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November 12, 2024 Agenda FRANK LONERGAN,MAYOR CITY OF WOODBURN DEBBIE CABRALES,COUNCILOR WARD I MARK WILK,COUNCILOR WARD II CITY COUNCIL AMENDED JEN CANTU,COUNCILOR WARD III SHARON SCHAUB,COUNCILOR WARD IV MARY BETH CORNWELL,COUNCILOR WARD V AGENDA ERIC MORRIS,COUNCILOR WARD VI NOVEMBER 12, 2024- 7:00 P.M. CITY HALL COUNCIL CHAMBERS-270 MONTGOMERY STREET 1. CALL TO ORDER AND FLAG SALUTE 2. ROLL CALL 3. ANNOUNCEMENTS AND APPOINTMENTS Announcements: A. City Hall and the Library will be closed November 28 and 29 for the Thanksgiving Holiday. The Aquatic Center will be closed November 28 and open regular hours on November 29. Transit Services will be closed on November 28 and will run holiday hours (9:00 a.m. - 3:00 p.m.) on November 29. B. Mayor's Tree lighting - December 1, 2024, from 4:00 p.m. to 7:00 p.m. - Woodburn Downtown Plaza. Enjoy the Mayor's Lighting of the Tree (with an appearance by Santa) then follow Santa to his workshop at the Woodburn Public Library for crafts, games, and photos! Youth with disabilities and their families can participate in all activities with limited crowds at the Woodburn Public Library at 3:00 p.m. To register for early access please call 503-982-5386. C. The City Council meeting scheduled for November 25, 2024, has been cancelled. The next City Council meeting will take place on December 9, 2024, at 7:00 p.m. Appointments: None. 4. COMMUNITY/GOVERNMENT ORGANIZATIONS This facility is ADA accessible. If you need special accommodation, please contact the City Recorder at 503-980-6318 or Statewide To//Free Relay (800) 735-1232, at least 48 hours prior to this meeting. 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. **Habra int6rpretes disponibles para aquellas personas que no hablan Ingl6s, previo acuerdo. Comuniquese al (503) 980-6322.** November 12, 2024 Council Agenda Page i None. 5. PROCLAMATIONS/PRESENTATIONS Proclamations: A. November as Small Business Month 1 Presentations: B. Recognition of Pavel Anfilofieff C. Quarterly investment report by PFM 2 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. A• Woodburn City Council minutes of October 28, 2024 26 Recommended Action: Approve the minutes. B. Woodburn City Council Executive Session minutes of October 28, 30 2024 Recommended Action: Approve the minutes. C. Building Activity for October 2024 31 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. November 12, 2024 Council Agenda Page ii A. Authorization of Peer Court Program Agreement with Boys and Girls 32 Club of Salem, Marion and Polk Counties and Intergovernmental Agreement with the Woodburn School District for Peer Court Program Funding Recommended Action: Authorize the City Administrator to sign an agreement with the Boys and Girls Club of Salem, Marion and Polk Counties to establish and operate a Peer Court Program for the City of Woodburn with grant / project administrative services provided by the City. Authorize the City Administrator to sign the Intergovernmental Agreement with the Woodburn School District, memorializing the funding and administrative responsibilities of the Parties for the Peer Court Program. 12. OTHER BUSINESS None. 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. A. Council Briefing of Planning Commission approval of a Conditional 51 Use, Design Review, Phasing Plan, & Street Adjustment consolidated application package for US Market gas station and commercial areas at 2540 & 2600 Newberg Hwy (CU 24-02) Recommended Action: Staff recommends that the City Council take no action on this item and provides this summary pursuant to oodI[ou�ran I)e eIloLa iD)e r ll (:))C:d ncj nc e ..(,. Q(: J Section 4.02.02. The Council may call up this item if desired and, by majority vote, initiate a review of the Planning Commission decision. 14. CITY ADMINISTRATOR'S REPORT 15. MAYOR AND COUNCIL REPORTS 16. EXECUTIVE SESSION A. To review and evaluate, pursuant to standards, criteria and policy directives adopted by the governing body, the employment-related performance of the chief executive officer of any public body, a public officer, employee or staff member unless the person whose performance is being reviewed and evaluated requests an open hearing pursuant to ORS 192.660 (2)(1) November 12, 2024 Council Agenda Page iii 17. ADJOURNMENT November 12, 2024 Council Agenda Page iv PROCLAMATION NOVEMBER 2024 - SMALL BUSINESS MONTH WHEREAS, the City of Woodburn, OR celebrates our local small businesses and the contributions they make to our local economy and community; and WHEREAS, according to the United States Small Business Administration, there are currently 33.3 million small businesses in the United States, that employ more than 59 million people; and WHEREAS, small businesses employ 45.9 percent of all private sector businesses with employees in the United States; and WHEREAS, on average, 33 percent of consumers' holiday shopping will be done at small, independently-owned retailers and restaurants; and WHEREAS, over a quarter(27.3%) of all firms are family-owned businesses. WHEREAS, Woodburn, OR supports its 80+small businesses that create local jobs,boost our local economy, and preserve our neighborhoods; and WHEREAS, advocacy groups as well as public and private organizations across the country have endorsed the Saturday after Thanksgiving as Small Business Saturday. NOW, THEREFORE, I, Frank Lonergan, Mayor of the City of Woodburn, do hereby proclaim the month of November 2024, as SMALL BUSINESS MONTH and encourage the members of our community to support small businesses and merchants during the month of November and November 301h for Small Business Saturday, and throughout the year. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Woodburn to be affixed this 12 day of November 2023. 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ROLL CALL Mayor Lonergan Present Councilor Cantu Present Councilor Cornwell Present Councilor Schaub Present Councilor Morris Present—via video conferencing Councilor Cabrales Present Councilor Wilk Present Staff Present: City Administrator Derickson, City Attorney Granum, Police Chief Pilcher, Special Projects Director Wakeley, City Recorder Pierson, Community Services Director Cuomo, Deputy Chief Millican, Finance Director Turley, Economic Development Director Johnk, Human Resources Director Gregg, Public Affairs and Communications Manager Guerrero, Community Development Director Kerr, Public Works Director Stultz, Assistant City Attorney Killmer, Community Relations Manager Herrera ANNOUNCEMENTS Mayor Lonergan announced the following: • City Hall will be closed on Monday, November 11, 2024, in observance of Veteran's Day. • The November 11, 2024, City Council Meeting is moved to November 12, 2024. PROCLAMATIONS Mayor Lonergan read a proclamation declaring October 2024 as Domestic Violence Awareness Month in the city of Woodburn. Pami Guerra, Victim Assistance Director at the Marion County District Attorney's Office provided information on the services they provide to victims and survivors of crime. Jane Downey with the Center for Hope and Safety provided statistics on the number of people that they have helped in the Woodburn Community and provided information on the services they provide. PRESENTATIONS Mayor Lonergan thanked Chief Pilcher for his service to the City of Woodburn. CONSENT AGENDA A. Woodburn City Council minutes of October 14, 2024, B. Monthly Financial Report, C. Acceptance of Easement and Right of Way at 2355 North Boones Ferry Rd (Tax Lot 051 W07BA00900), D. Acceptance of Easements at 2385 Sprague Lane (Tax Lot 052W1213000100), E. Redflex Report for July through September 2024, Page 1 - Council Meeting Minutes, October 28, 2024 26 COUNCIL MEETING MINUTES OCTOBER 28, 2024 F. Intergovernmental Agreement with Woodburn Urban Renewal Agency for Loan of$1,360,000 to be used for the Agency's purchase of the Young Street Property. Schaub/Cabrales... approve the consent agenda. The motion passed unanimously. PUBLIC HEARING A Public Hearing