Res 1929 - Housing Rehabilitation ProgramCOUNCIL BILL NO. 2772
RESOLUTION NO. 1929
A RESOLUTION ENTERING INTO AN AGREEMENT FOR HOUSING REHABILITIATION
SERVICES WITH THE MID -WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS AND
AUTHORIZING THE CITY ADMINISTRATIOR TO SIGN SAID AGREEMENT.
WHEREAS, the City previously operated a housing rehabilitation program
with funds received from a Community Development Block Grant; and
WHEREAS, the City currently has a rehabilitation fund with income from
principal and loans from previous housing loans; and
WHEREAS, the City is required to use this program income to continue a
rehabilitation program in the community that complies with federal
requirements; and
WHEREAS, the City wishes to contract with the Mid -Willamette Valley Council
of Governments for a housing specialist that will assist the City in the operation and
management of a program of awarding and managing grants and loans to
eligible homeowners for the purpose of rehabilitating their homes, NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn enter into an Agreement with the
Mid -Willamette Council of Governments for housing rehabilitation services,
which is affixed hereto as Attachment "A" and incorporated herein.
Section 2. That the City Administrator is authorized to sign said agreement
on behalf of the City.
Approved as to form:
"T, Tl__A4�
City Attorney
a
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary T nant City Recorder
City of Woodburn, Oregon
Page 1 - COUNCIL BILL NO. 2772
RESOLUTION NO. 1)29
h� Figlev4 Mayor
April 27, 2009
April 29, 2009
April 29, 2009
April 29, 2009
AGREEMENT FOR HOUSING REHABILITATION SERVICES
THIS AGREEMENT, made and entered into, by and between the Mid -Willamette
Valley Council of Governments, a voluntary intergovernmental association created by Charter
and Agreement pursuant to ORS Chapter 190 (hereinafter "COG") and the City of Woodburn, an
Oregon municipality (hereinafter "City").
WITNESSETH:
WHEREAS, City wants to re-establish a Housing Rehabilitation Program and has a need
for COG's services to administer said program; and
WHEREAS, COG is able to provide Housing Rehabilitation services to City;
NOW, THEREFORE, in consideration of the terms, conditions, compensation and
performances contained herein, the parties hereto do mutually agree as follows:
1. Effective Date and Duration:
This Agreement shall become effective on the date that this Agreement has been signed
by both parties. Unless terminated or extended, this Agreement shall expire when the
City accepts COG's completed performance or on April 30, 2010, whichever date occurs
first.
2. Termination:
This Agreement may be terminated at any time by mutual, written consent of the parties
or for convenience by either party upon written notice to the other party of 30 calendar
days.
3. Scope of Work:
A. COG agrees to provide Housing Rehabilitation services to City and assist City in
the operation and management of a program of awarding and managing grants to
eligible homeowners for the purpose of rehabilitating their homes.
B. COG's Housing Rehabilitation services under this Agreement shall consist of the
following:
(1) Review program documents and rules, and make recommendations to City
regarding desirable administrative changes;
(2) Research and document eligibility of grantees;
(3) Develop contracts with contractors and loan documents with homeowners as
provided in City rules;
Page 1 of 4 — Agreement for Housing Rehabilitation Services
ATTACHMENT A
Council of Governments —City of Woodburn page - � ofU
(4) Inspect houses and prepare work specifications and preliminary cost estimates
in accordance with applicable standards and codes;
(5) Assist homeowners in the selection of contractors;
(6) Monitor the performance of contractors;
(7) Review and recommend approval of contractor payment requests;
(8) Attempt to resolve disputes between homeowners and contractors,
(9) Create and maintain files for each case;
(10) Assist City with documents needed for a future Oregon Community
Development Block Grant housing grant application; and
(11) Provide other program related assistance as may be requested by City.
4. Standard of Care:
In the performance of its services, COG shall use that degree of care and skill ordinarily
exercised under similar circumstances by entities performing similar services in the State
of Oregon.
5. Payment:
A. City agrees to compensate COG for the services of a Housing Rehabilitation
Specialist at the hourly rate of $64.00 and the services of loan service support
staff at the hourly rate of $41.50.
B. COG shall provide monthly billing statements to City that clearly identify
activities and hours charged.
6. Independent Contractor.
COG states and affirms that it is acting as an independent contractor, holding itself out to
the general public as an independent contractor. The parties intend that an independent
contractor relationship will be created by this Agreement. City is interested only in the
results to be achieved; all conduct and control of the work will lie predominantly with
COG. COG is not to be considered an agent or employee of City for any purpose, and the
employees of COG are not employees of City nor entitled to any of the benefits that City
provides its employees.
ATTACHMENT
Page 2 of 4 — Agreement for Housing Rehabilitation Services Page 9 Of
Council of Governments — City of Woodburn
7. Indemnification.
City agrees to indemnify and save harmless COG, its officers, employees and agents
from any and all claims, demands, suits and legal actions including appeals arising out of
or in connection with City's performance of work or work product under this Agreement;
provided, however, that City shall have no obligation with respect to any such claims,
demand, suit or legal action which arises out of or in connection with decisions or
directions made by COG concerning structure, standards or operational requirements of
the program, or in connection with work product which has been modified without City's
express authorization, or which has been used contrary to City's express instructions or
for other than its intended purpose, if such modification or misuse is a substantial factor
in causing the asserted loss or injury.
8. Nondiscrimination.
COG shall comply with all applicable federal, state, and local laws, rules and regulations
on nondiscrimination in employment because of race, color, ancestry, national origin,
religion, sex, marital status, age, medical condition, or disability.
9. Governing Law.
This Agreement shall be governed by and construed in accordance with the law of the
State of Oregon.
10. Severability.
If any provision of this Agreement shall be held invalid or unenforceable by any court of
competent jurisdiction, such holding shall not invalidate or render unenforceable any
other provision hereof.
11. Assignment.
Neither party shall assign the Agreement without written consent of the other.
12. Entire Agreement.
This Agreement constitutes the entire Agreement between the parties and supersedes all
prior agreements, written and oral, between the parties. No modification of this
Agreement shall be binding unless in writing and signed by both parties.
ATTACHMENT_
Pare . 2) of -- �--
Page 3 of 4 — Agreement for Housing Rehabilitation Services
Council of Governments — City of Woodburn
13. Notification.
All correspondence and notices related to this Agreement shall be directed as follows:
If directed to the City:
City of Woodburn
270 Montgomery Street
Woodburn, Oregon 97071
Attn: Jim Hendryx, Community Development Director
If directed to the COG:
Mid -Willamette Valley Council of Governments
105 High Street SE
Salem, Oregon 97301-3667
Attn: Nancy J. Boyer, Executive Director
IN WITNESS WHEREOF, COG and City have, by approval of their respective
governing bodies, caused this Agreement to be executed.
MID -WILLAMETTE VALLEY
COUNCIL OF GOVERNMENTS
Nancy J. Boyer, Executive Director
CITY OF WOODBURN
Scott C. Derickson, City Administrator
Date
Date
Page 4 of 4 — Agreement for Housing Rehabilitation Services ATTACHMENT_
Council of Governments — City of Woodburn pagg — 4 of