Agenda - 08/13/2007
KATHRYN FIGLEY, MAYOR
WALTER NICHOLS, COUNCILOR WARD 1
RICHARD BJELLAND, COUNCILOR WARD II
PETER MCCALLUM, COUNCILOR WARD III
JAMES COX, COUNCILOR WARD IV
FRANK LONERGAN, COUNCILOR WARD V
AUGUST 13, 2007 - 7:00 P.M. EUDA SIFUENTEZ, COUNCILOR WARD VI
CITY HALL COUNCIL CHAMBERS - 270 MONTGOMERY ~TREET
CITY OF WOODBURN
CITY COUNCIL AGENDA
1. CALL TO ORDER AND FLAG SALUTE
2. ROLL CALL
3. ANNOUNCEMENTS AND APPOINTMENTS
Announcements:
A. Music in the Park continues with Molly's Reven~Je on August 14,
Golden Bough on August 21, and the final performance on
August 28 with The Dukes of Juke. All performances begin at
7:00 p.m.
B. The Woodburn Community Services Department invites the
public to help build a new playground at North Front Street Park
on Saturday, September 8, 2007. Volunteer registration will
begin at 8 a.m., and the playground will be completed by mid
afternoon. Contact the Community Services Department at
982-5266 for more information.
Appointments:
None.
4. PROCLAMATIONS/PRESENTATIONS
Proclamations:
None.
Presentations:
None.
5. COMMITTEE REPORTS
A. Chamber of Commerce
B. Woodburn School District
"H,lbY,1 inu~rpYetes oisponi[1[es pClYa ilqwd[as personas que no bab[an Ino[e~'1 fJrevio acueyoo. COrmmiquese
,
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August 13, 2007
Council Agenda
Page i
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 enacted by one motion. Any item may be removed
for discussion at the request of a Council member.
A. Woodburn City Council minutes of July 23, 2007, regular and 1
executive session
Recommended Action: Approve the minutes.
B. Community Services Statistics for June 2007 9
Recommended Action: Receive the report.
C. Planning Project Tracking Sheet dated August 10, 2007 10
Recommended Action: Receive the report.
D. Building Activity for July 2007 12
Recommended Action: Receive the report.
E. Claims for July 2007 13
Recommended Action:
F. Video Production - City Life TV Programming
Recommended Action: Receive the report.
19
G. Electronic Payment of Water/Sewer Bills (Bank Drafting)
Recommended Action: Receive the report.
21
9. TABLED BUSINESS
None.
10. PUBLIC HEARINGS
None.
August 13. 2007
Council Agenda
Page ii
11. GENERAL BUSINESS -Members of the public wishing to comment on items of
general business must complete and submit a spE~aker's card to the City
Recorder prior to commencing this portion of the Council's agenda.
Comment time may be limited by Mayoral prerogotive.
A. Council Bill 2678 - Ordinance updating and revising the 24
procedures related to trees within the City of Woodburn:
repealing Ordinance 1908; and setting an effective date
Recommended Action: Adopt the ordinance
B. Council Bill 2679 - Resolution entering into Local Agency 38
Agreement Number 23,291 with the State of Oregon and
authorizing the City Administrator to sign such agreement.
Recommended Action: Adopt the resolution.
C. Council Bill 2680 - Resolution entering into Grant Agreement No. 48
24412 with the State of Oregon and authorizing the City
Administrator to sign such agreement
Recommended Action: Adopt the resolution.
D. Council Bill 2681 - Resolution entering into Grant Agreement No. 52
24413 with the State of Oregon and auth4:>rizing the City
Administrator to sign such agreement
Recommended Action: Adopt the resolution.
E. Council Bill 2682 - Resolution entering into Grant Agreement No. 56
24414 with the State of Oregon and authorizing the City
Administrator to sign such agreement
Recommended Action: Adopt the resolution.
F. Council Bill 2683 - Resolution entering into Amendment Number 61
1 to Clean Water State Revolving Fund Loan Agreement No.
R98413 with the State of Oregon and authorizing the City
Administrator to sign such amendment and any future
amendments
Recommended Action: Adopt the resolution.
G. Council Bill 2684 - Resolution entering into Amendment Number 68
1 to Clean Water State Revolving Fund Loan Agreement No.
R98414 with the State of Oregon and authorizing the City
Administrator to sign such amendment clnd any future
amendments
Recommended Action: Adopt the resolution.
August 13, 2007
Council Agenda
Page iii
H. Tout street, Street Improvements 75
Recommended Action: Award construction contract to the
lowest responsible bidder, D & D Concrete & Utilities, for street
improvements on Tout Street in the amount of $91,715.00.
I. Oregon Economic and Community Development Energy Grant 77
Recommended Action: Authorize the Mayor to execute the
attached grant application signature page.
J. Addendum to Agreement with Frank Tiwari Related to PERS 89
Integration
Recommended Action: Authorize the City .Administrator to
execute the attached addendum to the agreement related to
PERS integration with G. S. Tiwari.
K. Cancellation of August 27, 2007 Meeting 97
Recommended Action: Cancel the August 27, 2007 meeting.
12. NEW BUSINESS
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 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).
B. To consider records that are exempt by Inw from public
inspection pursuant to ORS 192.660 (2) (f).
C. To conduct deliberations with persons designated by the
governing body to negotiate real property transactions
pursuant to ORS 192.660(2) (e).
August 13, 2007
Council Agenda
Page iv
D. 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)(i) .
17. ADJOURNMENT
August 13. 2007
Council Agenda
Page v
8A
COUNCIL ~IEETING MINUTES
JULY 23, 2007
TAPE
READING
uoo 1 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN,
COUNTY OF MARION, STATE OF OREGON, JULY 23,2007.
CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding.
no 1 0 ROLL CALL.
Mayor
Councilor
Councilor
Councilor
Councilor
Councilor
Councilor
Figley
Bjelland
Cox
Lonergan
McCallum
Nichols
Sifuentez
Present
Present
Present
Abst:nt
Absent
Present
Present
Staff Present: City Administrator Brown, City Attorney Shields, Public Works
Manager Rohman, Community Development Director Allen, Police Chief Russell, City
Recorder Tennant
Mayor Figley stated for the record that Councilor McCallum was unable to attend this
meeting due to illness and Councilor Lonergan was out of town.
0021 ANNOUNCEMENTS.
A) Music in the Park: The Ty Curtis Band will be performing on July 24, 2007 and
Roundhouse Bluegrass will perform on July 31,2007 in Library Park with performances
beginning at 7:00 p.m..
B) 24th Annual National Night Out: This annual event is scheduled for Tuesday, August
7.2007, from 6:00 pm until 10:00 pm. Neighborhood groups wishing to participate are
asked to register with the Police Department.
C) Walt's Run will be held on August 11,2007 at Centennial Park. This annual event
will begin at 8:00 a.m. and registration forms can be obtained at the Aquatic Center.
()IlS-=! PROCLA:\IA TION: HE~AN INTERi"iA TIONAL FRIENDSHIP DAY.
\Iayor Figley proclaimed July 24, 2007 as Henan International Friendship Day within the
City of Woodburn and encouraged community members to attend the China-Henan
Performing Arts Tour perfonnance at Woodburn High School, 7:00 p.m., on July 24,
2007.
()(J1)4 Roncl1 Hayes stated that he has made contributions through the Lions Club towards the
purchclse nfbicyck helmets for youngsters who cml10t othcf\\;is(: afford a helmet since
youth age 1(1 and under are required to wear helmets \\ hen riding a bicycle. He expressed
his opinion that \\ hen 3. state law is in force \vhich requires a helmet when riding a biLyck
Pagl: \ - Council :-"kcting :-"linutes, July 23, 2007
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COUNCIL MEETING MINUTES
JULY 23, 2007
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then the law should be enforced by the police, otherwise, the law should be repealed.
Unfortunately, there are still many youngsters who do not wear helmets and, in some
cases, parents who do not take this law seriously.
Police Chief Russell expressed his appreciation to Mr. Hayes for his contribution towards
bicycle helmets and the assistance he has given the Police Department in the past. He
agreed that parents need to be responsible by making sure that there children have, and
wear, helmets when riding a bicycle or skateboarding. The Department does have
helmets available and they are distributed when children do not have one. A list of
helmet recipients is kept by the department so that contact can be made with the parents if
the youth is not wearing a helmet.
Councilor Cox stated that the law was passed to protect children from head injuries as a
result of a fall but adults should also wear a helmet. He briefly mentioned that he had
been in a bicycle accident about two years ago and the bicycle helmet saved him from
severe head injuries.
0252 CONSENT AGENDA.
A) approve the Council minutes of July 9, 2007;
B) accept the draft Recreation and Park Board minutes oOuly 10,2007;
C) accept the draft Library Board minutes of July 11, 2007;
D) receive the report on Claims for June 2007; and
E) receive the Police Department Statistics report for June 2007.
~ICHOLS/COX... adopt the Consent Agenda as presented. The motion passed
unanimously.
0271 COUNCIL BILL NO. 2676 - RESOLUTION ENTERING INTO A SPECIAL
TRANSPORTATION AGREEMENT WITH SALEM AREA MASS TRANSIT
DISTRICT FOR FISCAL YEAR 2007-2009.
Councilor Sifuentez introduced Council Bill No. 2676. Recorder Tennant read the bill by
title only since there were no objections from the Council.
Councilor Sifuentez stated that the Dial-a-Ride Program provides a much needed
transportation service for the elderly and disabled of our community who are not able to
drive.
On roll call vote, the bill passed unanimously. y1ayor Figley declared Council Bill \io.
2676 duly passed.
il312 COL'NCIL BILL ~O. 2677 - RESOLLTION ESTABLISHING E:\IPLOYEE
CO:\lPE~SATION I:\TCLUDING SALARY AND BENEFITS.
Council Bill :\0. 2()-:'7 \V;lS introduced hy Councilor Sifucntez. The hill \vas read by titk
(mly since there \hTe nlJ objections (rom the Council. On roll call vot\: for linal passage.
the bill passed unanimoLlsly. \layor Figley declared Council :\0. 2()77 duly passed.
P;lge 2 - COLlncil \kcting \Iinuks, July 23,2007
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COUNCIL ~lEETING MINUTES
JULY 23, 2007
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0338 OLce LIQUOR LICENSE CHANGE OF OWNERSHIP - FULL PREMISE
SALES: HAPPY GARDEN BUFFET. 1575 MT. HOOD AVENUE.
A Change of Ownership application was submitted by Happy Garden Buffet, Inc., for a
full on-premise sales license. It was noted that this location previously housed the
Bunker Bar and Grill which also had a full on-premise sales license prior to its closing.
BJELLAND/COX... recommend to OLCC approval ofa Change of Ownership
application for the Happy Garden Buffet, Inc., formerly known as The Bunker. The
motion passed 3-1 with Councilor Nichols voting nay.
0356 OLee LIOUOR LICENSE ADDITIONAL PRIVILEGE - OFF-PREMISE SALES:
THE RAVEN INN. 262 N. PACIFIC HIGHWAY.
An application for an additional privilege, Off-Premises Sales, was submitted by The
Raven Inn Inc.
Councilor Cox expressed his opinion that The Raven Inn is basically a tavern and this
additional license would allow them to sell beer and wine which can then be taken off-
premise. He felt that there are plenty of other stores within the City that have an off-
premise sales license and it is not necessary to have a tavern sell alcohol to a patron that
can be taken off the premises.
Councilor Nichols also stated that approval of an off-premise sales license to this type of
establishment will most likely result in similar establishments requesting an off-premise
sales license. He felt that many patrons at these establishments have already been
consuming alcohol prior to their purchasing the beer or wine to take with them and this
could result in more problems associated with motorists drinking and driving.
Councilor Cox stated that his comments are not directed toward the operations at The
Raven Inn since he believes it has been a clean operation over the last few years but he
did not feel that it should justify the expansion of the liquor license privileges.
COX/SIFUENTEZ... recommend to OLCe denial of the liquor license application.
Administrator Brown stated that he is willing to write a letter to GLCC expressing the
various concerns of the Council, however, the City's role in this process is advisory and
OlCe has final authority on granting or denying a liquor license application.
On roll call vote. the motion passed unanimously.
1j456 CONTRACT A "ARD: 'VEST LINCOLN STORM SE'VER EXTE~SIO~. BID
#2007-12.
Bids for the installation of a 30-inch diameter storm SC\\icr main from the existing West
lincoln Street main to the Cascade Drive inkrsection were received from the follo\ving
contractors: \'orth Santiam Paving, S 196,521.00; Kerr Contractors, Inc., S227,49(l.OO;
and Kllcnl':i Communications, LLC 53l 1,21 o.on. Staff recommended the acceptance of
the bid from \:orth Santiam Pa\lng \\hich was 5.50;) higher than the engineer's cstimak
nfS 186,JOO.()().
Pa~e 3 - l\llll1cil ~1ceting \1inuks, July 23,2007
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COUNCIL ~tEETING MINUTES
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BJELLA~D/SIFUENTEZ... award the construction contract to the lowest responsible
bidder, North Santiam Paving, for the West Lincoln Storm Sewer extension in the amount
of $196,521.00. The motion passed unanimously.
0490 CONTRACT AWARD: PEDESTRIAN WARNING DEVICE. BID #2008-01.
The only bid received from a qualified bidder for pedestrian warning devices to be
installed at the intersection ofBoones Ferry Road I Henry's Boulevard and at the
intersection of Hardcastle Avenue I Park Avenue was submitted by Signal Construction
Group, LLC in the amount of$54,077.00. The bid was 13% below the engineer's
estimate of $62,080.00.
BJELLAND/NICHOLS... award the construction contract to the lowest responsible
bidder, Signal Construction Group LLC, for the Flashing Beacon installation at
Hardcastle / Park Avenue and Boones Ferry Road / Henry's Boulevard intersections in
the amount of $54,077.00.
Councilor Cox stated that he would be voting in favor of the motion, however, he was
surprised at the cost of this project.
Councilor Sifuentez questioned when some pedestrian light would be installed on
Highway 214 / Park Avenue (also known as the Salud Medical Center crossing) since
there are numerous pedestrians crossing at that busy highway intersection.
Administrator Brown that staff has contacted ODOT numerous times to get them to do a
warrant count and they have done this count, however, as of this date, the traffic warrants
do not support the light and ODOT will not install the light until the traffic warrants are
met nor \vill they allow the City to install a light on the State Highway. They have given
the City permission to do our own study which they will reserve the right to evaluate later
but the City wants to make sure that the new Police Facility and Salud arc in full
operation when that occurs with the hope that there has been a change in the side street
traffic enough to meet the traffic warrants.
The motion to award the contract passed unanimously.
0562 CITY AD~IINISTRA TOR'S REPORT.
1) Front Street Project Update:
.\dministrator Brown stated that the City is the recipient of an immediate Econumic
Opportunities Grant from the State in the amount of$250,000. This grant will be focused
on street \vorks ability to bring new jobs to the area through the support and expansion of
the local businesses. Another grant has been applied for through COBG in the amount of
5300,000 and staff submitted responses to a short list of questions today \V-ith an
expectation that the City \vill receive a response on the grant application by the end of
.\ugust. rfhoth grants arc rcceiHxl, the City is still short about S450,OOn to complete the
projcct as originally designed_ If the City elected not to do some oCthe dcctric work in
the alley III addition to some savings in stred or sidewalk work. the project would be
reduced hy approximately 5300,000 which then brings dO\\n the .1l110unt shon to about
Page -+- Council \keting \linutes, July 23, 2007
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COUNCIL MEETING MINUTES
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$150,000. He felt that this was an amount that staff could work with to complete the
project. Staff will be discussing the undergrounding portion again with PGE and will be
updating the Council in September to discuss options available at that time based on
funding resources secured versus estimated project costs.
2) Tree Removal on Oregon Way:
Administrator Brown stated that an arborist had evaluated the tree condition and looked
at root trimming as an alternative to save the tree. The arborist has determined that there
is too much root mass that needs to be removed in order to adequately get into the
driveway area, therefore, the tree should be removed. Staff will be sending a letter to the
property owner, Mr. Harrison, authorizing him to remove the tree along with a list uf
approved street trees and the size of replacement tree. In this case, the City will not be
subsidizing the cost of the removal since there is no public infrastructure damaged by the
tree roots at this time.
3) City Attorney Evaluation:
Administrator Brown stated that City Attorney Shields is due for an annual performance
evaluation in August and evaluation materials will be sent out to the Mayor and Council
tomorrow with the evaluation scheduled for the next regular meeting.
4) Public Works Director Recruitment Update:
Administrator Brown stated that a limited number of applications had been received and
interviews had been conducted last week. Of the four individuals interviewed, he has
selected a finalist and is now in the process of conducting a background check. The next
step would be a conditional offer of employment and, if all goes well, a new Director
would be employed as of September 1,2007.
5) Legion Park Gang Suppression Activity Report:
Police Chief Russell stated that gang activity is cyclical and the event that occurred the
weekend of July 14th was considered a "spree" rather than an "escalation". In this case,
one group escalated the behavior which then led to multiple events over the weekend.
Currently, this case is under investigation and information on this specific case cannot be
divulged at this time. Staffbecame concern that an escalating mode had begun so staff
deployed a field force of officers trained in gang investigation and community response
officers. \iumcrous contacts 'Wac madc and a number of individuals arrested from \vhich
management staff reviewed the information, provided information to the investigators,
and determined how best to respond to the situation. This approach worked very 'Well and
quelled the gang activity. He reiterated that this was a good investigation and culminated
in arrests that have good cases for the District Attorney's office to pursue. He stressed to
the communi ty that it is important for everyone, especially parents, to be \\ atchful and
involved in looking at gang activity. The \lIarion County Health DL:partment, \rIarion
Coullty Jllvcnik, and the Police Department are available to provide or find assistance tlir
pan..:nb \\ Ill) are in need l)f dealing with this issue. He stated that the Police Depa11ment
\\ i 1\ continue to strictly enforce the laws especially in the arL:a of gang crimes in addition
~n looking tor resources to help parents struggling \vith troubled YOllths.
P~lge 5 - C ouncil ~k<:ting \rIinutes, July 23, 2007
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COUNCIL MEETING MINUTES
JUL Y 23, 2007
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0920 Councilor Sifuentez questioned how much intervention the Police Department has done
with the Schools and parents.
Chief Russell stated that the department has had 4 classes within the last year in both
English and Spanish in recognizing gang behavior at the middle school level since this is
the age group that tends to begin thinking about joining a gang. Officer Puente is at the
high school everyday and does a lot with high school students on a one-on-one basis
which has been more effective than a group setting. Marion County Juvenile has other
programs available, however, those programs are provided after an offense has occurred.
Councilor Sifuentez stated that she had been at a meeting in Silverton last month and
participants were discussing all of the great things Woodburn Together was doing in the
Silverton and Molalla area. She stated that she is an advocate for parenting classes and
youth presentations but feels that 4 times a year may not be enough to reach everyone and
suggested that monthly meetings be considered to educate the parents and provide
support.
Chief Russell stated that if Weed N Seed funding is approved, it is hoped that a local
class in English and Spanish on parenting tough teens will be made available. Currently
this class is being offered once a quarter in English in Salem which does not do our local
parents much good when then are not fluent in English nor, in some cases, able to get to
Salem for the class. This class is available after a youth has been in trouble and the hope
is that help can be provided to these parents prior to their children getting into trouble.
1058 :\1 A YOR A~D COU~CIL REPORTS..
No comments were made by the Mayor or Councilors.
uno EXECUTIVE SESSION.
~layor Figley entertained a motion to adjourn to executive session under the authority of
ORS 192.660(2)(h), ORS 192.660(2)(f), and ORS 192.660(2)e).
NICHOLS/SIFUENTEZ... adjourn to executive session under the statutory authority
cited by the Mayor. The motion passed unanimously.
The meding adjourned to executive session at 7:38 p.m. and reconvened at 8:38 p.m..
~ \-hyor Figley stated that no decisions were made by the Council while in executive
seSSlOtl.
Page h - Cauned \- 1ceting \linutes, July 23,2007
6
COUNCIL MEETING MINUTES
JUL Y 23, 2007
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READING
1090 ADJOUR."iMENT.
NICHOLS/BJELLAND... meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 8:39 p.m..
APPROVED
KATHRYN FIGLEY, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodburn
P~tg-: -: - COllncil \kcting \linutes, July 23.2007
7
Executive Session
COlJNCIL MEETING MINUTES
July 23, 2007
DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBU&"l, COUNTY OF
MARION, STATE OF OREGON, JULY 23,2007.
CONVENED. The Council met in executive session at 7:42 p.m. with Mayor Figley presiding.
ROLL CALL.
Mayor
Councilor
Councilor
Councilor
Councilor
Councilor
Councilor
Figley
Bjelland
Cox
Lonergan
McCallum
Nichols
Sifuentez
Present
Present
Present
Absent
Absent
Present
Present
Staff Present: City Administrator Brown, City Attorney Shields, City Recorder Tennant
Mayor Figley reminded the Councilors and staff that information discussed in executive session is
not to be discussed with the public.
The executive session was called pursuant to the following statutory authority:
(1) ORS 192.660(2)(h) to consult with counsel concerning the legal rights and duties of a public
hody with regard to current litigation or litigation likely to be filed;
(2) ORS 192.660(2)(t) to consider records that are exempt by law from public inspection; and
(3) ORS 192.660(2)(e) to conduct deliberations with persons designated by the governing body to
negotiate real property transactions.
ADJOCR.~NIENT .
The executive session adjourned at 8:37 p.m..
APPROVED
KA THRYN FIGLEY, ~vlA YOR
.\ TTEST
\1ary T cnnant, Recorder
City uf WooLlburn, Oregon
Page 1 - r-:x~cLltl\C Session, Council \kding \;linutt:s, July 23, 20U7
8
COMMUNITY SERVICES DEPARTMENT STATISTICS
June 2007
8B
Recreation Services Division
Jun-07 Jun-06 2007 YTO 2006 YTO
Revenue: $14,337 $13,209 $98,398 $80,900
Expend itu res: $37,556 $30,257 $381,703 $419,243
Proqram Attendance:
Youth Services: 754 2,699
Youth Programs: 1,991 20
Adult Services: 800 800
Special Events: 0 0
Other/Mise: 0 0
TOTAL: 3,545 3,519 41,275 42,129
Aquatics Division
Jun-07 June-06 2007 YTO 2006 YTO
Revenue: $19,209 $12,057 176,536 $192,008
Expenditures: $48,712 $42,628 $530,536 $514,386
Lesson Enrollment:
Group: 216 222 1,085 1 ,469
Adults: 3 0 11 5
Private: 11 12 42 46
4th Grade: 0 0 412 358
Self Support 39% 28% 33% 37%
Attendance: 5,189 5,096 50,358 55,116
Library Division
Jun-07 Jun-06 2007 YTO 2006 YTO
Revenue: $1,709.00 $2,312.00 $81,798.00 $64,175.00
Librarv Attendance: 17,773 17,655 212,149 210,198
Librarv Circulation: 10,988 11,939 125,811 132,021
Adult Proqram Count: 0 2 13 19
Adult Attendance: 0 103 6,283 5,895
Youth Service Proqram Count: 40 55 396 361
Youth Service Attendance: 2,185 2,445 8,865 11 ,127
Database UsaQe: 772 641 6,686 8,749
Adult Computer UsaQe: 4,458 n/a 53,716 31,099
Youth Services Computer UsaQe: 882 1,009 10,460 12,275
New Adds: 286 581 5,037 6,260
Volunteer Hours Worked: 120 152 1,670 4,128
Jun~007
PLANNiNG PROJECT TRACKING SHEET
F~ r \ 'ir:. :1
Revised: Friday, August 10, 2007
Obcrlptlon
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FPUO 2007-
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97-03. PUO 91
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LA 200702.
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PLANNING PROJECTS (INCOMPLETE I HOLD)
Revised: Friday, August 10, 2007
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A.ppilcant SiteLocatlon
Tne FlaLlel lJIUlJW 985 Lawson 51
Kerr ContractJr 395 5henandoan Ln
Butcll Price/Bend Oil (Stop 100 Arne)' Rd
N Go)
AXiS 08sIgn Group A&E, 3001 Vi Newberg Hwy
LLC (Miles Chevrolet)
800n(;5 Crossing LLC -
Mike Hank,
Description
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Fayade improvements to the existing Taco Bell structure
50x 125 Steel Buildrng
Remove existing 2311 sf gas stalion canopy and replace with
new 1520 sf canopy.
Upgrade to facihty and build a vestibule. Addilional signage to
site
Parcels 1. 2 & 3 of Partilion Modilications to Boones Crossing PUD
Plat 2006-55
Jill R Long/FleetwQ(Jd
Hon,e,
2655 Progress Way
Status
Hold by Applicant
Incomplete
Incomplete
Incomplete
Incomp:ete
Add industnal sales component to existing manufacturing facility. Hold by Applrcant
~ T ,,",L,d..~'.'_..~,,~
Dale Received Planner
02/20/2007 Jlnl Allen
03/22J2007 Jim Allen
06/1312007 Jim Allen
06/19/2007 Don Dolenc
10/31/2006 Jim Allen
07112/2007 Don Dolenc
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8D
CITY OF WOODBURN
Community Development
MEMORANDUM
270 Montgomery Street
Woodburn, Oregon 97071
(503) 982-5246
Date:
August 3, 2007
To:
Jim Allen, Community Development Director
From:
Building Division
Subject: Building Activity for July 2007
2005 2006 2007
No. Dollar No. Dollar No. Dollar
Amount Amount Amount
New Residence Value 1 $193,595 3 $617,753 6 $1,216,719
Multi Family 1 $2,276,650 0 $0 0 $0
Assisted Living Facilities 0 $0 0 $0 0 $0
Residential Adds & Alts 5 $142,900 5 $42,349 3 $7,000
Industrial 0 $0 0 $0 0 $0
Commercial Value 13 $6,661,550 6 $146,211 10 $4,333,260
Signs, Fences, Driveways 2 $1,950 4 $15,850 0 $0
Manufactured Homes 0 $0 3 $196,000 2 $85,000
TOTALS 22 $9,276,645 21 $1,018,163 21 $5,641,979
Fiscal Year (July 1- June
30) to Date
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August 13, 2007
FROM:
Honorable Mayor and City Council through City Administrator
Ben Gillespie, Finance Director &
TO:
SUBJECT:
Video Productlon--Clty Life TV Programming
RECOMMENDATION:
Accept Report
BACKGROUND:
At its goal setting session on March 24, 2007, the Council expressed an interest in
producing television shows to inform citizens about civic events and activities.
The result is a program called City Life.
In collaboration with WCAT (Woodburn Community Access TV), the City has
developed a curriculum to train City staff to record and edit video. Six City
employees have been chosen to be trained. Training is most effective when it is
a hands-on experience. Because WCA T has one portable camera and one
editing machine, employees will be trained sequentially rather than as a group.
At this time Karen Halter has been fully trained and Sue Fofana-Dura has
completed the camera training and is learning the editing process.
Ms. Halter's production about the Aquatic Center is currently being aired on
WCAT channel 5. Also, she is filming Music in the Park; Roundhouse Bulegrass will
be edited and ready to air by August 13. Meanwhile, Ms. Fofana-Dura is
producing a program on volunteerism. Other participants in the training are:
Mike Araiza, Vicki Musser, Suzanne Ybarra, and Linda Hendricks.
DISCUSSION:
The City uses various channels to communicate with the public: public notices,
press releases, the Internet, radio, and television. City life expands the use of TV
beyond Council and board meetings. It allows the City another opportunity to
inform the public and get the City's message out.
Agenda Item Review: City Admjnjstratof,~
City Attorney
Finane'
19
Honorable Mayor and City Council
August 13, 2007
Page 2
.
.
City Life is a partnership between the City of Woodburn and WCAT. WCAT
provides the studio, the equipment and the training, while the City provides the
labor and the program ideas.
FINANCIAL IMP ACT:
Although there is no direct cost to the city, the time required to produce City Life
takes employees time away from other activities.
20
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August 13, 2007
TO: Honorable Mayor and City Council through City Administrator
FROM: Ben Gillespie. Finance Director i!tJYI
SUBJECT: Electronic Payment of Water/Sewer Bills (Bank Drafting)
RECOMMENDATION:
Accept report
BACKGROUND:
Citizens have been asking for the ability to pay their water/sewer bills
electronically. The Council has also expressed interest in the electronic payment
process, called bank drafting or direct debit.
The City's software can accommodate this kind of transaction, and most banks
make the service available to their customers.
Beginning with the July 27 bills the City has been inserting a notice in customers.
bills. The notice informs customers that the City is now offering bank drafting as
a means to pay their water/sewer bills (see attached notice) and provides a
from to sign up.
Those electing to use bank drafting will receive a copy of their bill each month.
The bill will bear the legend "Bank Draft" across the top of the bill to remind the
customer that he/she need not pay by check or cash. Instead their account will
be charged on the due date and the funds transferred electronically to the City
FINANCIAL IMPACT:
The bank charges the City $0.13 per transaction to process electronic payments.
It is estimated the first year costs of this program will be $230 to $325.
Agenda Item Review: City Administrato~ ~ ~ City Attorney
Financ
21
l~ ,j~.:to
. --...."'"
W.2.QQ~~N
Bank Drafting services are now available to have water/sewer payments
automatically deducted from your checking or savings account. It is a
convenient service that saves you time and money. To enroll, complete and
sign the form below, return it with your water bill payment, the payment stub,
and a voided check for checkinq accounts or deposit slip for savinqs accounts.
'.V;ltcr Dept.
2~O .\\ontgomery Street
',\ oGdhurn. OR 97071
How DOES BANK DRAFTING WORK?
By enrolling In the Bank Drafting program, customers
authorize their checking or savings account to be
debited for the payment of their monthly water/sewer
bill. Customers will continue to receive their bill
notification by mail.
15 THERE A COST TO USE THE BANK DRAFTING?
The City does not charge water/sewer customers any
fees for participating in this program, However, some
financial institutions charge a fee for electronic fund
transfers, So, ask your bank about any possible fees.
WHO IS ELIGIBLE TO PARTICIPATE IN BANK
DRAFTING?
All residential and business accounts being billed by
the City for water/sewer services are eligible to
participate in the Bank Drafting program, The
account must be in good standing and no more than
one returned check Within the last twelve months.
How DO I SIGN UP FOR BANK DRAFTING?
To sign up for this service, complete the application
form below, return it with your water bill payment, the
payment stub and a voided check for checking
accounts or a deposit slip for savings accounts,
-----------------
Yes, I want to sign up for Bank Drafting from my
.J Checking or ..J Savings Account (check one),
Enclose the following:
1. Payment for this month's 'Nater bill
2. Payment stub
:3 Completed applica:on
~ 'fOlded check (fer cr.ecklng acet) or
'~2posit slip (for saIlings acet)
.cl-9:ise ,v(,ntj
;'iame is ~ 1.:C(' 1"''; ..,' : ~ J ,\ -1t,~( - Ii
:; "'!r/jcp. ~ddre'3s
.ACC~ur-t No. :) I. .'~. .:'.. S 'JI' ) ".,i ',,:..el' ::;,,1)
;:jtla;~cial lnstit'..itio"
WHAT IF MY INFORMATION CHANGES?
Call the Water Dept. at 503-982-5218 to notify us of any
changes that may result in payments being declined by
the banking institution. The City will not be responsible
for losses due to inaccurate information or failure to
provide timely notification of changes.
WHEN WILL MY ACCOUNT BE DEBITED?
Customers enrolled in Bank Drafting will be notified
when their waterlsewer bill is prepared. Approximately
20 days from the bill preparation date, your
checking/savings account will automatically be debited
for the charges on the bill.
WHAT IF A PAYMENT 15 REJECTED?
Payments may be rejected by a financial institution
because of insufficient funds, the account being closed,
or other reasons. Check with you financial institution for
their policy of imposing fees. If your payment is rejected,
the City will charge a $25 processing fee on your next
water/sewer bill.
How DO I STOP BANK DRAFTING?
Contact the Water Dept. at 503-982-5218 to terminate
participation in this program. Once the City has been
notified, termination in the program will be effective
within 15 working days, The City reserves the right to
terminate your participation in the program if the
automatic payment is rejected more than once in a 12-
month period.
------------------
Bank Drafting Service
Application & Agreement
, 'H::lreby i'llj;rorize the City of ':!occburn the financial institution
I r'a'/e indicated to automatically deduct from my cr.eck:ng.:r
;;",,;",gs aCcOl,nt all :,,,,ture r:ayments for my ',\a~er bills, I
",i'cerstar,d ~r,at ccth t.'e City ar.d my :inan,::alrstitu:.on
'2ser/8 tt:e nght to 'e,mnate U~,s autr,orization ar,d TY
,:31-:!::~a:ion ~I~erein. if I:hoose to terminate thiS aut~or:zaticn
. :"il ;:11i1.e,jiately ratify tre City oL'iceJburn ',"'ater Oep!..
