
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PUBLIC IMPROVEMENT CONSTRUCTION AGREEMENT
Nataly's Construction LLC. Page 18 of 22
61
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rm ammarlal armg rmmamalgMnmm,m t"a'v;^F system as N°w Mho dmvvirr ach"Wit g 4H wlt r;
req,tK1.r d11ar ceirimpheme liaamjllamlwmrrmt,a
14'md fte m lrmv 'lad all 1.a„lmraa,, rrraaa saml, I*omwam1'11M mor`ga,le"r vel mlram fmr mv, 1,am
"Windpw Z`jxzx m,1u,c p[anm
pnalwa}Item W1 mmTcVhm;4;w,lasm all 1-mmbor anal m.maamna^a,ial wm mrmaammmll izo..v gam ffs arld,dot"'mn alrmmmI'm on the
tmmmh lw r:rmlr,;
ffi l,kern 04 w%jclimMdes, ah1,.a1Tw,mr ac'rrm,1 rmnmaw; 1motnemis wmmmwumwM;m�rw1. amrwpmnfmllaa, mmm alr, m a Out exi'vkag,
a'lmammmttrmmrmnr frarrted%i,vmlml apTacaw oma mew hcm, wi*,k7w mm frh!m mml,Tmmplarr a°fny'l ftm rned,rlmauihmpir Banc
'Did,Item#5 a rm.,:lmmnwliaara all,1.aa,'Iffi wrr and mrraramvml wp rwr ,rmin 1,1ra1mpm,° wmmm;mrn,1 1'Wr+ MmM' ram met,,TUM1aw with
w nc,"kim.rom,ma lawmrlammmmal q�1alia#
Did 11m,06 maamlawlammma,1Ai 1.µa4mrm arrnnl, Athd msmmfmglamwAm mwmi ,wa1$1,,mT 8,'
ra'Trrm a i tikxru,slMlma'l11>a r(m)f,and rep para Trwhyrlw a*ufmd ntu mm,rm n,,rems,p rw1';pmm (ft,wwhr mtMi% a S,prm lamrm;mm
#1.
PUBLIC IMPROVEMENT CONSTRUCTION AGREEMENT
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-1 w.'{�&mr�m ri, �dc"v le m wpm m �wuc.'9°al ca m;.Eo�mHy mw arvAine 11w, (14"� um i for thew:° ��anr,om�;m� ��of tl�
peopmed,immmrprmmw c mmmews; imwmmw;aml the wrwm;m;rm it hz bars wt a Pied.hixrvjzllmm
mu,m4 PwA•m,mmwmmmp,m�UxmrmP oft" "m 'rmmmwoSm mf.ewwrwfitau mw 01,wwmmdnnwmv%,,0w'md imd,upm36mu tlw,
t' ;m 11wr ,mew I w-6•tuwk°wmm "' Pwmm fmad rnmommrmlws jk*unchadmi hior mmm.,m'f>rry l` ,,)d im i lc.W"l o rn#y°to
immd;kma gem; -mfmm 11 fi&rWat, of sueb Hmawwro,,,,; Ary gmremm ktimis 0"x"eamwo, ummr An ww.���w uc,w wamul y,
(74"Onar:ammm°m�awv r'u�v. 'murw+mI q,a=6 w
IV* bid Aw a m:mmmmwmmuct,140mm w„onir°rrm l:shall be received or eves1doered mmmw k,%sw wltwmw hildderw is
rt"Kis'eTed w fwlm The("onstrm,., cqi n 4 )rarml Tb C'Ont^aml r.mml OVirry
muuw m mwm�rm°m m wmrm
"must lm ww'mmm mm 1"mwbbl " a'mim4m.mu tloalild 141041 ww'Nm lbw Mr( r,, bw"'ro,re starvingwmwwrmrr k as
O'bir,projtct
Tlh,x majilom p amm of m9wwr'Work' 'amm wmwm'ulm w .
wk.)pd int, a,, wrng f mi w hwamthinS fmxru. a c."t"Amr iupg mmfing,mwv/w,mfochr -t"'c'f aviv,
I nmericif mmm"ad amr ori'lom pa rmfinf&,epmmpwy o wmmmnrmm,IL"wmwmmwwwmwmmw walls,,mmwid cq wr y v mmaft1fig^rmmm°mmwrmwmwm
acid mmmrmw-ewwm'; ro rm'mummwru
v.m amriw^a m m 'd0�a;ild'a"ll to r awwmtm'I'x-;� uatmw,,w1�w�;xmm wa�amw'�mm°ww f,�w mmwam�wawuummma��,.
