Res 1947 - Agr Willamette COGCOUNCIL BILL NO. 2798
RESOLUTION NO. 1947
A RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO ENTER
INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE MID -
WILLAMETTE COUNCIL OF GOVERNMENT (COG) FOR THE
PREPARATION OF AN ECONOMIC DEVELOPMENT PLAN.
WHEREAS, the Woodburn City Council has identified the need to promote
economic development within the community, and
WHEREAS, the City Council recognizes that a successful economic
development plan needs to be done in partnership with the Chamber of Commerce; and
WHEREAS, it is recognized that development of the plan will take considerable
resources and that the Mid -Willamette Council of Governments (COG) has resources and
experience preparing such plans; and
WHEREAS, the COG has prepared a Intergovernmental agreement (IGA)
outlining the steps to complete an economic development plan; and
WHEREAS, the Woodburn Chamber of Commerce Economic Development
Committee met on July 1, 2009, recommending that the City of Woodburn enter into an
IGA with the COG to complete the Woodburn Economic Development Plan; and
WHEREAS, development of the plan will take approximately 9 months to
complete and the Mayor, with Council's concurrence, will formally appoint a steering
committee to oversee the development of the Economic Development Plan, and
WHEREAS, Funding for the plan is to be paid out of Transient Occupancy Tax,
NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. The City Council hereby directs the City Administrator on behalf of the
City to enter into the agreement for economic development planning services with the COG
affixed here to as attachment A.
Section 2. The City Administrator shall provide regular updates to the City
Council on the status of the Economic Development Plan.
Section 3. The City Administrator shall have the City Council adopt the
Economic Development upon its completion by the COG.
Page 1 COUNCIL BILL NO. 2798
RESOLUTION NO. 1947
Approved as to form: ,�, 1, *70-7 1 2LI 7001
City Attorney � Date e�--)
Approv0d:
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mad Te ant City Recorder
City of Woodburn, Oregon
Page 2 COUNCIL BILL NO. 2798
RESOLUTION NO. 1947
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July 30, 2009
July 30, 2009
July 309 2009
Attachment A
AGREEMENT FOR ECONOMIC DEVELOPMENT PLANNING 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 named "COG") and the City of Woodburn, an Oregon
municipality (hereinafter named "City").
WITNESSETH:
WHEREAS, City wants to develop an economic development strategy and wishes to utilize
COG to provide professional support to the strategy development process; and
WHEREAS, COG is able to provide such 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 July 15, 2009. Unless terminated or extended, this
Agreement shall expire when the City's economic development strategy is completed, or on
April 30, 2010, whichever date occurs first.
2. Termination:
This Agreement may be terminated at any time by mutual, written consent of both parties, or
for convenience, by either party upon written notice to the other party of 30 calendar days.
3. Scope of Work:
The objectives of this economic development strategy effort are to: 1) identify the most
critical economic conditions, challenges and opportunities facing Woodburn; 2) to flesh out
and build consensus on a set of co -coordinated strategic activities to be undertaken by the
City, the Chamber and other groups of community stakeholders to address these critical
economic needs; and 3) to establish a mechanism for coordinating and monitoring these
activities, and to measure their progress over time.
COG shall provide the following services in support of this economic development strategy
development process:
A. Research and compile existing relevant economic and demographic data on the
Woodburn area economy and prepare briefing folders for members of the Economic
Development Planning Committee ready for copying. The informational material will
also include summary conclusions about the most important area economic conditions
and trends. The target date for completion of this task is the week of August 3 — 7, 2009.
B. Facilitate a group work session of the Economic Development Planning Committee to
develop the following:
• A working definition of economic development and a consensus on the broad
outlines of what a Woodburn economic development strategy should try to
accomplish.
Page 1 of 4 — Agreement for Economic Development Planning Assistance
Council of Governments — City of Woodburn
• A list of community strengths, weaknesses, opportunities and threats.
• A list of key strategic economic issues facing the community.
The estimated period for holding the work session is in the first two weeks of September,
at a date and time to be established in consultation with City staff.
C. Based on the economic data and the group work session conclusions, COG will develop a
list of potential questions to be included in a broad community survey and another list of
potential questions to be used in one-on-one interviews with a small number of
community economic impact leaders. The Economic Development Planning Committee
will be given an opportunity to review and comment on the questions prior to their use,
and to suggest candidates for interviews. The target date for finalizing survey questions is
the week of October 5 - 99 2009.
D. After review and approval of survey methodologies by the City Administrator, COG shall
interview up to twelve economic impact leaders and assist with the distribution of written
surveys. COG shall compile and organize survey results to be presented to the Economic
Development Planning Committee at their next session in November.
E. Facilitate the next meeting of the Economic Development Planning Committee, focusing
on the following actions:
• Review and discuss results of surveys and interviews
• Review and adjust, if necessary, the conclusions and findings of the first work
session and the goals of the economic development strategy
• Develop a list of potential strategic actions that can be undertaken locally
• Prioritize activities and assign roles and responsibilities for implementation
• Identify potential resources for each activity, both within the community and from
outside the community
The estimated time for holding the work session is during the November 9 — 20 period. If
an additional work session of the Committee is needed to complete the work, it will be
held during the first two weeks of December 2009.
F. Prepare a written summary of group findings and recommendations for the City which
will include a set of goals, a list of activities to be undertaken, organizational roles and
responsibilities, a responsibility matrix, and an organizational mechanism for monitoring
and reporting on the various economic development activities and projects. The report
will be submitted to the City Administrator by COG no later than January 31, 2010.
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.
Page 2 of 4 — Agreement for Economic Development Planning Assistance
Council of Governments — City of Woodburn
5. Payment:
A. COG understands and agrees that its total compensation under this agreement shall not
exceed $6,000 unless otherwise approved by the Woodburn City Council.
B. COG will be compensated on an hourly reimbursement at a rate of $88.00 per hour for
the services of either Ray Teasley or Nancy Boyer. The hourly fee includes all costs and
expenses, including travel, of the COG staff.
C. Because the city is a COG member, the first 24 hours of time required by COG staff for
this project will not be charged to the City.
D. COG shall provide billing statements to City that clearly identify activities, dates and
hours charged and staff on a monthly basis or within 30 days of accruing charges.
E. 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.
F. 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.
G. 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.
H. Governing Law.
This Agreement shall be governed by and construed in accordance with the law of the State
of Oregon.
I. 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.
J. Assignment.
Neither party shall assign the Agreement without written consent of the other.
Page 3 of 4 — Agreement for Economic Development Planning Assistance
Council of Governments — City of Woodburn
K. 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.
L. Notification.
All correspondence and notices related to this Agreement shall be directed as follows:
If directed to the C its
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 Date
CITY OF WOODBURN
Scott C. Derickson, City Administrator Date
Page 4 of 4 — Agreement for Economic Development Planning Assistance
Council of Governments — City of Woodburn