Print Name
Signature
Oate
- ..
22
:3 Ijr'3ture ';:'.J3t r'l3tch r3il":2 JI~ =~e;::-<.)
~icte: Sqatu:e is mandatory to;e 8i'/C le,j .n 3af1i<. Cra:tin<J.
Pago B.ancario 1?ire~to. ~os servlclos de pago directo para pagos de agua y
alcantanllado estan dlsponlbles para que de manera automatica se deduzcan de
su cuenta de cheques 0 de ahorros. Es un servicio muy comodo que Ie ahorra
tiem~o y dinero. Para afiliarse, complete y firme la forma de la parte inferior,
regresela Junto con su pago del recibo del agua, mande el talon del recibo y un
cheque cancelado en caso de desear utilizar cuenta de cheques 0 una ficha de
deoosito oara el caso de cuenta de ahorros.
. t-~
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l.COMO FUNCIONA EL SISTEMA DE PAGO BANCARIO
DIRECTO?
A, enrolarse en el prcgrama de pago bancario directo, 10s
cl,entes autoflzan que desde su euenta bancaria se deduzcan
;os pagos mensuales por los servlclos de agua y drenaje. Los
<:Lontes scgulr;:m reelblendo su reclbo de notlficaclon por
curreo.
l.EXISTE UN COSTO POR EL usa DEL SERVICIO DE
PAGO DIRECTO?
EI goblerno de la ciudad no realiza cargo alguno a los dentes
de los servicios de agua y drenaJe por participar en este
programa. Sm embargo illgunas Instituciones financieras
n'\allzan e3r90s por la transferenela electronica de fondos. Por
10 que Ie recomendamos preguntar en su banco por posibles
cargos.
(,QUIEN ES ELEGIBLE PARA PARTICIPAR EN EL PAGO
BANCARIO DIRECTO?
Todas 185 Cllentas residenclales y de negocios cuyos recibos
de pago el gobierno municipal envia a traves del correo son
elegibles para participar en el Programa de Pago Bancario
Directo. Las cuentas deben de estar en buen estado y en las
que no aparezca que en los ultimos doce meses se les regreso
un cheque.
(.COMO ME INSCRIBO EN EL PROGRAMA DE PAGO
BAN CARlO DIRECTO?
Para Zlfiliarse a este servicio. complete ia solicitud de la parte
'nferior y regresela Junto con su pago del rccibo del aqua.
[YJande Oi talon del reclbo y un cheque concelado en caso de
deseClr Ilttli:'dr cuent;l de cheques 0 una fcha de deposito paro
el casu Gt; cuenta co .:thorros.
::ll. ':"Sl;\') 0~,(.):armo;,1 pCl'JO bilnCilflo ,jlrocto utillzando
r~,; ;- ,jt '1:,'1 lU r:rf-'ql.l;'~ I) = ,.'""', cuent3 :~e :_~ror:os 1,.""1;-1:q'Je
Jr:, ') ,I
',idl-'-::t.: I:: --' :u.tj I:..t:
Ei -t.:(~t::C I~l'l ;-~"l je ,~t:l Ii lU,l ,_L: _;~.l.! ,-'rH!S
I, j ':.)il :.}.:;: ~ ~'jC
'".-_ c :~c ~':r" p.<_ -~';
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~~ . =: ;~, -'
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C01:1~.:.ljIO jf~1 '5e(\jir:~<)
l\4u,r;e,"o de (Uei1l3
:r-,;;tltt..C:O,' .=:Il:Jr.C:~(3
(. Y 51 MIINFORMACION CAMBIA?
Cornuniquese al Departamento de Agua al 503-982-5218 para
notlflcarnos de cualquier cambio que pueda resultar en que el pago
sea rechazado por la institucion bancaria. EI gobierno de la ciudad no
sera responsable por perdidas debido a informaci6n inadecuada 0 par
no proveer la Informacion de cambos en tiempo.
(,CUANDO SE EFECTUARAN LOS PAGOS DESDE MI CUENTA?
Los clientes que se afilien al sistema de pago directo seran
notificados de la fecha en que se preparo el recibo de pago de los
servicios de agua y drenaje. Aproximadamente 20 dias despues de la
fecha de preparacion del recibo, su cuenta de ahorros/cheques sera
dutomaticamente disminuida de acuerdo a los cargos de su recibo.
(,QUE PASA 51 UN PAGO ES RECHAZADO?
Los pagos pueden ser rechazados por una institucion financiera
debido a la insuficiencia de fondos, cuenta cancelada u otras razones.
Cheque en su institucion financiera la politica de imponer cargos. Si
su pago es rechazado, el gobierno de la ciudad Ie cargara un pago de
$25.00 por cuestiones de proceso en su siguiente recibo de agua y
drenaje.
(,COMO LE PONGO ALTO AL PAGO BANCARIO DIRECTO?
Comuniquese al Departamento del Agua al 503-982-5218 para
termlnar su participacion en este programa. Una vez que la oficina
sea notificada, la terminacion en el programa sera efectiva dentro de
los 15 dias laborables siguientes. EI gobierno de la ciudad se reserva
el derecho de dar por terminado su participacion en el programa en
caso de que el pago
automatico sea rechazado mas de una vez en un periodo de doce
mesas.
---------------....
Servicio de pago bancario directo
Solicitud y consentimiento
{G ::;or lste ,H;'J:O autoiiz6 al gob:(~rno ,je 13 CtUd3d de \l/ccd8urn Cdr.l
'~Ct: ,jt; ~-:!~H;,f;ra a:JtorT'~~tica (jeduzc3 dcsC:c mi CL.:tJnta de ;jhorrcs ~ l~+;
.:r,-qL.o::, ,ja :arstituc;6n f r~1nciera 'We i;(; Irdic3do 'os P~]r:lOS futLro,:;
':0 ,-recitos r:e rlll ':L.Crt.l ':0 .JqL..3. Ent.er,do '~ue tanto 01 c:;cb.erro de ',I
-,.JrJ.IJ con:o:d ;1~sUuc:(;n fii';]nC;er:1 se f(;Ser/:ln el rj(;:oero ':8 torm::-Llr
~.;:.;ta :lu:cr Z,10,Jll y I-~i; ;J;1(tlCfp~lC!6n en 1)1 orC(]rarr.l. 51 dcc~do '::;,Jr ocr
t ;rmwClda csta autoriz:1c,cn. De irmed,lto nctif,cdre :.11 Dt]r:art3'~:e'nto
'~';..:! Fij!lcl !je!a CIU,::1;-l(j l~\~ '.~/\Jodturr
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cscriba 3U nOlnbre
Firma
Fecha
23
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August 13, 2007
TO:
Honorable Mayor and City Council
FROM:
John C. Brown, City Administrator
SUBJECT:
Tree Ordinance Revisions
RECOMMENDATION:
It is recommended the City Council adopt the revised tree ordinance.
BACKGROUND:
At its June 25, 2007, meeting, the City Council discussed amendments to
Ordinance 1908, which regulates the maintenance, removal, and placement of
street trees in Woodburn. A citizen's request to remove an otherwise healthy
street tree, the roots of which were raising the resident's driveway, prompted the
Council's consideration of the ordinance. Staff discussed current policy with
Council, and desirable amendments to the ordinance to address the immediate
issue and, due to its age, to update it for consistency with current practice and
other ordinances (Attachment 1). Staff advised it would, within a month,
present the recommended ordinance amendments for Council consideration.
DISCUSSION:
Drafting the ordinance was more involved than anticipated, resulting in a two-
week delay in presenting it to Council. Because of the age of the original
ordinance and the number of procedural changes, the City Attorney opted to
draft a revised ordinance. Although the changes address little in the way of
policy, the revised ordinance contains significant procedural updates and
revIsIons.
Recommended revisions:
. Specify that no street tree may be removed without written permiSSion
from the City, authorize the Public Works Director to grant such permission,
Agenda Item Review:
/
/
City Administrator /'(
.--
,
City Attorney ~
Finance
24
Honorable Mayor and City Council
August 13, 2007
Page 2
.
.
and prohibit removal by anyone other than a certified, licensed, and
bonded tree professional;
. Require an arborist's report that supports removal before permission will be
granted, and place financial responsibility for that report on the land-
owner:
. Add damage to private driveway aprons and walkways ("private
infrastructure") located with City rights-of-way to the justification for
removing a street tree, provided such damage cannot be remedied by
less drastic alternatives;
. Incorporate the cost sharing provisions of Resolution No. 1514 related to
tree removal into the ordinance, but do not extend subsidy when
removals are initiated by owners for damage to private infrastructure;
. Establish 2 inches as the minimum acceptable caliper size for
replacement trees;
. Eliminate references to the defunct Street Tree Committee, and to the
Recreation and Parks Director;
. Eliminate references to a list of approved street trees, referring instead to
guidelines provided in the Woodburn Development Ordinance;
. Create guidelines to regulate tree planting, spacing and clear vision
requirements that will be consistent with the Woodburn Development
Ordinance;
. Increase to current City standards the insurance coverage that must be
maintained by arborculturalists doing business in the City, and require
them to obtain a City business license;
. Establish provisions linking the abatement and lien procedures to the City
of Woodburn Nuisance Ordinance; and
. Update penalty provisions to reflect current City policy.
Recommended amendments would, with your approval, take effect October 1,
2007. This will allow City Public Works and Community Development staff
adequate time to develop a set of guidelines related to spacing and clear
vision requirements that are consistent with the Woodburn Development
Ordinance.
FINANCIAL IMPACT:
The recommended action is not expected to have a material impact on the
current cost of enforcing the tree ordinance.
25
t":~~'-':;'~:":'-:'.'~'
~ ~~:i" -.~
WQQiiJi\mN
~,~
.1 . . ',.J, r I I f' ,/ !.' Y ..
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.
June 25, 2007
ATTACHMENT
Page ~ of )'
FROM:
Honorable Mayor and City Council through City Administrator
Frank Tiwari. Public Works Director ~ --:1(' ~
Randy Rohman, Public Works Program Manager A ~
TO:
VIA:
SUBJECT:
Trees in Right of Way Impacting Public and Private Infrastructure
RECOMMENDATION:
it is recommended that City Council:
. Accept staff's report and recommendations related to the street tree
located at 924 Oregon Way; and
. Prepare, for consideration at the Council's July 23, 2007 meeting,
amendments to the existing tree ordinance as recommended in this staff
report.
BACKGROUND:
At your June 11, 2007 meeting, Mr. Herbert Harrison of 924 Oregon Way asked
the Council to remove a street tree in the City's right of way that is lifting his
driveway. Because the subject tree, a liquidambar, is healthy, the City
maintenance division denied his earlier request to them to remove the tree.
Council directed staff to return with an explanation of the City's current tree-
removal policies, and an evaluation of the circumstances specific to the
Harrison request.
(Jrdinance No. 1908 (Attachment 1) was adopted in 1985 and dictates policy
regarding ma:ntenance, and details the City's authority in the removal. of street
"ee5. Street trees, as defined by the ordinance, are any "tree, shrub, bush, or
()ther woody vegetation on land located within a dedicated right-of-way on
.:::i+her side of a street, avenue, or oTher way within a dedicated utility
~,jsen;er,t." ire Ordinance places responsibility for maintenance and care of
~~e(~+ tr,::;es ,::,r. tie aO'jtting property owner, at the owner's cost.
.\,'l'~'lda itE-m '<ev:ew:
./ /)
City Administrator j0~" City Attorney ~
/- ,
Finance _~ ' I
26
Honorable Mayor and City Council
June 25, 2007
Page 2
.
ATTACHMENT
Page_ :L of
l
5
.
The ordinance does not specifically prohibit a property owner from removing a
street tree. Nor does it grant a property owner that right. All mention of tree
removal addresses actions the City m(]y take or require. The ordinance does,
however, place the financial responsibility for removal on the property owner. It
also allows the City to lien property to recover any removal costs it may incur. In
practice, the City requires property owners to seek permission before heavy
pruning, or removing a tree, and has denied permission when the tree is healthy.
The ordinance authorizes the City to remove, or require a property owner to
remove all or a portion of a tree that is in an unsafe condition, dead, diseased,
or constitutes a threat to the health of other trees in the area due to illness or
infestation. The City may also remove, or require a property owner to remove all
or a portion of a tree that is damaging water, sewer, telephone and electric
lines, or other public improvements such as curbs and sidewalks. The ordinance
does not address the removal of trees that don't meet these criteria; staff
interprets the absence of such a provision as being prohibitive. The ordinance
also enables the City to require a proppr~y owner to replace the removed tree
at the owner's cost, from an approved list of tree species.
In 1998, the City Council recognized the high cost of tree removal, and adopted
Resolution No. 1514 (Attachment 2) to implement a subsidy program. The
subsidy is available to reimburse property owners up to $500 of the cost of tree
I emoval or extensive maintenance (the owner pays the first $200 and costs
above that amount are split equally until maximum of $500 is reached). This
subsidy is applied when the City requires the removal or when the property
owner requests removal to eliminate a hazardous condition. The City has also
paid the entire cost of removing trees when trees are damaging its water or
sewer lines.
Similar to the Street Tree ordinance, Ordinance No. 1917 places the responsibility
for maintaining, repairing, and replacing sidewalks on the abutting property
owner. A sidewalk subsidy program cLC' exists, to reimburse a property owner
Up to $500 for repairs to sidewalks and associated driveway approaches due to
damage or deterioration. That ordinance does not specifically address
(jrivewoy apprcaches; in practice these are viewed as the responsibility of the
uGperty owner if there is no sidewalk associated with the installation. A
dri'.;eway that is associated with a sidewalk is treated as public improvement for
~:~,e purpose of subsidy, since pedestrians use the driveway as an extension of
.~ '3 s:dewolk and its good repair benefits the public in general.
27
Honorable Mayor and City Council
June 25, 2007
Page 3
.
ATTACHMENT I
Page --3- of 5 '
.
DISCUSSION:
924 Oregon Wav.
The subject tree is located on the property line between the house at 924
Oregon Way and the adjacent home to the south (the adjacent homeowner
would also have to concur in any tree removal the Council may approve as a
result of this matter). Inspection determined that none of the health-related
criteria required for the City to remove t!"'e tree are met. Sewer and water lines
in the area are located in, or on the other side of the street, so there is no
interference with that infrastructure. Nor is there any lifting of the street curb,
only the driveway and approach apron. Damage to the driveway is, however,
occurring within the City right-of way. Inspection also found, as those familiar
with the area know, there are no sidewalks.
A driveway that is not associated with (crossed by) adjacent sidewalks is not a
public improvement, as it benefits only the owner of the property and not the
public in general. Accordingly removal criteria related to infrastructure damage
as they pertain to public sidewalks are also unmet in the immediate instance.
In summary, none of the criteria required for City removal of the tree are met.
Staff recommends that Council deny the request that the City remove the tree.
Given the concerns voiced at your la~t r~leeting regarding the trip hazard that
raised concrete presents to the inhabitants of and visitors to the property in
question, Staff believes the issue for the Council to consider in this matter is
whether removal criteria should take into consideration damage done to
"private infrastructure," such as the subject driveway. Staff believes it is
reasonable to remove a healthy street tree if the damage to private
infrastructure is occurring within the area of the City right of way, but only when
there are no options available that would alleviate the damage without
k~moval. Options could include cutouts for the tree, root trimming, shifting or
tJther solutions that would allow the healthy tree to remain. City right of way
generally extends 13 feet onto a property measured from the curb face.
i ,]ppears The damage at 924 Oregon Way can be alleviated with a cut-out for
'roe tree, and with root trimming. It has been the City's experience that
.quidambars hove an extensive r00t system, and can be subjected to
.y;)gressive root trimming without serious injury to tree health.
28
Honorable Mayor and City Council
June 25, 2007
Page 4
ATTACHMENT l
Page~of S
.
.
Staff believes two further issues exist for Council consideration, financial
responsibility, and replacement. With respect to financial responsibility, staff
recommends that if a healthy tree is removed at the property owner's request.
the total removal cost should be the responsibility of the owner. Staff further
recommends a sidewalk replacement subsidy should be provided to the owner
only when the driveway repaired is associated with a sidewalk. No subsidy
would be allowed where there art; no adjacent sidewalks. These
recommendations are consistent with the policies included in Resolution 1541
and Ordinance 1917, and are based on the loss of a public asset and
associated lack of public benefit in such cases.
With respect to tree replacement, Ordinance 1908 requires a removed tree be
replaced. Staff recommends this provision should apply to owner initiated
removals. It is further recommended, however, for consistency with the
Woodburn Development Ordinance, that any new tree plantings comply with
the WDO tree requirements. It is also ~ecommended that a minimum size tree
be required and that the replacement tree match the approximate height of
the replaced tree at maturity. Staff proposes a minimum 2-inch diameter for
replacement trees at planting. Finally, consistent with the conditions of
approval placed on private development, permission to remove a healthy tree
should be accompanied with a requirement that if the replanted tree does not
survive it in turn must also be replaced.
As a point of information, staff review of the Senior Estates area found at least 50
instances where a street tree/driveway impact has the potential to exist. Senior
Estates is the rnain area where street trees may impact driveways without an
impact to sidewalks normally constructed in association with the driveways in
much of the remainder of the City. When there is a driveway associated with a
sidewalk it is considered a public improvement since pedestrians use the
driveway as an extension of the sidewalk- There are also such potential conflicts
in other older areas of the City that do not have sidewalks.
A.s 0 further point of information, Public Works staff responds to numerous
, 30uests regarding trees each year. Many deal with tree removol. The
iV,cintenance division addressed 58 tree-related calls this past year.
Ordinance Amendments.
rr~e ~ree crdinance was adopted in 1985. While the ordinance remains legally
L:r-::: 'Jr.d ;5 \::\..)r;e[;7\,/ ccr~!sistent 'Nith Council policy, some sections should be
.l>~bj.ed 'or c1ar;7'1, or;d for ccnsstency with either current or revised practice.
29
Honorable Mayor and City Council
June 25, 2007
Page 5
.
ATTACHMENT \
Page --2- of S
.
In addition to amendments to enact the foregoing policy recommendations
regarding the removal and replacement of health trees, staff recommends
amendments to:
. eliminate the role of and reference to the long-defunct Street Tree
Committee subcommittee of the Recreation and Parks Board;
. update the list of allowable street tr!3es to be planted for consistency with
the WDO;
. specify that no street tree may be removed without City approval;
. update tree spacing standards for consistency with the WOO;
. address all procedural and legal issues to ensure both due process for the
citizen and legal protection for the City.
With your approval of these recommendations, or with other direction, staff will
prepare and return a draft ordinance revision for consideration at your July 23,
2007 meeting.
FINANCIAL IMPACT:
Staff time associated with process review is the only financial impact associated
with the recommended action.
30
COUNCIL BILL NO.
ORDINANCE NO.
AN ORDINANCE UPDATING AND REVISING THE PROCEDURES RELATED TO TREES
WITHIN THE CITY OF WOODBURN; REPEALING ORDINANCE 1908; AND SETTING AN
EFFECTIVE DATE.
WHEREAS, the City Council recently considered an Issue regarding the
removal of a street tree; and
WHEREAS, in the course of considering this specific issue, the Council
requested a report on the administration of the City tree ordinance; and
WHEREAS, the Council received the report from City staff and discussed
the relevant policy issues; and
WHEREAS, the Council directed that certain revisions be made to the City
tree ordinance; and
WHEREAS, these revisions are extensive enough in nature that they should
be contained in a new revised ordinance; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Definitions.
A. "Arborist" means a person who has met the criteria for certification
from the International Society of Arboriculture or American Society of Consulting
Arborists, and maintains his or her accreditation.
B. "Park tree" means a tree, shrub, bush, or other woody vegetation in
public parks or areas to which the public has free access.
C. "Person" means an individual or legal entity.
D. "Private infrastructure" means a driveway apron or private walkway
located within the City right-of-way.
E. "Private tree" means a tree, shrub, bush, or other woody vegetation
located on private property other than a dedicated right-of-way or public
easement, or public parks and grounds.
poge 1 - COUNCIL BILL NO.
ORDiNANCE NO.
31
F. "Public infrastructure" means public water and sewer lines, electric
lines, gas lines, telephone or cable television lines, curbs, and sidewalks located
within the public right-of-way, and other public improvements.
G. "Public Works Director" means the Woodburn Public Works Director
or designee.
H. "Remove" or "Removal" means to cut down a tree, or remove 50%
or more of the crown, trunk, or root system of a tree: or to damage a tree so as
to cause the tree to decline and/or die. Remove or removal includes topping.
Remove or removal includes but is not limited to damage inflicted upon a root
system by application of toxic substances, operation of equipment and
vehicles, storage of materials, change of natural grade due to unapproved
excavation or filling, or unapproved alteration of natural physical conditions. It
does not include normal trimming or pruning.
I. "Street tree" means a tree, shrub, or other woody vegetation on
land lying within the right-of-way along either side of a street, avenue or other
way or within a dedicated side of a street, avenue or other way or within a
dedicated public easement of the City.
J. "Topping" means the severe cutting back of a tree's limbs to stubs
three inches or larger in diameter within the tree's crown to such a degree so as
to 'emove the natural canopy and disfigure the tree.
Section 2. Permit to Remove Trees Reauired.
A. No person shall remove a street tree without obtaining a permit
from the Public Works Director. Permits to remove street trees will be granted
only if one of the following conditions exist:
(1) The tree is dangerous and may be made safe only by its removal.
(2) The tree is dead or dying, and its condition cannot be reversed.
(3) The tree is diseased and presents a potential threat to other trees
within the City, unless it is removed.
(4) The tree is causing damage, which cannot be corrected through
normal tree maintenance, to public infrastructure as defined by this Ordinance.
(5) The tree is causing damage, which cannot be corrected through
normal tree maintenance, to private infrastructure as defined by this Ordinance.
Page 2 - COUNCIL BILL NO.
ORDINANCE NO.
32
B. Any application for a permit to remove a street tree shall be
supported by a report prepared by an Arborist as defined by this Ordinance
and paid for by the applicant for the permit.
C. Street Tree Removal Applications and Street Tree Permits shall be
prepared by the Public Works Director in a form approved by the City Attorney.
D. Street tree removal permits shall remain valid for a period of 180
days from the date of issuance. Permits that have lapsed are void. Trees
removed after a tree removal permit has expired shall be considered a violation
of this Ordinance.
E. Misrepresentation of any fact necessary for the City's determination
for granting a tree removal permit shall invalidate the permit. The City may at
any time, including after a removal has occurred, independently verify facts
related to a tree removal request and, if found to be false, or misleading, may
invalidate the permit and process they removal as a violation. Such
misrepresentation may related to matters including, without limitation, tree size,
location, health or hazard condition, justification for issuance of permit, or
owner's authorized signature.
Section 3. Arborculturist Permit. No person or firm shall engage in the
business or occupation of pruning, treating, or removing street or park trees
','/ithin the City without obtaining a City business license from the Finance
Department and an Arborculturist Permit from the Public Works Director. An
Arborculturist Permit shall not be required of any public service company or City
employee doing such work in the pursuit of their public service endeavors.
Before a permit is granted, an arborculturist shall file evidence of possession of
liability insurance in the minimum amounts provided by ORS 30.270 (the Oregon
Tort Claims Act) and sign the indemnification statement provided by the Public
Works Director in a form acceptable to the City Attorney.
Section 4. City Cost Sharino for Street Tree Removal. Subject to the
availability of funds in the City's budget, the Public Works Director is authorized
to expend City funds to share in the cost of removal of street trees according to
the following formula:
COST OF REMOVAL I OWNER SHARE CITY SHARE
First $200 ! 100% 0%
Above $200 I 50% i 50%
i
Page 3 - COUNCIL BILL NO.
ORDINANCE NO.
33
The maximum City subsidy for one property shall not exceed $500, except in
cases where the street tree removal is done exclusively for the protection of
public infrastructure where the Public Works Director is authorized to have the
City pay the entire cost. No subsidy shall be provided for trees removed at a
land owner's request in order to protect private infrastructure. Additional
guidelines for cost sharing of tree removal may be established, and amended
from time to time as needed, by resolution of the City Council.
Section 5. Tree Replacement. The City may require the replacement by
the abutting property owner, at the owner's expense, of a new tree after
permission has been granted by the Public Works Director for the removal of an
existing street tree. Replacement trees must have a minimum caliper of 2 inches
at chest height, be of a species that reaches the same height at maturity as
surrounding street trees, and may not be a prohibited species under the
Woodburn Development Ordinance.
Section 6. Woodburn Street Tree Plantina Reaulations. All street trees shall
be planted in conformance with the Woodburn Street Tree Planting Regulations
which shall be adopted, enforced, and administered by the Public Works
Director consistent with the terms of this Ordinance. Copies of the Woodburn
Street Tree Planting Regulations shall be on file in the City Recorder's office,
Public Works Department, Community Development, and the Woodburn Public
Library.
Section 7. street Tree Species to be Planted. No person shall plant a street
tree of any species that is prohibited by the Woodburn Development Ordinance
without the written permission of the Public Works Director.
Section 8. Tree Maintenance by City. The City shall have the right to
plant, prune, maintain, and remove trees located within the public right-of-way
as may be necessary to protect public safety or to preserve or enhance the
appearance of public property. The City may remove, or order to be removed
at the expense of the abutting property owner, any tree or part thereof which is
in an unsafe condition or which by reason of its nature is injurious to sewers,
electrical power lines, telephone or cable television lines, natural gas lines, water
lines, or other public improvements, or is affected with any injurious fungus,
insect, or other pest.
Section 9. Street Tree Maintenance by Owner.
A. In consideration of the value and benefits derived from the beauty
and enjoyment of the street trees, the property owners abutting dedicated
rights-of-way and utility easements, shall have the responsibility, control. and
shall bear the cost of maintenance and care of the street trees abutting their
Page 4 - COUNCIL BILL NO.
ORDINANCE NO.
34
property, and shall regularly inspect and remove defective conditions as
necessary .
B. The abutting property owner shall prune the branches of a street
tree so that the branches do not obstruct the light from a street light or obstruct
the view of any street intersection. The owner shall maintain a clear space of 15
feet above the surface of the street and 10 feet above the surface of any
sidewalk. The owner shall remove all dead, diseased, or dangerous, or broken
or decayed limbs which constitute a danger to the safety of the public.
C. The owner shall be liable for injury, damage, or loss to persons or
property caused by the property owner's failure to comply with subsection A or
B of this section.
D. The City of Woodburn shall not be liable for injury, damage, or loss
to person or property caused in whole or part by the defective or dangerous
condition of any tree located in or upon a right-of-way. The owner shall defend
and hold harmless the City from all claims for loss and damage arising from the
owner's failure to comply with Subsection A of this section.
Section 10. Mutilation and Toppino of Trees.
A. Mutilation. Unless specifically authorized in writing by the Public
Yorks Director, no person shall intentionally damage, cut, carve, transplant, or
remove any park tree or street tree; attach or place any rope or wire (other
than one used to support the tree itself), sign, poster, handbill, or other thing to it;
allow any gaseous liquid or solid substance which is harmful to such trees to
come in contact with it; or set fire or permit any fire to burn when such fire or the
heat thereof will injure any portion of any such tree.
B. Tree Topping. No person shall top any park tree or street tree,
except as authorized by the Public Works Director.
Section 11. Removal of Stumps. All stumps of street and park trees shall
be removed below the surface of the ground so that the top of the stump shall
not project above the surface of the ground. The costs of removing stumps shall
be borne by the adjacent property owner.
Section 12. Summary Powers for Removal of Danaerous or Nuisance Trees.
A. The City may prune a private tree when it interferes with the
property spread of light along the street from a street light or interferes with the
visibility of any traffic control device or sign.
Page 5 - COUNCIL BILL NO.
ORDINANCE NO.
35
B. The City may cause the removal of all or part of any dead,
dangerous or diseased park, private or street tree when the tree constitutes a
hazard to life, property, or harbors insects or disease which constitutes a
potential threat to other trees within the City.
C. The City may remove or trim a tree described in this section or may
require the property owner to remove or trim any such tree on private property,
or in a dedicated right-of-way or utility easement abutting upon the owner's
property. Failure of the property owner to remove or trim the tree within 30 days
after receiving notice by the City Administrator is a violation of this Ordinance,
and the Public Works Department may then remove or trim and tree and assess
the costs as a lien against the property.
Section 13. Nuisance Abatement. All street trees that the Public Works
Director requires to be removed pursuant to this Ordinance, constitute nuisances
and are subject to the abatement and lien procedure contained in Ordinance
2338, the City of Woodburn Nuisance Ordinance.
Section 14. Enforcement.
A. Civil Infraction. In addition to, and not in lieu of any other
enforcement mechanisms, a violation of any provision of this Ordinance
constitutes a Class I Civil Infraction which shall be processed according to the
procedures contained in the Woodburn Civil Infraction Ordinance.
B. Civil Proceeding Initiated by City Attorney. The City Attorney, after
obtaining authorization from the City Council, may initiate a civil proceeding on
behalf of the city to enforce the provisions of this Ordinance. This civil
proceeding may include, but is not limited to, injunction, mandamus,
abatement, or other appropriate proceedings to prevent, temporarily or
permanently enjoin or abate any violations of this Ordinance.
Section 15. Separate Offenses. Each day during which a violation of this
Ordinance continues shall constitute a separate offense for which a separate
penalty may be imposed.
Section 16. Appeal. If the Public Works Director refuses to issue any permit
under this Ordinance, or requires the removal of a tree, the Public Works Director
shall provide written notification to the applicant who may appeal to the City
Council in writing within ten calendar days after the date of the written
notification from the Public Works Director. The City Council shall proceed to
hear and determine the appeal, based upon information submitted by the
permit applicant and the Public Works Director. Any review of the City Council's
?age 6 - COUNCiL BILL NO.
ORDINANCE NO.
36
final decision shall be to the Marion County Circuit Court pursuant to ORS
Chapter 34.
Section 17. Severability. The sections and subsections of this Ordinance
are severable. The invalidity of any section or subsection shall not affect the
validity of the remaining sections and subsections.
Section 18. Repeal. Ordinance 1908 is hereby repealed.
Section 19. Savina Clause. Notwithstanding the repeal of Ordinance 1908,
Ordinance 1908 shall remain in force for the purpose of authorizing the
prosecution of a person who violated Ordinance 1908 prior to the effective date
of this Ordinance.
Section 20. Effective Date. This Ordinance shall take effect on October 1,
2007.
Approved as to form:
'::r }/VO--~ ~C:;;
City Attorney
6) /...) / ;' " 0 -J
J
Date
Approved:
Kathryn Figley, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant City Recorder
City of Woodburn, Oregon
Page 7 - COuNCIL BILL NO.
ORDINANCE NO.
37
.~.~-~./~\
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WOOn'BURN
J ., .; ,; r ;t J , .1 I t J I 1 ~ <J
1J~A~_ J L. liB
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August 13, 2007
FROM:
Honorable Mayor and City Council through City Administrator
G. S. Tiwari, Public Works Director ~ /}
Randy Rohman, Public Works Program Manager ~~L:L_____
TO:
VIA:
SUBJECT:
Local Agency Agreement with ODOT for Intersection Improvements
at Highway 214/Settlemier Avenue/Boones Ferry Road
RECOMMENDATION: Approve the attached resolution entering into a Local
Agency Agreement with the Oregon Department of Transportation for
Intersection Improvements at Highway 214/Settlemier Avenue/Boones Ferry
Road and authorizing City Administrator to sign said agreement.
BACKGROUND: The ODOT project (with City cost sharing) for the Boones
Ferry /Settlemier /Highway 214 intersection was originally scheduled for
completion in the 2006 construction season but other ODOT work has continued
to delay the project. ODOT requirements to accomplish high priority bridge
projects with legislative deadlines originally delayed the project. The City
completed Boones Ferry Road improvements to the north of the intersection.
The City also installed as part of a separate project a temporary signal that did
improve intersection operations by removing the previous split phase signal. The
remaining intersection project will install a permanent signal, make safety and
operational improvements on Settlemier Avenue and Highway 214. The project
will add a dedicated right turn lane on Highway 214 east of the intersection.
After continuing further delays by ODOT and the City's design consultant, a bid
package has boon completed. Completion of an environmental prospectus
that was originally determined to be not required has caused further delay. The
project is currently scheduled for bid award at the September 27, 2007 ODOT
oid opening.
Since the project will utilize federal funding the project is required to be bid by
ODOT. The work is on a busy state highway the City wants ODOr to manage
t::p proj,.:;ct, CCOT end their inspection contractors are much more familiar with
C omtruction cptior,s such as nighttime work that are often used for projects on
,./"7 ./
./ 'r>
----- '" --~--------,---------- ~(/
:l':r-,jcl ,'d1': h;'I,'_"'N: City Aon,;~istrat~~ -~ -
,
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City Attorney i'. ~_
" I
!'-inonce /_,L~
38
Mayor and City Council
August 13,2007
Page 2
.