to consider input on Legislative Amendment 2024-01 (LA-24-01) and adoption of Comprehensive Plan Map Amendment to incorporate previously established Urban Reserve Area (URA). Mayor Lonergan declared the hearing open at 7:16 p.m. for the purpose of hearing public input on Legislative Amendment 2024-01 (LA-24-01) and adoption of Comprehensive Plan Map Amendment to incorporate previously established Urban Reserve Area (URA). Community Development Director Kerr and Special Projects Director Wakeley provided a staff report. Mayor Lonergan asked if any members of the public wished to speak in support of Legislative Amendment 2024-01 (LA-24-01) and adoption of Comprehensive Plan Map Amendment to incorporate previously established Urban Reserve Area(URA). Greg Blaser, 8097 Parr Rd NE, spoke in favor of Legislative Amendment 2024-01 (LA-24-01) adoption of Comprehensive Plan Map Amendment to incorporate previously established Urban Reserve Area (URA). No members of the public wished to speak in opposition of Legislative Amendment 2024-01 (LA-24-01) and adoption of Comprehensive Plan Map Amendment to incorporate previously established Urban Reserve Area(URA).Mayor Lonergan closed the hearing at 7:39 p.m. Schaub/Cantu... tentatively approve legislative amendment LA24-01 adopting a comprehensive plan map amendment based on the Analysis and Findings Exhibit A and hold the first reading of Ordinance 2633 to implement the amendment. On roll call vote the motion passed unanimously. COUNCIL BILL NO. 3264 - AN ORDINANCE ADOPTING LEGISLATIVE AMENDMENT 2024-01 (LA-24-01) FOR COMPREHENSIVE PLAN MAP AMENDMENT TO INCORPORATE PREVIOUSLY ESTABLISHED URBAN RESERVE AREA (URA) Schaub introduced Council Bill No. 3264. City Recorder Pierson read the bill once by title only since there were no objections from the Council. Mayor Lonergan announced that the second reading will take place after Marion County Board of Commissioners has had their hearing on this matter. COUNCIL BILL NO. 3265 - AN ORDINANCE GRANTING A CABLE TELEVISION FRANCHISE TO WAVEDIVISION VII, LLC; AND DECLARING AN EMERGENCY Schaub introduced Council Bill No. 3265. City Recorder Pierson read the bill twice by title only since there were no objections from the Council. City Attorney Granum provided a staff report. David Von Moritz with Wave Broadband stated that they are happy to continue in the City of Woodburn and noted that they have no plans to move their offices out of the City. On roll call vote for final passage,the bill passed unanimously. Mayor Lonergan declared Council Bill No. 3265 duly passed. COUNCIL BILL NO. 3266 - A RESOLUTION ADOPTING THE UPDATED WOODBURN TRANSIT SYSTEM TITLE VI PROGRAM Schaub introduced Council Bill No. 3266. City Recorder Pierson read the bill by title only since there were no objections from the Council. City Administrator Derickson and Human Resources Director Gregg provided a staff report. On roll call vote for final passage, the bill passed unanimously. Mayor Lonergan declared Council Bill No. 3266 duly passed. Page 2 - Council Meeting Minutes, October 28, 2024 27 COUNCIL MEETING MINUTES OCTOBER 28, 2024 COUNCIL BILL NO. 3267 - A RESOLUTION TO EXTEND AND PROVIDE MUNICIPAL SEWER SERVICES TO THE RUSSIAN OLD BELIEVERS ST NIKOLA CHURCH PROPERTY (8702 PARR ROAD NE, WOODBURN, OREGON) LOCATED OUTSIDE THE CORPORATE CITY BOUNDARIES Schaub introduced Council Bill No. 3267. City Recorder Pierson read the bill by title only since there were no objections from the Council. Community Development Director Kerr and Public Works Director Stultz provided a staff report. Garrett Stephenson with Schwabe,Williamson,and Wyatt stated that he believes this is a good compromise for all parties. Roseann Johnson with Lennar stated that she is available for questions. Council Wilk stated his concerns about having this unincorporated piece remaining. On roll call vote for final passage, the bill passed unanimously. Mayor Lonergan declared Council Bill No. 3267 duly passed. COUNCIL BILL NO. 3268 - A RESOLUTION ADOPTING A SUPPLEMENTAL BUDGET AND APPROVING TRANSFER $1,360,000 FROM CONTINGENCY TO TRANSFERS OUT IN THE GENERAL FUND FOR THE INTERAGENCY LOAN TO THE URBAN RENEWAL AGENCY Schaub introduced Council Bill No. 3268. City Recorder Pierson read the bill by title only since there were no objections from the Council. City Administrator Derickson and Finance Director Turley provided a staff report. On roll call vote for final passage,the bill passed unanimously.Mayor Lonergan declared Council Bill No. 3268 duly passed. PUBLIC ARTS AND MURAL COMMITTEE SCHOLARSHIP PROGRAM Assistant City Attorney Killmer and Economic Development Director Johnk provided a staff report. Schaub/Cornwell... authorize the Public Arts and Mural Committee(PAMC)to proceed with offering the Woodburn Visual Arts Scholarship Program to graduating seniors at Woodburn High School and allocate $5,000 from the City's General Fund to fund the program. The motion passed unanimously. CITY ADMINISTRATOR'S REPORT The City Administrator reported the following: • Attended the League of Oregon Cities conference and it was one of the better ones that he has attended. Jamie and Maricela presented the Regional Tourism Program at the conference. • Signed an Executive Order appointing Jason Millican as the Acting Police Chief. • He will be out of town on Chief Pilchers' last day with the City but thanked him for his honesty and integrity. He added that he is grateful for his work here at the City and that he will be missed. • An executive session is being added to tonight's meeting. • Before the executive session he will give a tour of the basement remodel to the Council. MAYOR AND COUNCIL REPORTS Councilor Wilk attended the League of Oregon Cities Conference last week and it reinforced how well run our City is. He added that he attended the Trunk or Treat, and it was a blast. Councilor Cornwell stated that she also attended the Trunk or Treat, and it was packed. Page 3 - Council Meeting Minutes, October 28, 2024 28 COUNCIL MEETING MINUTES OCTOBER 28, 2024 Councilor Schaub stated that she was disappointed she couldn't attend the League of Oregon Cities Conference. Mayor Lonergan reminded everyone that there is an election going on and a ballot measure to support. EXECUTIVE SESSION Mayor Lonergan entertained a motion to adjourn into executive session under the authority of ORS 192.660 (2)(h). Schaub/Cabrales... move into executive session under the authority of ORS 192.660 (2)(h). The motion passed unanimously. The Council adjourned into executive session at 8:40 p.m. and reconvened at 9:08 p.m. Mayor Lonergan stated that no action was taken by the Council while in executive session. ADJOURNMENT Schaub/Cabrales... move to adjourn. The motion passed unanimously. Mayor Lonergan adjourned the meeting at 9:08 p.m. APPROVED FRANK LONERGAN, MAYOR ATTEST Heather Pierson, City Recorder City of Woodburn, Oregon Page 4 - Council Meeting Minutes, October 28, 2024 29 EXECUTIVE SESSION MINUTES OCTOBER 28, 2024 DATE CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, OCTOBER 28, 2024 CONVENED The meeting convened at 8:50 p.m. with Mayor Lonergan presiding. ROLL CALL Mayor Lonergan Present Councilor Cantu Present Councilor Cornwell Present Councilor Schaub Present Councilor Wilk Present Councilor Morris Present—via telephone Councilor Cabrales Present Mayor Lonergan reminded Councilors and staff that information discussed in executive session is not to be discussed with the public. Staff Present: City Administrator Derickson, City Attorney Granum, City Recorder Pierson Others in attendance: None. The executive session was called: To consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed pursuant to ORS 192.660 (2)(h). ADJOURNMENT The executive session adjourned at 9:07 p.m. APPROVED Frank Lonergan, Mayor ATTEST Heather Pierson, City Recorder City of Woodburn, Oregon Page 1 —Executive Session Minutes, October 28, 2024 30 CITY OF WOODB URN Community Development Department MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071 (503)982-5246 Date: November 4, 2024 To: Chris Kerr, Community Development Director From: Melissa Gitt, Building Official Subject: Building Activity for October 2024 2022 2023 2024 No. Dollar Amount No. Dollar Amount No. Dollar Amount Single-Family Residential 6 $1,526,414 4 $962,891 20 $6,890,825 Multi-Family Residential 0 $0 5 $11,727,220 0 $0 Assisted Living Facilities 0 $0 0 $0 0 $0 Residential Adds&Alts 16 $198,220 10 $77,926 19 $393,352 Industrial 0 $0 0 $0 1 $690,696 Commercial 8 $690,395 14 $1,911,790 2 $24,844,001 Signs and Fences 0 $0 0 $0 0 $0 Manufactured Homes 0 $0 0 $0 0 $0 TOTALS 30 $2,415,029 33 $14,679,827 42 $32,818,874 Fiscal Year to Date $46,529,533 $47,746,386 $90,265,925 Jul 1 —June 30 Totals Reflect Permit Valuation I:ACormnunity Development\Building\BuildingActivity\B1dgAct-2024-10October.doc 31 4�4?4 4'*7 N g Pi�e� Item WTOODBURN Inc orpornreA 1889 November 12, 2024 TO: Honorable Mayor and City Council through City Administrator FROM: Jesse Cuomo, Community Services Director Zoraya Uder, Community Education & Outreach Coordinator SUBJECT: Authorization of Peer Court Program Agreement with Boys and Girls Club of Salem, Marion and Polk Counties and Intergovernmental Agreement with the Woodburn School District for Peer Court Program Funding RECOMMENDATION: Authorize the City Administrator to sign an agreement with the Boys and Girls Club of Salem, Marion and Polk Counties to establish and operate a Peer Court Program for the City of Woodburn with grant/ project administrative services provided by the City. Authorize the City Administrator to sign the Intergovernmental Agreement with the Woodburn School District, memorializing the funding and administrative responsibilities of the Parties for the Peer Court Program. BACKGROUND: In the post COVID-19 pandemic environment, communities across Oregon and the nation have identified pandemic related social and family behavioral issues manifesting in middle school/pre-high school populations. Consistent with these national trends, the City, in coordination with the Woodburn School District and the Woodburn Police Department, has identified an alarming uptick in school suspensions, drug activity around schools, increasing amounts of vandalism throughout the City, and, in some cases, gang affiliated violence. These trends have required increased police involvement with school age children. In response to these trends, the City coordinated two region-wide youth intervention meetings, conducted in May of 2023. The meetings included multijurisdictional agencies and non-profit organizations, bringing resources and information to the table with the goal of developing a City-wide strategy for engaging vulnerable youth. Participants included various City Departments, the Woodburn School District, Marion County Juvenile Department, Safety Compass, Ray of Hope and other community non-profits. Agenda Item Review: City Administrator_x_ City Attorney x_ Finance_x_ 32 Honorable Mayor and City Council November 12, 2024 Page 2 As a result of those meetings, the City, in coordination with its community and agency partners, concluded that additional prevention and intervention services, programs, and education for youth and parents is needed to counter the increase in low-level criminal behavior exhibited by youth in the community. The goal has been to engage families with school age children with information, services and programs to address these concerning trends and to direct young people onto a better path for success. To that end, in June 2023, the City Council approved the creation of the Community Outreach and Education Coordinator (COEC) position within the City, which was filled in November of 2023. DISCUSSION: With the establishment of the COEC position, the City and its partners have enhanced their focus on preventing high-risk activities among youth and their families. The introduction of the two-year Woodburn Peer Court program aims to provide a constructive alternative to the traditional criminal justice system for youth (ages 12-17) who have engaged in non-violent low-level criminal behavior. This initiative will be managed by the Boys and Girls Club of Salem, Marion, and Polk Counties (BGC), which currently operates a peer court program in Salem. Each Peer Court proceeding will involve two volunteer legal professionals serving as judge and a jury facilitator. Upon successful completion of the program, the offense will be expunged from the participant's record. Conversely, a youth's failure to complete the program will result in a referral back to the Marion County Juvenile Department. Peer Court Program Overview: - The program will focus on teenaged youth, ages 12-17 who are first time offenders and have been charged with non-violent low level criminal offences. - All referrals to the Peer Court will be made by Marion County Juvenile Department. - All Peer Court referrals are required to have an intake appointment with Boys and Girls Club staff which will include a review of the completed police report on the incident in question and the charges filed against the participant. - The parent or guardian of the referred youth must participate in the intake appointment and attend the court proceeding, 33 Honorable Mayor and City Council November 12, 2024 Page 3 - The referred youth must plead guilty to participate in the peer court program. - Failure to attend court or complete sanctions could result in the youth being referred back to Marion County Juvenile Department. Required Peer Court sanctions include: - An in-court apology to parent/guardian. - Serving as a juror for a minimum of one (1 ) Peer Court proceeding. Other potential sanctions include, but are not limited to: - Participating in Workforce Readiness Workshops. - Participating in College/Industry Tours through the Boys & Girls Club. - Drafting a research report assigned by the jury to provide a greater understanding of the crime and its impact. - Engaging in an Empathy Activity. - Participating in Community Service. FINANCIAL IMPACT: If approved, the City would allocate $45,000 of ARPA funds which have already been budgeted for in the fiscal year 2024-25 adopted budget. The Woodburn School District will provide Boys and Girls Club of Marion County an additional $45,000 in total to support the two-year peer court program. 34 CITY OF WOODBURN SOCIAL SERVICES GRANT AGREEMENT BOYS&GIRLS CLUB—PEER COURT THIS ARPA Funded Social Services Grant Agreement ("Agreement"), dated this day of , 2024 ("Effective Date"), is made and entered into by and between the City of Woodburn, an Oregon municipal corporation (the "City"), and the Boys &Girls Club of Salem, Marion, and Polk Counties Inc., an Oregon Non-profit Corporation ("Grantee") (together the "Parties"). BACKGROUND A. The American Rescue Plan Act ("ARPA") has provided the City with local fiscal recovery funds in the amount of approximately$5.8 million since 2021. In October 2021, the City authorized the expenditure of ARPA funds to provide economic support for local nonprofit organizations. B. The City has identified Grantee as a regional nonprofit organization that is an essential partner in providing vital services to the youth of Woodburn and its surrounding communities, including youth directly impacted as a result of the COVID-19 pandemic. C. As communities continue to move forward in the post COVID-19 pandemic environment, communities across Oregon and the nation have identified pandemic related social and family behavioral issues manifesting in middle school/pre-high school populations. D. Grantee operates a Peer Court program in Salem, Oregon, wherein youth charged with nonviolent misdemeanor offenses are diverted to the program and, upon completion of the program, may request to have the charged offense expunged from their criminal record. E. The Parties desire to expand the reach of the Salem Peer Court program by creating a Peer Court program in Woodburn to better serve the youth of Woodburn and its surrounding communities. F. The City desires