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03-22-2010 Agenda Packett z CITY OF WOODBURN CITY COUNCIL AGENDA MARCH 22, 201 ~ - 7:~0 P.M. KATHRYN FIGLEY, MAYOR DICK PUGH, COUNCILOR WARD ~ J. MEL SCHMIDT, COUNCILOR WARD II PETER MCCALLUM, COUNCILOR WARD III DAMES COX, COUNCILOR WARD IV FRANK LONERGAN, COUNCILOR WARD V ERIC MORRIS, COUNCILOR WARD VI CITY HALL COUNCIL CHAMBERS - 270 MONTGOMERY STREET 1. CALL TO ORDER AND FLAG SALUTE 2. ROLL CALL 3. ANNOUNCEMENTS AND APPOINTMENTS Announcements: A. Woodburn Recreation and Parks will be hosting the annual egg hunt at 5:00 PM on Thursday, April 1 at Legion Park. Please join us for this free family event, featuring lots of candy and more than 2,000 eggs. B. The filing period for Mayor and Council positions will open June 2, 2010. Positions to be voted upon at the November 2, 2010 general election are as follows: Mayor: At-Large position (2-year term) Councilor -Ward III: Precinct 835 (4 -year term) Councilor -Ward IV: Precinct 845 (4 -year term) Councilor -Ward V: Precinct 855 (4 -year term) Candidate filing forms and instructions are available from the City Recorder and are posted on the Cify website. Appointments: G. Horst P. Raustein -Budget Committee 4. PROCLAMATIONS/PRESENTATIONS Proclamations: A. None Presentations: B. Right of Way - ODOT ••Habra interpreter aisponib~es Para aque~~as personas que no (jab~an Ing~es~ previo acuerao. Comuniquese a~ 1503) 980-2485... March 22, 2010 Council Agenda Page i C. Main Street Program 5. COMMITTEE REPORTS A. Chamber of Commerce B. Woodburn School District 6. COMMUNICATIONS None. 7. BUSINESS FROM THE PUBLIC -This allows the public to introduce items for Council consideration not already scheduled on the agenda. 8. CONSENT AGENDA -Items listed on the consent agenda are considered routine and may be adopted by one motion. Any item may be removed for discussion at the request of a Council member. A. Woodburn City Council minutes of March 8, 2010 3 Recommended Action: Approve the minutes. B. Park and Recreation Board minutes 7 Recommended Action: Approve the minutes. C. Appointment of Administrator Pro Tem. Recommended Action: Appoint Police Chief Scott Russell as Administrator Pro Tem for the period of April 23, 2010 through April 30, 2010. 9. TABLED BUSINESS A. Woodburn City Council minutes of February 22, 2010 12 Recommended Action: Remove from the table and approve the minutes as modified. B. Council Bill No. 2814 - A Resolution modifying the Business Assistance Loan Program guidelines. 10. PUBLIC HEARINGS A. Alternate means of contracting for Aquatic Center Repair B. Taxicab Ordinance March 22, 2010 Council Agenda Page ii 11. GENERAL BUSINESS-Members of the public wishing to comment on items of general business must complete and submit a speaker's card to the City Recorder prior to commencing this portion of the Council's agenda. Comment time may be limited by Mayoral prerogative. A. Council Bill No. 2816 - An Ordinance providing for the 13 regulation of Taxicabs; Taxicab Drivers; Taxicab Companies; and setting an effective date. Recommended Action: Adopt the Ordinance B. Council Bill No. 2817 - An Ordinance amending the Woodburn 33 Development Ordinance to allow signs within the public rights- of-way in the retirement community single-family residential (R1 S) zone. Recommended Action: Adopt the Ordinance C. Council Bill No. 2818 - An Ordinance repealing Ordinance 37 2308 (the Personnel Policy and Procedures Manual Ordinance) Recommended Action: Adopt the Ordinance D. Council Bill No. 2819 - A Resolution adopting the City of 43 Woodburn's representation in the Marion County Multi- Jurisdiction Hazard Mitigation Plan. Recommended Action: Adopt the Resolution E. Council Bill No. 2820 - A Resolution initiating the Enterprise Zone 46 application. Recommended Action: Adopt the Resolution F. Council Bill No. 2821 - A Resolution authorizing execution of a 53 Police Records Management and Mobile Data System Agreement between the City of Woodburn and the City of Siiverton Recommended Action: Adopt the Resolution G. Council Bill No. 2822 - A Resolution authorizing execution of a 57 Police Records Management and Mobile Data System Agreement between the City of Woodburn and the City of Mt. Angel Recommended Action: Adopt the Resolution March 22, 2010 Council Agenda Page iii H. Council Bill No. 2823 - A Resolution authorizing execution of a 59 Police Records Management and Mobile Data System Agreement between the City of Woodburn and the City of Hubbard. Recommended Action: Adopt the Resolution Council Bill No. 2824 - A Resolution entering into an agreement 61 with Redflex Traffic Systems, Inc. for Photo Red Light and Authorizing the City Administrator to execute said agreement. Recommended Action: Adopt the Resolution J. Council Bill No. 2825 - A Resolution exempting the Aquatic 123 Center roof and building shell repairs contract from competitive bidding requirements and authorizing use of the construction manager/general contractor procurement method. Recommended Action: Adopt the Resolution K. Bancroft application -Acceptance of Bancroff Bond 131 Application. Recommended Action: Council accept the Bancroft Bond applications submitted by property owners within the Ironwood Subdivision Local Improvement District which were filed after the initial 10-day filing period. 1. Award of construction contract for the Downtown Transit 132 Facility Project No. 2009-014-28. Recommended Action: That the City Council, acting as the Local Contract Review Board, approve the award of the construction contract for the Downtown Transit Facility Improvements Project in the amount of $55,795.00. 12. PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS -These are Planning Commission or Administrative Land Use actions that may be called up by the City Council. A. None 13. CITY ADMINISTRATOR'S REPORT 14. MAYOR AND COUNCIL REPORTS 15. EXECUTIVE SESSION March 22, 2010 Council Agenda Page iv A. To conduct deliberations with persons designated by the governing body to carry on labor negotiations pursuant to ORS 192.660 (2) (i). 