.
busy sections of state highway. The project's federal funding adds additional
requirements for inspection and contract administration. To insure no problems
with federal construction requirements an inspection contractor familiar with
these procedures is essential. The City is currently working with ODOT to identify
an ODOr flex contract consultant firm to handle the construction engineering. It
is anticipated that that selection of the inspection contractor will be complete
by September 15, 2007.
The Local Agency Agreement that has been provided is for the federal funding
that will assist in completion of this project. The federal funding involves
$179,820 in Highway Safety Program funds and $228,494 in Surface
Transportation Program funds for a total federal funding of $408,314. The project
total cost in the agreement is listed as $540,000 but this is an old figure. The
project is listed in the approved 2007-2008 City Budget Capital Improvement
Program as having an estimated cost of $612,000. The City budget figure is
from preliminary ODOT estimates and a final cost estimate will be prepared by
ODOT as the project is in the bid phase.
DISCUSSION: This project has been discussed for some time and has been the
subject of numerous delays in moving to the construction phase. Since the
project will utilize federal funding the project is required to be bid by ODOT.
Higher priority workloads for ODOT staff coupled with some unfamiliarity with
ODOT design procedures by the City's design consultant has contributed to the
numerous delays.
The project, however, is finally proceeding to the bid award stage. The local
agency agreement is required to provide the federal funding for the project.
Staff recommends that the resolution authorizing the City Administrator to sign
the agreement be approved.
FINANCIAL IMPACT: The project is included in the FY 2007-2008 approved
Capital Improvement Program and funding for the City share of the project
funding is included in the Transportation Impact Fee and Street/Storm Drain
Capital Improvement Fund.
39
COUNCIL BILL NO.
RESOLUTION NO.
A RESOLUTION ENTERING INTO LOCAL AGENCY AGREEMENT NUMBER
23,291 WITH THE STATE OF OREGON AND AUTHORIZING THE CITY
ADMINISTRATOR TO SIGN SUCH AGREEMENT.
WHEREAS, by authority granted in ORS 190.110, 366.572 and 366.576,
the State of Oregon acting through its Department of Transportation is authorized
to enter into agreements with cities for the performance of work on certain types
of improvement projects with the allocation of costs on terms and conditions
mutually agreeable to the contracting parties, and
WHEREAS, OR 214 is a state highway under the jurisdiction and control
of Oregon Transportation Commission, and
WHEREAS, Settlemier Avenue and Boones Ferry Road are part of the
city street system under the jurisdiction and control of the City of Woodburn, and
WHEREAS, under such authority the State of Oregon acting through its
Department of Transportation and the City of Woodburn agree to modify the
existing intersection alignment, and signal at OR 214, Settlemier Avenue and
Boones Ferry Road, and
WHEREAS, the State of Oregon, Department of Transportation, has
provided Local Agency Agreement No. 23,291 outlining terms and conditions for
the modification of the existing intersection alignment, and signal at OR 214,
Settlemier Avenue and Boones Ferry Road, NOW THEREFORE:
THE CITY OF WOODBURN RESOLVES AS FOllOWS:
Section 1. That the City of Woodburn enter into Local Agency Agreement
No. 23,291, which is affixed as Attachment "A" and by this reference
incorporated herein, with the State of Oregon acting by and through its
Department of Transportation to modify the existing intersection alignment, and
signal at OR 214, Settlemier Avenue and Boones Ferry Road.
Section 2. That the City Administrator of the City of Woodburn IS
authorized to sign said agreement on behalf of the City.
Page 1 - COUNCIL SILL NO.
RESOLUTION NO.
40
Approved as to form:
~f) ry-/}- I ~)
City Attorney
6/15' L 200 :7--
Date
APPROVED:
Kathryn Figley. Mayor
Passed by the Council
Submitted to the Mayor
Approved by Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant, Recorder
City of Woodburn, Oregon
?age 2 - COUNCIL BILL NO.
RESOLUTION NO.
41
ATTACHMENT / 1
Page -L of I,c
July 13, 2007
Misc. Contracts & Agreements
No. 23,291
LOCAL AGENCY AGREEMENT
SURFACE TRANSPORTATION PROGRAM - LOCAL
HIGHWAY SAFETY PROGRAM
OR 214 at Settlemier/Boones Ferry
City of Woodburn
THIS AGREEMENT is made and entered into by and between the STATE OF OREGON,
acting by and through its Department of Transportation, hereinafter referred to as "State";
and the CITY OF WOODBURN, acting by and through its elected officials, hereinafter
referred to as "Agency."
RECITALS
1. OR 214, is a part of the state highway system under the jurisdiction and control of
the Oregon Transportation Commission. Settlemier Avenue and Soones Ferry is a
part of the city street system under the jurisdiction and control of Agency.
2. By the authority granted in ORS 190.110, 366.572 and 366.576, State may enter into
cooperative agreements with counties, cities and units of local governments for the
performance of work on certain types of improvement projects with the allocation of
costs on terms and conditions mutually agreeable to the contracting parties.
NOW THEREFORE, the premises being in general as stated in the foregoing RECITALS,
it is agreed by and between the parties hereto as follows:
TERMS OF AGREEMENT
1. Under such authority, State and Agency agree to modify the existing intersection
alignment, and signal, hereinafter referred to as "Project", The location of the Project
is approximately as shown on the sketch map attached hereto, marked "Exhibit A,"
and by this reference made a part hereof.
2. The Project shall be conducted as a part of the Federal-Aid Surface Transportation
Program (STP) under Title 23, United States Code and funded with Highway Safety
Program funds. The total Project cost is estimated at $540,000, which is subject to
change. STP local funds for this Project shall be limited to $228,494. Highway
Safety Program funds shall be limited to $179,820. The Project will be financed with
STP and Highway Safety Program funds at the maximum allowable federal
participating amOl..nt, with Agency providing the match and any non-participating
~Qsts, :iclLding ail costs in excess of the available federal funds. The Highway
r<ey No. 131:)9
42
City of Woodburn/ODOT
Agreement No. 23,291
Safety Program funds shall be used for design, right of way,
construction engineering of the Project.
Page ~ of
, ......
construction and
3. The federal funding for this Project is contingent upon approval by the FHW A. Any
work performed prior to acceptance by FHW A will be considered nonparticipating
and paid for at Agency expense. The Catalog of Federal Domestic Assistance
(CFOA) number for this Project is 20.205.
4. State considers Agency a sub-recipient of the federal funds under this Agreement.
5. The term of this Agreement shall begin on the date all required signatures are
obtained and shall terminate upon completion of the Project and final payment or
ten (10) calendar years following the date all required signatures are obtained,
whichever is sooner.
6. This Agreement may be terminated by mutual written consent of both parties.
7. State may terminate this Agreement effective upon delivery of written notice to
Agency, or at such later date as may be established by State, under any of the
following conditions:
a. If Agency fails to provide services called for by this Agreement within the
time specified herein or any extension thereof.
b. If Agency fails to perform any of the other provisions of this Agreement,
or so fails to pursue the work as to endanger performance of this
Agreement in accordance with its terms, and after receipt of written
notice from State fails to correct such failures within ten (10) days or
such longer period as State may authorize.
c. If Agency fails to provide payment of its share of the cost of the Project.
d. If State fails to receive funding, appropriations, limitations or other
expenditure authority sufficient to allow State, in the exercise of its
reasonable administrative discretion, to continue to make payments for
performance of this Agreement.
e. If federal or state laws, regulations or guidelines are modified or
interpreted in such a way that either the work under this Agreement is
prohibited or if State is prohibited from paying for such work from the
planned funding source.
:3. Any termination of this Agreement shall not prejudice any rights or obligations
accrued to the parties prior to termination.
The Sr:;eca\ and Standard Pro'/isons attached hereto. marked .Attachments 1 and 2,
respectively, are by this reference made a part hereof. The Standard Provisions
apply to a:\ federal-aid projects and may be modified only by the Special Provisions.
2
43
City of Woodburn/ODOT
Agreement No. 23,291
The parties hereto mutually agree to the terms and conditions set forth in
Attachments 1 and 2. In the event of a conflict, this Agreement shall control over
the attachments. and Attachment 1 shall control over Attachment 2.
ATTACHMENT I
Page --2- of ~
1 a.Agency, as a recipient of federal funds, pursuant to this Agreement with the State,
shall assume sole liability for Agency's breach of any federal statutes, rules,
program requirements and grant provisions applicable to the federal funds, and
shall, upon Agency's breach of any such conditions that requires the State to return
funds to the Federal Highway Administration, hold harmless and indemnify the State
for an amount equal to the funds received under this Agreement; or if legal
limitations apply to the indemnification ability of Agency, the indemnification amount
shall be the maximum amount of funds available for expenditure, including any
available contingency funds or other available non-appropriated funds, up to the
amount received under this Agreement.
11. Agency shall enter into and execute this Agreement during a duly authorized
session of its City Council.
12. This Agreement may be executed in several counterparts (facsimile or otherwise) all
of which when taken together shall constitute one agreement binding on all parties,
notwithstanding that all parties are not signatories to the same counterpart. Each
copy of this Agreement so executed shall constitute an original.
13. This Agreement and attached exhibits 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 and all necessary approvals have
been obtained. 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 State to enforce any provision of this Agreement shall not constitute a waiver by
State of that or any other provision.
IN WITNESS WHEREOF, the parties hereto have set their hands as of the day and
year hereinafter written.
This Project is in the 2006-2009 Statewide Transportation Improvement Program, (Key
# 13109) that was approved by the Oregon Transportation Commission on August 17,
2005 or subsequently <Jpproved by amendment to the STIP.
-:'ie Oregon Transportation Commission on June 18, 2003, approved Delegation Order
\10. 2, 'Nhich authorizes the Director to approve and execute agreements for day-to-day
operations. Day-to-day operations include those activities required to implement the
:):ennial budget approved by the Legislature, including activities to execute a project in
':le Statewide Transportation Improvement Program.
Signature Page to Follow
3
44
( ~
,
City of Woodburn/OoOT
Agreement No. 23,291
Page .L of
On November 10, 2004, the Director of the Oregon Department of Transportation
approved Subdelegation Order No.2, in which the Director delegates to the Deputy
Director, Highways the authority to approve and sign agreements over $75,000 when
the work is related to a project included in the Statewide Transportation Improvement
Program.
CITY OF WOODBURN, by and through its STATE OF OREGON. by and through
designated officials its Department of Transportation
By
By
Deputy Director, Highways
Title
Date
Date
By
APPROVAL RECOMMENDED
By
Tech Services Manager/Chief Engineer
Title
Date
Date
APPROVED AS TO LEGAL
SUFFICIENCY
By
City Counsel
By
Region 2 Manager
Date
Date
Agency Contact:
Randy Rohman
City of V'Joodburn
270 Montgomery Street
Woodburn, Oregon 97071
By
Region 2 Planning and Development
Manager
Date
APPROVED AS TO LEGAL
SUFFICIENCY
By
Assistant Attorney General
Date:
4
45
1\
AlTACHMENl II
?age _J- at \.,
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ATTACHMENTl
Page~of I,
Attachments 1 & 2 to the Agreement have not been included in the
Council packet due to their length. The attachments will be
available for review at Public Works or at the Council meeting.
ii,- It, ,S ~ h#i'- /.;( c ;;;CZt- e ~ fz~y M~.--Ir.H{ ~7~
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47
ATTACHMENT NO.1 to Agreement No. 23,291
SPECIAL PROVISIONS
1. Agency or its consultant shall, as a federal-aid participating preliminary engineering
function, conduct the necessary field surveys, environmental studies, traffic
investigations, foundation explorations, and hydraulic studies, identify and obtain all
required permits, assist State with acquisition of necessary right of way and/or
easements, and perform all preliminary engineering and design work required to produce
final plans, preliminary/final specifications and cost estimates.
2. Upon State's award of the construction contract, Agency, or its consultant, shall be
responsible to perform all construction engineering, field testing of materials, technical
inspection and project manager services for administration of the contract.
3. In the event that Agency elects to engage the services of a personal services consultant
to perform any work covered under this Agreement, Agency and Consultant shall enter
into a Personal Services Contract approved by State's Office of Procurement Manager or
designee (Salem). Said contract must be reviewed and approved by the Office of
Procurement Manager or designee prior to beginning any work. This review includes, but
is not limited to the Request for Proposal, Statement of Work, advertisement and all
contract documents. This review and approval is required to ensure federal
reimbursement.
4. State may make available Region 2's On-Call Preliminary Engineering (PE), Design and
Construction Engineering Services consultant for Local Agency Projects upon written
request. If Agency chooses to use said services, they agree to manage the work
performed by the consultant and make funds available to the State for payment of those
services. All eligible work shall be a federally participating cost and included as part of
the total cost of the Project.
5. Agency shall, at its own expense, maintain and operate the Project upon completion at a
minimum level that is consistent with normal depreciation and/or service demand.
6. Maintenance and power responsibilities shall survive any termination of this Agreement.
ATTACHMENT NO.2
STANDARD PROVISIONS
JOINT OBLIGATIONS
PROJECT ADMINISTRATION
1. State (ODOT) is acting to fulfill its responsibility to the Federal Highway Administration
(FHWA) by the administration of this Project, and Agency (Le. county, city, unit of local
government, or other state agency) hereby agrees that State shall have full authority to carry
out this administration. If requested by Agency or if deemed necessary by State in order to
meet its obligations to FHWA, State will further act for Agency in other matters pertaining to
the Project. Agency shall, if necessary, appoint and direct the activities of a Citizen's
Advisory Committee and/or Technical Advisory Committee, conduct a hearing and
recommend the preferred alternative. State and Agency shall each assign a liaison person
to coordinate activities and assure that the interests of both parties are considered during all
phases of the Project.
2 Any project that uses federal funds in project development is subject to plans, specifications
and estimates (PS&E) review and approval by FHWA or State acting on behalf of FHWA
prior to advertisement for bid proposals, regardless of the source of funding for construction.
PRELIMINARY & CONSTRUCTION ENGINEERING
3. State, Agency, or others may perform preliminary and construction engineering. If Agency
or others perform the engineering, State will monitor the work for conformance with FHWA
rules and regulations. In the event that Agency elects to engage the services of a personal
services consultant to perform any work covered by this Agreement, Agency and Consultant
shall enter into a State reviewed and approved personal services contract process and
resulting contract document. State must concur in the contract prior to beginning any work.
State's personal services contracting process and resulting contract document will follow
Title 23 Code of Federal ReQulations (CFR) 172, Title 49 CFR 18, ORS 279A.055, the
current State Administrative Rules and State Personal Services Contracting Procedures as
approved by the FHWA. Such personal services contract(s) shall contain a description of
the work to be performed, a project schedule, and the method of payment. Subcontracts
shall contain all required provisions of Agency as outlined in the Agreement. No
reimbursement shall be made using federal-aid funds for any costs incurred by Agency or its
consultant prior to receiving authorization from State to proceed. Any amendments to such
contract(s) also require State's approval.
4. On all construction projects where State is the signatory party to the contract, and where
Agency is doing the construction engineering and project management, Agency, subject to
any limitations imposed by state law and the Oregon Constitution, agrees to accept all
responsibility, defend lawsuits, indemnify and hold State harmless, for all tort claims,
contract claims, or any other lawsuit arising out of the contractor's work or Agency's
supervision of the project.
STDPRO-2006.duc
Rev. 7-3-2006
REQUIRED STATEMENT FOR UNITED STATES DEPARTMENT OF
TRANSPORTATION (US DOT) FINANCIAL ASSISTANCE AGREEMENT
5. If as a condition of assistance, Agency has submitted and the United States Department of
Transportation (US DOT) has approved a Disadvantaged Business Enterprise Affirmative
Action Program which Agency agrees to carry out, this affirmative action program is
incorporated into the financial assistance agreement by reference. That program shall be
treated as a legal obligation and failure to carry out its terms shall be treated as a violation of
the financial assistance agreement. Upon notification from USDOT to Agency of its failure
to carry out the approved program, USDOT shall impose such sanctions as noted in Title
49, CFR. Part 26, which sanctions may include termination of the agreement or other
measures that may affect the ability of Agency to obtain future USDOT financial assistance.
6 Disadvantaged Business Enterprises (DBE) Obligations. State and its contractor agree
to ensure that DBE as defined in Title 49, CFR. Part 26, have the opportunity to participate
in the performance of contracts and subcontracts financed in whole or in part with federal
funds. In this regard, Agency shall take all necessary and reasonable steps in
accordance with Title 49, CFR. Part 26, to ensure that DBE have the opportunity to
compete for and perform contracts. Neither State nor Agency and its contractors shall
discriminate on the basis of race, color, national origin or sex in the award and performance
of federally-assisted contracts. Agency shall carry out applicable requirements of Title 49,
CFR. Part 26, in the award and administration of such contracts. Failure by Agency to carry
out these requirements is a material breach of this Agreement, which may result in the
termination of this contract or such other remedy as State deems appropriate.
7. The DBE Policy Statement and Obligations shall be included in all subcontracts entered
into under this Agreement.
8. Agency agrees to comply with all applicable civil rights laws, rules and regulations,
including Title V and Section 504 of the Rehabilitation Act of 1973, the Americans with
Disabilities Act of 1990 (ADA), and Titles VI and VII ot the Civil Rights Act at 1964.
9. The parties hereto agree and understand that they will comply with all applicable federal,
state, and local laws, regulations, executive orders and ordinances applicable to the work
including, but not limited to, the provisions of ORS 279C.505, 279C.515, 279C.520,
279G.530 and 279B270, incorporated herein by reference and made a part hereof: Title 23
CFR Parts 1.11. 140, 710. and 771: Title 49 CFR Parts 18, 24 and 26: OMS CIRCULAR
NO. A-87 and NO. A-133 Title 23, USC. Federal-Aid Hiqhway Act: Title 41. Chapter 1, USC
51-58, Anti-Kickback Act: Title 42 USC; Uniform Relocation Assistance and Real Property
Acquisition Policy Act of 1970, as amended and provisions of Federal-Aid Policy Guide
(FAPG).
STATE OBLIGATIONS
PROJECT FUNDING REQUEST
10. State shall submit a Project funding request to FHWA with a request for approval of federal-
aid participation in all engineering, right-at-way acquisition, eligible utility relocations and/or
construction work tor the Project. No work shall proceed on any activity in which
federal-aid participation is desired until such approval has been obtained. The
program shall include services to be provided by State, Agency. or others. State shall notify
-:; IDPRO-2006.dl)C
Rev. 7-3-2006
2
Agency in writing when authorization to proceed has been received from FHWA. Major
responsibility for the various phases of the Project will be as outlined in the Special
Provisions. All work and records of such work shall be in conformance with FHWA rules
and regulations.
FINANCE
11. State shall, in the first instance, pay all reimbursable costs of the Project, submit all claims
for federal-aid participation to FHWA in the normal manner and .compile accurate cost
accounting records. Agency may request a statement of costs to date at any time by
submitting a written request. When the actual total cost of the Project has been computed,
State shall furnish Agency with an itemized statement of final costs. Agency shall pay an
amount which, when added to said advance deposit and federal reimbursement payment.
will equal 100 percent of the final total actual cost. Any portion of deposits made in excess
of the final total costs of Project, minus federal reimbursement, shall be released to Agency.
The actual cost of services provided by State will be charged to the Project expenditure
account(s) and will be included in the total cost of the Project.
PROJECT ACTIVITIES
12. State shall, if the preliminary engineering work is performed by Agency or others, review and
process or approve all environmental statements, preliminary and final plans, specifications
and cost estimates. State shall, if they prepare these documents, offer Agency the
opportunity to review and approve the documents prior to advertising for bids.
13. The party responsible for performing preliminary engineering for the Project shall, as part of
its preliminary engineering costs, obtain all Project related permits necessary for the
construction of said Project. Said permits shall include, but are not limited to, access, utility,
environmental, construction, and approach permits. All pre-construction permits will be
obtained prior to advertisement for construction.
14. State shall prepare contract and bidding documents, advertise for bid proposals, and award
all contracts.
15. Upon State's award of a construction contract, State shall perform independent assurance
testing in accordance with State and FHWA Standards, process and pay all contractor
progress estimates, check final quantities and costs, and oversee and provide intermittent
inspection services during the construction phase of the Project.
16. State shall, as a Project expense, assign a liaison person to provide Project monitoring as
needed throughout all phases of Project activities (preliminary engineering, right-of-way
acquisition, and construction). The liaison shall process reimbursement for federal
participation costs.
RIGHT OF WAY
17. State is responsible for proper acquisition of the necessary right-of-way and easements for
construction and maintenance of the Project. Agency may perform acquisition of the
necessary right of way and easements for construction and maintenance of the Project,
provided Agency (or Agency's consultant) are qualified to do such work as required by the
State's Right of Way Manual and have obtained prior approval from State's Region Right of
Way office to do such work.
STDPRO-2006.doc
Rev. 7-3-2006
3
18. Regardless of who acquires or performs any of the right of way activities, a right of way
services agreement shall be created by State's Region Right of Way office setting forth the
responsibilities and activities to be accomplished by each party. State shall always be
responsible for requesting project funding, coordinating certification of the right of way, and
providing oversight and monitoring. Funding authorization requests for federal right of way
funds must be sent through the State's Region Right of Way offices on all projects. All
projects must have right of way certification coordinated through State's Region Right of
Way offices (even for projects where no federal funds were used for right of way, but federal
funds were used elsewhere on the Project). Agency should contact the State's Region
Right of Way office for additional information or clarification.
19. State shall review all right of way activities engaged in by Agency to assure compliance with
applicable laws and regulations. Agency agrees that right of way activities shall be in
accord with the Uniform Relocation Assistance & Real Property Acquisition Policies Act of
1970, as amended, ORS Chapter 35, FHWA Federal-Aid Policy Guide, State's Right of Way
Manual and the Code of Federal Regulations, Title 23, Part 710 and Title 49, Part 24.
20. If any real property purchased with federal-aid participation is no longer needed for the
originally authorized purpose, the disposition of such property shall be subject to applicable
rules and regulations, which are in effect at the time of disposition. Reimbursement to State
and FHWA of the required proportionate shares of the fair market value may be required.
21. Agency insures that all Project right of way monumentation will be conducted in
conformance with ORS 209.155.
22. State and Agency grants each other authority to enter onto the other's right of way for the
performance of the Project.
AGENCY OBLIGATIONS
FINANCE
23. Federal funds shall be applied toward Project costs at the current federal-aid matching ratio,
unless otherwise agreed and allowable by law. Agency shall be responsible for the entire
match amount, unless otherwise agreed to and specified in the intergovernmental
agreement. If federal funds are used, Agency will specify the Catalog of Federal Domestic
Assistance (CFDA) number in the Agreement. Agency will also determine and clearly state
in the Agreement if recipient is a subrecipient or vendor, using criteria in Circular A-133.
24. Agency's estimated share and advance deposit.
A. Agency shall, prior to commencement of the preliminary engineering and/or right of way
acquisition phases, deposit with State its estimated share of each phase. Exception may
be made in the case of projects where Agency has written approval from State to use
in-kind contributions rather than cash to satisfy all or part of the matching funds
requirement.
B. Agency's construction phase deposit shall be 110 percent of Agency's share of the
engineer's estimate and shall be received prior to award of the construction contract.
Any additional balance of the deposit, based on the actual bid must be received within
45 days of receipt of written notification by State of the final amount due, unless the
" lDPRO-2006.doc
Rev. 7-3-2006
4
contract is canceled. Any unnecessary balance of a cash deposit, based on the actual
bid, will be refunded within 45 days of receipt by State of the Project sponsor's written
request.
C. Pursuant to ORS 366.425, the advance deposit may be in the form of 1) money
deposited in the State Treasury (an option where a deposit is made in the Local
Government Investment Pool, and an Irrevocable Limited Power of Attorney is sent to
the Highway Finance Office), or 2) an Irrevocable Letter of Credit issued by a local bank
in the name of State, or 3) cash.
D. Agency may satisfy all or part of any matching funds requirements by use of in-kind
contributions rather than cash when prior written approval has been given by State.
25. If the estimated cost exceeds the total matched federal funds available, Agency shall
deposit its share of the required matching funds, plus 100 percent of all costs in excess of
the total matched federal funds. Agency shall also pay 100 percent of the cost of any item
in which FHWA will not participate. If Agency has not repaid any non-participating cost,
future allocations of federal funds, or allocations of State Highway Trust Funds, to that
Agency may be withheld to pay the non-participating costs. If State approves processes,
procedures, or contract administration outside the Local Agency Guidelines that result in
items being declared non-participating, those items will not result in the withholding of
Agency's future allocations of federal funds or the future allocations of State Highway Trust
Funds.
26. Costs incurred by State and Agency for services performed in connection with any phase of
the Project shall be charged to the Project, unless otherwise mutually agreed upon.
27. If Agency makes a written request for the cancellation of a federal-aid project; Agency shall
bear 100 percent of all costs as of the date of cancellation. If State was the sole cause of
the cancellation, State shall bear 100 percent of all costs incurred. If it is determined that
the cancellation was caused by third parties or circumstances beyond the control of State or
Agency, Agency shall bear all development costs, whether incurred by State or Agency,
either directly or through contract services, and State shall bear any State administrative
costs incurred. After settlement of payments, State shall deliver surveys, maps, field notes,
and all other data to Agency.
28. Agency shall follow requirements of the Single Audit Act. The requirements stated in the
Single Audit Act must be followed by those local governments and non-profit organizations
receiving $500,000 or more in federal funds. The Single Audit Act of 1984, PL 98-502 as
amended by PL 104-156, described in "OMS CIRCULAR NO. A-133", requires local
governments and non-profit organizations to obtain an audit that includes internal controls
and compliance with federal laws and regulations of all federally-funded programs in which
the local agency participates. The cost of this audit can be partially prorated to the federal
program.
29 Agency shall make additional deposits, as needed, upon request from State. Requests for
additional deposits shall be accompanied by an itemized statement of expenditures and an
estimated cost to complete the Project.
30. Agency shall present invoices for 100 percent of actual costs incurred by Agency on behalf
of the Project directly to State's Liaison Person for review and approval. Such invoices shall
identify the Project and Agreement number, and shall itemize and explain all expenses for
~ TDPRO-2006.doc
Rev. 7-3-2006
5
which reimbursement is claimed. Billings shall be presented for periods of not less than
one-month duration, based on actual expenses to date. All billings received from Agency
must be approved by State's Liaison Person prior to payment. Agency's actual costs
eligible for federal-aid or State participation shall be those allowable under the provisions of
Title 23 CFR Parts ill, 140 and 710, Final billings shall be submitted to State for
processing within three months from the end of each funding phase as follows: 1) award
date of a construction contract for preliminary engineering 2) last payment for right-of-way
acquisition and 3) third notification for construction. Partial billing (progress payment) shall
be submitted to State within three months from date that costs are incurred. Final billings
submitted after the three months shall not be eligible for reimbursement.
31. The cost records and accounts pertaining to work covered by this Agreement are to be kept
available for inspection by representatives of State and FHWA for a period of three (3) years
following the date of final voucher to FHWA. Copies of such records and accounts shall be
made available upon request. For real property and equipment, the retention period starts
from the date of disposition (Title 49 CFR 18.42).
32. State shall request reimbursement, and Agency agrees to reimburse State, for federal-aid
funds distributed to Agency if any of the following events occur:
a) Right-of-way acquisition or actual construction of the facility for which
preliminary engineering is undertaken is not started by the close of the tenth
fiscal year following the fiscal year in which the federal-aid funds were
authorized;
b) Right-of-way acquisition is undertaken utilizing federal-aid funds and actual
construction is not started by the close of the twentieth fiscal year following
the fiscal year in which the federal-aid funds were authorized for right-of-way
acquisition.
c) Construction proceeds after the Project is determined to be ineligible for
federal-aid funding (e.g., no environmental approval, lacking permits, or other
reasons).
33. Agency shall maintain all Project documentation in keeping with State and FHWA standards
and specifications. This shall include, but is not limited to, daily work records, quantity
documentation, material invoices and quality documentation, certificates of origin, process
control records, test results, and inspection records to ensure that projects are completed in
conformance with approved plans and specifications.
RAILROADS
34. Agency shall follow State established policy and procedures when impacts occur on railroad
property. The policy and procedures are available through State's appropriate Region
contact or State's Railroad Liaison. Only those costs allowable under Title 23 CFR Part
646. subpart B and Title 23 CFR Part 140, subpart I, shall be included in the total Project
costs; all other costs associated with railroad work will be at the sole expense of Agency, or
others. Agency may request State, in writing, to provide railroad coordination and
negotiations. However, State is under no obligation to agree to perform said duties.
S T DPRO-2006.doc
Rev. 7-3-2006
6
UTILITIES
35. Agency shall cause to be relocated or reconstructed, all privately or publicly-owned utility
conduits, lines, poles, mains, pipes, and all other such facilities of every kind and nature
where such relocation or reconstruction is made necessary by the plans of the Project in
order to conform the utilities and other facilities with the plans and the ultimate requirements
of the Project. Only those utility relocations, which are eligible for federal-aid participation
under, Title 23 CFR 645A, shall be included in the total Project costs; all other utility
relocations shall be at the sole expense of Agency, or others. State will arrange for utility
relocations/adjustments in areas lying within jurisdiction of State, if State is performing the
preliminary engineering. Agency may request State in writing to arrange for utility
relocations/adjustments lying within Agency jurisdiction, acting on behalf of Agency. This
request must be submitted no later than 21 weeks prior to bid let date. However, State is
under no obligation to agree to perform said duties.
36. Agency shall follow established State utility relocation policy and procedures. The policy and
procedures are available through the appropriate State's Region Utility Specialist or State's
Right of Way Section Railroad Liaison, and Utility Engineer.
STANDARDS
37. Agency agrees that design standards for all projects on the National Highway System (NHS)
and the Oregon State Highway System shall be in compliance to standards specified in the
current "State Hiqhwav Desiqn Manual" and related references. Construction plans shall be
in conformance with standard practices of State for plans prepared by its own staff. All
specifications for the Project shall be in substantial compliance with the most current
"Oreqon Standard Specifications for Hiqhway Construction".
38. Agency agrees that minimum design standards for non-NHS projects shall be recommended
AASHTO Standards and in accordance with the current "OreQon Bicycle and Pedestrian
Plan", unless otherwise requested by Agency and approved by State.
39. Agency agrees and will verify that the installation of traffic control devices shall meet the
warrants prescribed in the "Manual on Uniform Traffic Control Devices and Oregon
Supplements" .
40. All plans and specifications shall be developed in general conformance with the current
"Contract Plans Development Guide" and the current "Oreqon Standard Specifications for
Hiqhway Construction" and/or guidelines provided.
41. The standard unit of measurement for all aspects of the Project may be either System
International (81) Units (metric), or English Units. However, all Project documents and
products shall be in one or the other unit of measurement. This includes, but is not limited
to, right-of-way, environmental documents, plans and specifications, and utilities. It should
be recognized that the State is currently transitioning to English, and will be completely
English by 2006.
GRADE CHANGE LIABILITY
42. Agency, if a County, acknowledges the effect and scope of ORS 105.755 and agrees that all
acts necessary to complete construction of the Project which may alter or change the grade
of existing county roads are being accomplished at the direct request of the County.
STDPRO-2006.doc
Rev. 7-3-2006
7
43. Agency, if a City, hereby accepts responsibility for all claims for damages from grade
changes. Approval of plans by State shall not subject State to liability under ORS 105.760 for
change of grade.
44. Agency, if a City, by execution of Agreement, gives its consent as required by ORS
373.030(2) to any and all changes of grade within the City limits, and gives its consent as
required by ORS 373.050(1) to any and all closure of streets intersecting the highway, if any
there be in connection with or arising out of the project covered by the Agreement.
CONTRACTOR CLAIMS
45. Agency shall, to the extent permitted by state law, indemnify, hold harmless and provide
legal defense for State against all claims brought by the contractor, or others resulting from
Agency's failure to comply with the terms of this Agreement.
46. Notwithstanding the foregoing defense obligations under paragraph 45, neither Agency nor
any attorney engaged by Agency shall defend any claim in the name of the State of Oregon
or any agency of the State of Oregon, nor purport to act as legal representative of the State
of Oregon or any of its agencies, without the prior written consent of the Oregon Attorney
General. The State of Oregon may, at anytime at its election assume its own defense and
settlement in the event that it determines that Agency is prohibited from defending the State
of Oregon, or that Agency is not adequately defending the State of Oregon's interests, or
that an important governmental principle is at issue or that it is in the best interests of the
State of Oregon to do so. The State of Oregon reserves all rights to pursue any claims it
may have against Agency if the State of Oregon elects to assume its own defense.
MAINTENANCE RESPONSIBILITIES
47. Agency shall, upon completion of construction, thereafter maintain and operate the Project
at its own cost and expense, and in a manner satisfactory to State and FHWA.