to provide financial support to Grantee in the amount of$45,000 in Fiscal year 2024-2025 in exchange for Grantee establishing and operating at Peer Court program in Woodburn. G. The City desires to support Grantee by providing grant administration services as well as access to City facilities, specifically the City Hall Council Chamber and conference rooms, for operation of the Peer Court program. H. This Agreement provides for the terms and conditions under which Grantee shall receive and may expend the identified grant funding. THE PARTIES AGREE AS FOLLOWS: SOCIAL SERVICES GRANT AGREEMENT Boys&Girls Club of Salem,Marion and Polk Counties Peer Court Program Page 1 of 10 35 AGREEMENT 1. Purpose.The purpose of the grant funding is to support Grantee's operation of the Peer Court program ("Project Services"). The program will provide the opportunity for youth charged with misdemeanor criminal offenses to engage in a peer-to-peer youth court trial. Participants who successfully complete the program will have the opportunity to have the charged misdemeanor offense expunged from their criminal record. ARPA funding and funding allocated from the Woodburn School District through an Intergovernmental Agreement(IGA)with the City will be applied towards the costs incurred by Grantee to operate the Peer Court program. 2. Effective Date & Duration.This Agreement is effective as of the day and year specified above, and unless extended or terminated earlier in accordance with its terms, will expire on January 31, 2027. Although the City shall continue to administer the Peer Court program through January 31, 2027,the City's portion of funding for the program shall be allocated during FY 2024-2025. Unless otherwise agreed to in writing and subject to the availability of funds, no other City funding shall be allocated beyond FY 2024-2025 for the Peer Court program. 3. Grant Funding. 3.1. Grant Amount. In accordance with the terms and conditions of this Agreement, the City shall provide Grantee with forty-five thousand dollars ($45,000) ("Grant Funds") during Fiscal year 2024-2025 to carry out the identified Project Services. The Woodburn School District ("the District") shall provide an additional $45,000 to Grantee over two years to carry out the identified Project Services. The collaboration between the City and the District shall be governed by the terms of an intergovernmental agreement (IGA) between the City and the District. The IGA is attached as Exhibit A to this Agreement and incorporated herein by reference. 3.2. Disbursement Schedule.The City shall allocate and distribute the Grant Funds to Grantee pursuant to the following schedule: Funding Cycle I Issuance Date Total Funds FY 2024-2025 1 Within 45 days of Effective Date $45,000 *FY means the city's fiscal year that runs from July 1st—June 30th of the following calendar year. 3.3. Disbursement Generally.The City shall disburse Grant Funds to Grantee for the allowable Project Services that are undertaken during the Term of this Agreement, subject to the availability of sufficient ARPA funds. Grantee agrees that it shall provide to the City any information or detail regarding the expenditure of Grant Funds prior to future disbursements or as the City may request. 4. Conditions of Funding. 4.1. Project Activities. Grantee is a nonprofit organization that provides youth services and support programming to Woodburn and surrounding communities. Grantee has been operating a Peer Court program in Salem, Oregon, for over 15 years in partnership with Marion County. That program adjudicates between 70 and 100 cases per year. Now, due to the success of the SOCIAL SERVICES GRANT AGREEMENT Boys&Girls Club of Salem,Marion and Polk Counties Peer Court Program Page 2 of 10 36 Salem, Oregon Peer Court Program, and considering Grantee's successful history of providing a continuum of youth services and support programming to the youth of Woodburn and surrounding communities, the Parties wish to expand the Peer Court program to Woodburn. The specific operational parameters of the Peer Court program will be memorialized in a management agreement between Grantee and the Marion County Juvenile Department. No funding will be provided by the City until the management agreement between Grantee and Marion County Juvenile Department is finalized and provided to the City. It is the expectation of the City that on or before January 31, 2025, Grantee shall utilize the Grant Funds to initiate Project Services, namely, the establishment and operation of a Woodburn Peer Court program. 4.2. Project Work Plan. On or prior to December 31, 2024, and again on or prior to June 1, of each program year, Grantee shall submit to the City a Project Work Plan that outlines Grantee's proposed project activities for carrying out the Project Services.The work plan should include, at a minimum, a proposed budget plan for expenditure of the Grant Funding, a Program staffing plan for the Woodburn Peer Court program, and any performance targets or goals for the upcoming year. 4.3. Eligible Use of Grant Funds. In providing Project Services under this Agreement, Grantee may use and expend Grant Funds for the following costs/purposes: (i) staffing, (ii) office supplies, to support the Woodburn Peer Court program. Authorized or allowable costs exclude expenditures for any of the following: (i) religious instruction or recruitment; (ii) real estate purchases; (iii) lobbying or political activities; (iv) costs for providing services outside of North Marion County; (v) indirect costs and overheard not readily assignable to Project Services; and (vi) any activity prohibited by state, federal, or local law or rule. 4.4. Reporting. Grantee shall submit recurring reports and updates to the City related to the Project Services as follows: 4.4.1. Bi-Annual. Grantee shall submit to the City bi-annual expenditure and data reports that capture a summarized form of the Grant Fund expenditures of Grantee along with the service metric data for the Program for the previous bi-annual period. Along with the bi-annual reports, Grantee shall also include, as necessary, a summary of any material modifications Grantee has made to either its proposed budget or operational plan that differs significantly from its submitted Annual Project Work Plan. 4.4.2. Annual. Grantee shall submit a comprehensive annual report to the City that includes: (i) a narrative report that provides a description of activities, challenges, successes, and progress Grantee has made in providing Project Services in Woodburn; (ii) a data report that captures information such as level of service and number of community members served; and (iii) an annual expenditure report that includes a complete accounting of Grant Fund expenditures for the previous year. 4.4.3. Reporting Schedule. Grantee shall submit the bi-annual and annual reports as follows: SOCIAL SERVICES GRANT AGREEMENT Boys&Girls Club of Salem,Marion and Polk Counties Peer Court Program Page 3 of 10 37 Y1—Bi-Annual Award date—June 30,2025 July 31,2025 Y1—Annual July 1,2025—December 31,2025 January 31,2026 Y2—Bi-Annual January 1,2026—June 30,2026 July 31,2026 Y2—Annual July 1 2026-December 31,2026 January 31,2027 4.5. Grant Administrator. Grantee has identified its Executive Director as its designated grant administrator and primary point of contact for the City for matters related to this Agreement. 5. Grantee Representations &Warranties. Grantee represents and warrants to the City that: (a) Grantee is a non-profit entity duly organized and validly existing in the State of Oregon; (b) Grantee has all necessary rights, powers, and authority under any organizational documents and under Oregon law to (i) execute this Grant; (ii) incur and perform its obligations under this Grant; and (iii) receive financing, including the Grant Funds for this Project Services; and (c) There is no proceeding pending or threatened against Grantee before any court or governmental authority that if adversely determined would materially affect the ability of Grantee to carry out Project Services. The representations and warranties set forth in this Section are in addition to, and not in lieu of, any other representations or warranties provided by Grantee. 