16. ADJOURNMENT March 22, 2010 Council Agenda Page v ß¹»²¼¿ ×¬»³ March 22, 2010 TO: City Council FROM: Kathy Figley, Mayor SUBJECT: Budget Committee Appointment The following appointments are made, subject to the approval of the Council. Please forward any adverse comments to me prior to the Council meeting on Monday, March 22, 2010. No reply is required if you approve of my decision. BC UDGETOMMITTEE Position III – Horst P. Raustein (see attached Application for commission) – term ends 12/12. ï City of Woodburn Application For Commission/Committee/Board Member Name: Horst P Raustein Date: March 19, 2010 Present Address: 1591 Willow Ave City/State/Zip: Woodburn, 97071 Phones:Work: n/aHome: 503 981-1494 Message: n/a Years Lived In Woodburn: 44 years, (15 years within city limits Occupation: Retired Education: Master of Science Management, Marylhurst College, Lake Oswego Address for Past 5 Years: Same as present City/State/Zip: Commission/Committee/Board Applying For (excluding City Council and Mayor position): Woodburn Budget Committee Weed and Seed Committee Woodburn Library Board X Other (Specify) Economic Development Woodburn Planning Commission Committee Woodburn Recreation and Parks Board Why you want to apply: To serve my community and aid it’s economic growth. What experience/expertise/interest do you have for this group? Over 40 years employed at various corporations as Technical, Business, and Quality Assurance Manager, including 30 as Owner/Operator of a Blueberry Farm. Certifications: (inactive) Certified Quality Engineer, Certified Quality Systems Auditor. Professional activities: Senior Member American Quality Society, Past Chairman of Portland Chapter, Member of American Reliability Society, Past President. Volunteer activity: Member of Silverton Hospital Auxiliary, Past President and Treasurer Resume available, if requested When you apply, it is understood that you will be volunteering to attend all meetings and to actively participate. Commissions/Committees/Boards generally meet once monthly during the evening hours. Some groups may meet more often, if necessary. This form is not an application for a City Council or Mayor position. î COUNCIL MEETING MINUTES March 8, 2010 ôêïî DATE: COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, 0:00 COUNTY OF MARION, STATE OF OREGON, MARCH 8, 2010. CONVENED: The meeting convened at 7:00 p.m. with Mayor Figley presiding. ROLL CALL: Mayor Figley Present Councilor Cox Absent Councilor Lonergan Present Councilor McCallum Present Councilor Morris Present Councilor Pugh Present Councilor Schmidt Present Staff Present: City Administrator Derickson, Assistant City Administrator Stevens, City Attorney Shields, Police Chief Russell, Police Captain Garrett, Police Captain Alexander, Public Works Director Brown, Economic & Community Development Director Hendryx, Community Services Director Row, Finance Director Palacios, City Recorder Shearer. ANNOUNCEMENTS 0:01 A.On Friday, March 19th the Chamber will host the 57th annual Distinguished Service Awards Banquet at Wellspring. Tickets are available at the Chamber office for $30. B.Woodburn Proud is hosting a community cleanup on Saturday, March 20 from 8am to noon at the Woodburn Armory. APPOINTMENTS: 0:02 McCallum/Lonergan … approve the appointment of Mike Sowa to the Planning Commission made by the Mayor. Motion passed unanimously PRESENTATIONS: 0:03 C.Brad Bingenheimer & Jeff Eschen gave a presentation summarizing the results of the 2008-2009 Financial Audit. D.Chief Russell gave an overview of the 2009 Crime Statistics. (0:22) E.Economic & Community Development Director Hendryx updated Council on Enterprise Zones. (0:52) COMMITTEE REPORTS: 1:27 A.Don Judson, Executive Director of the Woodburn Chamber of Commerce provided an update on upcoming Chamber events. B.Superintendent Walt Blomberg of the Woodburn School District provided a report on vaccination clinics operated by the School District last fall. Superintendent Blomberg also invited Council to the Brothers Grimm drama Page 1 - Council Meeting Minutes, March 8, 2010 í COUNCIL MEETING MINUTES March 8, 2010 ôêïî production. Finally, Superintendent Blomberg announced the appointment of a new Superintendent, David Bautista. He also updated Council on the numerous recent accomplishments of Woodburn students. BUSINESS FROM THE PUBLIC: 1:38 Sheldon Trever from the US Census bureau made a presentation encouraging Woodburn citizen participation in the decennial census. CONSENT AGENDA: 1:44 McCallum/Pugh… that the Minutes of February 22, 2010 be tabled pending revision. Motion passed unanimously. PUBLIC HEARING – GRAFFITI NUISANCE ABATEMENT 1:46 Mayor Figley declared the hearing open at 8:45 pm for the purpose of hearing public input on proposed graffiti nuisance abatement. Captain Garrett provided an overview of police activities to abate graffiti at 1059 N. Front street. Mayor Figley invited the proponents of the Graffiti Nuisance Abatement to address Council; no one wished to speak in favor. Mayor Figley invited the opponents of the Graffiti Nuisance Abatement to address Council; no one wished to speak against. The Public Hearing was closed at 9:03 pm. Council discussed the testimony received and asked further clarifying questions of staff. COUNCIL BILL NO. 2815 – A RESOLUTION FINDING THAT THE PROPERTY 2:03 LOCATED AT 1059 N. FRONT STREET, WOODBURN, OREGON CONSTITUTES A GRAFFITI NUISANCE PROPERTY AND AUTHORIZING THE WOODBURN POLICE CHIEF TO ABATE SAID NUISANCE Councilor McCallumintroduced Council Bill No. 2815. Recorder Shearer read the bill by title only since there were no objections from the Council. Councilor Schmidt declared a conflict of interest and removed himself from the discussion and vote. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2815 duly passed. TOWING SERVICES 2:06 Chief Russell presented a staff report on the options to update and improve contracted towing services and requested Council input on the information presented. Council discussed the issue and asked questions of staff. Council directed Chief Russell to prepare an RFP for tow services that provides appropriate controls and consumer protections to ensure fair costs and appropriate services. Page 2 - Council Meeting Minutes, March 8, 2010 ì COUNCIL MEETING MINUTES March 8, 2010 ôêïî ACCEPTANCE OF BANCROFT BOND APPLICATIONS 2:18 Councilor McCallum declared a potential conflict of interest and did not participate in Schmidt/Lonergan this item. ...accept the Bancroft Bond applications submitted by property owners within the Ironwood Subdivision Local Improvement District which were filed after the initial 10-day filing period. Motion passed unanimously. INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF SILVERTON 2:19 Lonergan/McCallum ...authorize the City Administrator to sign an intergovernmental agreement (IGA) with the City of Silverton for Structural/Mechanical Inspections and Plan Reviews. Motion passed unanimously. INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF DALLAS 2:20 Lonergan/McCallum ...authorize the City Administrator to sign an intergovernmental agreement (IGA) with the City of Dallas for Structural/Mechanical Inspections and Plan Reviews. Motion passed unanimously. CAM PROPERTY EXCHANGE 2:22 Lonergan/McCallum ...authorize the City Administrator to enter into a property exchange agreement with Pirfil and Elana Cam according to the terms outlined in the staff report in a legal form acceptable to the City Attorney. Motion passed unanimously. TAXICAB ORDINANCE AND ADMINISTRATIVE ENFORCEMENT 2:25 PROGRAM Council discussed a draft taxicab ordinance and asked clarifying questions of staff. Council provided suggestions for revisions and directed staff to make modifications and return it for approval. CITY ADMINISTRATOR’S REPORT: 2:42 A.E-Blurb coming out tomorrow/next day B.City Attorney Shields provided an update on efforts to improve access to ordinances. MAYOR AND COUNCIL REPORTS: 2:55 Councilor Pugh suggested that the City work to provide the Finance department with additional financial planning resources – perhaps through the Budget Committee. Page 3 - Council Meeting Minutes, March 8, 2010 ë COUNCIL MEETING MINUTES March 8, 2010 ôêïî ADJOURNMENT: 3:00 Schmidt/McCallum… meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:00 p.m. APPROVED KATHRYN FIGLEY, MAYOR ATTEST ____ Christina M. Shearer, Recorder City of Woodburn, Oregon Page 4 - Council Meeting Minutes, March 8, 2010 ê Minutes Woodburn Recreation and Parks Board Tuesday, March 9, 2010 7:00 p.m. Call to Order 1. The meeting and was called to order at 7:00 p.m. Rosetta Wangergin; Board Chair was absent, Joseph Nicoletti; Board Secretary conducted the meeting. Roll Call 2. Board Chair Rosetta Wangerin Absent Board Secretary Joseph Nicoletti Present Member Zandi Cox Present Member Bruce Thomas Present Member Cheryl Shepherd Present Member Charlene Williams Absent Member Alexa Morris Absent Staff present: Stu Spence, Recreation Services Manager; Debbie Wadleigh, Aquatic Manager; Paulette Zastoupil, A.A. Approval of Minutes from February 9, 2010 3. Bruce Thomas/Zandi Cox - Motion to accept the minutes after correcting one word. The motion passed unanimously. Business from the Audience 4. None OLD BUSINESS 5. Wyffels Park – Stu Spence Stu reported that Jim had submitted the Land and Water Conservation Fund Grant application and that the review would be April 15, 2010. He then gave a PowerPoint presentation showing the proposed playground design, and project area. Since this grant program requires a 50% match, which can include in-kind, non-cash, contributions, Stu stated that Burlingham Trust would be contacted for a possible contribution. Board commented that the design was appropriate to the project. Mexican Fiesta – Stu Spence th Stu reported that the first planning meeting on February 24 had great momentum th and energy. The next planning meeting is this Wednesday, March 10 at 6:00 p.m. and Stu invited interested parties to attend. He shared the agenda in which the attending group will focus forming committees. The city will facilitate the event as a full partner until a group formalizes itself at some point in the future. They would hopefully take the event over at that point. th Bruce Thomas asked the status on the 4 of July celebration and Stu stated that with Jim working with the fireworks company, contractors and Fire Marshall, the conclusion was that everything would remain the same except be the direction the Page 1 é Minutes Woodburn Recreation and Parks Board Tuesday, March 9, 2010 7:00 p.m. fireworks are launched and as a precaution the Fire Marshall wanted sprinklers placed atop of the new concession building. NEW BUSINESS 6. None. Business from the Department Aquatics – Debbie Wadleigh th Debbie reported 4 grade swim lessons had 467 participants compared to 287 last year. She contributed the increase by be able to include Arthur Academy. She also stated that with the end of high school swim teams she was able to add another swim lesson time on Tuesday and Thursday evenings, increasing instructional opportunities. She invited everyone to participate in Lucky Day at the pool, where guests pick a lucky coin to see what prize they can win. Lifeguard training is starting March 22 – 26 from 8:30 a.m. – 4:30 p.m. During Spring Break there will be open swims, family swims and tots N tow and Debbie encouraged families to come and enjoy the facilities. She shared that Shelly Shook and herself have completed their Arthritis Foundation Aquatic Program Instructor certification so they could continue teaching the well established water exercise program. Recreation – Stu Spence Youth Sports – Basketball has concluded for the season. We hosted a special iHoops NBA Skills Challenge in February that 25 kids participated in. This is first a local, then regional and finally a national competition. One 13 year old girl won and will have the opportunity to move to the regional’s. Boys and Girls Club & After School Club – Steering Committee will launch their capital campaign later this month. Stu gave each board member a copy of the marketing brochure that will be distributed to the public. Chief Russell and Mayor Figley are co-chairs on the committee. Youth Advisory Board – The Youth Advisory Board will be volunteering for the Woodburn Art Center this Saturday.They are currently working on fundraising ideas for Haiti and organizing a talent show and selling bracelets. Woodburn Reads – During Dr. Seuss week, Woodburn Reads had a “pass the hat” fundraiser at local service clubs which brought in over $50.00. PAL Grant – In partnership with the Weed & Seed program, our department received a $25,000 mentoring grant from National Police Activities League. We are hoping to serve over 50 kids in the after school program over 13 months. Break Dancing Club – The club is up and running at Nuevo Amanacer with 25 kids currently participating. The program will be 4 days a week from 4:30 – 6:00 pm. Nuevo Amanacer will track participants and their school grades. No gang affiliation allowed, and the group will become part of a larger break dancing crew that will provide entertainment at city sponsored events. Page 2 è Minutes Woodburn Recreation and Parks Board Tuesday, March 9, 2010 7:00 p.m. Parks & Facilities – Jim Row No report. Announcements th Woodburn Proud Clean-up, March 20 from 8:00 a.m. – noon. If you would like to help, please meet at the Woodburn Armory at 8:00 a.m. Music in the Park will also have a Farmers Market in the Plaza. The Friends of the