WORKERS' COMPENSATION COVERAGE
48. All employers, including Agency that employ subject workers who work under this
Agreement in the State of Oregon shall comply with ORS 656.017 and provide the required
Workers' Compensation coverage unless such employers are exempt under ORS 656.126.
Agency shall ensure that each of its contractors complies with these requirements.
LOBBYING RESTRICTIONS
49. Agency certifies by signing the Agreement that:
A. No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding of
any federal contract, the making of any federal grant, the making of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment. or modification of any federal contract, grant, loan, or cooperative
agreement.
B. If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any federal
S IDPRO-2006dlh:
Rev. 7-3-2006
8
agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with this federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbvinq," in accordance with its instructions.
C. The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subgrants, and contracts and
subcontracts under grants, subgrants, loans, and cooperative agreements) which
exceed $100,000, and that all such subrecipients shall certify and disclose accordingly.
D. This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Title 31, use Section
1352.
E. Any person who fails to file the required certification shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each such failure.
Paragraphs 35, 36, and 47 are not applicable to any local agency on state highway projects.
~ TDPRO-2006.doc
Rev. 7-3-2006
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WOODBURN
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August 13, 2007
SUBJECT:
Honorable Mayor and City Council through City Administrator
G. S. Tiwari. Public Works Director ~ /1 l ";?G
Randy Rohman. Public Works Program Managerq ~( /
Transit Operating Grant Agreement
TO:
VIA:
FROM:
RECOMMENDATION: Approve the attached resolution entering into ODOT
Grant Agreement No. 24412 with the State of Oregon to receive $17,600 in
public transportation operating assistance funding and authorizing the City
Administrator to sign the agreement on behalf of the city.
BACKGROUND: The City applied for a Special Transportation Grant to the
ODOT public transit division in January 2007. The grant request was to provide
continued funding for a previous grant that allowed additional operational
funding to provide an additional Dial-A-Ride vehicle during peak times to
provide additional rides and better service to the elderly and disabled residents.
ODOT allowed an inflation factor to be applied to applications for continuing
grants and the City increased request from the $15,000 that was received in
fiscal years 2005-2007 to $17,600 for the biennial grant program. In June 2007
the City was notified that its application had been selected for funding. This
grant is for a two fiscal year period and the grant of $17,600 will provide $8,800
each year for the next two fiscal years.
DISCUSSION: This agreement provides for $17,600 ($8,800 each year for the
next two fiscal years) in assistance for providing elderly and disabled public
transportation service. The city attorney has reviewed the agreement. Staff
recommends that the resolution be approved authorizing City Administrator to
sign the agreement on behalf of the city.
FINANCIAL IMPACT: This public transportation operating assistance funding IS
budgeted revenue in the approved 2007-2008 budget.
_.._---~---_._~-- -------~_. ; . ::,.---,
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City Attorney JL~C-)
Fin(Jnc~
48
COUNCIL BILL NO.
RESOLUTION NO.
A RESOLUTION ENTERING INTO GRANT AGREEMENT NO. 24412 WITH THE STATE
OF OREGON AND AUTHORIZING THE CITY ADMINISTRATOR TO SIGN SUCH
AGREEMENT.
WHEREAS, the State of Oregon acting through the Oregon Transportation
Commission is authorized to enter into agreements and disburse funds for the purpose of
supporting public transportation pursuant to ORS 184.670 to 184.733. and
WHEREAS, the City of Woodburn applied for public transportation operating
assistance funds under the Special Transportation Grant Program for the elderly and
disabled administered by the State of Oregon, Department of Transportation, and
WHEREAS, the State of Oregon, Department of Transportation, has been
designated to coordinate grant applications, select recipients of assistance and to
administer the disbursement of Special Transportation Grant Program funding for the
elderly and disabled, and
WHEREAS, the State of Oregon, Department of Transportation, has approved
$17,600 in operating expenses for the City of Woodburn to be used in support of public
transportation for the elderly and disabled, NOW THEREFORE;
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn enter into Grant Agreement No. 24412,
which is affixed as Attachment "A" and by this reference incorporated herein, with the State
of Oregon acting by and through its Department of Transportation to secure federal funds
for the purpose of supporting public transportation for the elderly and disabled.
Section 2. That the City Administrator of the City of Woodburn is authorized to sign
said agreement on behalf of the City.
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49
["/) /'1 \'-/1;'/ ~
Approved as to form: /;' , " \!.' 1.<-_)
City Attorney
(I 'l/VJ 1-
Date
APPROVED:
Kathryn Figley, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant, Recorder
City of Woodburn, Oregon
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50
ATTACHMENT "A"
Due to the length of the attachment, it has
not been included in the Council packet.
The attachment will be available for review
at Public Works or at the Council meeting.
,.~' r J/ fCi yn ( (;;y
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f)f/r~M ~/^-f
51
Misc. Contracts and Agreements
Agreement No. 24412
Rural and Small Urban Areas (5311) Operations
PUBLIC TRANSIT DIVISION
OREGON DEPARTMENT OF TRANSPORTATION
~TATE GRANT AGREEivlENT NO. 24412
THIS AGREE:\lEi\T is made and entered into by and between THE STATE OF OREGON,
acting by and through its Department of Transportation, hereinafter referred to as "State"; and
City of \Voodhurn hereinafter referred to as "Recipient". Recipient enters into this Agreement
with State to secure tinancial assistance to complete the activities described in Exhibit A,
hereinatter referred to as the "Project", attached hereto and by this reference made a part hereof.
RECITALS
]. By the authority granted in Oregon Revised Statutes (ORS) 190.110 and 283.110, state
agencies may enter into agreements with units of local government or other state agencies for
the performance of any or all functions and activities that a party to the agreement, its
officers, or agents have the authority to perfonn. The State of Oregon acting through the
Oregon Transportation Commission is authorized to enter into agreements and disburse funds
for the purpose ufsupporting public transportation pursuant to ORS 184.670 to 184.733.
-,
This Agreement is based upon, and is subject to, ORS, Oregon Administrative Rules (OAR),
and Federal Transit Administration (FT A) regulations such as those contained in ORS
323.455, ORS 391.800 through 391.830 and FTA Circular 9040.1F including all associated
references and citations. From time to time these laws, rules and regulations may be
<lmended; and State reserves the right to amend this Agreement if it is affected. State will
provide thirty days notice of impending changes and will prepare a supplemental agreement
incorporating the changes to be executed by the parties.
~O\V THEREFORE, the premises being in general as statt:d in the foregoing recitals, it is
agn.:ed by and between the parties hereto as follows:
TERMS OF AGREEME~T
1. Estimated hlt<ll Project cost is $35,2tltl.tlO. \:1aximum allowable reimbursement shall be
cithcr 50'% uf eligible costs as detined by Exhibit A: Project Description and Budget, or
S 17,600.00, \\hlChcH.'r is less.
-,
[his Agreement shall hegin on July 1,2007 and shall expire, unless otherwise tenninated, on
.J une 30. 2009.
;. '{'IlL' fulln\\ ing dUCLln1cnts~ .\grccnlcnt OhligatiollS and General Provisions, Exhibit ~.\:
Pro.iect Description and Budget and Exhihit B: Financial Information, are attached
heretll ~ll1d hI. thIS rderellL'c made ~l part u1' this .\greement. Thc fnllowing document is
111(\lrpllrclkd hI. rd'crcl1(c: Fiscal Year 2007 ,\nnual List of Certifications and Assurances
for FT.\ Crants and Coopcrathe Agreements. Thcsc certifications and assuranccs are
llSed 111 c"I1I1,-ctlt III \\ ith ~tllledL'ral as"istal1ce programs administered by FTA during Federal
Pagelof13
Misc. Contracts and Agreements
Agreement No. 24412
Rural and Small Urban Areas (5311) Operations
Fiscal Year 2()()7. These certitications and assurances include all annual certifications
required by 49 U .S.c. ~ 5311 Rural and Small Urban Areas program. The FT A Master
Agreement is incorporated by reference and made part of this Agreement. Said Master
Agrel:ment is available upon request from State by calling (503) 986-330U or accessing the
FTA wchsite: \\\Vw.lhulot.uov.
_...u___~
SIGNATURE PAGE TO FOLLOW
Page 2 of 13
Misc. Contracts and Agreements
Agreement No. 24412
Rural and Small Urban Areas (5311) Operations
IN WITNESS WHEREOF, the partks have set their hands as of the day and year hereinafter
written.
The Oregon Transportation Commission on June 18, 2003, approved Delegation Order No.2,
\vhich authorizes the Director to approve and execute al:,'Tecments for day-to-day operations when
the \York is related to a project included in the Statewide Transportation Improvement Program
ur a line itt:m in the biennial budget approved by the Commission.
On iYlarch l~, 2004 the Director approved Subdelegation Order No. 14, which delegates the
authority to conduct the following day-to-day operations to the Public Transit Division
:\dministmtor:
Execute Oregon Transportation Cummission intergovernmental agreements and grants
for special payments to local governments and other non-profit units and operators of
public transportation sen'ices for disbursement of state and federal fimds for public
transit programs. The Division Manager will maintain a listing of all intergovernmental
agreements and grants and submit a quarterly report to the OTC
City of Woodburn
270 Montgomery Street
Woodburn OR 97071
Oregon Department of Transportation
Public Transit Division
555 13th St. NE, Suite 3
Salem, Oregon 97301-4179
Signature (Legally designated representative)
Michael R. Ward
John Brown
~---
Name (Printed or typed)
City Admin is~ra:tor __~_______
Title Date
Administrator
Title
Date
Recipient's Legal Counsel Date
(If required in local process only)
-
:\ LIme (Printed ur typcJ)
Title
Datc
Page J llf l_~
Misc. Contracts and Agreements
Agreement No. 24412
Rural and Small Urban Areas (5311) Operations
A1!rcemcnt Ohlil!ations and General Provisions
l. RECIPIENT OBLIGATIONS
A. General Rcquiremcnts
I. Recipient shall conduct activities in accordance with Exhibit A, Project Description
and Budget. Recipient shall notify State in writing of changes in the Project prior to
perfonning any changes and will not perform any changes to the Project listed in
Fxhihit A without specitie written approval from State.
..,
Recipient shall makc purchases of any equipment, materials, or services pursuant to
this Agreement under procedures consistent with OAR Chapter 125 for the Oregon
Department of Administrative Services and ORS and in conformance to FT A Circular
...\.220.1 E, Third Party Contracting Requirements, ensuring that:
a. all applicable clauses required by Federal Statute, executive orders and their
implementing regulations are included in each competitive procurement;
h. all procurement transactions are conducted in a manner providing full and open
competition;
c. procurements exclude the use of statutorily or administratively imposed in-state or
geographic preference in the evaluation of bids or proposals (with exception of
locally controlled licensing requirements);
O. architectural and engineering procurements are based on Brooks Act procedures
unless the State of Oregon has adopted a statute that governs such procurements.
Recipient is responsible to obtain State approval of the procurement process prior to
solicitation, which approval shall not be unreasonably held. Best Practices
Procurement Afanual, a technical assistance prepared by the FT A, is available on the
FTA website: http://www.fta.dot.gov.
) ReCipient agrees to comply with all federal, state and local laws, regulations,
executive uroers ano oroinances applicable to the work under this Agreement,
including, \\'itllllut limitation, the provisions of ORS 2798.220, 2798.225, 279B.230,
2798.235 and 2798.270, which hereby are incorporated by reference. Without
limiting the generality of the foregoing, Recipient expressly agrees to comply with (i)
Title \'1 of Civil Rights Act uf 1964: (ii) Title V and Section 504 ufthe Rehabilitation
Act of ]lJ73: liii) the Americans \vith Disabilities Act of 1990 and ORS 6591\.142;
(i\) all regulations and administratiw rules established pursuant to the foregoing
1.1\\ c;: and (vI all other applicahle reLjuirements of fcoeral ano state civil rights and
rehabi I i tati\ 1n statutes, rules and regubtions.
..t. !\",,'clplent ~hallmaintain all reLJuired records for at least three years after State's tined
pa~ ment.
~. \'01 !l'CL'i\ e reil1lbur~el11cl1t .IS des.....ribed in Section II \)f this Agreement. Recipient
shall submit quarterly progress reports, unless an alternative repurting scheoule is
Page 4 of 13
Misc. Contracts and Agreements
Agreement No. 24412
Rural and Small Urban Areas (5311) Operations
mutually agreed upon by Recipient and State. State resenes the right to request such
additional information as may be necessary to comply with federal or state reporting
requirements.
The repoliing periods are based on the state tiscal year. Quarter 1 is July through
September, Quarter 2 is October through December. Quarter 3 is January through
March, Quarter 4 is April through June. Reports are due to State, Public Transit
Division, 555 13th St. NE Suite 3, Salem OR 97301 no later than 45 clays after the last
day of the quarter.
6. Recipient shall defend, save ancl hold harmless the State of Oregon, including the
Oregon Tr~msportation Commission, State, and their members, officers, agents, and
employees from all claims, suits, actions of whatsoever nature resulting from or
arising out of the activities of Recipient or its subcontractors, agents or employees
under this Agreement. Recipient shall not be requirecl to indemnify State for any such
liability arising out of negligent acts or omissions of the State of Oregon, its
employees, or representatives. This provision is subject to the limitations, if
applicable, set forth in Article XI, Section 10 of the Oregon Constitution and in the
Oregon Tort Claims Act. ORS 30.260 to 30.300.
7. Notwithstanding the foregoing defense obligations uncler the paragraph above, neither
Recipient nor any attorney engaged by Recipient shall defend any claim in the name
of the State of Oregon or any agency of the State of Oregon, nor purport to act as
legal representative of the State of Oregon or any of its agencies, without the prior
written consent of the Oregon Attorney General. The State of Oregon may, at anytime
at its election assume its own defense and settlement in the event that it cletennines
that Recipient is prohibited from defending the State uf Oregon, or that Recipient is
not adequately defending the State of Oregon's interests, or that an important
government principle is at issue or that it is in the best interests of the State of Oregon
to clo so. The State of Oregon reserves all rights to pursue any claims it may have
Clgainst Recipient if the State of Oregon elects to assume its own defense.
~. Recipient shall perform the services under this Agreement as an independent
cuntractor and shall be exclusively responsible for all costs and expenses related to its
employment of individuals to pcrfonn the work under this Agreement, including but
nut limited to retin:ment contributions, workers' compensation, unemployment taxes
and state and federal income tax withholdings.
l), All employers. incluJing Recipient, that employ subject workers who uncler this
Agreement in the State ~)f Oregon shall comply with ORS 656.017 and prn\'ide the
reljuircd \Vllrkcrs' Cllmpensation coverage unless such employers are exempt under
ORS 656.126. Recipient shall ensure that each of its subcontractors complies with
these requirements.
Ill. RCl'lpicnt acknowkdges and agrees that the Fl'deral UU\ emment. absent expresC'>
\\ ritten cunsent hy the Federal (;0\ ernment. is not a part) to this Agreement and shall
not he C'>uhJect to am ohligations nr liabilities to the Recipient. contractor or any other
Page 5 of 13
Misc. Contracts and Agreements
Agreement No. 24412
Rural and Small Urban Areas (5311) Operations
party (vI'hdhcr or not a party to the Agreement) pertaining to any matter resulting
from the underlying Ab'Tecment.
II. Recipient" S ot1icers, employees or agents shall neither solicit nor accept gratUitIes,
favors or anything of monetary value from contractors, potential contractors or parties
to subagrcements. No member or delegate to the COnb'TeSS of the United States or
State of Oregon employee shall be admitted to any share or part of this Agreement or
any bendit arising therefrom.
12. In accepting this Agreement, Recipient certifies that neither Recipient nor its
principals is presently debarred, suspended, or voluntarily excluded from this
federally-assisted transaction, or proposed for debarment, declared ineligible or
voluntarily excluded from participating in the Agreement by any state or federal
agency. Recipient must provide notice to State if at any time it learns that this
certification is erroneous when submitted or if circumstances have changed (new
personnel, indictments, convictions, etc.).
13. Any recipient of grant funds, pursuant to this Agreement with State, shall assume sole
liability for that Recipient's breach of the conditions of this Agreement, and shall,
upon Recipient's breach of conditions that requires State to return funds to the FTA,
hold harmless and indemnify State for an amount equal to the funds received under
this Agreement; or if legal limitations apply to the indemnification ability of the
recipient of grant funds, the indemnification amount shall be the maximum amount of
funds available non-appropriated funds, up to the amount received under this
Agreement.
B. Audit Requirements
1. Recipients receiving Federal funds in excess of $500,000 are subject to audit
conducted in accordance with Office of Management and Budget (OMB) Circular A-
133, Audits of States, Local Governments, And Non-profit Institutions. Recipient, if
affected by this requirement shall at Recipient's own expense, suhmit to State, Public
Transit Division, 555 13th St. NE, Suite 3, Salem, OR 97301-4179, a copy of the A-
I ~3 annual audit covering the funds expended under this Agreement and shall submit
or cause to he submitted. the annual audit of any subcontractor of Recipient
responsihle f()r the tinancial management of funds received under this Agreement.
')
Rt:clpients receiving less tban S500,OOO in Federal funds shall, at Recipient's O\\/n
expenst:. submit to State, Public Transit Division, 555 13th St. NE, Suite 3, Salem, OR
l)"30 1-417\). a copy ,)f any annual audit covering the funds expended under this
:\grL'el11ent by Recipient or ~my subcL1ntractor of Recipient receiving funds as a result
of this Agreement: and a CL1py of the management letter and any report that
aCl.'\)mpanies the anllual audit L'\)\ ering the funds expended under this Agreement.
Page () of 13
Misc. Contracts and Agreements
Agreement No. 24412
Rural and Small Urban Areas (5311) Operations
C. Other Federal Requirements
One of the principles of contracting with Federal funds received indirectly from the FT A
is recognition that, as a condition of receiving the funds, certain specific requirements
must be met not only by the Recipient, but also by any subrecipients and contractors. To
the extent applicable. Federal requirements extend to the third party contractors and their
contracts at every tier and subrecipients and their subagreements at every tier. The
specific n:quirements for particular grant funds are found in the Master Agreement that is
signed and attesti.:d to by State.
The following is not a complete list of Federal requirements. Rather it is a summary of
various primary requirements associated with the type of transaction covered by this
Agreement.
1. Recipient shall comply with Title VI of the Civil Rights Act of 1964 (78 State 252,42
U.S.C. ~ 2000d) and the regulations of the United States Department of
Transportation (49 CFR 21, Subtitle A). Recipient shall exclude no person on the
grounds of race, religion, color, sex, age, national origin, or disability from the
benefits of aid received under this Agreement. Recipient will report to State on at
least an annual basis the following information: any active lawsuits or complaints,
including dates, summary of allegation, status of lawsuit or complaint including
whether the parties entered into a consent decree.
2. Recipient shall comply with FTA regulations in Title 49 CFR 27, Nondiscrimination
on the Basis oj'Disability- in Programs or Activities Receiving Federal Financial
Assistance which implements the Rehabilitation Act of 1973, as amended, the
Americans \vith Disahilities Act of 1990, 49 CFR 37, and 49 CFR 38.
3. Recipient has, or will have the necessary legal, financial, and managerial capacity to
apply for, receive and disburse Federal assistance authorized for 49 U.S.c. S 5311;
and to implement and manage the Project.
4. Recipiellt has, to the maximum exknt feasible, coordinated with other transportation
providers and users, including social service agencies authorized to purchase transit
serVIce.
5. Rccipient has c\llllplicd with the transit employee protective provisions 01'49 U.S.c. ~
~333(h ).
(). Recipient will comply with applicahle prmisions of 49 CFR 605 pi:rtaining to school
tral1~portatit)\1 operations. "Tlipper servici:s" that are part of the routine schedule and
an: opel1 to the general public are not considered to be school bus services.
RL'Upicl1t '.\ III L"lITed all: Ctlllditioll \\ hich ~tak uf FTA believes "creates a serious
kl/ard lIt tkath ur inJury" ill accurdat1\:e \\ith Section 22 of the Federal Transit Act,
cl;- clllll.'t1Lkd.
Page 7 of 13
Misc. Contracts and Agreemcnts
Agreement No. 24412
Rural and Small Urhan Areas (5311) Operations
S. Recipient will comply \vith the applicable provisions of 49 CFR 26 related to
Disadvantaged Business Enterprises and report quarterly to State. Each contract
Recipient signs with the contractor (and each subcontract the prime contractor signs
with a subcontractor) must include the following assurance:
1hc contractor, slIhrccipicnt or suhcontractor shall not discriminate on the
has is o( race, color, national origin, or sex in the performancc 0/ this contract.
Ihc contractor shall carry Ollt applicable requirements 0/4<) CPR part 26 in the
([Hurd and administration or State-assisted cuntracts. Failure by the cuntractor
to currv Ollt thes(! rcqllirem(!nts is a material hrcach (~l this contract, H-Ilich may
result in the termination of this cuntraet or sllch other reme((v, as the Recipient
dcems appropriate.
9. Recipient has certitied to State that is will comply with 49 CFR 604 in the provision
of any charter service provided with equipment or facilities acquired with FT A
assistance.
10. Recipient and contractors reCeIVll1g in excess of $100,000 in Federal funds must
certify to State that they have not and will not use Federal funds to pay for
influencing or attempting to int1uence an officer or employee of any Federal
department or agency. a member of Congress, or an employee of a member of
Congress in connection with obtaining any Federal grant, cooperative agreement or
any other Federal award. If non-federal funds have been used to support lobbying
activities in connection with the project Recipient shall complete Standard Form LLL,
Disclosure Form to Report Lobbying and submit the form to State at the end of each
calendar quarter in which there occurs an event that requires disclosure. Restrictions
on lohb) ing do not apply tc/ int1ucncing pulicy decisiuns. Examples of prohibited
acti vities include seeking support f()[ a particular application or bid and seeking a
congressional earmark.
II. Recipients, sub recipients and their contractors with safety sensItlve employees
(except maintenance contractors) shall comply with the drug and aleC/hol testing
regulations as defined by Prevention o(Alcohol Misllse and Prohibited Drug Use in
Transit Operations (49 CFR (55); and Procedures of Transportatiol) Workplace
[)mg ilnd Alcohol Testing Programs (49 CFR 40). Recipient agrees to comply with,
and ensures the compliance of its employees, suhrecipients and contractors with
int\mnatiun restrictions and other applicable requircments of the Pri\'acy Act of 1974,
5 L.s.C. ~ 552.
11. STATE OBLlG,\TI()~S
A. State shall reimburse eligible costs incurred \l1 carrying out the Project subject to the
clmuunts shll\\ n in the Terms of Agreement.
B. StJte certifies. at the time this Agreement is executed. that sufticient funds are J\aibblc
clnd authl)ri/cd t(n expenditure tu tinancc custs or this Agrceml'nt \\ithin State's CUITl'nt
~lpprnpriatiun or limitation of the current hiennial budget.
Page X of 13
Misc. Contracts and Agreements
Agreement No. 24412
Rural and Small Urban Areas (5311) Operations
c. State n:serves the right to withhold paymmt of funds if there are unresolved audit
tindings, or inadequate infonnation concerning Recipient's activities. State reserves the
right to reallocate any portion of the Agreement amount which State reasonably believes
will not he used by Recipient within the Terms of Agreement.
III.GENERAL PROVISIONS
A. Agreement may be tenninated by mutual written consent of both parties. State may
ternlinate this Agreement, in whole or in part, etTective upon delivery of written notice to
Recipient, or at such later date as may be established by State, under any of the following
conditions.
I. If Recipient fails to provide services called for by this Agreement within the time
specitied herein or any extension thereof; or
2. If Recipient fails to perform any of the other provisions of this Agreement, or so fails
to pursue the work as to endanger performance of this Agreement in accordance with
its tenns. and after receipt of written notice from State fails to correct such failures
within 10 days or such longer period as State may authorize; or
3. If State fails to receive funding, appropriations, limitations or other expenditure
authority sufficient to allow State, in the exercise of its reasonable administrative
discretion, to continue to make payments for performance of this Agreement; or
4. The requisite local funding to continue the Project becomes unavailable to Recipient;
or
5. Federal or state laws, rules, rq":rulations or guidelines are modified or interpreted in
-;uch a way that the activities described in Exhibit A of the Agreement are no longer
allowable or no longer eligible for funding proposed by this Agreement; or
h. The Project would not produce results commensurate with the further expenditure of
funds: or
Recipient takes any action pertaining to this Agreement without the approval of State
and \\ hich under the pro\'isions of this Agreement would have required the approval
of State: or
:\. The c\ )mmcnccmcnL prosecution or timely completion of the Project by Recipient is,
for an}' rcaSlln. rL'nllL:n:d improbable. impossihle, illegal; or
\) RccipiL'llt is in default under any provision of this Agreement.
[3. .\11\ krmin~lti()n of this Agreement shall not prejudice any rights or obligations accrued
l() the p,lrliL'~ priur 1\) terminatiun.
Page l) \)f I]
Misc. Contracts and Agreements
Agreement No. 24412
Rural and Small Urban Areas (5311) Operations
C. Recipient acknO\vlcdges and agrees that State, the Secretary of State's Office of the State
of Oregon, the Federal government and their duly authorized representatives shall have
access to the books, documents, papers, and records of Recipient whieh are directly
pertinent to the specific Agreement for the purpose of making audit, examination,
excerpts and transl:ripts for a period of three years after final payment. Copies of
applicable records shall be made available upon request. Payment for reasonable costs of
l:opies is reimbursable by State.
D. This Agreement may be revised or amended by a supplemental written agreement
between the parties and exel:uted with the same formalities as this Agreement.
E. This Agreement may be executed in several counterparts [facsimile or otherwise] all of
which when taken together shall constitute one agreement binding on all parties,
notwithstanding that all parties are not signatories to the same counterpart. Each copy of
this Agreemt.:nt so executed shall constitute an original.
F. This Agreement and attached exhibits constitute the entire Agreement between the parties
on the subject matter hereof. There arc no understandings, agreements, or representations,
oral or written, not specified herein regarding this Agreement. No waiver, consent,
modification or change uf terms of this Agreement shall bind either party unless in
writing and signed by both parties and all necessary approvals have been obtained. Such
waiver, consent, modification or change, if made, shall be effective only in the specific
instance and for the specitic purpose given. The failure of State to enforce any provision
of this Agreement shall not constitute a waiver by State of that or any other provision.
Page 1 () of 13
Misc. Contracts and Agreements
Agreement No. 24412
Rural and Small Urhan Areas (5311) Operations
EXHIBIT A
PROJECT DESCRIPTION AND BUDGET
Statement of Work
The purpose of this Ab'Teement is to provide funding tor Recipient to complete the following
project: Provide supplemental operating support to provide an increased level of service
primarily benefiting the elderly and people with disabilities.
To the extent possible, Recipient will coordinate the delivery of transportation services with
other public and private transportation providers to enhance regional services and to avoid
duplication of services.
Description of Service
The service to be provided under this Agreement is as follows:
· Woodburn Paratransit service provided to individuals with disabilities eligible under the City
of Woodburn's paratransit prob'Tam. and to the elderly and others who are provided services
in addition to the ADA-level service (examples include medical and meal site transportation.)
Recipient may amend the service design at any time in accordance with local demand, funding
issues or other situation that requires service to be changed. Recipient will inform ODOT if there
is a change in the service funded by this Agreement.
Proiect Accounting, Match and Budget
Recipient may not count the same costs twice if they have multiple agreements for which these
co~ts may be eligibk. Depreciation of capital equipment funded from USDOT- or ODOT-source
grants is not an eligible expensc.
Rccipient will not use fares as match. Recipient will subtract fares trom the gross operating
expense of service to dctennine the net operating expenses. The grant share of the project costs
are based on the net operating expenses.
_E_stimated fro.i~~t ~xpens~
Operation~"m__ _ _____
_ ~-=-=~1==-~_____~3 5,2@]
Total i $35,200 I
_~.___~__~----------.J
Estimated Projc~t Re\ynuc
fLl~ld_~Jtom tb~"g].~~~~\'ar~_~
General fund
. _u~_~m~ ~~ ~ ---~~-S -1-7,r;()()1
- _._._~_.+--"--- - ------~~~
I I 7, (JO() I
____ m j_~=-=_-=~~~~S35,2()0_.!~QJ
~()L~r(_l'--':ln~/~I110Llllt ()f \Iakhin.l.!. Sharl'
( il'lll'ral Fund
')17.6()() .
P:lgl' II of 13
Misc. Contracts and Agreements
Agreement No. 24412
Rural and Small Urban Areas (5311) Operations
Sen Ice Goals and Reporting
The primary goal of the project is to increase the level of services oHered to the elderly and
people with disabilities over the tenn of this Agreement. The success of the service will be
measured by the use of the service, specifically by the rides provided to people who are elderly
dnd people with disabilities.
.---.--- -- -. --------.----E-----~
l, _ _oS tatistics:___ t- ~y'Q6-07 (current) FY 07-08 FY 08-09 I
E & D Rides I X)OO 8,500 8,700
l ~~_. _ J. -------~~ - ~- -.-_..~~--- .--.-----....- -~~-
Page 12 tlt' I,)
Misc. Contracts and Agreements
Agreement No. 24412
Rural and Small Urban Areas (5311) Operations
EXHIBIT B
FINANCIAL IN FORl\lA TION
The information below will assist ~lUditors to prepare a report in compliance with the
requirements of the Office of Management and Budget (OMB) Circular A-133.
This grant is financed by the funding source as indicated below:
--- ---~".- ------------~~-- --- -.-- -..- _._----------
Federal Program Total Federal Funding
Title $17,600.00
Federal Funds Available through:
. 49 U.S.c. 5311 Program
1
Federal Catalogue Number:
20.509
State Funding Agency
Oregon Department of Transportation
Public Transit Division
Mill Creek Building
555 13th Street NE, Suite 3
Salem, OR 97301-4179
Federal Funding Agency
U _ S. Department 0 f Transportation
Federal Transit Administration
Region X, Suite 3142
. Federal Building
I 915 Second AWI.Lle
I Seattle, W A 98174
L-
Page 13 of 13
/. \ ...
~~~~;~.4~
~Jm'tr:~
WOODBURN
f II ; J r l' ~ '.t t t J ,!J ~ <I
~ ~llD
.
.
August 13, 2007
FROM:
Honorable Mayor and City Council through City Administrator
G. S. Tiwari, Public Works Director ~ ,,/.
, / /
. c<t/~//
Randy Rohman, Public Works Program Manager' 7' I
TO:
VIA:
SUBJECT:
Transit Vehicle Preventative Maintenance Grant Agreement
RECOMMENDATION: Approve the attached resolution entering into ODOT
Grant Agreement No. 24413 with the State of Oregon to receive $10,768 in
public transportation vehicle preventative maintenance funding and
authorizing the City Administrator to sign the agreement on behalf of the city.
BACKGROUND: The City applied for a Special Transportation Grant to the
ODOT public transit division in January 2007. The grant request was to provide
funding for preventative maintenance on fixed route buses and Dial-A-Ride
paratransit vans. Preventative maintenance covers items such as oil and filter
replar:ement, tire replacement, brake replacement, tune-ups and other work
associated with scheduled and routine maintenance. The preventative
maintenance program is a biennial grant program. This grant is for a two fiscal
year period and the city applied for $10,768 of assistance over the biennial
period. In June 2007 the City was notified that its application had been
selected for funding.
DISCUSSION: This agreement provides for $10,768 over the next two years and
terminates on June 30, 2009. Reimbursement for preventative maintenance
activity can be claimed over the entire two-year period and there are no
re5trictions on amounts requested per fiscal year. The city attorney has
reviewed the agreement. Staff recommends that the resolution be approved
authorizing Cdy Administrator to sign the agreement on behalf of the city.
FINANCIAL IMPACT: A portion of this anticipated two year grant was included
in projected grant revenue in the approved fiscal year 2007-2008 transit budget.
-----'
, , '"""/ '
------- -------------------- '-::t/
\, j'j'-'ciCl I ~t:lr~l:vf;w: City 1\'-.ll11ir;istr(lto(/ ,f' ',' - City Attorney' IJ
r=;nunce-;&r,
52
COUNCIL BILL NO.
RESOLUTION NO.
A RESOLUTION ENTERING INTO GRANT AGREEMENT NO. 24413 WITH THE STATE
OF OREGON AND AUTHORIZING THE CITY ADMINISTRATOR TO SIGN SUCH
AGREEMENT.
WHEREAS. the State of Oregon acting through the Oregon Transportation
Commission is authorized to enter into agreements and disburse funds for the purpose of
supporting public transportation pursuant to ORS 184.670 to 184.733, and
WHEREAS, the City of Woodburn applied for public transportation preventative
maintenance assistance funds under the Special Transportation Grant Program
administered by the State of Oregon, Department of Transportation, and
WHEREAS, the State of Oregon, Department of Transportation, has been
designated to coordinate grant applications, select recipients of assistance and to
administer the disbursement of Special Transportation Grant Program funding, and
WHEREAS, the State of Oregon, Department of Transportation, has approved
$10,768 in preventative maintenance assistance funds for the City of Woodburn to be used
in support of public transportation, NOW THEREFORE;
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn enter into Grant Agreement No. 24413,
which is affixed as Attachment "A" and by this reference incorporated herein, with the State
of Oregon acting by and through its Department of Transportation to secure federal funds
for the purpose of public transportation preventative maintenance assistance.