6. Responsibilities of the City. 6.1. ARPA Compliance.The City retains responsibility for federal ARPA compliance requirements through the duration of this Agreement. 6.2. School District Funds. Pursuant to Exhibit A,the School District shall be solely responsible for allocating their portion of funding for Project Services directly to Boys &Girls Club. The City bears no fiscal responsibility for the District's allocation of funding for Project Services. 6.3. Grant/ Project Administrator.The City, as Grant/ Project Administrator for the Peer Court program, shall receive and review all reporting from Grantee and shall coordinate with the District pursuant to Exhibit A. In so doing, the City will monitor Grantee's use of both the City and District funding to ensure use of those funds is in accordance with the terms of this Agreement. Grantee agrees that City is authorized to share grant/ project administration information, reports, and data with the District pursuant to Exhibit A. The City's Community Services Director shall be the City's designated grant administrator, coordinator, and primary point of contact for Grantee for matters related to this Agreement. 6.4. Facility Access and Maintenance. The City shall coordinate with Grantee to establish a schedule for the Peer Court Program and will provide access to the City Hall Council Chamber SOCIAL SERVICES GRANT AGREEMENT Boys&Girls Club of Salem,Marion and Polk Counties Peer Court Program Page 4 of 10 38 and conference rooms during those times. The terms of the Boys &Girls Club's use of City facilities are memorialized in a Facility Use Agreement, attached as Exhibit B to this Agreement and incorporated by reference herein. 7. Default &Termination. 7.1. Default. 7.1.1. Grantee. Grantee will be in default under this Agreement upon the occurrence of any of the following events: (a) Grantee fails to use the Grant Funds for the intended purpose described in the Agreement or otherwise fails to perform, observe, or discharge any of its covenants, agreements, or obligations under this Agreement; (b) Any representation,warranty, or statement made by Grantee in this Agreement or in any documents relied upon by the City in issuing the Grant Funding is untrue in any material respect when made; or (c) A petition, proceeding or case is filed by or against Grantee under any federal or state bankruptcy, insolvency, receivership or other law relating to reorganization, liquidation, dissolution, winding up or adjustment of debts; in the case of a petition filed against Grantee, Grantee acquiesces to such petition or such petition is not dismissed within twenty(20) calendar days after such filing, or such dismissal is not final or is subject to appeal; or Grantee becomes insolvent or admits its inability to pay its debts as they become due, or Grantee makes an assignment for the benefit of its creditors. 7.1.2. City.The City will be in default under this Agreement if, after thirty(30) days written notice specifying the nature of the default, the City fails to perform, observe, or discharge any of its covenants, agreements, or obligations under this Agreement; provided, however,the City will not be in default should the City fail to disburse Grant Funds because there is insufficient expenditure authority for, or moneys available from the ARPA funding source or Woodburn School District. 7.2. Remedies. 7.2.1. City Remedies. In the event Grantee is in default under Section 7.1.1, the City may, at its option, pursue any or all of the remedies available to it under this Agreement and at law or in equity, including, but not limited to: (i) termination of this Agreement under Section 7.3; (ii) reducing or withholding payment of Grant Funds; (iii) requiring Grantee to complete, at Grantee's expense, additional activities necessary to satisfy its obligations or meet performance standards under this Agreement; (iv) initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief; (v) exercise of its right of recovery of overpayments under Section 7.4; or(vi) declaring Grantee ineligible for the receipt of future awards from the City.These remedies are cumulative to the extent the remedies are not inconsistent, and the City SOCIAL SERVICES GRANT AGREEMENT Boys&Girls Club of Salem,Marion and Polk Counties Peer Court Program Page 5 of 10 39 may pursue any remedy or remedies singly, collectively, successively or in any order whatsoever. 7.2.2. Grantee Remedies. In the event the City is in default under Section 7.1.2 and whether or not Grantee elects to terminate this Agreement, Grantee's sole monetary remedy will be, within any limits set forth in this Agreement, the pro-rated amount of Grant Funds owing to Grantee through the date of termination, less any claims the City has against Grantee. In no event will the City be liable to Grantee for any expenses, direct, indirect, consequential or otherwise related to termination of this Agreement. 7.3. Termination. 7.3.1. Mutual.This Agreement maybe terminated at anytime by the mutual written consent of the Parties. 7.3.2. By the City.The City may terminate this Agreement as follows: (a) At the City's discretion, upon thirty(30) days advanced written notice to Grantee prior to the following fiscal year funding schedule; (b) Immediately upon written notice to Grantee should the City fail to receive funding or appropriations or other expenditure authority at levels sufficient in the City's reasonable administrative discretion to perform its obligations under this Agreement; (c) Immediately upon written notice to Grantee, if federal or state laws, rules, regulations, or ARPA guidelines are modified or interpreted in such a way that the City's performance under this Agreement is prohibited or the City is prohibited from funding this grant from the ARPA funding source; or (d) Immediately upon written notice to Grantee, if Grantee is in default under this Agreement and such default remains uncured for thirty(30) days after written notice is provided to Grantee. 7.3.3. By Grantee. Grantee may terminate this Agreement as follows: (a) At Grantee's discretion, upon ninety (90) days advanced written notice to the City prior to the following fiscal year funding schedule; (b) Immediately upon written notice to the City, if the City is in default under this Agreement and such default remains uncured for thirty(30) days after written notice is provided to the City. 7.4. Recovery of Grant Funds. Grantee must return to the City,within thirty(30) days of City's written demand: (i) any Grant Funds paid to Grantee that exceed the amount to which Grantee is entitled under this Agreement; (ii) any Grant Funds received by Grantee that remain unexpended or contractually committed for Project Services by December 31, 2026; or(iii) any Grant Funds determined by the City to be expended for purposes other than allowable Grant SOCIAL SERVICES GRANT AGREEMENT Boys&Girls Club of Salem,Marion and Polk Counties Peer Court Program Page 6 of 10 40 Fund Expenditures under Section 4. In the event of default or early termination of this Agreement as described in Section 7.1 and 7.3 of Exhibit A, the City will calculate a pro-rated amount of funds to be recovered from Grantee based upon the percent of services rendered under the Agreement, less and claims the City has against Grantee. 8. Non-Discrimination. Grantee shall provide access to its services on a basis that does not discriminate against any person on the basis of the person's race, color, sex, sexual orientation, religion, ethnicity, national origin, age, disability, familial status, marital status, gender identity, source of income,veteran status, or membership in any other protected class under state or federal law. 9. Limitation of Liability. Grantee shall take all necessary precautions and shall be responsible for the safety of its employees, volunteers, agents, and subcontractors in the performance of all services provided under this Agreement.The City shall not be liable for injury, damage, or loss suffered by Grantee, its employees,volunteers, agents, and subcontractors, not otherwise caused by the intentional acts of the City, its agents, employees, or contractors. 