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�mm r m u mw, n ar a mm SIIknlgl, 4.t►r "Amnmmuw+'mml.Aggregate
pow ; ;wm,rrom'amme Limit
m rwrowr"a rurAw f msm wmw'll l�., mmwmi S -'mI wo.000 0o Sm k Sti ,IV
d Y pam°amxrm ice' m mawmx forma m,na u2a�nm",' •m m
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fljq
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°puma ahwrmM R�wmmmw;:,
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'IYdrirow eft' ,A' mm m wmtt,mop ( rR and lmww offirwrr'm,, amflony'ruwr,. rrme w : Vo rOw ,m and.
wmrrmw,p&ff, mmwm,%
'file rmmsmwummmtmmm;wm.shall Rw Ox"mwmm,, pn �X.Wh ww ord's mwmlo fuP,?!arrcm. In case iGm (hscrk;"wwawwmm,M m,ll m mwmmww.o urm°m
am nnmm wwwrwmm � Pua m �„
kri " mwma�mN"�" .. �w.u m�-.�,' ��,'� w p wwrl
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PUBLIC IMPROVEMENT CONSTRUCTION AGREEMENT
Nataly's Construction LLC. Page 20 of 22
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......... �m
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idm
w�"wxr�vztc'�°rnvHT conwp1.° pkh Mepuu,1ovil.0r'ams v' '�p�iSl�� �,PV2791C01),ihmugh 27 "r.8'70
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ltnsta lA awmer provided smnk,�rou�u ter EA 1. � � � X57_f
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8k[ Ira:,M i iwnwil�rnjl ws,„IJUL Imal I;ibo lirn,A tos itjr lwwiuog w KNJ is r l a r .. wg � a w,, ADA vz",A).m it e kolit
ludk ,ts of simnilaer quakity asyklaMrr ,,and wtrathw -srsrip
Md Imeyn t,12 isnd im 'li W ."It Aild 1Ykmm.,eT,4l*to c,-po y cxmt flic Ifloo, s in the evicriior ay,51201cal n ;
Bid hem 43 incLudcs all 1.4,wxf aria rrw l trial. %M,, r4i134 03w,NV if ira,r`l=CXAMNOT Testrooms as per
the drrawirag.gs.
PUBLIC IMPROVEMENT CONSTRUCTION AGREEMENT
Nataly's Construction LLC. Page 21 of 22
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D;�A 1101104 OWhWIOR 21.1 Lalm>r and rmkierial fry replam,the sinks in the,extemoT Tutromms.znd
cac,afffic iturmnKm r", roqxrmff,&S jx-r thv drwwing,,,
Bld Item#5 iurw,,PwJv;MI L�r Drul mxmrnmlw Tq,N rqdmcc irm tho e,math m m"Amoom"".
Bid firm*6 iyw,,hKks al t I auyr and makatiml No Imin t ex1an' twir rmix( )do m%And
arra l'"l"um
B44 DOM 'l
kWhKU1 qs cVmwvlaj an"'I supr4im w ripml*v*, amfill 9,',N(kJ Am
east wall lamwrmaa a urmm wbukow),
B;L,d heim#9 ilyWPUdIeS 101 Labar and rmawrW to ftmaH saffil H&A-ing-,as ind'ic."alzd an 11he Plans
8dd Vcm,09 includes,all Labor"ramicrial,tocpaxy cmd comormskim, recwn,floor.
116d Item,910 fimAudm all Lal;ur and mazerial w paint nxim walls-
8�k&Hcm 0 1111 knoEudes al.]Labur,and maWfial to conmec-Umimics pffavidckl!SS slink,anal,cxmilter
W f"N'10iaig.ahanden drain mad supply in", jw On TDOM 1141Ckr-
Damd 7 arm dudm 4011 1(-ab4m,mrid mawhm]to :all nomv immior soHd Lorre do.ar,jamab,
ONW,mrimm pu�rxxstmr
"up4ming.
Rkd,Bern 0 M 3,knatudie%all l,aalmamr Anil"talum'A"I to imsmalp,rww%%vathcr am ip cm, 1411 c,me"rior csDars
Md,Itern 914 ixwHudes all Il abovand.rnalefiaf,U.o veplACe!Wid)DIM"11.hg1V1 EX044TtS i3l inA(rTi1(,wjr
re"T'Ircromm
Rid,Item 015 InchIA&S,R111 Lal"mm''A"md AmmeriAl 11,rip l,zwv kw iob mm",Fmis tan infxmicu rcs"W"mcus,
Md Elam#`l6 iniclu&-t a1t *ad mozoli,44,wW,,Fg 1914,71CMKM Cd1C'AAiF15VA21 tTiMM15,41,a�W
PUBLIC IMPROVEMENT CONSTRUCTION AGREEMENT
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