Woodburn Public Library is seeking sponsors for the 2010 season. Concerts are every Tuesday evening starting in July through August. Food is available from local vendors. . Future Board Business 8 None. Board Comments 9. Bruce Thomas invited everyone to buy tickets and attend the annual Woodburn th Art Center luncheon. The luncheon is March 13 from Noon – 3:00 p.m. and tickets are $15.00. This is also an opportunity to purchase local art. Zandi Cox stated how much her family enjoys the swimming pool and complimented Debbie and her staff on the friendly and professional atmosphere. She encouraged all families to take advantage of all the recreational opportunities the pool offers. Adjournment 10.7:40 p.m. ______________________________ _________________________________ Joseph Nicoletti, Board Secretary Paulette Zastoupil, Recording Secretary Date_________________ Date___________________ Page 3 ç COUNCIL MEETING MINUTES February 22, 2010 Counter DATE: COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, 1-0000 COUNTY OF MARION, STATE OF OREGON, FEBRUARY 22, 2010. CONVENED: The meeting convened at 7:00 p.m. with Mayor Figley presiding. ROLL CALL: Mayor Figley Present Councilor Cox Absent Councilor Lonergan Absent Councilor McCallum Present Councilor Morris Present Councilor Pugh Present Councilor Schmidt Present Staff Present: City Administrator Derickson, Assistant City Administrator Stevens, City Attorney Shields, Public Works Director Brown, Economic & Community Development Director Hendryx, Community Services Director Row, Finance Director Palacios, City Recorder Shearer. ANNOUNCEMENTS 1-0070 Richard Jennings presented Distinguished Service Awards to Kelly Long Howard (Junior First Citizen), Councilor Pete McCallum (Senior First Citizen), and Bruce Thomas (Senior First Citizen). th Mexican Fiesta Planning meeting will be held Wednesday, February 24 at 6pm, City Hall. BUSINESS FROM THE PUBLIC: 1-0975 Angie & Kevin Wheatcroft of 3707 Ninth St in Hubbard discussed their experience with a tow operator in Woodburn. Ms. Wheatcroft felt that the tow charges were excessive and wanted Council to be aware of the situation. The Wheatcrofts requested that the City review the selection and oversight of tow operators utilized by the City for involuntary tows. Council directed staff to look into options for involuntary tows. CONSENT AGENDA: 1-1985 A) approve the Woodburn City Council minutes of February 8, 2010; and B) accept Community Services Department Statistics; and C) approve the Parks and Recreation Minutes of February 9, 2010. Councilor Schmidt pointed out an error in the attendance totals in the Parks and Recreation minutes. Community Services Director Row stated the error would be corrected. A revised statistics report was submitted to the City Recorder’s Office. Pugh/Morris …adopt the Consent Agenda as modified. The motion passed unanimously. COUNCIL BILL NO. 2813 – A RESOLUTION AUTHORIZING THE 1-2262 Page 1 - Council Meeting Minutes, February 22, 2010 ïð COUNCIL MEETING MINUTES February 22, 2010 Counter DEPARTMENT OF COMMUNITY SERVICES TO APPLY FOR A LAND AND WATER CONSERVATION FUND GRANT FROM THE OREGON PARKS AND RECREATION DEPARTMENT FOR THE REPLACEMENT OF THE PLAYGROUND AT WYFFELS PARK AND DELEGATING AUTHORITY TO THE DIRECTOR OF COMMUNITY SERVICES TO SIGN THE APPLICATION Councilor McCallumintroduced Council Bill No. 2813. Recorder Shearer read the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2813 duly passed. COUNCIL BILL NO. 2814 – A RESOLUTION MODIFYING THE BUSINESS 1-2370 ASSISTANCE LOAN PROGRAM GUIDELINES Councilor McCallum introduced Council Bill No. 2814. Recorder Shearer read the bill by title only since there were no objections from the Council. Councilor Pugh moved that this item be tabled for future consideration. Councilor McCallum seconded. On roll call vote on the motion to table, the motion passed unanimously. Mayor Figley declared Council Bill No. 2814 tabled. TYPE V LEGISLATIVE AMENDMENT – LEGISLATIVE AMENDMENT LA 1-2450 2009-02, ALLOWING SIGNS IN THE PUBLIC RIGHT-OF-WAY IN THE RETIREMENT COMMUNITY SINGLE-FAMILY RESIDENTIAL (R1S) ZONE Economic and Community Development Director Hendryx gave a presentation on the proposed legislative amendment. Council discussed the proposed amendment. Council expressed that they did not want this amendment applying to right of way along Highway Pugh/McCallum 214.…accept the amendment except where it would pertain to Highway 214. The motion passed unanimously. PROFESSIONAL SERVICES CONTRACT AWARD TO MURRAY SMITH AND 1-3567 ASSOCIATES – DESIGN OF PRIMARY AND SECONDARY DISINFECTION OF THE WATER SUPPLY SYSTEM McCallum/Schmidt …that Council, as Local Contract Review Board, authorize the City Administrator to enter into a Professional Services Contract with Murray Smith and Associates to provide professional services for pre-design, final design, and construction engineering services for primary and secondary disinfection of the City’s water supply system in the amount of $208,817. The motion passed unanimously. ACCEPTANCE OF TWO PUBLIC UTILITY EASEMENTS TAX LOTS 1-3740 05W1400800 AND 052W13BD-01800 Morris/Pugh …Council accept the two Public Utility Easements described on Attachment “A” and Attachment “B” to the Staff Report for this item. The motion passed unanimously. SILVERTON NETWORK SUPPORT AGREEMENT 1-3850 Page 2 - Council Meeting Minutes, February 22, 2010 ïï COUNCIL MEETING MINUTES February 22, 2010 Counter McCallum/Pugh… Council authorize the City Administrator to execute an intergovernmental agreement with the City of Silverton to provide computer and network support. The motion passed unanimously. AUTHORIZE SIGNERS FOR CITY GENERAL BANK ACCOUNTS 1-4380 Pugh/Schmidt … Council authorize the attached bank resolutions authorizing signers on the City’s general bank accounts. The motion passed unanimously. CITY ADMINISTRATOR’S REPORT: 1-4661 A) Another E-Blurb will be issued soon B) Relay for Life fundraising is ongoing MAYOR AND COUNCIL REPORTS: 1-4750 Councilor Morris reported that the Change for Haiti fundraiser at High School is ongoing Councilor Morris asked for an update on the Enterprise Zone application. City Administrator Derickson reported that the application is moving along well and Economic & Community Development Director Hendryx stated additional th information will be before Council on March 8. ADJOURNMENT: Schmidt/McCallum… meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:20 p.m. APPROVED KATHRYN FIGLEY, MAYOR ATTEST ____ Christina M. Shearer, Recorder City of