10. Indemnification. Grantee shall defend, indemnify, and hold the City, its officers, officials, employees, agents, and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with Grantee's performance and activities under this Agreement, except for that portion of the injuries and damages caused by the intentional acts of the City. 11. Insurance. Grantee shall ensure that the following insurance is procured and maintained for the duration of this Agreement in the types and amounts described as follows: 11.1. Workers' Compensation Insurance. Workers' Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers (contractors with one or more employees, and as defined by ORS 656.027). 11.2. General Liability Insurance. Commercial General Liability Insurance with coverage written on a per occurrence basis, in adequate quantity to protect against legal liability arising out of the Project Services, but no less than $1,000,000 each occurrence. It shall include contractual liability coverage for the indemnity provided under this Agreement. It shall also provide that the City of Woodburn and its officers, agents, and employees are Additional Insureds but only with respect to Grantee's activities and services to be provided under this Agreement. 11.3. Notice of cancellation or change.There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s)without 30 days written notice from Grantee or its insurer(s) to the City. 11.4. Certificates of insurance. As evidence of the insurance coverages required by this Agreement, Grantee shall have on file and furnish upon request acceptable insurance certificates to the City prior to commencing the work.The certificate will specify all of the parties who are Additional Insureds. If requested, complete policy copies shall be provided to the City. Grantee shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self-insurance. SOCIAL SERVICES GRANT AGREEMENT Boys&Girls Club of Salem,Marion and Polk Counties Peer Court Program Page 7 of 10 41 12. Relationship of the Parties. Nothing in this Agreement is intended, or is to be deemed to create a partnership or joint venture between the Parties. Grantee shall at no time hold itself out as a subsidiary or affiliate of the City. Further, nothing contained herein shall be deemed or construed by the Parties, nor by any third parties, as creating a relationship between the City and any officers, employees, volunteers, suppliers, contractors, or subcontractors used by Grantee to carry out any activities under this Agreement. 13. Subcontracts and Assignment; Successors and Assigns. City has selected Grantee based on its reputation and specialized expertise. Grantee shall not enter into any subcontracts for any of the activities 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. 14. No Third Party Beneficiaries.The City and Grantee 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. 15. Miscellaneous. 15.1. Compliance with Applicable Law. Grantee shall comply with all federal, state and local laws, regulations, and ordinances applicable to this Agreement or to Grantee's obligations under this Agreement, as those laws, regulations and ordinances may be adopted or amended from time to time. 15.2. Records. Grantee must maintain all financial records relating to this grant Agreement in accordance with generally accepted accounting principles. In addition, Grantee must maintain any other records, whether in paper, electronic or other form, pertinent to this Agreement in such a manner as to clearly document Grantee's performance. All financial records and other records,whether in paper, electronic or other form,that are pertinent to this Agreement, are collectively referred to as "Records." Grantee acknowledges and agrees the City and the federal government and their duly authorized representatives will have access to all Records to perform examinations and audits and make excerpts and transcripts. Grantee must retain and keep accessible all Records for a minimum of six(6)years, or such longer period as may be required by applicable law, following termination of this Agreement, or until the conclusion of any audit, controversy or litigation arising out of or related to this Agreement, whichever date is later. 15.3. Force Majeure. Neither the City, nor Grantee 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 Grantee, respectively. Grantee 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. SOCIAL SERVICES GRANT AGREEMENT Boys&Girls Club of Salem,Marion and Polk Counties Peer Court Program Page 8 of 10 42 15.4. Notices. Any notice under this Agreement must be in writing and will be effective when actually delivered in person or three (3) days after being deposited in the U.S. mail, registered or certified, postage prepaid and addressed to the party at the address stated in this Agreement or such other address as either party may designate by written notice to the other. Mailing addresses for the parties are as follows: (a) The City. City Administrator, City of Woodburn, 270 Montgomery Street, Woodburn, Oregon 97071. (b) Grantee. Chief Executive Officer, Boys &Girls Club of Salem, Marion, and Polk Counties, 1395 Summer Street, Salem, Oregon 97301. 15.5. 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. 15.6. 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 Grantee 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. Grantee hereby agrees to the in personam jurisdiction of such court and waives any claims of an inconvenience forum. 15.7. Merger Clause; Waiver.This Agreement 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. The Parties have executed this Agreement effective as of the day and year specified above. CITY OF WOODBURN, BOYS&GIRLS CLUB OF SALEM, MARION AND an Oregon municipal corporation POLK COUNTIES, an Oregon nonprofit corporation Scott Derickson, City Administrator Sue Bloom, Chief Executive Officer: Date Date SOCIAL SERVICES GRANT AGREEMENT Boys&Girls Club of Salem,Marion and Polk Counties Peer Court Program Page 9 of 10 43 EXHIBIT A—IGA BETWEEN CITY&WOODBURN SCHOOL DISTRICT SOCIAL SERVICES GRANT AGREEMENT Boys&Girls Club of Salem,Marion and Polk Counties Peer Court Program Page 10 of 10 44 CITY OF WOODBURN INTERGOVERNMENTAL AGREEMENT WOODBURN SCHOOL DISTRICT PEER COURT THIS intergovernmental Agreement (IGA)to provide grant funding and program administration for the establishment and operation of a Woodburn Peer Court program, effective as of the last date of signature below, is entered into between the City of Woodburn, an Oregon municipal corporation ("City') and t he Woodburn School District ("District"), collectively (the "parties"). BACKGROUND A. ORS 190.010 authorizes cities to enter into intergovernmental agreements with other units of local government for the purpose of carrying out the functions and activities of those governmental units. B. The City and District have a long history of collaborative programming for the purpose of serving youth of Woodburn and surrounding communities. C. The Parties have identified The Boys &Girls Club of Salem, Marion and Polk Counties is an essential partner in providing vital services to the youth of Woodburn and surrounding communities, including youth directly impacted as a result of the COVID-19 pandemic. D. As communities continue to move forward in the post COVID-19 pandemic environment, communities across Oregon and the nation have identified pandemic related social and family behavioral issues manifesting in middle school/pre-high school populations. E. The Parties agree that establishing and operating a Woodburn Peer Court program will benefit both the Woodburn Community as a whole and Woodburn's Youth population. F. The