Section 2. That the City Administrator of the City of Woodburn is authorized to sign
said agreement on behalf of the City.
~ .:.... . ._.J
~:;,_ ~~~ J =-~ ~~F~:: -=:--I ::(J.
53
Approved as to form: (~/') /y V <r /~
City Attorney
'z-v -~L
_I -r
APPROVED:
Kathryn Figley, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant, Recorder
City of Woodburn, Oregon
t J -~ ~
.,......,..-'T...., - - ,; --.. T ''''/1
_ _J '-,..' _ "-- ----' : J '- . ~ I J ,. \j .
.; ~.... S J =~ ~.J ~- _~ I,~ ~r 2'I\).
54
ATTACHMENT "A"
Due to the length of the attachment, it has
not been included in the Council packet.
The attachment will be available for review
at Public Works or at the Council meeting.
S"-<- -k',fo,<-" Y f<(fle-s h-v
Ilffi--cJr ~ ~ J
55
Misc. Contracts and Agreements
Agreement No.24413
Rural and Small Urban Areas (5311) Vehicle Preventive Maintenance
PUBLIC TRANSIT DIVISION
OREGON DEPARTMENT OF TRANSPORTATION
STATE GRANT AGREEMENT NO. 24413
THIS AGREE:\IENT is made and entered into by and between THE STATE OF OREGON,
acting by and through its Department of Transportation, hereinafter referred to as "State"; and
City of \Voodburn, hereinafter referred to as "Recipient." Recipient enters into this Agreement
with State to secure tinancial assistance to eompkte the activities described in Exhibit A,
hen:inatler referred to as the "Project," attached hereto and by this reference made a part hereof.
RECIT ALS
l. By the authority granted in Oregon Revised Statutes (ORS) 190.110 and 283.110, state
agencies may enter into agreements with units of local government or other state agencies for
the performance of any or all functions and activities that a party to the agreement, its
officers, or agents have the authority to perform. The State of Oregon acting through the
Oregon Transportation Commission is authorized to enter into agreements and disburse funds
t()[ the purpose of supporting public transportation pursuant to ORS 184.670 to 184.733.
')
This Agreement is based upon, and is subject to, ORS, Oregon Administrative Rules (OAR),
<lnd Federal Transit Administration (FT A) reb'1l1ations such as those contained in ORS
323.455, ORS 391.800 through 391.830 and FT A Circular 9040.IF induding all associated
references and citations. From time to time these laws, rules and regulations may be
amended; and State reserves the right to amend this Agreement if it is affected. State will
provide thirty days notice of impending changes and will prepare a supplemental agreement
incorporating the changes to he executed by the parties.
NO\V THEREFORE, the premises being in general as stated in the foregoing recitals, it IS
agreed by and bet\veen the p<lrtics hereto as follmvs:
TERMSOFAGREEME~T
I. Estimated total Project cost is $13,460.00. Maximum allowable reimbursement shall be
either 80% of allowabk costs (lr $10,768.()(). whichever is less.
')
This .\.greemcnt ...hall hegin on July 1,2007 and shall expire, unless otherwise terminated, on
June 30, 200t).
,
,
[t is l11utually agreed and understood by StLile Lind Recipient that Recipient may enter into an
agreement with une or mure additiunal entities (subrecipicnts) to complcre the Project.
J. If suhrn:ipiel1h arL' tu he u:-.ed. RL'cipient agrees to do so unly through a signed \\ritten
~lgreCI1lCl1t (suhagn:cmcnt). Subagreemcnts shall incorporate and pass thwugh allllf the
rcquiremcnts llf this :\grccl11ent tu any subrecipient. Use of a suhagreement does not
Page 1 ufl7
Misc. Contracts and Agreements
Agreement N 0.24413
Rural and Small Urhan Areas (5311) Vehicle Preventive Maintenance
relieve the Recipient of its responsihilities to CJrry out the terms and eonditions of this
A greem en t.
b. Recipient also agrees to provide State with a copy of any signed subagreement within 30
days of execution. Any substantial breach of a term or condition of a sub agreement by a
subrecipient relating to funds covered by this Agreement must be reported by Recipient
to State within 10 days of its being discovered.
c. The use of subagreements shall not apply to procurements of goods and services supplied
hy subcontractors. Recipients and suhrecipients shall follow procedures described in
Section I, Recipient Obligations, paragraph A (2) of this Agreement for procurement
contracts used to buy goods and scrvices from subcontractors.
4. The following documents, Agreement Obligations and General Provisions, Exhibit A:
Project Description and Budget, Exhibit B: Financial Information, Exhibit C:
Discretionary Grant Reimbursement Invoice and Attachment 1 of Exhibit C -
Reimbursement Request Form, are attached hereto and by this reference made a part of
this Agreement. The following document is incorporated by reference: Fiscal Year 2007
Annual List of Certifications and Assurances for FT A Grants and Cooperative
Agreements and Federally Required and Other Model Contract Clauses. These
certifications and assurances are used in connection with all Federal assistance programs
administered by FT A during Federal Fiscal Year 2007. These certifications and assurances
include all annual certifications required by 49 U.S.c. 9 5311 Rural and Small Urban Areas.
SIGNATURE PAGE TO FOLLOW
Page2ofl7
Misc. Contracts ancl Agreements
Agreement No.24413
Rural and Small Urban Areas (5311) Vehicle Preventive ivlaintenance
I~ WITNESS \VHEREOF, the parties have set their hands as of the day and year hereinafter
\Hitten.
The Oregon Transportation Commission on June 18, 2003, approved Delegation Order No.2,
\vhich authorizes the Director to approve and execute agreements for clay-to-day operations when
the work is related to a Project included in the Statewide Transportation Improvement Program
or a line item in the biennial budget approved by the Commission.
On iVlarch 18, 2()()4 the Director approved Subdelegation Order No. 14, which delegates the
lluthority to conduct the following day-to-day operations to the Public Transit Division
Administrator:
Execute Oregon Transportation Commission intergovernmental agreements and
grants for special payments to local governments and other non-profit units and
operators o.rpubhc transportation services for disbursement of state and federal funds
for public transit programs. The Division Manager will maintain a listing of all
intergovernmental agreements and grants and submit a quarterly report to the UTe.
City of \V oodburn
270 Montgomery Street
Woodburn, Oregon 97071
Oregon Department of Transportation
Public Transit Division
555 13th Street NE, Suite 3
Salem, Oregon 97301-4179
Signature (Legally designated representative)
~ ---
Michael R. Ward
_,Lobnl?xm'il1
;'\lame (Printecl or typed)
c:_ i!-y __~<:=l:Il1 ~rlJ- s t~C3._~()~~
[,itle
Administrator
Date Title
Date
-
Recipient's Legal Cuunsel
(lfrequired in local process only)
'-Jame (printed I)r typed)
Titk
Oak
Page 3 of 17
Misc. Contracts and Agreements
Agreement No.24413
Rural and Small Urban Areas (5311) Vehicle Preventive Maintenance
,\grcemcnt Ohligations and General Provisions
1. RECIPIENT OBLIGATIONS
A. General Requirements
1. Rccipient shall conduct activities in accordance with Exhibit A, Project Description
and Budget. Recipicnt shall notify State in writing of changes in the Project prior to
perfonning any changes and will not perform any changes to the Project listed in
Exhibit A without specific written approval from State.
2. Recipient shall make purchases of any equipment, materials, or services pursuant to
this Agreement under proccdurcs consistent with OAR Chapter 125 for the Oregon
Department of Administrative Services and ORS and in conformance to FT A Circular
4220.1 E, Third Party Contracting Requirements. ensuring that:
a. all applicable clauses required by Federal Statute, executive orders and their
implementing regulations are included in each competitive procurement;
b. all procurement transactions are conducted in a manner providing full and open
competition;
c. procuremcnts exclude the use of statutorily or administratively imposed in-state or
geographic preference in the evaluation of bids or proposals (with exception of
locally controlled licensing requirements), and;
d. Jrchitectural and cngineaing procurements are based on Brooks Act proct:dures
unless the State of Oregun has adopted a statutc that governs such procurements.
Recipient is responsible for submission of any draft subagreements and contracts
associated with this Agreement to State for review and approval. Best Practices
!'roLlI}"CI/ICJ/{ ,HallLlul, a technical assistance prepared hy thc FT A. is available on the
FT..'\. wehsite: ww\v.tb.dut.gov
~ Recipient agrees tu cumply with all federal, state and local laws, regulations.
L'x(xuti'ie ()rllers zmd ordinances applicable to the work under this Agreement.
ll1cludlllg, \\ itlhlut limitation, the prm isions of ORS 2798.220, 2798.225, 2798.230,
2~()B.2)5 and 279B.270. \\hich h~rt:hy are incorporattd by rdt:rtnce. Without
limiting the generality orthe foregoing, Recipient expressly agrees to comply with (i)
fitle VlufCi\i1 Rights Act of I 96-k (ii) Title V and Section 504 of the Rehahilitation
\ct of llJ73: (iiil the Americans \vith Disahilities Act of 199() and ORS ()59A.142;
(i\) all regulations and administrative rules established pursuant to the tl)regoing
lell.\ s: ~lnd 1\') all other ~lpplicahle requirements of federal and ..;tate civil rights and
rehahIl i Ltli, In "Lttutco.;. ruleo.; and regulations.
Page4uf17
Misc. Contracts and Agreements
Agreement No.24413
Rural and Small Urban Areas (5311) Vehicle Preventive Maintenance
.:1-. Recipient shall maintain all required records for at least three years atter State's final
payment.
5. To receive reimbursement as described in Section [[ of this Agreement, Recipient
shall submit quarterly probTfess reports. Reports shall include a detailed statement of
revenues and expenditures for each quarter, including documentation of local match
contributions. State reserves the right to request such additional information as may
be necessary to comply with feckral or state reporting requirements.
The reporting periods are based on the state fiscal year. Quarter I is July through
September. Quarter 2 is October through December. Quarter 3 is January through
March. Quarter 4 is April through June. Reports are due to State, Public Transit
Division, 555 13th St. 0JE Suite 3, Salem OR 97301 no later than 45 days after the last
day of the quarter.
6. Recipient shall defend, save and hold harmless the State of Oregon, including the
Oregon Transportation Commission, State, and their members, officers, agents, and
employees from all claims, suits, actions of whatsoever nature resulting from or
arising out of the activities of Recipient or its subcontractors, agents or employees
under this Agreement. Recipient shall not be required to indemnify State for any such
liability arising out of negligent acts or omissions of the State of Oregon, its
employees, or representatives. This provision is subject to the limitations, if
applicable, set forth in Article Xl, Section 10 of the Oregon Constitution and in the
Oregon Tort Claims A..ct, ORS 30.260 to 30.300.
7. N ot\vithstanding th~ foregoing defense obligations under the paragrap11 above, 11either
Recipient nor any attorney engaged by Recipient shall defenu any claim in the name
uf the State of Oregon or any agency of the State of Oregon, nor purp0l1 to act as
legal representative uf the State of Oregun llf any uf its agencies, without the prior
written consent of the Oregon Attorney General. The State of Oregon may, at anytime
at its election assume its uwn defense and settlement in the event that it determines
that Recipient is pruhihikd from defending the State of Oregon, or that Recipient is
nut cldequately defending the State uf Oregon's interests, or that an important
gO\tTnment principle is at issue or that it is in the best interests of the State of Oregon
tll du suo The State uf On:gun reserves all rights to pursue any claims it may have
:lgamst Recipient if tht' State ()f Oregon elects to assume its mvn defense.
;..: Recipient shall pertlmn the ser\ ices Llmkr this ;\gn:el11ent as an independent
C\lntract\lr amI :-.11,111 be c:\CIUS1\ el) responsible for all costs ami expenses relateu to its
employment 0[' indi\ iduals tu perform the \\urk under this Agreement, including but
Ilut limited to rdirement contributions, workers' compensation, unemployment taxes,
and state and federal income tax withholdings.
\) ,\11 cmplu)crs. Illcluding Reclpit'nt. that employ subject workers who under this
.\grecment in the Stall: of ()regon shall comply \\ ith ORS 656.017 and provide the
required \\\nhT< ('UI1l(k'l1satilln cu\erage unless such employers are exempt under
Page)()fI7
Misc. Contrads and Agreements
Agreement No.24413
Rural and Small Urban Areas (53 II) Vehicle Preventive Maintenance
ORS 656.126. Recipient shall ensure that each of its subcontractors complies with
these requirements.
10. Recipient acknowledges and agrees that the Federal Government, absent express
written consent by the Federal Government, is not a party to this Agreement and shall
not he suhject to any ohligations or liabilities to the Recipient, contractor or any other
party (whether or not a party to the Agreement) pertaining to any mattcr resulting
from the underlying Agreement.
II. Recipienfs ofticers, employees, or agents shall neither solicit nor accept gratuities,
favors or anything of monetary value from contradors, potential contractors, or
parties to sub agreements. No member or delegate to the Congress of the United States
or State of Oregon employee shall be admitted to any share or part of this Agreement
of any benefit arising therefrom.
12. In accepting this Agreement, Recipient certifies that neither Recipient nor its
principals is presently debarred, suspended, or voluntarily excluded from this
federally-assisted transaction, or proposed for debarment, declared ineligible or
voluntarily excluded from participating in the Agreement by any state or federal
agency. Recipient must provide notice to State if at any time it learns that this
certification is erroneous when submitted or if circumstances have changed (new
personnel, indictments, convictions).
13. Recipient shall permit State, the Secretary of State, the Comptroller General of the
United States, the US Department of Transportation, or their authorized
representative, upon reasonable notice, to inspect all vehides, real property, facilities,
equipment purchaseJ by the Recipient as part of the project, and/or transportation
services rendered hy Recipient, subrecipient and/or any subcontractor acting on
behalf of the ReCIpient. Recipient shall permit the above named persons to audit the
hooks, records, and accounts of Recipient rdating to the project.
l~. Recipient may request that State purchase equipment un Recipient's hehalf, and State
may so purchase if mutually agn:ed to. Recipient shall complete all purchases of
property or equipment prior to the expiration date of this Agreement. If local
L.ircumstanccs prC\ ent the purchase by the specitied date, at least 45 days prior to the
npiration of the Agreement, the Recipient will notify State in writing of the delay
and prU\ lde a reason fur the delay. Contract amendment for time will be consiJered
i 11 ex tcl1L1llti ng drcull\~tanct:s.
15. Recipient ~hall hear the cust uf insuring vehicles purchased under this Agreement
hased on a risk assessment. Recipient shall maintain, in amounts and fonn
satisfactory t() State, such insurance or self-insurance as will be adequate to protect
Rccipient. '. l'lllc!c dri\ ers ~l11d assisLl11ts, \chicle occupants, and protect equipment
thwu~h the pcri\H.1 ()f use. .\t ~l minimum. this sh,111 include comprehensive and
collision insurance adeL\uak to repair or replace pmperty and equipment if damaged
(lr de~tr(}yed. li,lbilit) llburancc uf S50,l)OO for pruperty damage. S2()O,()()l) for hodily
Page 6 of 17
Misc. Contracts and Agreements
Agreement No.24413
Rural and Small Urban Areas (5311) Vehicle Preventive Maintenance
injury per person, S500,OOO bodily injury per occasion, uninsured motorist protection,
and personal injury protection as required by ORS Chapter 806. Recipient shall be
responsible for all deductibles or self-insured retention. Recipient shall include the
Oregon Department of Transportation, Public Transit Division as "Additional
Insured'"
1 o. Recipient shall submit an annual vehicle inspection report to State. Vehicle
inspections shall be conducted by a vehicle maintenance technician certified by a
nationally recognized organization in the field of vehicle service and maintenance.
Reports shall be submitted on forms covering required areas of inspection provided
by State.
17. Any recipient of grant funds, pursuant to this Agreement with State, shall assume sole
liability for that Recipient's breach of the conditions of this Agreement, and shall,
upon Recipient's breach of conditions that requires State to return funds to the FT A,
hold harmless and indemnify State for an amount equal to the funds received under
this Agreement; or if legal limitations apply to the indemnification ability of the
recipient of grant funds, the indemnification amount shall be the maximum amount of
funds available for expenditure, including any available contingency funds or other
available non-appropriated funds, up to the amount received under this Agreement.
B Audit Requirements
I. Recipients receiving Federal funds in excess of $500,000 are subject to audit
conducted in accordance with Otllce of Management and Budget (OMB) Circular A-
133, Audits of States, Local Governments. And Non-profit Institutions. Recipient, if
affected by this requirement shall at Recipient's own expense, submit to State, Public
Transit Division, 555 13th St. NE, Suite 3, Salem, OR 97301-4179, a copy of its A-
133 annual audit covering the funds expended under this Agreement and shall submit
nr cause to be submitted, the annual audit of any subcontractor of Recipient
responsible for the rlnaneial management of funds received under this Agreement
-,
RecipIents receiving less than 5500,000 in Federal funds shall, at Recipient's own
expen,;e, submit to State, Public Transit Division, 555 13th St. NE, Suite 3, Salem, OR
1)7:1lJl-4l7l), a copy llf any annual audit covering the funds expended under this
,\grCl:ment by Recipient or any subcllntractor of Recipient receiving funds as a result
\)t' this ,\greement: and a copy of the management letter and any report that
dcculllpanies the annual audit cuvering the funds expended under this Agreement.
,
,
Recipient ~hall sa\e, protect and huld harmless State [rom the cost of any audits or
~rccial ill\e~tigations performed by the Oregon Secn:tary of State's Audits Di\ ision
in response to allegations with respect to the funds expended under this Agreement.
Re~:ipient" s liahility for any Cllsts incurred under this pn)\'ision is not limited to the
gr~l1lt anwunt ddined hy the -r l.:rms llf Agreement. and is binding \\ hether llr not the
.dkg~iti\)l1s ~Irc suhsLll1tiated. It IS also mutually agreed and understolld that any audit
Page 7 of 17
Misc. Contracts and Agreements
Agreement No.24413
Rural and Small Urban Areas (5311) Vehicle Preventive Maintenance
costs incurn:d as a result of allegations of ti-aud, waste or abuse are ineligible for
reimbursement under this or any other agreement between Recipient and State.
C. Other Federal Requirements
One of the principles of contracting with Federal funds received indirectly from the FT A
is recognition that, as a condition of receiving the funds, certain specific requirements
must be met not only by the Recipient, but also by any subrecipients and contractors. To
the extent applicable, Federal requirements extend to the third party contractors and their
contracts at every tier and suhrecipients and their subagrcements at every tier. The
specitic requirements for particular grant funds arc found in the Master Agreement that is
signed and attested to by State. This Master Agreement is incorporated by reference and
made part of this Agreement. Said Master Agreement is available upon request from
State by calling (503) 986-3300 or accessing the FT A website: www.fta.dot.gov
The following is not a complete list of Federal requirements. Rather it is a summary of
various primary requirements associated with the type of transaction covered by this
Agreement and the type of funds described in Exhibit A.
I. Recipient shall comply with Title VI of the Civil Rights Act of 1964 (78 State 252,42
LJ.S.C. ~ 2000d) and the regulations of the United States Department of
Transportation (49 CFR 21, Subtitle A). Recipient shall exclude no person in the
grounLls of race, religion, color, sex, age, national origin, or disability from the
benefits of aiLl received under this Agreement. Recipient will report to State on at
least an annual basis the following information: any active lawsuits or complaints,
including dates, summary of allegation, status of lawsuit or complaint including
whdher the parties entered into a conscnt decree.
I
Recipient shall comply with FTA regulations in Title 49 CFR 27, Nandiscriminution
on the Basis af Disuhilitv in Programs or Activities Receiving Federal Financial
.Issisrilncc which implements the Rehabilitation Act of 1973, as amended, the
. \mencans with Disabilities Act of 1990, 49 CFR 37, and 49 CFR 38.
Recipient "hallcol1lply with the following service provisions, as appropriate:
a. \ Iaintenance 0 f access i h Ie features
h. Prlh.:edLlre~ to ensure Ii It a\~lilahilitv
c. Lltt clIld seLllremcnt Lise
d. :\nnollnccmcnh lltl \ chicles of stops on tixed-route systems
L'. \chlck idclltl ticatllln s\skl1l
t. <';cn IL',: dnlllldls
Page ~ ut" 17
Misc. Contracts and Agreements
Agreement No.24413
Rural and Small Urban Areas (5311) Vehicle Preventive Maintenance
g. ise of accessibility features
h, PubliL: infonnation ! wmmunication
I. Lift deployment at any designated stop
J. ServiL:e to persons \lsing respirators or portable oxygen
k. A(kquate time for boarding hkboarding
I. Training
3, Recipient has, or will have, the necessary legal, financial, and managerial capability
to apply for, receive, and dishurse Federal assistance authorized for 49 U.S.C. ~ 5311;
and to implement and manage the Project.
4. Recipient will correct any condition which State or FT A believes "creates a serious
hazard of death or injury" in accordance with Section 22 of the Federal Transit Act as
amended.
5, Recipient will comply with the applicable provIsions of 49 CFR 26 related to
Disadvantaged Business Enterprises and report quarterly to State. Each contract
Recipient signs with the contractor (and each subcontract the prime contractor signs
with a subcontractor) must include the following assurance:
rhe cuntractor, subrecipient or subcontractor shall not discriminate on
the basis a/race, color. nl/tional origin, or sex in the pelformance of this
lontract. thc contractor sha!! carr\,.' out applicable requirements of 49
CFR part 26 in the award and administration a/State -assisted contracts.
Failure hy the contractor to carry out these requirements is a material
hn:uch of this contract, which may result in the termination 0/ this
lOl/tract ur such other rCl1ledv. liS the Recipient deons appropriate.
(1 Recipient has certified to State that it will comply with 49 CFR 604 in the provision
of any charter serVIee pn1\ idcd with cquipment of t~lcilitics acquired \vith FT A
assist-mce.
Recipient and contractors reCCl\ ing in exe<.:ss l1f S 100.00n in Federal funds must
certil\ tl) State that they ha\ e not and will not use Federal funds to pay for
intluencing or attempting tu int1uence an unicer ur employee of any Federal
department or agency. a member of Congress. or an employee of il member of
Congress in connection with obtaining any Federal grant, cooperilti've agreement or
,my llther F ederal ~l\\ ard. If 11011- federal funds ha\'c been used to support lobhying
clcli\ [tic"> in connection \\ lth the Project Recipient shall complete Standard hmn
[ [1. lli.\l'losllrt' FU,.,II tu J?('fJ()J't Loh/1l'illg and submit the fonn to State at the end of
L',I..:h c~del1dar quarter in \\ hieh there uccurs an c\ent that requires disclosure,
P~\ge l) of 17
Misc. Contracts and Agreements
Agreement No.24413
Rural and Small Urban Areas (5311) Vehicle Preventive Maintenance
Restrictions on lobbying do not apply to influencing policy decisions. Examples of
prohibited activities include seeking support for a particular application or bid and
seeking a congressional earmark.
~. Recipients. subrecipients and their contractors \vith safety sensItIve employees
(except maintenance contractors) shall comply with the drug and alcohol testing
regulations as detined by Prevention of Alcohol AlislIse and Prohibited Drug U5e in
Transit Operations (49 eFR (55); and Procedures of Transportation Workplace
!Jrug und A lcohol Testing Programs (49 CFR 40). Recipient agrees to comply with,
and ensures the compliance of its employees, subrecipients, and contractors with
information restrictions and other applicable requirements of the Privacy Act of 1974,
5 U.S.c. * 552.
II. STATE OBLIGATIONS
A. State shall reimburse eligible costs incurred in carrying out the Project subject to the
amounts shown in the Terms of Agreement.
B. State certities, at the time this Agreement is executed, that sufficient funds are available
and authorized for expenditure to finance costs of this Agreement within State's current
appropriation or limitation of the current biennial budget.
c:. State reserves the right to withhold payment of funds if there are unresolved audit
findings, or inadequate infonnation concerning Recipient's activities. State reserves the
right to reallocate any portion of the Agreement amount which State reasonably believes
will not be used by Recipient within the Terms of Agreement.
I1I.GE~ERAL PROVISIONS
.\. This Agreement may be terminated by mutual written consent of both parties. State may
tem1inate this Agreement. in whole or in part, effective upon delivery of written notice to
Recipient. or elt such later date as may be established by State, under any of the following
cunditione;.
I. If Recipient Llils to provide services called for by this Agreement within the time
specitied herein ur any extension thereuf: or
~
If Recipient fails tu perform any of the other provisions of this i.....greement, ur so fails
tu pursue the \\urk. as tll endanger perfurmance of this Agreement in accordance with
its terms. and attt:r receipt of \\Titten notice from State fails to correct such failures
\\ithin 1 () dJ) S or such lunger period as State may authorize: or
"1
If State fails tu recL'ive funding. appropriations. limitations or uther expenditure
,Illtlwrit\ slltlicient tu alhm State. in the exercise uf its reasonable administrative
disLTetloll. t(l C(llltillue tu make payments fur performance nfthis Agreement: or
P age I () 0 f I 7
Misc. Contracts and Agreements
Agreement No.24413
Rural and Small Urban Areas (5311) Vehicle Preventive ~'laintenance
-J.. The requisite local funding to continue the Project becomes unavailable to Recipient;
ur
5. Federal tlr state laws, rules, regulations ur guidelines are modified or interpreted in
such a \vay that the activities described in Exhibit A of the Agreement are no longer
allowable or no longer eligible for funding proposed by this Agreement; or
6. The Project \vould not produce results commensurate with the further expenditure of
funds; or
7. Recipient takes any action pertaining to this Agreement without the approval of State
and which under the provisions of this Agrel:ment would have required the approval
of State; or
S. The commencement, prosecution, or timely completion of the Project hy Recipient is,
for any reason, rendered improbable, impossible, illegal; or
9. Recipient is in default under any provision of this Agreement.
B. Any termination of this Agreement shall not prejudice any rights or obligations accrued
to the parties prior to termination.
C. Recipient shall keep proper and complete books of record and account and maintain all
fiscal records related to this A!:,rreement and the Project in accordance with generally
accepted accounting principles, generally accepted governmental accounting standards
and state minimum standards for audits of municipal corporations. Recipient shall ensure
that each of its subrecipients and subcontractors complies with these requirements.
Recipient acknowkdges and agrees that State, the Secretary of State's Office of the State
uf Oregon, the Federal government, and their duly authorized representatives shall have
access to the books, documents, papers, and records of Recipient which are directly
pertincnt to the specific Agrecment t()r thc purpose of making audit, examination,
exccrpts, and transcripts for a period of three years atter tinal payment. Copies of
LIPplicable n,:cords shall be made available upon request. Payment for costs of copies is
rcimhur~ahk by State.
n. rhi~ ,\gret:ll1l:nt may be revised or amended by a supplemental written agreement
hd\\cen thc parties and executed with the same fonnalities as this Agrecment.
F. Thi~ .\gn:cment may be executed in sc\cral counterparts [facsimilc or othlTwlseJ all of
\\hich \\ hcn takL'n [()gether shall cllnstituk onc agreement binding on all parties,
lll1t\\ ithsunding that all partil:s are not signatories to the same counterpart. Each copy of
this Agreement so cx.ecuted shall constitute an original.
Page II \)f 17
Misc. Contracts and Agreements
Agreement No.24413
Rural and Small t Jrban Areas (5311) Vehicle Preventive Maintenance
F. This Agreement and attached exhibits constitute the entire agreement between the parties
on the subjed matter hereof. There are no understandings, agreements, or representations,
oral or written, not specified herein regarding this Agreement. No waiver, consent,
moditication llr change of tcm1S of this Agreement shall bind either party unless in
writing and signed by both parties and all necessary approvals have been obtained. Such
\vaiver. consent, modification or change, if made, shall be effective only in the specitic
instance and for the speci tic purpose given. The failure of State to enforce any provision
llfthis Agreement shall not constitute a waiver by State of that or any other provision.
['age 12 llf 17
Misc. Contracts and Agreements
Agn:ement No.24413
Rural and Small Urhan Areas (5311) Vehicle Preventive Maintenance
EXHIBIT A
PROJECT DESCRIPTION AND BUDGET
- -~--------~----- --r---L~
Project Budget i Total Project 1 Local Share Source of
. Local i\oIatch
______.~ m__' _~ ____ __ _ _ _____u______
V chicle Preventive l S 13,460 '52,6921 Local funds
;\ laintenance
}OT~\LS __ __ _ i $13,40() t}}~69J~~=- I
I
I Agreement
, Amount
-~~~-_..
$10,768
~768
Project Description/Scope of \Vork
The sole purpose of this Grant Agreement is to provide funding for the following projects.
Preventive Maintenance: This Grant Agreement provides maintenance funding on vehicles
used to provide client or public transportation. Maintenance should be performed to ensure the
tleet is maintained (per manufacturer's recommendations) in good condition and that vehicles
may pass an annual inspection. Preventive maintenance includes the following: oil changes;
tune-ups; tires and tire maintenance; annual vehicle inspections, scheduled or routine
maintenance; and associated parts, supplies and labor. This category of project does not include
the costs associated with major repairs and major component replacement (such as engine or
transmission rehuilds or replacements).
Reporting Requirements: Recipient, by slgmng this Grant Agreement, will provide report
infonnation as prescribed by ODOT un these vehicle(s) as long as they remain in public
transportation service. 1 f a vehicle is transferred to another provider for public transportation,
Recipient agrees to notify ODOT if uscfullifc standard has been met and title has heen released
by ODOT. If 000'1 retains title, Recipient must request pem1ission to transfer a vehicle prior to
its meeting federal uscfullife standards.
Inyoice Requirements: Suhmit a co\er letter ur Exhibit C Invoice documenting the total
expenses for the dcliverahlcs during the period covered. Recipient may list labor costs on
\ttachment 1 of Exhibit C Sample Reimbursement Request Fonn. In-kind match is allowed for
lahelr on m~inlt:n,\I1l'e ~nd or rehahilitation, if otht:rwise ~ll()\ved and not used ~s ~ match for any
llther grant or contract.
[f Recipient chuoses to creak ell. use dn cdtcrn~lt: fonn of inve)iee. all of the information
contained in Attachment I of Exhibit C must be included. \Vhatcver form is used. signature of
the agency" s designcltcd represellt~ti \ e h rl'quired.
,\11 purchases and installations must be completed prior to the expiration date of this Grant
\sreement. I fan e\tcnsielll for time is required. a request must he recei\ed by OOOT at least ..\.5
d:I'.S prill!" tl) the expiration d:ltc_
Page \; of 17
Misc. Contracts and Agreements
Agreement No.24413
Rural and Small Urban An:as (5311) Vehicle Preventive Maintenance
Exclusions: \Iaintenance in this Grant Agreement will not include repairs resulting from motor
\ chicle accidents, or repairs charged to warranty or service agreements, or that are otherwise
paid for in other grants or contracts. Maintenance reimbursed in this Grant Agreement is only for
\ d1ides providing transportation services to the general public or special publics such as seniors
,md people with disabilities. This agreement does not allow maintenance for staff vehicles,
\'ehl\:les used for husiness of the agency, or maintenance vehicles.
Page 1-+ of 17
Misc. Contracts and Agreements
Agreement No.2..1A 13
Rural and Small Urban Areas (5311) Vehicle Preventive Maintenance
EXHIBIT B
FINANCIAL INFORMATION
The infonnation below will assist auditors to prepare a report in compliance with the
rl:quirements of the Otlice of Management and Budget (OMB) Circular A-133.
This grant is tinanccd by the funding source as indicated below:
---- -_._~._--~~
Federal Program Total Federal Funding
Title $10,76~.OO
! Federal Funds Available through:
49 U.S.c. ~ 5311 Program
Federal Catalogue Number
20.509
,
,
Federal Funding Agency State Funding Agency
U.S. Department of Transportation Oregon Department of Transportation
Federal Transit Administration Public Transit Division
Region X, Suite 3142 Mill Creek Building
Federal Building 555 13th Street NE, Suite 3
915 Second A \"enue Salem, OR 97301-4179
Seattle. W A 98174 - ..------ ----- "-
------ .--. - - _.~-_.__..._- - _u..____
Page I:' llf 17
Misc. Contracts and At,'Tcements
Agreement No.24413
Rural and Small L:rban Areas (5311) Vehicle Preventive ivtaintcnance
EXHIBIT C
ODOT Public Transit Division
2005-2007 Fleet Preservation
Reimbursement Invoice
Agency:
_ CitY_Qf \V oodh!!E!!..._ ___.______~__ _
J\greement No.