Woodburn, Oregon Page 3 - Council Meeting Minutes, February 22, 2010 ïî ß¹»²¼¿ ×¬»³ March 22, 2010 TO: Honorable Mayor and City Council FROM: Scott C. Derickson, City Administrator N. Robert Shields, City Attorney SUBJECT: Taxicab Ordinance and Administrative Enforcement Program RECOMMENDATION: Conduct a public hearing on the Taxicab Ordinance and engage in further deliberation. Council’s options are: 1. Adopt the Taxicab Ordinance; 2. Direct staff to modify the Taxicab Ordinance; or 3. Choose not to adopt the Taxicab Ordinance. BACKGROUND: At your last meeting, the proposed Taxicab Ordinance and Administrative Enforcement Program were discussed by the City Council. Staff was directed to finalize the ordinance and notice a public hearing. Based upon Council direction, a public hearing notice was published in the Woodburn Independent newspaper on March 17 and 20 prior to the hearing. Additionally, public hearing notices were mailed to every taxicab operator with a business registration. DISCUSSION: The March 8, 2010 Staff Report outlining the important points contained in the ordinance is attached for your reference. The ordinance was further modified to address the concerns raised by the Council when it was discussed. The modifications are as follows: External Display of Sticker Section 3 E was added to require that an external Taxicab Company Permit sticker be prominently displayed on the outside of a Taxicab. Additionally, the driver must have the Taxicab Driver Permit displayed and available for inspection on the inside of the Taxicab. (See Section 10 C 1) Agenda Item Review: City Administrator ___x__ City Attorney __x__ Finance __x__ ïí Honorable Mayor and City Council March 22, 2010 Page 2 Complaints Section 16 A requires that every Taxicab have posted in a prominent place within the passenger compartment a notice providing the necessary information to file a complaint with the City and/or Taxicab Company under the ordinance. Fees The fees included in the Taxicab Ordinance are based upon what staff (City Administrator, Finance Department and Police Department) believes will be the amount necessary to recover the City’s administrative costs. These fees may have to be adjusted in the future as staff administers the ordinance. Effective Date After the passage of the Taxicab Ordinance, staff needs a reasonable amount of time to educate the public as to the ordinance and to obtain voluntary compliance. Existing Taxicab Companies need some time to adapt to the new regulation. A period of three to six months was suggested in the Council discussion. Based upon this, and after a discussion with the Finance Director and Police Chief about the time necessary for administrative implementation, an October 1, 2010 effective date was choosen. (See Section 21) Other Administrative Changes The significant modifications made to the ordinance after Council discussions are listed above. Other more minor changes were also included. Staff will be available to answer any Council questions. FINANCIAL IMPACT: The Taxicab Ordinance and Administrative Enforcement Program will have a financial impact on the City. The exact amount of the impact is not presently known. ïì ïë ïê ïé ïè COUNCIL BILL NO. 2816 ORDINANCE NO. 2464 AN ORDINANCE PROVIDING FOR THE REGULATION OF TAXICABS; TAXICAB DRIVERS; TAXICAB COMPANIES; AND SETTING AN EFFECTIVE DATE WHEREAS, the Woodburn Charter provides that the City shall have all powers which the constitutions, statutes, and laws of the United States and of Oregon expressly or impliedly grant; and WHEREAS, the above referenced grant of power has been interpreted as affording the City all legislative power under the home rule provisions of the Oregon Constitution; and WHEREAS, it is the purpose of this Ordinance to require that those persons operating taxicabs do so in a safe, fair and efficient manner; and WHEREAS, the taxicab industry constitutes an important part of the City's transportation system, and transportation so fundamentally impacts the well- being of the City's citizens that some regulation is necessary to ensure that the public safety is protected, the public need provided for, and the public convenience promoted; and WHEREAS, the provisions contained herein should be applied and enforced in such a manner as to require the taxicab industry to regulate itself, under City supervision, to promote innovation and adaption to changing needs, and respond to economics of the marketplace, so long as the public interest is served, NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Definitions A. Certified Mechanic. A mechanic who meets all the following criteria: 1. Does not own, lease or drive a Taxicab; 2. Has no financial interest in any Taxicab Company operating within the State of Oregon; 3. Has received ASE (Automotive Service Excellence) A Series (Automobile/Light Truck Certification) master certification; and PAGE 1 -COUNCIL BILL NO. 2816 ORDINANCE NO. 2464 4. Is not employed by any Taxicab Company. B. City Recorder. The City of Woodburn City Recorder or designee. C. Driver. Any person operating Taxicabs as a Driver for any Taxicab Company regardless of whether the vehicles so operated are owned by the company, leased, or owned by individual members of the company. D. Finance Director. The City of Woodburn Finance Director or designee. E. Flat Rate. A rate that remains constant regardless of the distance traveled or the time involved. F. Operate. To drive a Taxicab, to use a Taxicab in the conduct of business, to receive money from the use of a Taxicab, or cause or allow another person to do the same. G. Person. Any individual, partnership, trust, estate, corporation, or other form of business organization recognized by Oregon law. H. Police Chief. The City of Woodburn Chief of Police or designee. I. Taxicab. Any motor vehicle used for transportation for hire where the destination and route traveled may be controlled by a passenger and the fare is calculated on the basis of any combination of an initial fee, distance traveled, waiting time, or a flat fee except for an accessible vehicle, ambulance, limousine, medical transport vehicle, shuttle or tour bus. For purposes of this section, the following definitions shall apply: a) "Accessible vehicle" means any motor vehicle constructed and equipped for the non-emergency transportation of persons in wheelchairs, persons using other mobility aids, or with other mobility impairments. b) "Ambulance" means any motor vehicle constructed and equipped for the emergency transportation of persons