Boys &Girls Club of Salem, Marion and Polk Counties Inc., currently operates a Peer Court program in Salem Oregon, in collaboration with the Marion County Juvenile Department and has entered into an agreement with the Marion County Juvenile Department to establish and operate a Woodburn Peer Court program. G. The City desires to commit forty-five thousand dollars ($45,000) in Fiscal Year 2024-2025 for the purpose of supporting the Boys &Girl Club in establishing and operating the Woodburn Peer Court program and to administer the Peer Court program through January 31, 2027. H. The District desires to commit forty-five thousand dollars ($45,000) over Fiscal Year 2024-2025 and 2025-2026 for the purpose of supporting the Boys &Girls Club in establishing and operating the Woodburn Peer Court program. I. The City has entered into an agreement with the Boys &Girls Club to support the establishment and INTERGOVERNMENTAL AGREEMENT Woodburn School District Peer Court Program Page 1 of 6 45 operation of the Woodburn Peer Court program by providing grant administration and oversight services as well as access to City facilities, specifically the City Hall Council Chamber and conference rooms,for the program. THE PARTIES AGREE AS FOLLOWS: AGREEMENT 1. City's Responsibilities. 1.1. Funding. The City shall disburse forty-five thousand dollars ($45,000) of funds to Boys &Girls Club during Fiscal Year 2024-2025. The funds will be disbursed from monies available through the City's allocation of federal American Rescue Plan Act ("ARPA")funding. The District shall also disburse a total of forty-five thousand dollars ($45,000) of District funds to Boys &Girls Club over two (2)years with $22,500 being disbursed in Fiscal year 2024-2025 and $22,500 being disbursed in Fiscal Year 2025-2026. All funds shall be used for the establishment and operation of the Woodburn Peer Court program the operational details of which will be memorialized in an Agreement between the Boys & Girls Club and the Marion County Juvenile Department. No funds will be provided by the City until the management agreement between Grantee and Marion County Juvenile Department is finalized and provided to the City. 1.2. Program Oversight. The City shall provide grant/ project administration services to the Boys &Girls Club as memorialized in the "Social Services Grant Agreement" between the City and Boys &Girls Club attached as Exhibit A to this Agreement and incorporated by reference herein. 1.3. Facility Access. The City shall coordinate with Boys &Girls Club to establish a schedule for the Peer Court program and will provide access to the City Hall Council Chamber and conference rooms during those times. 1.4. Collaboration. The City will collaborate with the District and will provide updates to the District on the establishment and operation of the Woodburn Peer Court program at the request of the District. Additionally, the City shall provide to the District the following materials upon receipt of said materials from the Boys &Girls Club: 1.4.1. Bi-annual and annual reports submitted to the City by Boys &Girls club pursuant to Section 4.4. of Exhibit A. 1.4.2.The Project Work Plan provided to the City pursuant to Section 4.2 of Exhibit A. 1.5. Recovery of City Funds. Boys &Girls Club must return to the City,within thirty (30) days of City's written demand: (i) any Grant Funds paid to Boys &Girls Club that exceed the amount to which Boys &Girls Club is entitled under the Social Services Grant Agreement with City; (ii)any Grant Funds received by Boys &Girls Club that remain unexpended or contractually committed for Project Services, as defined in Exhibit A, by January 3130, 2027; or(iii) any Grant Funds determined by the INTERGOVERNMENTAL AGREEMENT Woodburn School District Peer Court Program Page 2 of 6 46 City to be expended for purposes other than allowable Grant Fund Expenditures under Section 4 of Exhibit A. In the event of default or early termination of Boys &Girls Club's Agreement with the City as described in Section 7.1 and 7.3 of Exhibit A, the City will calculate a pro-rated amount of funds to be recovered from Boys &Girls Club based upon the percent of services rendered under the Agreement, less any claims the City has against Boys &Girls Club. 2. District's Responsibilities. 2.1. Funding. The District shall disburse a total of forty-five thousand dollars ($45,000) of funds during Fiscal Year 2024-2025 and Fiscal year 2025-2026 to the Boys &Girls Club to support the establishment and ongoing operation of the Woodburn Peer Court program. The funds shall be disbursed pursuant to the following schedule: Funding Cycle Issuance Date Total Funds FY 2024-2025 Within 45 days of Effective Date $22,500 FY 2025-2026 No later than August 15, 2025. $22,500 2.2. Recovery of District Funds. Boys &Girls Club must return to the District, within thirty(30) days of District's written demand: (i) any Grant Funds paid to Boys &Girls Club that exceed the amount to which Boys &Girls Club is entitled under the Social Services Grant Agreement with City; (ii) any Grant Funds received by Boys &Girls Club that remain unexpended or contractually committed for Project Services, as defined in Exhibit B, by January 31, 2027; or(iii) any Grant Funds determined by the City to be expended for purposes other than allowable Grant Fund Expenditures under Section 4 of Exhibit B. In the event of default or early termination of Boys &Girls Club's Agreement with the City as described in Section 7.1 and 7.3 of Exhibit B, the District will calculate a pro-rated amount of funds to be recovered from Boys &Girls Club based upon the percent of services rendered under the Agreement, less any claims District has against Boys &Girls Club. 3. Term of Agreement. This Agreement takes effect on the date of last signature below and shall terminate no later than January 31, 2027, unless terminated by mutual consent of both parties. 4. Modification of Agreement. Each party to this Agreement shall annually review the conditions of the Agreement to determine if it is being properly administered, complied with, and to determine its sufficiency to meet program needs. Any modification of the terms of this Agreement shall be executed in writing with the mutual consent of both parties. 5. Notices. Any notice under this Agreement must be in writing and will be effective when actually delivered in person or three (3) days after being deposited in the U.S. mail, registered or certified, postage prepaid and addressed to the party at the address stated in this Agreement or such other address as either party may designate by written notice to the other. Mailing addresses for the parties are as follows: (a) The City. City Administrator, City of Woodburn, 270 Montgomery Street, Woodburn, Oregon 97071. (b) District. Superintendent, Woodburn School District, 1390 Meridian Dr, Woodburn, OR 97071. INTERGOVERNMENTAL AGREEMENT Woodburn School District Peer Court Program Page 3 of 6 47 6. Assignments. This IGA and all rights and obligations of both Parties hereunder are personal to both parties. As such, neither party shall transfer, assign, or delegate any rights or obligations hereunder. 7. No Third-Party Beneficiaries. The City and District 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. 8. Mutual Indemnification. Subject to the conditions and limitations of the Oregon Constitution and Oregon Tort Claims Act, ORS 30.260 through 30.300, District shall indemnify, defend and hold harmless City from and against all liability, loss and costs arising out of or resulting from the acts of District, its officers, employees and agents in performance of this Agreement, except for those caused by the sole negligence of the City or its officers and employees. Subject to the conditions and limitations of the Oregon Constitution and Oregon Tort Claims Act, ORS 30.260 through 30.300, City shall indemnify, defend and hold harmless District from and against all liability, loss and costs arising out of or resulting from the acts of City, its officers, employees and agents in performance of this Agreement, except for those caused by the sole negligence of the District and its officers and employees. 