24413 FEIN (Federal tax 10 No.):
This Payment Covers: Quarter!Month(s):
Fiscal Y car:
: Origi~~al Grant Amount $
rrrior Payments $
I-Bal~nce of Grant --
$
L{!3eginning of Quarter)
I Total Expenses this period -~
$
I
r $
I Match (I )
,___ __m ___ _____________
Source 0 f Match:
I
I
l--- - ~ ~_. ------- -- --- ----~----
I Other (Expldll1) I I
! - __~ - ____ ~~_ =-_~I--=-==~=-____ I
rotal Reimhursement: r $ -l
B-;L~;1~e ofG~ant(EI1l1~)(1-s-- ---------1
Q_u_'!l.ter) _ _~___ _ _ __n ___.J
( I) Attach docull11:ntation of in-kind match.
r ------ --- ---------- - ~ -___ ~.._ ~~___ _____ ___ ._______
I (_~o.12!r,~~i~!l~)Pllortul~i0e~thi~pgio0 (21 ___ 1-5__
Cllntracting opportunities to Disadvantaged ! S
~usilll:ss El~!.:Tpl~~JD~~) tirms L~L _ _ _ L ___n_ __ mH____---'
I ~) T) pe dl1d dollar alllount uf contracting oppurtunity entered into this period.
(~> f)-pe (lfoppprtunity and namc ofDE3F tirm(s).
I cl.'rtify that this rCljucst IS accurate and IS !lut being billed in any uther grant l)r contract:
\utlwri/l'd .\g~'I1CY Signature
Oak
I~ pc (Il" Print '\j,1l11C llf .\utlwri/I..'d .-\gl..'ncv Signatun:
Phunc ~ umber
P~igclhnfl7
)'vlisc. l'tmtracts and Agn':l'l11Cnh
Agn:ement No.2441:1
Rural and Small Urban Areas (5311) \'ehide Prc\l.:ntin~ Maintl'llance
Attachment 1: Reimbursement Request - Preventive l\laintenance
Pnnider :\ame
I
I
I
City of Woodburn I Date:
! --'---~----~-------~--------r--
I
_ _1._
_..1 ,,_
J
Reimhursement Period
!3rief Description of Maintenance
~--~ -----r------
, I
Ii
, I
Quantity I Charge
~I
-t-- ------
-----+----- ~
r--
I
\'ehide IDs (Last 5 digits of \'1;\ # or
~~cnc~_,!~~lcd 110.2
I Total Charges
I
,
-t--- -- n
+- ~
+-- -~ ~
I
i
- - - ----!----
i
I
I
-t--
1
-----r-
I
- -------r-
i
------+ -- ---
i
-- -I
I
-"- -- ---T--
Total Charo-es *
--- -~----
i
---- - ------- --l
r
I
)
- _. __._~. __ ____..n ______.____._. _~ . ~+--
---- -_____.. _____ -----.---L
$
--P'itl';-
I
r
-+-h~lutal Llla~:ge:--'-;n~~t--l~~;tc l~ti;:~lmu-~l~ll requestcd-i -
on E\.hihll "l" !
Signature'
"I certify that this billing is al:curate and that these
charges are not being billed to any other grant and are
not bein reimbursed from any other source."
Page 17 of 17
..r'~"
~.~~
~7...~rrr .' 1.44
~ ,...~
WOODBURN
{ " ( J r I' ~ , J , t J ,!J ~ .,
1J/,,~_ A ~ lIE
r~~ ,~
.
.
August 13, 2007
TO: Honorable Mayor and City Council through City Administrator
VIA: G. S. Tiwari, Public Works Director W-- .1,.,
FROM: Randy Rahman, Public Works Program Manager _r.:j ~ c--
SUBJECT: OOOT Capital Grant Agreement for Purchase of Paratransit Van
RECOMMENDATION: Approve the attached resolution entering into OOOT
Grant Agreement No. 24414 with the State of Oregon for capital purchase
assistance for a new paratransit van and authorizing the City Administrator to
sign the agreement on behalf of the City.
BACKGROUND: The City has, in the past, received capital assistance for transit
vehicles from the Federal Transit Administration's Section 5310 Elderly and
Persons with Disabilities Program. These federal funds are administered by the
Oregon Department of Transportation. The City applied to OOOT Public Transit
Division through a review process at the Salem Transit District for a grant to fund
replacement of a 1998 Ford paratransit van that is in fair to poor condition.
The City applied for the capital grant to replace this van in January 2007
through Salem Transit District. Reviewing funding availability and that this
request was ranked lower than competing grants in the process at Salem Transit
District, staff felt that the chance of receiving funding for the capital grant
request for the van was low and elected not to include the capital replacement
as part of the budget process. In June 2007, however, the City was notified that
its application had been selected for funding.
The request received a higher score than anticipated in the ODOT statewide
S:Jrant review process and the City received notice in late June 2007 that the
replacement van request had been approved. The award notice was
received too late to modify the budget and an equipment replacement
request was not included in the recently approved 2007-2008 budget. The
qrant is for a two-year period and the expiration of the grant does not occur
'J'.til JI_':,e 30, 2G09, Delivery of such vans normally takes about six months after
,m mder is placed,
.-\. jf:;r<.ju tern ~e,/i,::::w:
,I
~/~
City Admin;~tr()tor ~~~.. ..
Po "
City Attorr;ey 1 ,'_ _j
Finance &
56
Mayor and City Council
August 13, 2007
Page 2
.
.
DISCUSSION: This agreement provides a better match ratio than has been
standard for some of these agreements. The City match is 10.27% and this
agreement provides for up to $55,633 in assistance for the purchase of a
paratransit van. The City will provide up to $6,637 in matching funds for the
purchase. City matching funds will be available in the transit equipment
replacement fund.
This capital purchase, however, is not included in the FY 2007-2008 budget. This
capital grant allows the City to replace a 1998 model year van that is reaching
the end of its service life. The van has been experiencing some mechanical
problems but is still operational and is not expected to require immediate
replacement. Given the existing van's condition along with the anticipated six
month delivery time for the new van, staff feels that consideration of the need
to budget for this purchase can be delayed until it can be considered as part of
the mid year budget review. With the six-month delivery time the van would
probably not be delivered until FY 2008-2009 if approved at the mid year review.
Staff will review vehicle condition and may ask City Council to authorize the
ordering of the van pending final budget authorization for the purchase during
the mid year review.
The agreement is similar in content to past capital grant agreements that the
City entered into with ODOT. The City Attorney has reviewed the agreement.
Staff recommends that the resolution authorizing the City Administrator to sign
the agreement on behalf of the City be approved.
FINANCIAL IMPACT: City matching funds, in the amount of $6,637, will be
available in the Equipment Replacement Fund from carryover and budgeted
transfers and no additional revenue funding will be required. The capital
purchase funded by this capital grant will need to be included in the Transit
portion of the equipment replacement budget.
57
COUNCil Bill NO.
RESOLUTION NO.
A RESOLUTION ENTERING INTO GRANT AGREEMENT NO. 24414 WITH THE STATE
OF OREGON AND AUTHORIZING THE CITY ADMINISTRATOR TO SIGN SUCH
AGREEMENT.
WHEREAS, the State of Oregon acting through the Oregon Transportation
Commission is authorized to enter into agreements and disburse funds for the purpose of
supporting public transportation pursuant to ORS 184.670 to 184.733, and
WHEREAS, the City of Woodburn has applied for federal public transportation
capital purchase assistance funds under Title 49, United States Code, Chapter 5310,
Elderly Persons and Persons with Disabilities Program, and
WHEREAS, the State of Oregon, Department of Transportation, has been
designated to evaluate and select recipients of assistance from federal funds available
under the Small City and Rural Areas Program, to coordinate grant applications and to
administer the disbursement of the federal assistance, and
WHEREAS, the State of Oregon, Department of Transportation, has approved
$55,633 in capital purchase assistance funds for the City of Woodburn to be used in
support of public transportation, NOW THEREFORE;
THE CITY OF WOODBURN RESOLVES AS FOllOWS:
Section 1. That the City of Woodburn enter into Grant Agreement No. 24414,
which is affixed as Attachment "A" and by this reference incorporated herein, with the State
of Oregon acting by and through its Department of Transportation to secure federal funds
through Title 49, United States Code, Chapter 5310 for the purpose of supporting public
transportation _
Section 2. That the City Administrator of the City of Woodburn is authorized to sign
said agreement on behalf of the City,
'. ~ ' .- ~ ; .--: = ~.~
'< r - ~ '\ ~ (---,
. ~ L .....~ _ i '.-' .
:::: =:.so~~]'-..-' =~J:J :;0.
58
Approved as to form:
[-Yi 'l'vo .~
City Attorney
~8 '0 1GI)r
APPROVED:
Kathryn Figley, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant, Recorder
City of Woodburn, Oregon
.t-;~ ,~~~~.:;--~_=-~ J=~_.~. ::;0.
/ ~:: s ~~, ~J ~j ~: \--.:' :'1 ~' ; ,J .
59
ATTACHMENT "A"
Due to the length of the attachment, it has
not been included in the Council packet.
The attachment will be available for review
at Public Works or at the Council meeting.
s~ r;)/lN~)lltl ,P ctf-€~-'~ $I.-J 11\ f2..r.....f
60
Misc. Contracts and Agreements
Agreement No. 24414
(5310) Capital- Vehicle Purchase
PUBLIC TRANSIT DIVISION
OREGON DEPARTMENT OF TRANSPORTATION
STATE GRANT AGREElvlENT NO. 24414
THIS AGREEMENT is made and entered into by and between THE STATE OF OREGON,
acting by and through its Department of Transportation, hereinafter referred to as "State," and
City of Woodburn hereinafter referred to as "Recipient." Recipient enters into this Agreemcnt
with State to secure financial assistance to complete the activities described in Exhibit A,
hen:inatkr referred to as the "Project:' attached hereto and by this refcrence madc a part hereof.
RECITALS
1. By the authority granted in Oregon Revised Statutes (ORS) 190.110 and 283.110, state
ageneies may enter into agreements with units of local government or other state agencies for
the performance of any or all functions and activities that a party to the agreement, its officers,
or agents have the authority to perform. The State of Oregon acting through the Oregon
Transportation Commission is authorized to entcr into agreements and disburse funds for the
purpose of supporting public transportation pursuant to ORS 184.670 to 184.733.
2. This Agreement is based upon, and is subject to, ORS, Oregon Administrative Rules (OAR),
and Federal Transit Administration (FT A) regulations such as those contained in ORS
323.455, ORS 391.800 through 391.830 and FTA Circular 9070.1F including all associated
reterences and citations. From time to time these laws, rules and regulations may be
amended; and State reserves the right to amend this Agreement if it is affected. State will
provide thirty days notice of impending changes and will prepare a supplemental agreement
incorporating the changes to be executed by the parties.
NOW THEREFORE, the premises being in general as stated in the foregoing recitals, it 1S
agreed by and between the partil.:s hereto as follows:
TERMS OF AGREEl\IENT
1. Estimated total Project cost is $62,000.00 Maximum allowable reimbursement shall bc
either 89.73% of allowable costs or $55,633.00, whichever is less.
2. This Agreement shall begin on July 1, 2007 and shall expire, unless otl1t:rwise terminated,
on June 30. 2009.
3. The following documents. Agreement Ohligations and General Provisions, Exhibit A:
Project Description and Budget and Exhibit B: Financial Information are attached hereto
and by this reference made a part of this Agreement. The following document is incorporated
hy rctt:rence: Fiscal Y car 2007 Annual List of Certifications and Assurances for FT A
Grants and ('oopcl'ativc .\greemcnts. These certifications and assurances arc used in
connectiol1 with all Federal a~sistal1ct.' programs administered by FTA. during Fedl.:ral Fiscal
Year 2()()~. Thc...;c certiticati\lJ1s and a~~ural1ccs include all annual certifications required by 49
l.S.C. ~ :'.\ 1 () Elder]: Per'iOl1S and Per~ons with Disahilities Prugram.
P,lgC 1 of 14
Misc. Contracts and Agreements
Agreement No. 24414
(5310) Capital- Vehiele Purchase
SIGNATURE PAGE TO FOLLOW
Pclge 2 of 14
Misc. Contracts and Agreements
Agreement No. 24414
(5310) Capital- Vehicle Purchase
IN WITNESS WHEREOF, the parties have set their hands as of the day and year hereinafter
\vri tten.
The Oregon Transportation Commission on June 18, 2003, approved Delegation Order No.2,
which authorizes the Director to approve and execute agreements for day-to-day operations when
the work is related to a project included in the Statewide Transportation Improvement Program or
a line item in the biennial budget approved by the Commission.
On March l~, 2004, the Director approved Subdelegation Order No. 14, which delegates the
authority to conduct the following day-to-day operations to the Public Transit Division
Administratllr:
f:'xecllte Oregon Transportation Commission intergovernmental agreements and grants
for special payments to local governments and other non-profit units and operators of
public transportation services for disbursement of state and federal funds for public
transit programs. The Division Administrator will maintain a listing of all
intergovernmental agreements and grants and submit a quarterly report to the OTe.
City of Woodburn
270 Montgomery Street
Woodhurn, Oregon 97071
Oregon Department of Transportation
Public Transit Division
555 13th St. NE, Suite 3
Salem, Oregon 97301-4179
Signature (Legally designated representative)
Michael R. Ward
John Brown
Name (Printed or typed)
Date
Administrator
Title
Date
City Administrator
Title
Recipient's Legal Counsel
(Ifrequircd in local process only)
;\lame (Printed or typed)
Title
Date
[l,lge 3 of 14
Misc. Contracts and Agreements
Agreement No. 24414
(5310) Capital- Vehicle Purchase
Agrccment Oblieations and General Proyisions
I. RECIPIENT OBLlCA TIONS
A. General Requirements
I. Recipient shall conduct activities in accordanee with Exhibit A, Project Description
and Budget. Recipient shall notify State in writing of changes in the Project prior to
perfonl1ing any changes and will not perform any changes to the Project listed in
Exhibit A without specific written approval from State.
7 Recipient shall make purchases of any equipment, materials, or services pursuant to
this Agreement under procedures consistent with OAR Chapter 125 for the Oregon
Department of Administrative Services and ORS and in conformance to FT A Circular
4220.1 E, Third Party Contracting Requirements, ensuring that:
a. all applicable clauses required by Federal Statute, executive orders and their
implementing regulations are included in each competitive procurement;
b. all procurement transactions are conducted in a manner providing full and open
competition;
c. procurements exclude the use of statutorily or administratively imposed in-state or
geographic preference in the evaluation of bids or proposals (with exception of
locally controlled licensing requirements);
d. contracts will not exceed a period of five years without prior approval of FT A: and
Recipient is responsible for submission of any draft sub agreements and contracts
associated with this Agreement to State for review and approval. Best Practices
Procurement Afanual. a technical assistance manual prepared by the FT A, is available
Oil the FT A websih:. < \V W\V :..<fta.ili21.l:!'uv>.
3. Recipient agrees to comply with all federal, state, and local laws, regulations,
executive orders and ordinances applicable to the work under this Agreement,
including. without limitation, the provisions of ORS 279B.220, 279B.225, 279B.230,
279B.235 and 279B.270, which hereby are incorporated by reference. Without
limiting the generality of the foregoing, Recipient expressly agrees to comply with (i)
Title VI of Civil Rights Act of 1964; (ii) Title V and Section 504 of the Rehabilitation
Act of 1973~ (iii) the Americans \vith Disabilities Act of 1990 and ORS 659A.142; (iv)
all regulations and administrative rules established pursuant to the foregoing laws; and
(\) all other applicable requirements of federal and state civil rights and rehabilitation
statutes. rules and n:gulations.
P.lge 4 of 14
Misc. Contracts and Agreements
Agrcement No. 24414
(5310) Capital- Vehicle Purchase
4. Recipient shall maintain all required records f()r at least three years aftcr State's final
payment.
5. To receive reimbursement as described in Section II, Paragraph A, of this Agreement.
Recipient shall submit quarterly progress reports. Reports shall include a detailed
statemcnt of revenues and expenditurcs for each quarter, including documentation of
111ca1 match contributions. State reserves the right to request such additional
int()rmation as may be nccessary to comply with federal or state reporting
requirements.
The reporting periods are based on the state fiscal year. Quarter 1 is July through
Septembl.:r. Quarter 2 is October through December. Quarter 3 is January through
March. Quarter 4 is April through June. Reports are due to State, Public Transit
~ivision, 555 13th St. NE Suite 3, Salem OR 97301 no later than 45 days after the last
day of the quarter.
6. Recipient shall defend, save and hold harmless the State of Oregon, including the
Oregon Transportation Commission, State, and their members, officers, agents, and
employees from all claims, suits, actions of whatsoever nature resulting from or
arising out of the activities of Recipient or its subcontractors, agents or employees
under this Agreement. Recipient shall not be required to indemnify State for any such
liability arising out of negligent acts or omissions of the State of Oregon, its
employees, or representatives. This provision is subject to the limitations, if
applicable, set forth in Article XI, Section 10 of the Oregon Constitution and in the
Oregon Tort Claims Act, ORS 30.260 to 30.300.
7. Notwithstanding the foregoing defense obligations under the paragraph above, neither
Recipient nor any attorney engaged by Recipient shall defend any claim in the name of
the State of Oregon or any Agency of the State of Oregon, nor purp01t to act as legal
represl.:ntative of the State of Oregon or any of its agencies, without the prior written
consent of the Oregon Attorney General. The State of Oregon may, at anytime at its
election assume its own defense and settlement in the event that it determines that
Recipient is prohibited from defending the State of Oregon, or that Recipient is not
adl.:quately defending the State of Oregon's interests, or that an important
governmental principle is at issue or that it is in the best interests of the State of
Oregon to do so. The State of Oregon reserves all rights to pursue any claims it may
havl.: against Recipil.:nt if the State of Oregon elects to assume its own defense.
8. Recipient shall pert(mn the services under this Agreement as an independent
contractor and shall be exclusivdy responsible for all costs and expenses related to its
employment of individuals to perfonn the work under this Agreement, including but
not limited to rctirl.:mcnt contrihutions, workers' compensation. unemp1oyml.:nt taxes,
and stak and t~ueral income tax withho1dings.
I). All I.:mploYl.:rs, including Recipient. that employ subject workers who work under this
\grcemcnt in till.: State of Oregon shall cumply with ORS 656.017 and proviue thl.:
required \\\)rkers' C\m1pensation coverage unless such I.:mployers are exempt under
ORS 65(1.12(). Recipient shall ensure that I.:aeh of its subcontractors complies with
thl.:sl.: reL[uirI.:l11I.:nts.
Page 5 of 14
Misc. Contracts and Agreements
Agreement No. 24414
(5310) Capital- Vehide Purchase
10. Rel:ipient acknowledges and agrees that the Federal Government, absent express
written consent by the Federal Government, is not a party to this Agreement and shall
not he suhject to any obligations or liabilities to the Recipient, contractor or any other
party (whether or not a party to the AbTfeement ) pertaining to any matter resulting
from the underlying Agreement.
11. Recipient" s officers, employees, or agents shall neither solicit nor accept gratUIties,
favors, or anything of monetary value from contractors, potential contractors, or
parties to subagreements. No member or delegate to the Congress of the United States
or State of Oregon employee shall be admitted to any share or part of this Agreement
or any henefit arising therefrom.
12. In aCl:cpting this Agreement, Recipient certifies that neither Recipient nor its
principals is presently debarred, suspended, or voluntarily excluded from this
federally-assisted transaction, or proposed for debarment, declared ineligible or
voluntarily excluded from participating in this Agreement by any state or federal
Agency. Recipient must provide notice to State if at any time it learns that this
certification is erroneous when submitted or if circumstances have changed (new
personnel, indictments, convictions, etc.).
13. Recipient shall permit State, the Secretary of State, the Comptroller General of the
United States, the US Department of Transportation, or their authorized representative,
upon reasonable notice, to inspect all vehicles, real property, facilities, equipment
purchased by the Recipient as part of the project, and/or transportation services
rendered by Recipient, subrecipient and/or any subcontractor acting on behalf of the
Recipient. Recipient shall permit the above named persons to audit the books, records,
and al:counts of Recipient relating to the project.
14. Recipient shall complete all purchases of propeliy or equipment prior to the expiration
date of this Agreement. If local circumstances prevent the purchase by the specified
date. at least 45 days prior to the expiration of the Agreement, the Recipient will notify
State in writing of the delay and provide a reason for the delay. Contract amendment
li:H time will be considered in extenuating cireumstances.
15. Recipient shall he shown as either the owner on the equipment title or if Recipient
contracts the operation of the vehicle(s) to a third party then the third party may be
shown as the owner or lessee with the Recipient listed as the second security interest
holdl:r l)r lessor. In alll:ases Statl.: shall he shown as the first security interest holder on
the \ l:hicle title. If Recipient fails to show State as the first security interest holder,
Recipient shall pay any expenses to re-submit the necessary documents to Driver and
\Iotur \'chicle Services (DMV).
16. Rl'cipimt shall hear the cost of insuring \ chicles purchased under this Agreement
hased on risk asscssment. Recipient shall maintain, in amounts and fonn satisfactory
t[\ State. such insurance ur sdf-insuralKe as will be adequate to protect Recipient.
\chiclc dri\ ers and ~lssistants, \ehicle occupants. and protect I.:quipment through thc
penod \) t lIse _ .\ t a min i mum, this shall i ncl ude comrrd,l.:nsi \c and eo llisioll i IlSLlrance
P ,lge 6 of 14-
Misc. Contracts and Agreements
Agreement No. 24414
(5310) Capital- Vehicle Purchase
adequ;1te to repair or replace property and equipment if damaged or destroyed, liability
insurance of S50,OOO for property damage, S200,000 for bodily injury per person,
$500,000 bodily injury per occasion, uninsured motorist protection, and personal
injury protection as required by ORS Chapter 806. Recipient shall be responsible for
all deductiblcs or self-insured retention. Recipient shall include the Oregon
Department of Transportation, Public Transit Division as "Additional Insured."
17. Recipient shall submit an annual vehicle inspection report to the State, Public Transit
Division. Vehicle inspections shall be conducted by a vehicle maintenance technician
certified by a nationally recognized organization in the fidd of vehicle service and
maintenance. Reports shall be submitted on forms covering required areas of
inspection provided by State, Public Transit Division.
18. Any Recipient of grant funds, pursuant to this Agreement with State, shall assume sole
liability for that Recipient's breach of the conditions of this Agreement, and shall,
upon Recipient's breach of conditions that requires State to return funds to the FT A,
hold harmless and indemnify State for an amount equal to the funds received under
this Agreement; or if legal limitations apply to the indemnification ability of the
Recipient of grant funds, the indemnification amount shall be the maximum amount of
funds available for expenditure, including any available contingency funds or other
available non-appropriated funds. up to the amount received under this Agreement
B. Audit Requirements
1. Recipients receiving Federal funds in excess of $500,000 are subject to audit
conducted in accordance with Office of Management and Budget (OMB) Circular A-
133, Audits of States. Local Governments, Non-profit Institutions. Recipient, if
affected by this requirement, shall at Recipient's own expense, submit to State, Public
Transit Division, 555 13th St. NE, Suite 3, Salem, OR 97301-4179, a copy of its A-
133 annual audit covering the funds expended under this Agreement and shall submit
or cause to be submitted, the annual audit of any subcontractor of Recipient
responsible for the financial management of funds received under this Agreement
')
Recipients receiving less than $500,000 in Federal funds shall, at Recipient's own
expense, submit to State, Public Transit Division, 555 13th St NE, Suite 3, Salem, OR
')7301-4179, a copy of any annual audit covering the funds expended under this
Agreement by Recipient or any subcontractor of Recipient receiving funds as a result
of this Agrel.:mcnt: <:lI1d a copy of the managem<:nt ktter and any r<:port that
accompanies the annual audit covering the funds expended under this Agreement.
]. Recipient shall save. protect and hold hannless State from the cost of any audits or
~pl.:cia1 il1\estigations performed by the Orl.:gon Secretary of State's Audits Division in
responsl.: to allcgatinns with respect to the funds expended under this Agreement.
Recipient's liability for any costs incurred under this provision is not limited to the
grant amount ddined by the TemlS of Agreement, and is binding whether or not the
allcgatil1ns arl' substantiated. It is also mutually agreed and understood that any audit
co~ts incurred as ~l result \If allegations of fraud, waste llf abuse are ineligible for
relmhursement under thiS \)1' any uther agreel11ent bct\\cen Rl.:eipient and State.
P,lge 7 of 14
Misc. Contracts and Agreements
Agreemcnt No. 24414
(5310) Capital- Vehicle Purchase
C. Other Federal Requirements
One of the principles of contracting with Federal funds received indirectly from the FT A
is recognition that, as a condition of receiving the funds, certain spccific requirements
must be met not only by the Recipient, but also by any subrecipients and contractors. To
thc extent applicable, Federal requirements extend to the third party contractors and their
contracts at every tier and subrecipients and their sub agreements at every tier. Thc specitic
requirements for particular grant funds are found in the Master Agreement that is signed
and attested to by State. This Mastl:r Agreement is incorporated by reference and made
part of this Agreement. Said Master Agreement is availab1c upon requl:st from State by
calling (503) 9X6-3300 or accessing the FTA wehsite:<www:fta.dot.gov>.
The following is not a complete list of Federal requirements. Rather it is a summary of
various primary requirements associated with the type of transaction covered by this
Agreement.
I. Recipient shall comply with Title VI of the Civil Rights Act of 1964 (78 State 252, 42
U.S.c. S 2000d) and the regulations of the United States Department of Transportation
(49 CFR 21, Subtitle A). Recipient shall exclude no person on the grounds of race,
religion, color, sex, age, national origin, or disability from the benefits of aid received
under this Agreement. Recipient will report to State on at least an annual basis the
following information: any active lawsuits or complaints, including datcs, summary of
allegation, status of lawsuit or complaint induding whether the parties entered into a
consent decree.
2. Recipient shall comply with FT A regulations in 49 CFR 27 Nondiscrimination on the
Basis of Disability in Programs or Activities Receiving Federal Financial Assistance
which implements the Rehabilitation Act of 1973, as amended, the Americans with
Disabilities Act of 1990,49 CFR 37, and 49 CFR 38.
3. Recipient shall comply with 49 CFR 663 regarding pre-award and post-delivery
reviews. Every Recipient who purchases rolling stock and/or facilitics must certify that
a pre-award and post-delivery review has bcen conducted in accordancc with FT A
requirements. This review ensures compliance to bid specitications induding seismic
considerations, Buy America requirements when purchase is over $100,000 and
Federal Motor V chicle Safety Standards as applicable to the type of project.
4. Recipient shall comply with 49 CFR 37.77(c) ~lI1d 49 CFR 37.105 regarding
"Equivalent Service Standard:' [f non-accessible vehicles are being purchased for use
by a public entity in demand responsive service for the general public, State will
obtain from the subrecipient the required certitication which states that \vhen viewed
in its entirety the public entity's demand responsive service offered to persons with
disahIlities, including persons who use wheelchairs, meets the standard of equivalent
sen Ice.
Recipient shall cnmp1y \\ith the fnllowing senice prO\ isions, as appropriate:
d. \1,lIntL'nancc of acccssihle 1l:atun:s
Page 8 of 14
Misc. Contraets and Agreements
Agreement No. 24414
(5310) Capital- Vehicle Purchase
b. Proc\.:dures to \.:nsure lift availability
c. Lift ~ll1d seeurement use
d. Announcements on vehicles of stops on fixed-route systems
e. Vehick identitication system
f Service animals
g. USI.: of accessibility features
h. Public infonnation:eommunication
1. Lift deployment at any designated stop
J. Service to persons using respirators or portable oxygen
k. Adequate time for boardingldeboarding
1. Training
5. Recipient has, to the maximum extent feasible, coordinated with other transportation
providers and users, including social service agencies authorized to purchase transit
service.
6. Recipient will correct any condition which State or FT A believes "creates a serious hazard
of death or injury" in accordance with Section 22 of the Federal Transit Act, as amended.
7 _ Recipient will comply with the applicable provisions of 49 CFR 26 related to
Disadvantaged Business Enterprises and report quarterly to State. Each contract Recipient
signs with the contractor (and each subcontract the prime contractor signs with a
subcontractor) must include the following assurance:
The contractor, suhrecipiellt or subcontractor shall not discriminate on the basis
of race, color. national origin, or sex in the performance of this contract. The
('onrractor shall earn' out uI7p/icah/e requirements ol4c) CFR 26 in the mvard and
administration of State-assisted contracts. Failure b.Y' the contractor to carry' out
these requirements is (/ I/luterial hreach (~f this contract, \\hich may result in the
terminatioll of rhis CU/ltrue! or such other rCll1e(~)', as the Recipient deems
appropriate.
:\ Recipient and contractors reCel\ ing in excess of S 1 00.000 in Federal funds must certify to
State that they have not and \vill not use Federal funds to pay for influencing or att\:mpting
to intluence an office ill' emplllyee llf any Federal depaltmcnt or :\gency. a member of
Cllngress. l)r an c1l1p1llyee of a 1l1e1l1bcr of C\l!lgress in connection \vith obtaining any
Fcdnal grant. coolkTati\1.: agrecment or any othcr Federal award_ If non-kderal funds
ha\ I.: been used to support ll\hhy ing acti\ities in connection with the project Recipient
P.lgc9of14
Misc. Contracts and Agreements
Agreement No. 24414
(5310) Capital- Vehicle Purchase
shall compkk Stimdard Form LLL. IJisc!oslIre Form to Report Lohhyillg and submit the
fonn to State at the end of each calendar quarter in which there occurs an event that
requires disclosure. Restrictions on lobbying do not apply to intluencing policy decisions.
Examples of prohibited activities include seeking support for a particular application or
bid and seeking a congressional earmark.
II. STATE OBLIGATIONS
A. State shall reimburse eligible costs incurred 111 carrY1l1g out the Project subject to the
amounts shown in the Tenns of Agrl.:ement.
B. State certifies, at the time this Agreement is executed, that sufficient funds are available
and authorized for expenditure to finance costs of this Agreement within State's current
appropriation or limitation of the current biennial budget.
C. State reserves the right to withhold payment of funds if there are unresolved audit
findings, or inadequate information concerning Recipient's activities. State reserves the
right to reallocate any portion of the Agreement amount which State reasonably believes
will not be used by Recipient within the Terms of Agreement.
III.GENERAL PROVISIONS
A. This Agreement may be terminated by mutual written consent of both parties. State may
terminate this Agreement, in whole or in part, effective upon delivery of written notice to
Recipient, or at such later date as may be established by State, under any of the following
conditions.
1. If Recipient fails to provide services called for by this Agreement within the time
specifitll herein or any extension thereof; or
2. If Recipient fails to perfOlm any of the other provisions of this Agreement, or so fails
to pursue the work as to endanger performance of this Agreement in accordance with
its terms, and after receipt of written notice from State fails to correct such failures
within 1 () days or such longer period as State may authorize; or
3. If State fails to receive funding, appropriations, limitations or other expenditure
authority sufficient to allow State, in the exercise of its reasonable administrative
discretion, to continue to make payments for pertlmnance of this Agreement; or
4. The reLjuisite local funding to continue the Project becomes unavailable to Recipient;
or
). Federal or state laws, rules. regulations or guidelines arc modified or interpreted in
such a \\ay that the activities described in Exhibit A of the Agreement are no longl.:r
all(1\\~lbk or 110 longer eligible for funding proposed by this Agreement; or
pJve 1C of 14
b
Misc. Contracts and Agreements
Agreement No. 24414
(5310) Capital- Vehicle Purchase
(). The project wuuld not produce results commensurate with the further expenditure of
funds; or
7 _ Recipient takes any action pertaining to this Agreement without the approval of State
and which under the provisions of this Agreement would have required the approval of
State: ur
:>So The commencement, prosecution, or timely completion of the Project by Recipient is,
for any reason, rendered improbable, impossible, illegal; or
9. Recipient is in default under any provision of this Agreement.
R. Any termination of this Agreement shall not prejudice any rights or obligations accrued to
the parties prior to tennination.
C. Recipient shall keep proper and complete books of record and account and maintain all
fiscal records related to this Agreement and the Project in accordance with generally
accepted accounting principles, generally accepted governmental accounting standards
and state minimum standards for audits of municipal corporations. Recipient shall ensure
that each of its subrecipients and subcontractors complies with these requirements.
Recipient acknowledges and agrees that State, the Secretary of State's Office of the State
of Oregon, the federal govemment, and their duly authorized representatives shall have
access to the books, documents, papers, and records of Recipient which are directly
pertinent to the specific Agreement for the purpose of making audit, examination,
excerpts. and transcripts for a period of three years after final payment. Copies of
applicable records shall be made available upon request. Payment for costs of copies is
reimbursable by State.
D. This Agreement may be revised or amended by a supplemental written agreement between
the parties and executed with the same formalities as this Agreement.