because of or in connection with their illness, injury or disability. c) "Limousine" means any luxury class motor vehicle that is operated for hire on a reserved, hourly basis. d) "Medical transport vehicle" means any motor vehicle constructed and equipped for the non-emergency transportation of persons in connection with their illness, injury or disability. e) "Shuttle" means any motor vehicle for hire that transports passengers between predetermined destinations (e.g., motels and airports), at fixed rates, and on a fixed schedule. PAGE 2 -COUNCIL BILL NO. 2816 ORDINANCE NO. 2464 f) "Tour bus" means a motor vehicle accepting individual passengers for a fare for sightseeing or guided tours, making occasional stops at certain points of interest and returning the passengers to the point of origin. J. Taxicab Company. Any person that operates Taxicabs other than only as a Driver that either has its primary place of business within the city limits, or regularly conducts business within the City, regardless of whether the vehicles so operated are owned by the company, leased, or owned by individual members of the company. K. Taxicab Company Permit. A permit issued under this Ordinance to operate a Taxicab Company. L. Taxicab Driver Permit. A permit issued by the City that the Driver is authorized to operate a Taxicab under this Ordinance. M. Translink Provider. A business or company that has been approved as a provider of transportation services by the federal government by meeting federal standards and receipt of a certificate evidencing such compliance. N. Taximeter. A mechanical or electronic device which calculates and displays a fare based on an initial fee, distance traveled, waiting time, or any combination thereof. Section 2. Taxicab Company Permit Required -Exemptions A. No Person shall operate any Taxicab Company in the City of Woodburn without possessing, in addition to any license required by any other law, a valid Taxicab Company Permit issued pursuant to this Ordinance. A Taxicab Company Permit may not be sold, assigned, mortgaged or otherwise transferred. B. Exemptions to Taxicab Company Permit Requirement. 1. Public Transportation provided and funded in whole or in part by public organizations shall be exempt from the permit requirements of this Ordinance. 2. Certified Translink Providers that show proof of such certification to the City. PAGE 3 -COUNCIL BILL NO. 2816 ORDINANCE NO. 2464 Section 3. Taxicab Company Permit Applications -Issuance A. Application Requirements. An applicant for a Taxicab Company Permit must submit to the Finance Director: 1. Proof of registration with the Secretary of State for any corporate, LLC or LLP entity; 2. Proof of registration with the Secretary of State for any assumed business name, along with a listing of the registrant of such; 3. The business name, business address and residence address and telephone numbers of the applicant; 4. A list of any misdemeanor or felony convictions of the owner(s) and officers of the Taxicab Company; 5. The name of the person who will be responsible for and who will oversee the day-to-day operations of the Taxicab Company; 6. The make, type, year of manufacture, VIN number, and seating capacity of each vehicle that will be operated as a Taxicab under the Taxicab Company Permit; 7. A description of the proposed color scheme, name, monogram or insignia that will be used on the Taxicabs; 8. A nonrefundable application fee in the amount of $120. B. Insurance Certificate. No Taxicab Company Permit will be issued unless the Taxicab Company provides to the Finance Director a Certificate of Insurance indicating that the insurance requirements of Section 8 of this Ordinance have been satisfied. C. Inspection Certificate. No Taxicab Company Permit will be issued unless the Taxicab Company provides to the Finance Director an Inspection Certificate from a Certified Mechanic as provided in Section 7 of this Ordinance. D. Issuance of Permit. The Finance Director will issue a Taxicab Company Permit upon finding that the applicant has met the requirements of this Ordinance. E. External display of permit. Each Taxicab operated by a Taxicab Company shall prominently display on the exterior of the Taxicab a sticker issued by the City indicating that the permit requirements of this Ordinance have been met. PAGE 4 -COUNCIL BILL NO. 2816 ORDINANCE NO. 2464 Section 4. Annual Taxicab Company Permit Renewal. Taxicab Company Permits shall be renewed upon submission of an annual permit fee in the amount of $100. Section 5. Equipment Every Taxicab is to be equipped with the following: A. Except for a Taxicab charging a flat rate, a Taximeter that meets the requirements of this Ordinance. B. A Taxicab charging a flat rate must be equipped with a sign that states "Flat Rate" and specifies the rate. C. A top light identifying it as a Taxicab. D. The company name and telephone number where service can be requested displayed on the exterior of the Taxicab. E. A cell phone or taxi radio dispatching calls for service. F. A current copy of the Taxicab Company Permit with the approved vehicle's Vehicle Identification Number (VIN). G. A notice providing information necessary to file a complaint under this Ordinance. Section 6. Taximeter Requirements. A. Every Taxicab, except for a Taxicab charging a Flat Rate, must be equipped with a Taximeter in accurate operating condition, with a lighted face that can easily be read at all times by the passenger. B. Every Taximeter must be inspected by a certified taximeter installer and certified at installation, at change in rate, and within 1 year of the last inspection. A certificate of inspection must be issued by a qualified Taximeter repair service upon each inspection. A copy of the certificate of inspection must remain in the Taxicab. C. Certificates of inspection must include: 1. The identifying number of the Taximeter; PAGE 5 -COUNCIL BILL NO. 2816 ORDINANCE NO. 2464 2. The make, model and license number of the Taxicab in which the Taximeter is installed; 3. The name of the Taxicab Company; 4. The date of inspection; 5. A statement that the Taximeter has been inspected and approved and that its readings are accurate; and 6. The signature of the individual making the certification. D. A Taxicab Company must keep on file copies of all certificates of inspection of Taximeters. E. Taximeters must operate within the following limits of accuracy: Plus or minus 50 feet in 1 mile and 1 second in 1 minute of waiting time. F. Certificates of inspection may be examined