9. Insurance. Each party shall be responsible for providing worker's compensation insurance as required by law. Each party shall insure or self-insure and be independently responsible for the risk of its own liability under this IGA for claims within the scope of the Oregon tort claims act (ORS 30.260-30.300). 10. Compliance with Applicable Law. District shall comply with all federal, state and local laws, regulations, and ordinances applicable to this Agreement or to District's obligations under this Agreement, as those laws, regulations and ordinances may be adopted or amended from time to time. 11. 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 Grantee 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. Grantee hereby agrees to the in personam jurisdiction of such court and waives any claims of an inconvenience forum. 12. Merger Claus; Waiver. This Agreement 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. 13. 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. INTERGOVERNMENTAL AGREEMENT Woodburn School District Peer Court Program Page 4 of 6 48 CITY OF WOODBURN, WOODBURN SCHOOL DISTRICT, an Oregon municipal corporation Scott Derickson, City Administrator By, Title: Juan Larios, Superintendent Date Date SOCIAL SERVICES GRANT AGREEMENT Boys&Girls Club of Salem,Marion and Polk Counties Peer Court Program Page 5 of 6 49 EXHIBT A—SOCIAL SERVICES GRANT AGREEMENT BETWEEN CITY& BOYS &GIRLS CLUB SOCIAL SERVICES GRANT AGREEMENT Boys&Girls Club of Salem,Marion and Polk Counties Peer Court Program Page 6 of 6 50 JA"-�� � Item �TOODBUMN Inc orpernreA 1889 November 12, 2024 To: Honorable Mayor and City Council Through: Scott Derickson, City Administrator From: Chris Kerr, Community Development Director 6'A"' Colin Cortes, AICP, CNU-A, Senior Planner Subject: Council Briefing of Planning Commission approval of a Conditional Use, Design Review, Phasing Plan, & Street Adjustment consolidated application package for US Market gas station and commercial areas at 2540 & 2600 Newberg Hwy (CU 24-02) RECOMMENDATION: Staff recommends that the City Council take no action on this item and provides this summarypursuant to Wa'N':aa.:;ll�vae...im I:::.�evelk::a rrlenll Ora: na: n.ce Wi:YD Section p ........................................................................................................................................................p.....................................................................................................................................................(............................................. 4.02.02. The Council may call up this item if desired and, by majority vote, initiate a review of the Planning Commission decision. BACKGROUND: The subject property is located at 2540 & 2600 Newberg Hwy. The property is zoned Commercial General (CG) and is bordered by a Dairy Queen drive- through restaurant, Panor 360 condominiums, and two houses. The proposed development is a conditional use (for a gas station), design review, phasing plan, and Street Adjustment to develop a site of two lots totaling approximately 1 .42 acres into a gas station with a convenience store and two commercial office tenant spaces. The Planning Commission held a public hearing on August 22, 2024 and on October 24, 2024 by a 5-2 vote approved the consolidated land use applications package (land use review Type III) with the conditions recommended by staff through the staff report published August 22, except for one revision item with two parts: revising Condition CU8d and deleting a Public Works comment from Attachment 102A: Agenda Item Review: City Administrator_x City Attorney_x_ Finance_x_ 51 Honorable Mayor and City Council November 12, 2024 (Briefing of Commission Approval CU 24-02 US Market gas station) Page 2 • CU8d: struck condition that would have required a median barrier to be constructed at Oregon Way to mitigate against right turns by trucks exiting the site and that referenced Attachment 102A, Public Works comments, item 6. • Deleted Attachment 102A, Public Works comments, item 6 that read, "A median barrier is required to be constructed at Oregon Way to mitigate against right turns by trucks exiting the site. The median barrier design and location will be part of the civil plans reviewed through the building permit application and construction of the median is due at the same time as Condition G4a (WDO 3.01 .02E)." Items 7-12 became renumbered to 6-1 1 . More than 40 parties testified, most against. The Commission final decision document includes conditions of approval that relate to topics including: 1 . Right-of-way (ROW) dedication & grant of streetside public utility easement (PUE); 2. Driveway number and maximum widths; 3. Cross access or shared access easement grant and constructing one or more drive aisle stubs; 4. Ensuring minimum off-street parking that meets WDO standards; 5. The look & feel of street frontage for passers-by walking, cycling, & driving- including street trees and a deeper front yard with trees; 6. Electric power poles removal and lines burial or fees-in-lieu; 7. Enclosure of trash receptacle per WDO; 8. Phasing plan; 9. Wide walkways; 10. Bicycle parking; 11 .Landscaping including having an evergreen tree among newly planted trees on the property; 12. Urban design: How many & how large are windows; door canopies or fixed awnings that shelter from precipitation and wall cladding; 13.An Architectural Wall buffer or screen; 14. Limiting excessive light fixtures under the fuel pump canopy at the convenience store side and limiting canopy height; 15. Gas station operations: a. Hours of operation of the convenience store, car wash, and vacuums; b. Convenient trash receptacle for walking or cycling customers to lessen sidewalk litter; c. Vehicular circulation and fuel pump queueing; 52 Honorable Mayor and City Council November 12, 2024 (Briefing of Commission Approval CU 24-02 US Market gas station) Page 3 16. Signage: Other than fuel prices display, a front yard electronic changing image sign face is to be off during the same hours that the convenience store is closed; 17.A traffic mitigation fee as a fair or proportionate share contribution towards the improvement of nearby intersections. 18. Bus stop improvements; and 19. Frontage/street improvements. Additional application materials are found via the 0 24 02 �;„ii„Ily u ra:JL 11 ✓ve lava.. �.�::..d:.g. ...................... An aerial view, site plan, & elevations and/or perspective renderings are below: inn II �U r IIII zzan ! r�nru� J i f a 'I5n 41tI310 ' /dl, y�,ea,�iiwil�i� iIUIVNI�IIII �� � � �rrr ..)a Ni �i�uuVugr �,, �(lllllflll�l(1»lllul'�� 1 log i i g5niirliiare ' d a „ r � ntini7rnT�ni � '//i�r/ I �......57 LINIu JPI9T YT 2d 924 i�� P2./i pan urvaallo-a � i ua'1 I gym' hi rl m i�iryp��I III I I III ry /r ii Ir101 rIF iD5 IIII 6,I if I I p� I����(��. �11I:1 ®uuomm�mmmr �'^ .... .ar�rt x z���>rrTrr29 rei ,4ii rn 7YJ ,, 11C wow Subject property outlined in green 53 Honorable Mayor and City Council November 12, 2024 (Briefing of Commission Approval CU 24-02 US Market gas station) Page 4 _ HWY 214 P H AS E I Fly "~M�' e O. STORE �. 4„110 F TL 2540 , a 4 OFFICE 1,863SF ,, � � �w .., I ru.rv�►rt,�-; r r i f T� ... ��L 6OO a Ow .......... 1 Es" ;', .,,„ n I r E fT Wt . l � ❑��� r I � RCS IXaEE ._ { TY SNUE I � p EAMLY RESIDENTIAL A m'�%�'"�'m, ��i"'tea—'1Ww,..,��m�,a mnor ',�tl'u�Nrr" r.�....,,,�.r,-•m = � i I K OFFICE 5,GCVO SF , -— tlWIWM iMkMM mnnre iWNYNV �IINAMw �I �iM' pAMWK. kf'.wmw. �' WYNIM WW%iN ^,. ,PHASING PLAN Exhibit PP l: Phasing plan excerpt from Sheet A 7.l a dated February 5, 2024, and submitted February 8, 2024 54 Honorable Mayor and City Council November 12, 2024 (Briefing of Commission Approval CU 24-02 US Market gas station) Page 5 w , J Proposed convenience store elevation DISCUSSION: n/a FINANCIAL IMPACT: n/a Attachment(S): None. 55