E_ This Agreement may be executed in several counterparts [facsimile or otherwise] all of
which when taken together shall constitute one agreement binding on all parties,
notwithstanding that all parties are not signatories to the same counterpart. Each copy of
this Agreement so executed shall constitute an original.
F _ This Agreement and attached exhibits 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 tenns of this Agreement shall bind either party unless in writing
and sigm~d by both parties and all necessary approvals have been obtained. Such waiver,
('~\nsenL modification or change, if made. shall be etfective only in the specitic instance
and for the specitic purpose given_ The failure of State to enforce any provision of this
Agreement shall not constitute a waiver by State of that or any other provision.
PJge 11 of 14
Misc. Contracts and Agreements
Agrecment No. 24414
(5310) Capital- Vehicle Purchase
EXHIBIT A
PROJECT DESCRIPTION AND BUDGET
I' Pr~ject BI~dget------ITot;1 Proj~~-t[Local Share I Source of
1 " l: Local Match
Vehide P;;reha~e _ P02JlO(). $(,)~7_~_1ocal fuods
TOTALS S62.000 $6,367
_~ ~ ___ J_ ~ __ ""--- _ - -- - ~ -
Agreement
Amount
$55,633
--
$55,633
Project Description/Scope of Work
The sole purpose of this Grant Agreement is to provide funding to purchase the following vehicle
to support transportation of the general public and elderly and people with disabilities.
Vehicle Purchase: Purchase one (l) medium light-duty vehicle with approximately 12-14
ambulatory seats and two (2) securement stations and all equipment and supplies necessary to put
the vehicle into service. Associated costs incurred from the procurement process, delivery
charges, and post-delivery inspections arc included in the reimbursable expenses associated with
this Grant Agreement.
For replacement purchases, the following vehicles have been approved for replacement to receive
funds for purchase in this Grant Agreement:
License Plate No.
E205512
Vehicle Identification No.
IFDXE40S 1 WHC03218
V ehicle Year/Make/Model
1998 Ford Small Bus
If ReCIpient does not purchase from the State Price Agreement contracts, any Requests for
Proposals (RFP) to procure vehicles must he reviewed and approved by State prior to ordering.
Reporting Requirements: Recipient, by signing this Grant Agreement, will provide report
information as prescribed by OOOT on these vehicle(s) as long as they remain in public
transportation service. If a vchicle is transferred to another provider for public transportation,
Recipient agrees to notify OOOT if usefu11ife standard has been met and title has been released
h; ODOT. If OOOT retains title, Recipient must request pennission to transfer a vehicle prior to
its meeting federal useful life standards_
Invoice Requirements: Submit a cover letter documenting the total expenses for the deliverables
during the period con.'red. Copies of invoices must be submitted for all vendor charges.
Certification forms attesting to pre-award and post-delivery requirements must be provided
regarding Purchaser's Requin~ments. Buy Aml.:rica. and Federal Motor Vehicle Safety Standards
and A1toona Bus resting Certitication. Signature of the agency's designated representative is
rCLjuired.
P.lge 12 of 14
Misc. Contracts and Agreements
Agreement No. 24414
(5310) Capital- Vehicle Purchase
All purchases ami installations must be completed prior to the expiration date of this Grant
Agreement. If an extension for time is required, a request must be received by ODOT at least 45
days prior to the expiration date.
On any non-accessible vehicle purchase, a Certificate of Equivalent Service must be submitted
prior to final payment.
Expected order date: November 2007.
Expected delivery date: May 2008.
Page 13 of 14
Misc. Contracts and Agreements
Agreement No. 24414
(5310) Capital- Vehide Purchase
EXHIBIT B
FI:-.lANCIAL INFORMATION
Thl.: infonnation below will assist auditors to prepare a report in compliance with the
reyuirements of the Office of Management and Budget (OMB) Circular A-133.
rhis grant is financed by the funding source as indicated below:
Federal Pro~ram Total Federal Funding
. Title $55,633.00
Federal Funds A vai1ahle thruugh:
49 U.S.C. ~ 531 () Capital rrugram
Federal Catalogue Number:
, 20.513
i
-----.--
Federal Funding Agency
U. S. Department of Transportation
Federal Transit Administration
Region X, Suite 3142
Federal Building
. 915 Second Avenue
I
, Seattle, W A 98174
1._ __~___.__~_
State Funding Agency
Oregon Department of Transportation
Public Transit Division
Mill Creek Building
555 13th Street NE, Suite 3
Salem, OR 97301-4179
P,lgc 14 of 14
~:.f-"-'~-4-'
~~N~TTH.4~
~J1'1t!:.~
WOODBURN
1J/iI~_ J ~ IlF
r~~
[rt~Jr[l~'~1ttJ '!'!l~
.
.
August 13, 2007
SUBJECT:
Honorable Mayor and City Council through City Administrator
G. S. Tiwari. Public Works Director ~ ;:;/7 /B ~~
Randy Rohman. Public Works Program Manager I'~ ~
Clean Water State Revolving Fund Loan Amendment Number 1 to
Agreement No. R98413 With The State Of Oregon
TO:
VIA:
FROM:
RECOMMENDATION: Approve the resolution entering into Amendment Number
1 to Clean Water State Revolving Fund Loan Agreement No. R98413 with the
State of Oregon and authorizing City Administrator to sign said amendment and
any other future amendments to said loan agreement.
BACKGROUND: At the July 9, 2007 meeting Council approved Resolution 1861
that authorized entering into Clean Water State Revolving Fund (CWSRF) Loan
Agreement No. R98413 with the State of Oregon and authorized City
Administrator to sign said loan agreement. The loan agreement offered a low
interest loan for facility planning. The loan was for a five-year time period and
repayment begins after project completion.
The City has received Amendment Number 1 to Loan Agreement No. R98413
that increases the interest rate from 1.05% to 1.10%. CWSRF loan rates are
calculated each quarter based on the market rate for 20-year municipal bonds
as published by the Federal Reserve. The rates change on the first day of the
quarter and are effective for all loans signed during that quarter. The loan
documents for Loan Agreement No. R98413 were developed in the second
quarter and used loan rates effective for that quarter. The City's loan document
was not signed until after the third quarter started on July 1, 2007. The loan's
interest rate therefore must be amended to contain the third quarter loan rate.
Once the loan is signed, however, the loan interest rate does not change for the
iife of the loar:.
~
\/>./...
.~(~;end~-'-t-:;;~~'<~]'/i,]w:-~=it; ACJrrir,istr(Jtov/~- . '
-', ;' I .
City AttorneyLl...'-'_J_,
61
Honorable Mayor and City Council
August 13. 2007
Page 2
.
.
DISCUSSION: Loans such as the CSWRF for facility planning usually are
amended. normally for minor changes such as completion dates or interest
rates in this case. Typically resolutions for these type of loans also authorize the
City Administrator to sign any amendments that are received to the loan
agreement but this section was inadvertently not included in Resolution 1861.
This resolution will authorize City Administrator to sign this amendment and any
others that may be received over the time the loan is being drawn down. Staff
recommends that the resolution be approved.
FINANCIAL IMPACT: The interest change will have a minimal impact on project
funding. The facility planning project loan funding and City matching funds
were included in the Wastewater Construction Fund budget for FY 2007-2008.
62
COUNCIL BILL NO.
RESOLUTION NO.
A RESOLUTION ENTERING INTO AMENDMENT NUMBER 1 TO CLEAN WATER
STATE REVOLVING FUND LOAN AGREEMENT NO. R98413 WITH THE STATE OF
OREGON AND AUTHORIZING THE CITY ADMINISTRATOR TO SIGN SUCH
AMENDMENT AND ANY FUTURE AMENDMENTS.
WHEREAS, the City of Woodburn has determined that the City needs to accomplish
wastewater facilities planning in order to comply with the City's National Pollution
Discharge Elimination System permit, and
WHEREAS, the State of Oregon acting by and through its Department of
Environmental Quality is authorized to enter into Clean Water State Revolving Fund loan
agreements and disburse funds pursuant to OAR 340-054-0065(2), and
WHEREAS, the City of Woodburn through Resolution 1861 authorized entering into
Clean Water State Revolving Fund Loan Agreement No. R98413 and for the City
Administrator to sign said agreement, and
WHEREAS, the State of Oregon acting by and through its Department of
Environmental Quality, has provided Amendment Number 1 to Clean Water State
Revolving Fund Loan Agreement No. R98413 modifying loan interest rates, NOW
THEREFORE:
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn enter into Amendment Number 1 to Clean
Water State Revolving Fund Loan Agreement No. R98413 which is affixed as Attachment
"A", and by this reference incorporated herein, with the State of Oregon acting by and
through its Department of Environmental Quality, to modify interest rates on the City's
wastewater facilities planning project.
Section 2. That the City Administrator of the City of Woodburn is authorized to sign
A.llierldment Number 1 to Clean Water State Revolving Fund Loan Agreement No. R98413
on behalf of the City and to sign any future amendments to said loan agreement.
- .t Ie -
_' ~ ~ .J ~ r (~ -=.L. J [ L:~ 2';0.
..~_ES\.j=./~''.t. I',-~:--r ='IO.
63
Approved as to form:
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
0l:~~/;}((:~~
City Attorney
<zleJ 1c() +-
Date
APPROVED:
Kathryn Figley, Mayor
Mary rennant, Recorder
City of Woodburn, Oregon
"'_1. ~ ,~~ )
-~I~l~~lCI~J Bi~J~" :-';t).
:ESC:"CT =mr (10.
64
\Jl'\.LV'J."I LlLC;"\.l'l.VlL.~l vr L.....Vll\..V~~.VU:.;.~11'\L'-<Ll"\.Lll1
ATTACHMENT A
Pa~9 ~ 9f
}
,
PAGEl
eLEA\.; WAfER STATE REVOLVr.-;G FLi~D
CLEAN 'V ATER STATE REVOLVI~G FUND
Lo~'i AGREEMENT No. R98413
A~IEND:\IENT NO.1
CITY OF WOODBURN
This Amendment :--Io. 1 to Loan Agreement No. R98413 (as amended "Loan Agreement")
is I.:xecuted bdvleen the STATE OF OREGO~ ACTI;";G BY A~D THROLGH ITS DEPART~IE;";T OF
E" V lRO;";\IE;-";T AL QCALlTY ("DEQ") and the City of Woodburn (the "Borrower"), effective as of
the Effective Date of Amendment indicated below. Capitalized terms used in this Amendment
which are not defined herein shall haye the meanings assigned to them in the Loan Agreement.
Date of Original Agreement: July 19,2007.
Effective Date of Amendment No.1: August 10, 2007.
The parties agree as follows:
1. ARTICLE 1 (G) is amended and restated as follows:
"(G) I;.lTEREST RATE: One and 10/100 percent (1.10%) perannum. Calculation of
interest is also discussed in ARTICLE 2(E) and in ARTICLE 2(F)(4) of this Agreement."
J The second sentence of ARTICLE 5(C)( 1) is amended and restated as follows:
"C nti1 the Final Loan ,\mount is calculated, the Loan Reserve Requirement is 546,857."
3. Tht: attached "Appendix A: Repayment Schedule" replaces the current "Appendix
A: Repayment Schedule".
Except as expressly amt:nded above, the terms and conditions of the Loan Agreement
"hall rl.:m;1in in full force and effect.
(", ': \J,- \\'\)( ;DdIF''': R')'..:-t 13
65
Lu.\" AGRFE\!E"T A\IE"D\IE"T ::.1
Vl'.l:.U\ J.' UL, :'l.l'.l .Vle.' l vr L.'I , Il'.V.'..'dC.... l ['l.L ",,".-'l'1.Lll I
eLEA" \V,\ TER ST,HE REVOL V{\;G FC:\D
BORROWER: CITY OF \VOODBL'R~
ATTACIIMCNT
Page -L of'j
i\
PAGE 2
By:
Date:
Typed Name:
Title:
ST..-\.TE OF OREGON ACTr~G BY AND THROUGH ITS
DEPARTy1E~T OF ENVIRON~[E~TAL QUALITY
By: Date:
Laun G. Aunan, \Vater Quality Administrator
c. " ;) . \\ I (:DJ' .< .'-.,: l~'h--\.:-,
66
:[\IL:\T A\IE:\D\IE'\ r ~ 1
\,jl'-CUU.' LJ['X,\t'..l.'IC.'< 1 Uf L.' Y It'..V.,.'lC., It-\L \,/1J1\LI1 1
CLF.:\:\ WATER STATE REYOLVI:\G FL:\O
J\TTACHME~IT 1)\
PAGE 3
Page -L- of
ApPE:'\DIX A: REPA Y:\IE~T SCHEDULE
Due - - - -- - - - - - - - - - - - -- - PAYMENT - - - - - - - - -- - -- -- Principal
Date Pmt# Principal Interest Fees Total Balance
450,000
6/1/2009 1 0 6,100 0 6,100 450,000
12/1/2009 2 48,910 2,4 75 0 51,385 401,090
6/1/2010 3 49,179 2,206 0 51,385 351,911
12/1/2010 4 49,449 1,936 0 51 ,385 302,462
6/1/2011 5 49,721 1,664 0 51 ,385 252,741
12/1/2011 6 49,995 1,390 0 51,385 202,746
6/1/2012 7 50,270 1,115 0 51,385 152,4 76
12/1/2012 8 50,546 839 0 51 ,385 101,930
6/1/2013 9 50,824 561 0 51 ,385 51,106
12/1/2013 10 51,106 281 0 51,387 0
TOT ALS 450,000 18,567 0 468,567
REQUIRED LOAN RESERVE: $ 46,857
C',.',(): \\"\;('['S, :~'-,: 1(\)\-\.13
67
'.FE\IE'\ r A \[E"O\[E'.;T :t 1
ac:::i",~~~.
~r"""'-j~~~.~",
~JT1tr.:,..
WOODBURN
;""'p~,.lltJ j!:lJ~
~ ~llG
.
.
August 13, 2007
FROM:
Honorable Mayor and City Council through City Administrator
G. S. Tiwari, Public Works Director ~ ~ /J /;
~~/k--
Randy Rohman, Public Works Program Manager~7
TO:
VIA:
SUBJECT:
Clean Water State Revolving Fund loan Amendment Number 1 to
Agreement No. R98414 With The State Of Oregon
RECOMMENDATION: Approve the resolution entering into Amendment Number
1 to Clean Water State Revolving Fund Loan Agreement No. R98414 with the
State of Oregon and authorizing City Administrator to sign said amendment and
any other future amendments to said loan agreement.
BACKGROUND: At the July 9,2007 meeting Council approved Resolution 1860
that authorized entering into Clean Water State Revolving Fund (CWSRF) Loan
,A..greement No. R98414 with the State of Oregon and authorized City
Administrator to sign said loan agreement. The loan agreement offered a low
interest loan for design and construction of wastewater treatment plant
improvements. The loan was for a 20-year time period and repayment begins
after project completion.
The City has received Amendment Number 1 to Loan Agreement No. R98414
that increases the interest rate from 1.53% to 1.64%. CWSRF loan rates are
calculated each quarter based on the market rate for 20-year municipal bonds
as published by the Federal Reserve. The rates change on the first day of the
quarter and are effective for all loans signed during that quarter. The loan
documents for Loan Agreement No. R98414 were developed in the second
quarter and used loan rates effective for that quarter. The City's loan document
was not signed until after the third quarter started on July 1, 2007. The loan's
interest rate therefore must be amended to contain the third quarter loan rate.
Once the loan is signed, however, the loan interest rate does not change for the
f2 \')f tr,2 icon.
-, /' ,
,/' .::;:.. . "
------.------------------------- ~'_.~ . . (. .
'\'Ji:nda item S'e'li,;w: City J\cJmini)trot~_t-~:~' City Attorney ~.:L__)
Finance $
68
Honorable Mayor and City Council
August 13, 2007
Page 2
.
.
DISCUSSION: Loans such as the CSWRF for facility planning usually are
amended, normally for minor changes such as completion dates or interest
rates in this case. Typically resolutions entering into these type of loans also
authorize the City Administrator to sign any amendments that are received to
the loan agreement but this section was inadvertently not included in Resolution
1860. This resolution will authorize City Administrator to sign this amendment and
any others that may be received over the time the loan is being drawn down.
Staff recommends that the resolution be approved.
FINANCIAL IMP ACT: The interest change will have a minimal impact on project
funding. The design and construction of wastewater treatment plant
improvements were included in the Capital Improvement Plan included in the
approved FY 2007-2008 budget.
69
COUNCIL BILL NO.
RESOLUTION NO.
A RESOLUTION ENTERING INTO AMENDMENT NUMBER 1 TO CLEAN WATER
STATE REVOLVING FUND LOAN AGREEMENT NO. R98414 WITH THE STATE OF
OREGON AND AUTHORIZING THE CITY ADMINISTRATOR TO SIGN SUCH
AMENDMENT AND ANY FUTURE AMENDMENTS.
WHEREAS, the City of Woodburn has determined that the City needs to accomplish
wastewater collection, treatment and disposal upgrades and watershed enhancement
projects in order to comply with the City's National Pollution Discharge Elimination System
permit, and
WHEREAS, the State of Oregon acting by and through its Department of
Environmental Quality is authorized to enter into Clean Water State Revolving Fund loan
agreements and disburse funds pursuant to OAR 340-054-0065(2), and
WHEREAS, the City of Woodburn through Resolution 1860 authorized entering into
Clean Water State Revolving Fund Loan Agreement No. R98414 and for the City
Administrator to sign said agreement, and
WHEREAS, the State of Oregon acting by and through its Department of
Environmental Quality, has provided Amendment Number 1 to Clean Water State
Revolving Fund Loan Agreement No. R98414 modifying loan interest rates, NOW
THEREFORE:
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1 _ That the City of Woodburn enter into Amendment Number 1 to Clean
Water State Revolving Fund Loan Agreement No. R9S414 which is affixed as Attachment
"A", and by this reference incorporated herein, with the State of Oregon acting by and
through its Department of Environmental Quality, to modify interest rates on the City's
wastewater facilities planning project.
Section 2. That the City Administrator of the City of Woodburn is authorized to sign
Amendment Number 1 to Clean Water State Revolving Fund Loan Agreement No. R98414
on behalf of the City and to sign any future amendments to said loan agreement.
~-J_'J"~ ~
'=~;:ICL~..J 3==--::" ~;..J.
:~ :~ --.-3 () ~~ rj1r i \~ N ;.L~.
70
Approved as to form:
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
~~r-/J ~0
City Attorney
'6 } (,) 2cut-
Date
APPROVED:
Kathryn Figley, Mayor
Mary Tennant, Recorder
City of Woodburn, Oregon
.:-;, j~ \: c_)~~c..: L :3":: ~~ L~ :i>J.
.~~BSIJLcr~I'J~r :J().
71
'.-I J '-L.....J '-_'. " L.JL..l.----"\..l\.l,viL....l Vi L."tVll"\J~"'....lL~'l1["'\L'<\..)f"'\.Ll1 1
ATTACHMENT /\
P;:'lge I I1f S
PAGEl
CLEA'.j WATER STATE REVOL Vf.\;G FL~O
CLEA~ WATER STATE REVOLVING FUND
LOk"l AGREEMENT No. R98414
A:\;IE~DMENT No.1
CITY OF 'VOODBUR.~
This Amendment ;-";0. I to Loan Agreement No. R98414 (as amended "Loan Agreement")
IS executed between the STATE OF OREGO~ ACTNG BY A'.;O THROLGH ITS DEPART\.IE;-.JT OF
E:\VIRO:\\IE:\TAL QLALlTY C'DEQ") and the City of Woodburn (the "Borrower"), effective as of
the Effective Date of Amendment indicated below. Capitalized terms used in this Amendment
\vhich are not detined herein shall have the meanings assigned to them in the Loan Agreement.
Date of Original Agreement: July 19,2007.
Effective Date of Amendment No.1: AugustI0,2007.
The parties agree as follows:
I. ARTICLE l(G) is amended and restated as follows:
"(G) t'iTEREST RATE: One and 641100 percent (1.64%) perannum. Calculation of
interest is also discussed in ARTICLE 2(E) and in ARTICLE 2(F)(4) of this Agreement."
.., The second sentence of ARTICLE 5(C)(1) is amended and restated as follows:
"Cntil tht.: Final Loan Amount is calculated, the Loan Reserve Requirement is 5123,095."
3. The attached "Appendix A: Repayment Schedule" replaces the current "Appendix
A: Repayment Schedule".
Except as expressly amended above, the terms and conditions of the Loan Agreement
'dull remain in full force and effect.
c.;" (li\\'i,(![)B! :z:\:Rl):-)-+14
72
Lo.\'-. .\.CjRU-\!l--Sr :\\IE:\D\lE', r ::: I
'-.../l'\,L\...J'-J , LJLl .-\.l\.l.VIL." 1 \Jl L....'l... H'-.V..'l.VIL." 11}.L '<.l....<i\.Ll1 1
Cu.-\.:-.; WATER STAfE REVOLVI~G Fc:-.;o
BORROWER: CITY OF WOODBLR.'J
By:
Typed ~ame:
Title:
5T ATE OF OREGON ACTI[\;G BY AND THROUGH lIS
DEPART~lENT OF ENVIRONMENTAL QCALITY
Date:
ATTACHMENT /~
:Jage ---.L. of!>
PAGE 2
By: Date:
Lauri G. Aunan, \Vater Quality Administrator
(i ',- u, \\'(;()DE3U~"< Rl}')..;.l..+
73
=\IE:--" T A\IE:--"D\[E'.; r::::.1
'-" l"-L'_.JV," 1.J Ll ,"l,!\" 1 ,VILJ." I VI Ll. ~ V H\.V.' ..VU:'.i.~ 1 t\L \..,{L f\Lll 1
CLE.\~ WATER STATE REVOLVI~G FC;-.JD
Due
Date Pmt#
J-\IIA~HMt:N I , 1
Page l of i,
ApPE:\DlX A: REPA Y:\IE~T SCHEDL1~E
- - - - -- - - - - - -- - - PAYMENT - - -- -- -- - -- - - --
Principal Interest Fees Total
4/1;2011 1
10/1/2011 2
4/1/2012 3
10/1/2012 4
4/1/2013 5
10/1/2013 6
4/1/20147
10/1/20148
4/1/2015 9
10/1/2015 10
4/1/2016 11
10/1/2016 12
4/1/2017 13
10/1/2017 14
4/1/2018 15
10/1/201816
4/1/2019 17
10/1/201918
4/1/2020 19
10/1/2020 20
4/1/2021 21
10/1/2021 22
4/1/2022 23
10/1/2022 24
4/1/2023 25
10/1/2023 26
4/112024 27
10/1/2024 28
4/1/2025 29
1011/2025 30
4/1/2026 31
10/1/2026 32
4,1/2027 33
10,1:2027 34
4/1/2028 35
10/1,2028 36
4,~, 2029 37
1,11,2029 33
41,2030 39
1 Q, 1 2030 40
o
89,490
90,224
90,964
91,710
92,462
93,220
93,984
94,755
95,532
96,315
97,105
97,901
98,704
99,513
100,329
101,152
101,982
102,818
103,661
104,511
105,368
106,232
107,103
107,981
108,867
109,759
110,659
111,567
112,482
113,404
114,334
115,271
116,217
117,170
118,130
119,099
120,076
121,060
122,064
124,700
33,564
32,830
32,090
31 ,344
30,592
29,834
29,070
28,299
27,522
26,739
25,949
25,153
24,350
23,541
22,725
21,902
21,072
20,236
19,393
18,543
17,686
16,822
15,951
15,073
14,187
13,295
12,395
11 ,487
10,572
9,650
8,720
7,783
6,837
5.884
4,924
3,955
2,978
1,994
1,001
o
20,466
o
19,567
o
18,654
o
17,726
o
16,782
o
15,823
o
14,848
o
13,856
o
12,849
o
11,825
o
10,784
o
9,726
o
8,651
o
7,558
o
6,447
o
5,317
o
4,169
o
3,002
o
1 816
o
610
TOT,-\LS 4,093,175 830,642
REQUIRED LOAN RESERVE: $ 123,095
124,700
143,520
123,054
142,621
123,054
141,708
123,054
140,780
123,054
139,836
123,054
138,877
123,054
137,902
123,054
136,910
123,054
135,903
123,054
134,879
123,054
133,838
123,054
132,780
123,054
131,705
123,054
130,612
123,054
129,501
123,054
128,371
123.054
127,223
123,054
126,056
123,054
124,870
123,054
123,675
220,476 5.144,293
PAGE}
Principal
Balance
4,093,175
4,093,175
4,003,685
3,913,461
3,822,497
3,730,787
3,638,325
3,545,105
3,451,121
3,356,366
3,260,834
3,164,519
3,067,414
2,969,513
2,870,809
2,771,296
2,670,967
2,569,815
2,467,833
2,365,015
2,261,354
2,156,843
2,051,475
1,945,243
1,838,140
1,730,159
1,621,292
1,511,533
1,400,874
1,289,307
1,176,825
1,063,421
949,087
833,816
717,599
600,429
482,299
363,200
243,124
122,064
o
C l '; \~: \\( '(I[)~3i, iZ'\,' r{ ')-';;-J. l4
74
L().\~ AGREF\IE\.T A\IE\.O\IE\. i ,; 1
" ~ ,
tP. ~~...~~.
~-,,~~~llT~...,
~
WOODB'URN
I" .: ;;J r f' (1 , iI t t J f!J!J.J
.
llH
~~
.
August 13, 2007
TO: Honorable Mayor and City Council through City Administrator
VIA: G. S. Tiwari, Public Works Director ~
FROM: Randy Scott, Senior Engineering Technician through the Public 5
Works Director . .
SUBJECT: Tout street, Street Improvements
RECOMMENDATION:
It is recommended the City Council award construction contract to the lowest
responsible bidder, D & D Concrete & Utilities for street improvements on Tout
Street in the amount of $91,715.00.
BACKGROUND:
The contract is in conjunction with Project 2007-011-19, Bid No. 2008-04 for the
street improvements on Tout Street between Settlemier Avenue and Front Street.
The surface improvements include travel lane, sidewalk, and curb on each side.
The project also includes some minor storm sewer improvements.
Bids for the improvement were opened on August 8, 2007. Seven responsive
qualified bid proposals were received.
1.
2.
3.
4.
5.
6.
7.
o & 0 Concrete & Utilities, Inc.
Parker Northwest Paving, Inc.
Kerr Contractors, Inc.
Clear Span Construction, LLC.
Knife River, Inc.
North Santiam Paving Co.
R C Landworks, Inc.
Engineers Estimate
$91,715.00
$93,01 7.50
$107,850.00
$114,807.00
$115,632.00
$133,592.00
$145,716.50
$102,233.00
Agenda Item Review: City Administrato
The recommended award is within 10% of ~~ gineers estimate
75
, ; i .
City Attorney J~L j
t .
Finane
Honorable Mayor and City Council
August 13, 2007
Page 2
.
.
A bid proposal received from Quality Excavation Systems, Inc. did not comply
with the bidding requirements and was deemed non-responsive. As required,
the statement that the bidder will comply with the provisions of Chapter
279C.840 Oregon Revised Statues was not included with the proposal. The
proposal was not sealed. In addition, the bidders name was not identified on
the proposal envelope to allow the city to verify the prequlification status of the
bidder.
DISCUSSION:
The Council at its May 14, 2007 meeting, adopted Ordinance No. 2418, ordering
improvements to Tout Street between Settlemier Avenue and Front Street,
adopting the Local Improvement District (LID), directing for the contract award
and providing for payment of costs through assessment of properties in the
Local Improvement District.
The contract award is in conformance with public contracting laws of the State
of Oregon as outlined in ORS Chapter 279C and the laws, regulations of the City
of Woodburn, therefore staff is recommending the contract be awarded.
FINANCIAL IMPACT:
The project cost of $91,715.00 will be funded utilizing approved budgeted funds.
76
_~4
WQ.Q!!J}J.L~N
f 'I c ,~ 1 P l) r .1 , c' ,I I.IJ ~ .J
111
~,~
.
.
August 13, 2007
TO:
Honorable Mayor and City Council
FROM:
John C. Brown, City Administrator
SUBJECT:
Oregon Economic and Community Development Energy Grant
RECOMMENDATION:
Authorize the Mayor to execute the attached grant application signature page.
BACKGROUND:
On May 13, 2007, the Public Works Department applied for an Energy Feasibility
fund grant, administered by the Oregon Economic and Community
Development Department (OECDD). The grant would provide $24,750 to
finance the second phase of a wood-to-energy study related to using poplars to
generate power at the wastewater treatment plant. The full cost of the study is
$33,000, with $8,250 provided from Wastewater funds. A copy of the grant
application is provided for your information (Attachment 1).
DISCUSSION:
OECDD has advised Public Works staff that the City's application received a
favorable review, and is proposed for funding. They also advised, however, that
a signature page was not provided with the application, but must be executed
by the Mayor if the application is to receive further consideration. A copy of the
signature page is included for your information; your authorization of the
Mayor's signature is respectfully recommended.
FINANCIAL IMP ACT:
The recommended action will provide $24,500 for the next phase of the wood-
to-energy study. City match is available in the Wastewater fund.
Agenda Item Review: City Administrat
City Attorney _
Finane
77
OREGON ECONOMIC AND COMMUNITY DEVELOPMENT
DEPARTMENT
Renewable Energy Feasibility Fund
Application - Signature Page
ATTACHMENT
Page ---L- of
Project ~ame:
POTW Wood to Energy Project
:\-Iunicipality:
City of Woodburn
General Certification:
I certify that to the best of my knowledge:
1) All information contained in the Renewable Energy Feasibility Fund Application and
any attached supplements, is valid and accurate.
2) The application has been approved by the municipality's governing body or is
otherwise being submitted using the governing body's lawful process, and
3) The attached budget is correct and that the municipality's cash match, as indicated in
the budget, is available and committed to the project.
If signed by an official other than the highest elected official, please attach the necessary
documentation to verify the official's authority to sign on behalf of the applicant. Such
documentation can include a resolution, ordinance, order, governing body meeting
minutes, or similar.
! Printed ~ame
1m-
I
I
Date
Si
78
I
h
\
I
I
I
\
City of Woodburn
Renewable Energy Feasibility Fund
Application
Project ~ame:
Funding Amount requested:
'-lunicipality ~ame:
:\lunicipality Type:
County:
Contact (nformation:
Section 1: Project Opportunity
ATTACHMENT
Page20f \ \
City of Woodburn - POTW Wood to Energy Project
$24,750
City of Woodburn
City
Marion
Frank Sinclair, POTW Superintendent
2815 Molalla Rd. Woodburn, OR 97071
e-mail: frank.sinclair(iV.ci.woodburn.or.us
Phone: 503-982-5280
The Woodburn Wastewater Treatment plant is seeking to increase the amount of
renewable energy it produces and uses. The City is intending to perform a renewable energy
assessment of its poplar reuse system and digester gas (methane). The City currently owns an 88
acre poplar reuse system for the purpose of reusing the treated effluent from the City's
wastewater treatment plant. The system is producing a significant amount of sustainable wood
fiber that possesses the potential for energy conversion. The City's intent is to study the cost
effectiveness of using the wood as a source of sustainable energy production. A number of
options are available with current technology. The City could use either a wood fired boiler for
producing methane from sewage, directly generate electricity with wood fiber or use ethanol
conversion technology.
A combination of processes that uses poplar wood, methane gas and cthanol might also
be effective in producing electricity. There are two potential sources of renewable energy the
City would like to consider: 1) digester gas produced at the plant and 2) wood from the plant's
poplar reuse system. Potential uses of energy produced from these sources include heating the
plant's anaerobic digesters, space heating, power generation and as a transportation fuel.
Increasing amounts of renewable energy resources become available as digester gas and poplar
wood production increases with population growth that requires more acres of reuse system.
The scope of work assesses the use of these renewable resources from an economic and
sustainability standpoint. The study includes a two phase approach where the first phase
essentially quantifies the renewable energy potential and identifies the most promising
:lltcmativcs for usmg these resources in an economically and environmentally sound matter. The
City is currently conducting the Phase I study. The second phase \vill assess the feasibility of the
most promising options identified in the first phase. This scope of \vork assesses the use of the
most promising rcne\v~blc en~rgy technologies as applied to the City of \Voodbum Wastewater
Treatment Site. This grant will be used to finance the second phase of the project that assesses
the feaSibility of the most promising options identified in the first phase.
- 1 -
City 01 \V oodbum - POTW
2:-\ 15 Mobll<1 Rd.