by the City at any time during normal business hours. G. All Taximeters must be approved by the National Type Evaluation Program (NTEP) as evidenced by a "Certificate of Conformance" issued by an authorized inspector. All Taximeters must have an active NTEP Certificate of Conformance number. Section 7. Inspection and Maintenance of Taxicabs A. Prior to the issuance of a Taxicab Company Permit, and annually thereafter, each Taxicab shall be examined and inspected by either a Certified Mechanic and shall be found to be in safe operating condition. B. Every Taxicab must have proof of its annual inspection in the vehicle. Proof of the inspection shall be submitted to the Finance Director on an annual basis. Section 8. Taxicab Insurance Requirements. A. Coverages and Limits: All Taxicab Company Permit holders must obtain, comply with, and maintain the minimum levels of insurance coverage outlined below during the entire term that the Taxicab Company Permit is valid: 1. Commercial Business Insurance. Taxicab Company Permit holders must secure and maintain a Commercial General Liability policy reflecting limits PAGE 6 -COUNCIL BILL NO. 2816 ORDINANCE NO. 2464 of no less than $1,000,000 per Occurrence and $2,000,000 Aggregate for covered claims arising out of, but not limited to, Bodily Injury, Property Damage, Personal Injury, and Contractual Liability in the course of the policy holder's work under the Taxicab Company Permit. 2. Vehicle Insurance. All Taxicab Company Permit holders, regardless of whether the company holds title to a vehicle or not, must provide the City with a copy of a valid Commercial Auto Liability policy reflecting a Combined Single Limit of not less than $500,000 per occurrence for claims arising out of, but not limited to, bodily injury and property damage incurred in the course of the vehicle's use as a Taxicab. The Commercial Auto Liability policy must comply with the mandatory laws of the State of Oregon and/or other applicable governing bodies. 3. Worker's Compensation and Employers Liability Insurance. The Taxicab Company Permit holder must secure and maintain a Workers Compensation and Employers Liability policy where required by state law. 4. The Commercial General Liability and Commercial Auto Liability coverage must name the City and its officers, agents and employees as additional insureds as respects to claims, in the course of the policy holder's work as a Taxicab Company. 5. The insurance limits are subject to statutory changes as to maximum limits of liability imposed on municipalities of the State of Oregon during the permit's term. 6. The insurance policy must allow for written notice to the Finance Director 30 days before any policy is canceled, will expire, or be reduced in coverage. Section 9. Taxicab Driver Permits Required -Application Process 8~ Requirements. A. Permit Required. No person may drive a Taxicab that regularly conducts business in the City without a Taxicab Driver Permit issued under this Ordinance. B. Application Documents Required. Applicants for a Taxicab Driver Permit must submit to the Finance Director the items listed below. The failure to submit any of the items listed will result in a denial of the permit: 1. A completed application on a form approved by the Finance Director; PAGE 7 -COUNCIL BILL NO. 2816 ORDINANCE NO. 2464 2. A copy of the applicant's current driver's license; 3. A copy of the applicant's non-Oregon driving record for any year in which the applicant was not a resident of Oregon during the last 10 years, regardless of the jurisdiction; and 4. A copy of the applicant's criminal history; and 5. A set of the applicant's fingerprints; and 6. If necessary, any information that reasonably relates to the application or is a clarification of information provided to the Finance Director. C. Photographs. Applicants will be photographed by the City upon submittal of the Taxicab Driver Permit application. The photograph then becomes a part of the applicant's submittal package. D. Fees Required. Applicants must submit a nonrefundable application fee in the amount of $105. E. Age, Criminal History, Driving History and Insurability Requirements. Applicants for a Taxicab Permit may not be issued a permit if any of the following conditions exist: 1. The applicant has been convicted of any felony in the 10 years preceding the submission of the application; 2. The applicant has been convicted of any misdemeanor involving assault, sex crimes, drugs, prostitution or weapons in the 10 years preceding the submission of the application; 3. The applicant has a felony conviction involving physical harm or attempted physical harm to a person, regardless of when the conviction occurred; 4. During the 5-year period preceding the submission of the application, the applicant has been convicted of: a. Any traffic crime, including but not limited to: Driving under the Influence of Intoxicants, Reckless Driving, Attempt to Elude a Police Officer, or Failure to Perform the Duties of a Driver; or b. Misdemeanor theft. PAGE 8 -COUNCIL BILL NO. 2816 ORDINANCE NO. 2464 5. During the 5-year period preceding the submission of the initial application, the applicant had greater than 10 traffic infractions as defined in ORS 801.557; greater than five serious traffic violations as defined in ORS 801.477; greater than five motor vehicle accidents that are required to be reported to the Oregon Department of Motor Vehicles pursuant to ORS 81 1.720; or, greater than five of any combination of serious traffic violations or motor vehicle accidents as provided above; 6. During the 10-year period preceding the filing of the initial application, the applicant's driving privileges were suspended or revoked by any governing jurisdiction as a result of adriving-related incident; 7. The applicant has more than three traffic violations of any kind within the previous 12 months from the date of the application; 8. The applicant does not have at least 2 years' worth of continuous driving experience in a United States jurisdiction immediately prior to the date of the application's submission; 9. The applicant is less than 21 years old; or 10. The applicant is unable to obtain car insurance for any reason. Section 10. Issuance of Taxicab Driver Permit; Term; Replacements. A. After an application for a Taxicab Driver Permit is submitted, the Police Chief will provide to the Finance Director a written investigation based upon the requirements of this Ordinance. B. Issuance and Fees. If an applicant submits the required documents and