\VooJburn DR. 'no:1
['h.: 51)3-982-52~~() - Fax: 503-<);)2-5285
79
City of Woodburn
Renewable Energy Feasibility Fund
Application
ATTACHMENT 1
Page -.:L of ( \
A feasibility study is necessary to accomplish this goal in order to determine if enough
~nergy is stored in the reuse system wood fiber and methane gas to produce significant amounts
of energy using the selected technology. This study would evaluate a selected technology and
determine the cost effectiveness of the technology in producing energy with the recourses
available and specific site characteristics. There are other facilities, generally in the south east,
that use wood from willow trees to heat their buildings. The facilities I am familiar with are
universities that heat a large campus with approximately the same acreage as the City of
Woodburn, POTW reuse system. The City's site is more complicated because we are currently
using digester gas to heat the digesters in order to produce methane gas. There is gas left over
that we waste to a waste gas burner. However, there is possibly we produce enough total gas to
run an engine generator if we did not use the methane to heat the boiler.
Energy sustainability and conservation is a priority issue for the City of Woodburn. The
City understands that energy availability will decrease as population increases, so every kilowatt
of electricity the City saves becomes available for other uses. The need for City facilities to
operate sustainability and energy efficiently is a priority public issue for the City. The wood to
energy study, at the wastewater treatment plant, is a logical study and a beneficial first step in
determining wood to energy feasibility. The City must expand its reuse site and digester capacity
as the years pass and population grows. The expansion is necessary to protect the receiving
stream and public health. More wood fiber and methane gas will become available to the City in
the future. The resources could potentially be converted into energy and used by the City to
offset electrical use at the wastewater treatment plant. Other poplar reuse sites are used in the
area and the opportunity also exists for the Woodburn site to obtain much more wood fiber from
these sources in the future.
This study addresses an energy reuse project that has the potential of saving a significant
amount of public money and resolving a pressing problem of increasing energy use at the City of
Woodburn's \vastcwater treatment plant. The poplar reuse system and digester methane are
carbon neutral operations, even if the wood fiber and methane gas is burned to produce energy.
Using the wood fiber and methane gas as an energy source would potentially create carbon and
tax credits that the City could sell to private investors to offset the cost of any infrastructure
needed. If the treatment plant were able to save 25% in energy costs that would amount to a
current savings of $100,000 per year. One of the major costs of the poplar tree harvest is
transportation costs to haul the tress to a processing plant. The last harvest required the trees to
be hauled to Toledo, Oregon. If the trees were processed on site the hauling cost could be
\ imnlly elimimted. Our last harvest cost nearly $20,000 in trucking costs to harvest twenty
a-:n:s of trc~s.
- .., -
City ufWuodburn - POTW
2S 15 \foblLi RJ_
Wcodburn OR. 97071
Ph.: 5()3-9:i2-52~O - Fax: 503-9:-\2-52::\5
80
City of Woodbllrn
Renewable Energy Feasibility Fund
Application
ATTACHMENT
Prlge ~ of t \
Section 2: Statement of Work
For each renewable resource stream (i.e. digester gas and poplar reuse system), the
potential energy value of the resource will be assessed and quantified. This information will be
applied to a specific renewable energy development project(s) as identified in Phase 1 of the
planning effort. The Phase II effort will determine the specific energy and cost saving ability of
the development project(s) to save energy in the long and short term. The Phase 11 effort will
produce a technical rcport that will include a facility type engineering planning effort and led to
pre-design and design efforts. The Phase 11 effort will determine if the Phase 1 selected
technologies are feasible to construct at this site, layout appropriate pilot studies, and define the
pilot studies data gathering efforts. The Phase 11 effort will also define the most feasible locations
for the infrastructure and pilots. If the selected technologies are promising, then Phase II efforts
will also develop a conceptual layout, evaluate the environmental impacts of the project and
determine permitting requirements.
F or the poplar reuse system, the amount of wood anticipated for harvest on a yearly basis
will be estimated in terms of cubic feet per year. The heating value of wood will be used to
estimate the potential energy value of the woody biomass. This information will be analyzed and
presented in terms of its potential to provide energy for the selected energy technology. The
potential energy source will be evaluated in terms of treatment plant process needs over the
course of the year for various operations. In the case of digester gas, existing gas production data
will be assembled and the energy value of the anticipated gas stream into the future will be
estimated using anticipated facility loading rates. The gas production rates will be presented
both in terms of anticipated flow rates (cubic feet per hour) and heating value (Btu per hour).
Anticipated seasonal and other variations that would affect the sizing of an energy facility will
~lso be described. This information will be applied to the sdected technology for sizing,
operations, and sustainability purposes.
The renewable energy feasibility study will take approximately twelve weeks to complete
and be conducted by an engineering firm selected by the City. The work will be completed no
later than 3 months subsequent of the notice to proceed. The estimated start date is August 2007
\\ ith project completion by December 2007. The study will result in a summary report that
describes the renewable resource potential for the renewable energy project, project site location,
conceptual layout, enyironmental impacts, permitting, and pilot project development. The report
\\. ill recommend option(s) for further development of the project and provide the technologies
potential to med the plant's sustainabi1ity goals. For eal.:h rem:wable resource stream (i.e.
digester gas and poplar plantation), the potential energy value of the resource will be assessed
and quantified. [n the case of digester gas, existing gas production data will be assembled and
the enl:rgy \. alue of the anti(;ipated gas stream into the future will be estimated using anticipated
ftcility loading rates. The gas production rates will be presented both in terms of anticipated
t10\'v rates (cubic fed per hour) and heating value (Btu per hour). Anticipated seasonal and other
\lrIations that \\\)u1d affect the sizing of an energy facility will also be described.
- 3 -
City of Wood bum - POTW
2S 15 ~[o:al;a Rd.
\\;ooJburn Ot{. ')7071
Ph.: 5U3-9x2-52S0 - Fax: 503-lJS2-52::\5
81
City ofWoodbllrn
Renewable Energy Feasibility Fund
Application
ATTACH)JIENT
Page ---2- of \ \
For the poplar plantation, the amount of wood anticipated to be harvested on a yearly
basis wi 11 be estimated in terms of cubic feet per year and the heating value of wood will be used
to estimate the potential energy value of the woody biomass. This information will be analyzed
and presented in terms of its potential to provide energy to the plant over the course of the year
for various plant operations. Once the potential renewable energy available at the plant is
quantified, options for converting these resources into useful energy for use with the renewable
energy project will be evaluated. Options to be assessed in Phase II include adding power
generation equipment to convert biogas to energy, using either the digester gas or poplar wood
for heating hot water to heat digesters and facility buildings, gasifying the popular wood and
using the gas that is produced for power generation or as a transportation fuel for plant vehicles
or other purposes, accepting harvested poplar trees from other similar facilities to increase the
energy production potential and other options.
- -+ -
City lltWlllldbum -- ponV'
~815 \folallJ. Rd_
\VooJburn OR. 97071
I'h_: S()3-9~2-52S() - Fax: 5()3-l)82-5~85
82
City of Woodburn
Renewable Energy Feasibility Fund
Application
,t\TTACHMENT r
Page _~_ of . (~
Section 3: Project Readiness
The City engaged a financial consultant in March 2007 to analyze the need to increase
sewer rates. This study was completed early May 2007. The City also began Phase I studies to
analyze the possibility of using the poplar tree fiber and digester gas for energy production.
Lastly, City staff has educated our City Council in the cost savings potential and sustainability
possibilities in using the renewable energy sources at the wastewater treatment plant. The City of
W oodbum has prepared for this study and anticipated outcomes by ensuring the availability of
financing, beginning Phase I studies, and educating our City Council.
The Wastewater Treatment Division began its 2007/08 budget cycle in November of
2006. During the capital projects portion of the budget development the Division included costs
for energy feasibility studies, pilot project, and pre-design. Financing for the projects is to come
from our construction fund. The City anticipated positive outcomes from the Phase I and II
feasibility studies so pilot project, pre-design and design funding was anticipated. The City then
hired a consultant to perform a sewer rate analysis to increase rates and ensure financing for the
upcoming studies, capital projects, and pilot studies. The City formed a citizens committee to
make decisions concerning the rate study outcomes.
A presentation was prepared and presented to the City Council on final wastewater rate
charge recommendations. The Rate Consultant provided the presentation to the Council that
explained project and operational needs for the next five years. The Wastewater Rate Review
Committee answered questions and then made recommendations to the City council concerning
the financing of upcoming projects and operations at the wastewater treatment plant. The City
Council accepted all the committee's recommendations concerning increasing the rates. Included
in the recommendations were funding for a number of projects including the energy feasibility
study, pilot project, pre-design, and design. The rate study allocated projected revenues
requirements for the next 5 years at which time another rate study will take place to finance any
additional projects and operational needs. The approved project list included the energy
feasibility study and anticipated additional projects. The City Council then voted to accept the
ratc increase and project list.
The City has begun Phase I of the energy feasibility study. This first phase will
iJentify possible energy generating technologies that could utilize digester gas or wood fiber.
This study phase wi 11 narrow the field of technologies for Phase II. The Wastewater Division has
secured the authority to advertise for a consultant to complete the Phase I study. The study will
tak~ approximately l'ight weeks to complete and be conducted by a consulting firm selected by the City.
The \\ ork \vill be cump1cted no later than 2 months subsequent of the notice to proceed and result in a
~\llnmary r~port that dcscribes the r~ncwablc resource pot~ntial at the \vastewater tr~atment plant. The
rCrh)rt \'vill recommend \\hich option(s) alfer the greatest potential to meet the plant's sustainability goals
J.llJ should be assesseJ in Phas~ 2. The total budget for Phase 1 of the study is 526,532.
- 5 -
City ufWuoJburn - ponv
2:-\ 15 \tolalb Rd.
\Voodburn OR. ')7071
Ph.: 5U3-9S2-5280 - Fax: 503-9.'Q-52:-S5
83
City of Woodburn
Renewable Energy Feasibility Fund
Application
ATTACHMENT ,
Page_lof It
Once the potential renewable energy available at the plant is preliminarily quantified,
options will be identified for converting these resources into useful energy. Options to be
assessed include adding power generation equipment to convert biogas to energy, using either
the digester gas or poplar wood for heating hot water to heat digesters and facility buildings,
gasifying the popular wood and using the gas that is produced for power generation or as a
transportation fuel for plant vehicles or other purposes, accepting harvested poplar trees from
other similar facilities to increase the energy production potential and other options. The above
options will be compared to the base case of continued operation of the plant as currently
operated along with the anticipated cost of harvesting and disposing of the poplar trees in the
future.
Developing innovative technologies requires a commitment to the final goal and to the
individual goal milestones. The City of Woodburn recognizes that utilizing the wastewater
treatment reuse system poplar trees as a sustainable energy source will come with a unique set of
challenges tor a municipality. The City of Woodburn POTW was the first in the nation to use
poplar trees as a crop for a reuse system. The City is familiar with the public relations,
technological, and environmental issues involved with establishing a new and innovative system.
The City will establish a citizen's energy sustainability committee to guide the progress of the
project. The citizen's committee will report progress and make recommendations to the City
Council on future expenditures. The citizen's committee is a good first step in a public relations
effort to win support for the project. The City will also incorporate energy sustainable education
in its school programs for water quality.
1\'ew technologies always come with a set of unanticipated challenges that must be
resolved before moving forward. These technology issues are more readily solved than public
relations or political issues, The City has a number of unique one of a kind systems at the
\vastc\vater treatment plant and is familiar with solving technical issues. The City has an
engineering staff and monies have been made available to solve unanticipated issues arising from
the energy feasibility study. The City will face a number of environmental issues with an energy
recovery system at the wastewater site. Some of the issues may include: increased activity and
noise, air quality regulations, increased traffic, and zoning requirements. The City is ready to
evaluate these issues and tind solutions.
The City has secured the financial resources, as described earlier, to complete this study.
The City will contract the study to an outside consultant. The consultant will be selected using
the City's purchasing and bidding policies. The City also has a number of internal resources that
\\ ill be utilized for the study. The Wastewater Division has personnel trained in collecting and
an~llyzing s~lInples, developing data, and managing the project. The treatment plant has a full
~..:rvice laboratory and the capability for sending samples to a private laboratory. The City also
has n~gi~tcreJ engineers on staff that C:ln be utilized for internal consulting on the project. The
City also has managers on staff with years of experience managing similar innovative studies.
- 6 -
City of Woodburn - POT\V
2815 \tolalla Rd.
W00dburn OR. 9707 I
Ph_: 503-982-5230 - Fax: 503-9~2-S285
84
City of Woodburn
Renewable Energy Feasibility Fund
Application
ATTACHMENT \
Page'~ of '\
Section 4: Future Project Considerations
Upon completion of the renewable energy feasibility study the City will coordinate the effort, if
the findings are favorable, with the overall wastewater treatment plant facility plan. The
treatment plant facility plan will begin in August 2007. The overall facility plan will address
treatment plant and collection system expansion for population growth and new water quality
requirements promulgated by EP A. The facility plan will incorporate the findings from the
energy feasibility study in to the larger planning effort so facility pre-design and design activities
can proceed at the same pace. The energy sustainability facility will be constructed as part of the
overall treatment plant construction project. The City will bid the project using their purchasing
procedures and specifications determined by the consulting engineering company selected for the
treatment plant design.
The renewable energy project will become a part of the overall treatment plant upgrade
construction project, so the facility will incorporate the energy project into the system like any
other wastewater system. Hopefully there will be a seamless match between the wastewater
treatment plant operations and the renewable energy project operation. Treatment facility
managers will manage the operations of the energy facility and City engineering and
maintenance personnel will be used to resolve any ongoing facility problems. The operations of
the renewable energy project will become part of the treatment plant operations and be staffed by
City personnel.
The City will finance the planning effort, pre-design, and design of the project with a
state revolving fund loan and any renewable energy grants available. The City has already
applied for the state revolving fund loan and the City has approved funding for the project. The
project is also included in the wastewater treatment plants capital project list and rates will be
increased to cover the cost of the planning loan repayment. The energy pilot project will be
funded from the City's wastewater construction fund, which is financed by system development
charges. This grant will be used to offset proposed reductions in City funds so adequate pilot
project funding will be available. The planning project is fully financed by the City to the point
of determining the energy project.
- 7 -
City ofWooJbum- POTW
2:-i 15 ~lo1alla Rd.
\VooJburn OR. 97071
Ph.: S03-')X2-52~1) - Fax: 503-<JS2-52X5
85
Renewable Energy Feasibility Fund
Application
ATTACHMENT
Page ._~ of , (
Applicant Information
Organization Name ICity of Woodburn IFederal Tax 10 No. I
Primary Contact Person I Frank Sinclair, POTW Superintendent
Organization Type
- o County o Tribe o Port o Other
..:j City
Street Address MailinQ Address (if different)
Address 1 2815 Molalla Rd. Address 1
Address 2 270 Montgonery St. Address 2
CItY Woodburn City
Zip 97071 Zip
Phone 503-982-5280
Fax 503-982-5285 E-mail frank. sinclair@ci.woodburn.or.us
Proiect Information
Activitv Est. Cost Comments
10
Determine enerqy available in 90 acre reuse site
determine phisibilitv of usina woodburning boiler to
heat digesters
determine enerQY available in digester qas
Determine type of energy conversion necessary for
digester gas
Total Estimated Cost -
Cost Share Information
Status
Source of Cost Share - Cash Amount (Committed. Requested, Potential Source)
Total Source of Cost Share - Cash -
In-kind Status
Source of Cost Share - In-kind Goods/Services Value (Committed. Requested, Potential Source)
Total Source of Cost Share - In-kind -
Total Estimated Cost - This information is automatically
Less Cost Share - Cash - calculated.
Less Cost Share - In-kind -
REFF Funding Request -
For OECCD Staff Use Only
F'rJ,c':t ~J3r:,e
Re'],oral Coord,nator
C:py of REFFappx!s
Page 1
86
Last updated - 8/2/2007
Renewable Energy Feasibility Fund
Application
ATTACHMENT
Page ~of i (
On a separate sheet, please respond to the following:
1) Project Opportunity - Describe the nature of the project and the potential outcomes.
2) Statement of Work - Describe the specific activities and deliverables of the study.
3) Timeline - Provide a timeline of the activities with estimated start and end dates.
4) Project Team - Identify the resource(s) and qualifications of those who will carry out the study.
5) Community Benefit - Describe the potential benefit(s) to the local community.
6) Other Relevant Information - Include any other information, letters of support, etc., that will assist the Evaluation
Team in reviewing this application.
General Certification: I certify that to the best of my knowledge all information contained in this document and any
attached supplements, is valid and accurate.
If the Applicant is a municipality, I further certify that, to the best of my knowledge:
1) The application has been approved by the governing body or is otherwise being submitted using the
governing body's lawful process, and
2) If signed by an official other than the highest elected official, documentation is attached that verifies the
official's authority to sign on behalf of the applicant. Such documentation can include a resolution, ordinance,
order. governing body meeting minutes, or similar.
Signature
(Authorized signatory)
Date
Title
Application Instructions
1) Fill out the required information and answer the questions from the application form.
2) E,tr-er mail the application to: Attn: Renewable Energy Feasibility Fund Coordinator
Oregon Economic & Community Development Department
One World Trade Center
121 SW Salmon St., Suite 205
Portland, OR 97204
OR
Fax ~~e aopiicaticn :0-
Attn Renewable Energy Feas,bil;ty Fund Coordinator
503-222-5050
3\ .2..5 a c-Jurtesy, you n;ay
e-iT'ad :he application to
cedd. info:;:Vstateor us
(\")pyJf REFFappxis
Page 2
87
Last updated - 8/2/2007
OREGON ECONOMIC AND COMMUNITY DEVELOPMENT
D EP AR TMENT AfTACHMENl t
i Page~of I{
Detailed Project Budget
Budget Line Item Department Non-
Funds Department Total
Funds
Contractual Services - Engineering 24,750 8,250 33,000
Totals 24,750 8,250 33,000
Renewable Energy Feasibility Fund
Project Budget
88
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August 13, 2007
TO: Honorable Mayor and City Council
FROM: John C. Brown, City Administrator
SUBJECT: Addendum to Agreement with Frank Tiwari Related to PERS
Integration
RECOMMENDATION:
It is recommended the City Council authorize the City Administrator to execute
the attached addendum to the agreement related to PERS integration with G.
S. Tiwari.
BACKGROUND:
In August. 1998, the City Council entered into an agreement with G.S. "Frank"
Tiwari, Public Works Director, related to the City's integration into the Oregon
Public Employees Retirement System (PERS) (Attachment 1). Mr. Tiwari was one
of very few employees whose retirement benefits had not been previously paid
into the City's private retirement program with Pacific Life. His benefits were
paid instead into a deferred compensation plan (457 plan), and later, into the
ICMA 401 program. His balance in the 457 plan, unlike those of employees in
the Pacific Life program, could not be integrated into the PERS program. This
placed Mr. Tiwari at a financial disadvantage in relation to other employees; a
situation the Council in 1998 sought to remedy. To make Mr. Tiwari "whole," the
Council agreed to pay his Social Security and PERS contributions for his
remaining employment with the City. The Council also agreed to pay in a lump
sum a declining amount over a 9-year period, in the event Mr. Tiwari left the City
before the end of the ninth year. Under that provision, Mr. Tiwari was entitled to
the equivalent of one year's salary upon separation during any of the first five
years of the agreement, and the equivalent of one half (1/2) year's salary if he
left the City during any of the last four years of the agreement. Integration with
PERS was effective November 1, 1998, and commenced the nine year term of
the agreement.
~1
Finance
Agenda Item Review: City Administrator"~-'- City Attorney ~
89
Honorable Mayor and City Council
August 13, 2007
Page 2
.
.
DISCUSSION:
Mr. Tiwari is retiring from City service, effective August 16, 2007. Because he is
leaving the City before the end of the ninth year of the integration agreement,
Mr. Tiwari could receive a lump-sum payment of $60,000, one half his annual
salary.
Throughout his tenure, Mr. Tiwari has emphasized fair play in his dealings, and
has bargained agreements in the City's best interest. In that spirit, Mr. Tiwari will
accept a lump-sum payment of lesser quantity than that to which he could be
entitled. Due to the benefits he has received from employment in the time since
the agreement related to integration was executed, and the regard in which he
holds the City Council, Mr. Tiwari has offered to accept $12,500 as full payment
in satisfaction of the August 1998 contract. That amount represents $60,000 pro-
rated over a twelve month period, applied to the 2 1/2 months that remain
between Mr. Tiwari's separation date and the ninth anniversary of the PERS
integration.
An addendum to the original agreement that reduces the amount of payment
due Mr. Tiwari to $12,500 is presented for your consideration. Your approval of
that addendum is respectfully recommended.
FINANCIAL IMPACT:
Funds to support this payment will be charged to the Water, Wastewater,
Streets, and Technical and Engineering (T&E) funds; the funds to which Mr.
Tiwari's salary and benefit costs are distributed. Monies were budgeted in these
funds for 2007-08 to support the accumulated leave pay-outs Mr. Tiwari has
earned during his tenure with the City and to which he is entitled at separation.
90
ATTACHMENT
Page ~ of
This Agreement made and entered into this /)...::5 day of August, 1998, by and
between the City of Woodburn, an Oregon municipal corporation, hereinafter referred to as
"City", and G.S. "Frank" Tiwari, hereinafter referred to as "Employee", both of whom understand
and agree as follows:
EmployerlEmployee Agreement
Related to PERS Integration
UUrLI\l1'\11:. UIlIUIIU\L
/ OF 2..
.z
Witnesseth:
Whereal, the conditions in the labor market have convinced the City Council to create an
environment to have city employees become part of the Oregon Public Employees Retirement
System (PERS); and
Whereas, the City Council wants to maintain existing employee benefits in a fair and
equitable manner and rectify any problems created by the technical PERS conversion
requirements; and
Whereas, the City Council believes that it should choose an available alternative that is
both fair to the employee and reasonable to City so that any technical PERS conversion problems
that arise due to the employees age, length of service, or transferability of funds can be rectified;
and
Whereas, this EmployeelEmployer Agreement Related to PERS Integration (the
Agreement) does not change any of the present terms and conditions of employment but is a
mechanism that makes Employee whole in a manner that is fair to the employee and feasible and
practicable for City; and
Now, therefore, in consideration of the mutual covenants herein contained, the parties
agree as fallows:
1. Effective Date.
Employee agrees to participate in the PERS retirement program when it becomes available to
City. This Agreement is effective on the date that City executes an agreement with PERS for
participation in its retirement system.
2. Term.
The term of this Agreement is from the date of its execution by the parties until the legal
obligations established by this Agreement have been fulfilled.
3. Contribution of Amount Equivalent to Employee Portion of PERS Contribution.
In order to make Employee whole under the terms of this Agreement, City agrees to contribute
on behalf of Employee, during the time that Employee is employed by City, an amount equivalent
to Employee's portion of the PERS retirement contribution. This contribution shall be paid by
City to Employee's 401A retir :ent plan, a deferred compensa:~ n program, or any other
method acceptable to both Cit. j Employee.
Page 1 - Employer/Employee
nent Related to PERS Ir
91
.~ ~ .....
ATTACHMENT
Page -L. of
, --
4. Reimbunement of Employee Social Security Payment.
In order to make Employee whole under the terms of this Agreement, City agrees, during the time
that Employee is employed by City, to reimburse Employee for the amount of his total share of
Social Security contributions. This reimbursement shall be paid by City to Employee either as
part of his salary or into Employee's deferred compensation program as requested by Employee
and as permitted by law.
5. Compensation Pay.
In order to make Employee whole under the terms of this Agreement, City agrees to pay to
Employee the predetennined amounts of Compensation Pay set out below in the event that
Employee leaves the employment of City for any reason, including death. HEmployee dies while
employed by City any Compensation Pay due shall be paid to Employee's estate pursuant to law.
City agrees to pay Employee Compensation Pay according to the following schedule:
A. If Employee leaves the employment of City during the first five years after the
effective date of this Agreement, City shall pay Compensation Pay equaling one
year of Employee's base salary at the time Employee leaves employment.
B. If Employee leaves the employment of City during the following four years after
the effective date of this Agreement, City shall pay Compensation Pay equaling six
months of Employee's base salary at the time Employee leaves employment.
C. If Employee leaves the employment of City nine years after the effective date of
this Agreement, City shall have no obligation to pay any amount of Compensation
Pay because Employee has been made whole under the terms of this Agreement.
6. Existing Employment Benefits Continue.
It being the intent of the parties to enter into this Agreement for the sole purpose of making
Employee whole after the PERS integration, it is understood and agreed that the compensation
provided to Employee herein is in addition to Employee's other employment benefits which he
will continue to receive and which are unaffected by this Agreement.
In Witness Whereof, the parties hereto have executed this Agreement on the date first written. a
~
N aney A. Ki
E~~~
G.S. Tiwari
City of Woodburn
Approved as to Form:
ry;~
N. Robert Shields, City Attorney
Attest:
Page 2 - EmployerlEmployee Agreement Related to PERS Integration
92
ADDENDUM TO EMPLOYER/EMPLOYEE AGREEMENT
RELATED TO PERS INTEGRATION
This Agreement made and entered into this day of August, 2007 J by and
between the City of Woodburn, an Oregon municipal corporation, hereinafter referred to
as "the City," and G.S. Tiwari, hereinafter referred to as "Employee," both of whom
understand and agree as follows:
WHEREAS, the parties entered into an earlier agreement dated August 25, 1998
("the Original Agreement"), which is attached hereto as Exhibit "A." The Original
Agreement was intended "to make Employee whole" by fairly and feasibly addressing
the impact on Employee's retirement program when the City became part of the Oregon
Public Employees Retirement System (PERS); and
WHEREAS, with the execution of this Addendum the parties agree that
Employee is made whole and that neither party shall have further obligations, under the
Original Agreement except as specifically provided herein;
NOW, THEREFORE, in consideration of the mutual covenants herein contained,
the parties agree as follows:
1. Section 5 of the Original Agreement, entitled Compensation Pay, shall be
deleted in its entirety and replaced with the following section:
Section 5. Compensation Pay. Employee shall be paid the sum
of TWELVE THOUSAND FIVE HUNDRED AND NO/100
($12,500.00) DOLLARS by the City.
2. For and in consideration of the payment made to Employee referenced
above, Employee hereby releases, waives, acquits, and forever discharges the City of
Woodburn, all Mayors and City Councilors, the City Administrator, the City Attorney, all
department directors and all other officers, agents, and employees of the City, in their
official and individual capacities, from any and all claims, however characterized,
whether for damages, costs, expenses, compensation, penalties, wages, benefits,
reinstatement, or attorneys fees, arising out of or in relation only to the Original
Agreement. Employee understands and agrees that this release was obtained in order
to avoid a potential claim, that neither party is making an admission of liability, and this
paragraph shall survive the expiration of the Original Agreement.
Executed this
day of
,2007
EMPLOYEE
G.S. Tiwari
P-'\GE 1 - AOot:~.DlJ~;1 TO Er.1PLOYER/E~.1PLOYEE AGREEr.1ENT
RELATED TO PERS INTEGRATION
93
STATE OF OREGON )
) ss
COUNTY OF MARION )
On this day of ,2007, I G.S. Tiwari, acknowledge that I
am the Employee identified above and that I have read the foregoing Addendum to
Employer/Employee Agreement Related to PERS Integration, know the contents
thereof, signed the same as my voluntary act and deed, and submit it for acceptance by
the City.
Employee
Subscribed and sworn to before me this
day of
,2007.
Notary Public
ACCEPTANCE
Upon the action of the City Council on the day of
2007, approving the same, the above Addendum to Employer/Employee Agreement
Related to PERS Integration is hereby accepted and approved by the City of Woodburn.
Dated this _ day of
,2007.
CITY OF WOODBURN
By:
John C. Brown, City Administrator
P<\i3E 2 - AOOE'iC'J:,' TO E\lPLOYER/E:.1PLOYEE AGREEMENT
RELA TeD TO PERS INTEGRATION
94
OF 2-
EXHIBIT f 1
Page -L- of ,""
This Agreement made and entered into this ~..:::s day of August.. 1998, by and
between the City of W oodbum, an Oregon municipal corporation, hereinafter referred to as
"City", and G. S. "Frank" Tiwari, hereinafter referred to as "Employee", both of whom understand
and agree as fonows:
EmployerlEmployee Agreement
Related to PERS Integration
/
Witnesseth:
Whereas, the condition.s in the labor market have convinced the City Council to create an
environment to have city employees become part of the Oregon Public Employees Retirement
System (PERS)~ and
Whereas, the City Council wants to maintain existing employee benefits in a fair and
equitable manner and rectify any problema created by the te<:hnical PERS conversion
requirements; and
Whereu. the City Council believes that it should choose an available alternative that is
both fair to the employee and reasonable to City so that any technical PERS conversion problems
that arise due to the employee. age, length of service, or transferability of funds can be rectified;
and
Whereas, this EmployeelEmployer Agreement Related to PERS Integration (the
Agreement) does not change any of the present terms and conditions of employment but is a
mechanism that makes Employee whole in a manner that is fair to the employee and feasible and
practicable for City; and
Now, therefore, in consideration of the mutual covenants herein contained, the parties
'lgree as follows:
1. EtTective Date.
Employee agrees to participate in the PERS retirement program when it becomes available to
City. This Agreement is effective on the date that City executes an agreement with PERS for
participation in its retirement system.
2. Term.
The term of this Agreement is from the date of its execution by the parties until the legal
obligations established by this Agreement have been fulfilled.
3. Contribution of Amount Equivalent to Employee Portion of PERS Contribution.
In order to make Employee whole under the terms of this Agreement, City agrees to contribute
on behalf of Employee, during the time that Employee is employed by City, an amount equivalent
to Employee':) portion of the PERS retir~ment contribution. This contribution shall b~ paid by
City to Employee' ~ -lO 1.\ r~tirement plan, 3 deferred compensation program, or illY oth.::r
:-.:,~thcd 'lcceptlble to both City and Employee.
:'1;e 1 - Z;y.p:0y~r/Employee Agreement RelJ.ted to PERS Integntion
95
EXHIBIT I \
Page -2_ of "-
4. Reimbunement of Employee Social Security Payment.
In order to make Employee whole under the tenns oftros Agreemen~ City agrees, during the time
that Employee is employed by City. to reimburse Employee for the amount of his total share of
Social Security contributions. This reimbursement shall be paid by City to Employee either as
part of his salary or into Employee's deferred compensation program as requested by Employee
and as pennitted by law.
S. Compensation Pay.
In order to make Employee whole under the tcnns of this Agreement, City agrees to pay to
Employee the predetermined amounts of Compensation Pay set out below in the event that
Employee leaves the employment of City for any reason, including death. If Employee dies while
employed by City any Compensation Pay due shall be paid to Employee.. estate pursuant to law.
City agrees to pay Employee Compensation Pay according to the following schedule:
A. If Employee leaves the employment ofCily during the first five years after the
effective date of this Agreement, City shall pay Compensation Pay equaling one
year of Employee' s base salary at the time Employee leaves employment.
B. If Employee leaves the employment of City during the following four years after
the effective date of this Agreement, City shall pay Compensation Pay equaling six
months of Employee's base salary at the time Employee leaves employment.
C. If Employee leaves the employment of City nine years after the effective date of
this Agreement, City shall have no obligation to pay any amount of Compensation
Pay because Employee has been made whole under the terms of this Agreement.
6. Existing Employment Benefits Continue.
It being the intent of the parties to enter into this Agreement for the sole purpose of making
Employee whole after the PERS integration, it is understood and agreed that the compensation
provided to Employee herein is in addition to Employee's other employment benefits which he
will continue to receive and which are unaffected by this Agreement.
In Witness Whereof, the parties hereto have executed this Agreement on the date first written. a
City of\Voodburn
~
>r ancy A. Ki -- sey, Mayor
EmPIOYe~ _ ,
CS:. 'L~
G.S. Tiwari
.-\ttest:
(' 1 .-~ ~'
. i t \C\_~~._j L"-...-----...,...;...,. -"T
,'.lary r cr.r:J1t, City ilecordrer
Approved as to Form:
ry]~~
N. Rocert Shields, City Attorney
? ~.;~ :: - E;nf10J;.;riErr:~loyee Agre~ment Rehted to PERS Integration
96
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August 13, 2007
TO: Honorable Mayor and City Council
FROM: John C. Brown, City Administrator
SUBJECT: Cancellation of August 27, 2007 Meeting
RECOMMENDATION:
It is recommended the City Council cancel the August 27, 2007 meeting.
BACKGROUND:
Pursuant to City Charter, the City Council is required to meet regularly, at least
once a month. The Council meets twice monthly, or more often, to conduct
City business. The Council occasionally cancels a meeting, due to holiday
schedules or lack of business.
DISCUSSION:
The Mayor is not available for the August 27, 2007 meeting due to scheduled
vacation and travel. Items that would have been scheduled for your
consideration on the 27th were presented at your August 13, 2007 meeting or
can be held until September lOth. Because of the pending absence of the
Mayor and the lack of anticipated agenda items for the second meeting in
August, it is recommended your Council cancel that meeting.
Agenda Item Review: City Administrator ~
/ j
II'
City A ttorney ~)
')
Finance L_i.!.?'
97