otherwise satisfies all conditions and requirements of this Ordinance, the Finance Director will issue a Taxicab Driver Permit. C. Permit Requirements: A Taxicab Driver Permit must: 1. Contain the permit number, permit expiration date, the driver's name and the driver's photograph; 2. Be posted in a prominent place within the Taxicab; and 3. Be inside the vehicle and available for inspection by any customer, passenger, police officer or designated City employee. PAGE 9 -COUNCIL BILL NO. 2816 ORDINANCE NO. 2464 D. Term. A Taxicab Driver Permit is valid for a period of 12 months from the date of issuance and must be renewed upon expiration. E. Replacements. If a driver's permit is lost, damaged or stolen, the Finance Director will issue a replacement permit for a fee in the amount of $25. Section 11. Taxicab Driver Permit Renewals; Consequences of Failure to Renew. A. Taxicab Driver Permits must be renewed every 12 months from the date of issuance. B. The following information and the renewal fee must be submitted to the Finance Director no less than 30 days prior to the renewal date: 1. Updated file information if any information in the original application has changed; 2. Payment of the renewal fee of $55. C. A Taxicab Driver Permit will not be renewed if the driver fails to satisfy any condition that would have been grounds to deny the initial permit, including any criminal activity or driving crimes/violations. D. If a driver fails to timely pay the permit renewal fee or timely provide the renewal information required by this Ordinance, the Taxicab Driver Permit expires and becomes void. A voided Taxicab Driver Permit requires the former permittee to file an initial permit application and pay all necessary fees required by this Ordinance to obtain a valid Taxicab Driver Permit. Section 12. Operating Regulations of Taxicab Companies and Drivers A. Taxicab Companies. A Taxicab Company shall not: 1. Allow any Taxicab to be driven that has not been inspected and properly permitted, or 2. Allow a person to operate a Taxicab that does not have a valid Taxicab Driver Permit issued pursuant to this Ordinance. B. Drivers. A Driver shall not: 1. Transport a passenger to his destination by any other than the most direct route, unless requested to do so by the passenger; PAGE 10 -COUNCIL BILL NO. 2816 ORDINANCE NO. 2464 2. Fail to give a correct receipt upon payment of the correct fare if requested to do so by the passenger; 3. Permit additional persons to occupy or ride in the Taxicab without consent of the original passenger; 4. Unreasonably refuse to transport to a requested destination any passenger who requests services and is able to demonstrate the ability and willingness to pay the fare; 5. Charge a fare higher than the posted rates, or try to defraud a passenger in any way by manipulating devices to cause a registration to be made of a greater distance or more time; or 6. Operate a Taxicab in violation of any Oregon law. Section 13. Suspension or Revocation A. Any Permit under this Ordinance may be suspended or revoked by the Finance Director if after a reasonable investigation one or more of the following conditions exist: 1. The Taxicab Company ceases to operate any Taxicab for a period of 15 consecutive days without obtaining permission for the cessation of such operation from the City. 2. The Taxicab Company and/or Driver fails to operate the Taxicab in accordance with the provisions of this Ordinance. 3. The Taxicab Company and/or Driver fails to pay any of the fees or payments required to be paid by the provisions of this Ordinance. 4. The suspension or revocation is necessary to protect the public health, safety, and welfare. 5. The revocation or suspension is otherwise authorized by Ordinances of the city. B. Any suspension or revocation pursuant to this section shall be in writing, setting forth the reasons therefore and the right of appeal pursuant to this Ordinance. C. Except as provided below, any suspension or revocation shall be effective 10 days after mailing a copy thereof by first class United States mail addressed to PAGE 11 -COUNCIL BILL NO. 2816 ORDINANCE NO. 2464 the Taxicab Company and/or Driver at the business or residence address shown on the Permit application or renewal. D. Notwithstanding subsection (C) of this section, a suspension or revocation may be made effective immediately if the City finds reasonable grounds to believe that: 1. A person holding a Taxicab Driver's Permit is not covered by liability insurance as required by this Ordinance, 2. A vehicle being operated as a Taxicab is not covered by liability insurance required by this Ordinance, or 3. Continued operation by the Taxicab Company or Taxicab Driver would cause, or is likely to cause, imminent danger to the public health, safety, or welfare. Section 14. Surrender of Certificate or Permit Any Permit suspended or revoked by the City shall be surrendered to the Finance Director and the operation of any Taxicab covered by said permit shall cease. Section 15. Rates A. Except for a Taxicab charging a Flat Rate, the rates to be charged to passengers are to be based on the factors of mileage from the point of origin to the point of destination by the most direct route, the time involved, and the number of passengers. No Taxicab may charge any fees or rates other than those that are posted. B. A clear and complete summary of a Taxicab Company's rate schedule shall be posted in a conspicuous place in the passenger compartment of every Taxicab. Every Taxicab Company shall provide the Finance Director with a copy this summary prior to posting them in the Taxicabs. C. Except for a Taxicab charging a Flat Rate, a summary of the meter rate in a form approved by the Finance Director shall be placed in a manner to be visible from the outside of every Taxicab. Section 16. Complaints A. Every Taxicab shall have posted in a prominent place within the passenger compartment a notice entitled "Complaints" providing the information PAGE 12 -COUNCIL BILL NO. 2816 ORDINANCE NO. 2464 necessary to file a complaint with the City and/or the Taxicab Company under this Ordinance. B. Every Taxicab Company shall maintain an Annual Log of all complaints it receives either in writing or by telephone. Each Annual Log shall be kept by the Taxicab Company for a period of five years and shall be available to the City upon request. Section 17. Appeals and Writ of Review A. Any Person aggrieved by a decision of the Finance Director under this Ordinance may appeal such action to the City Council by filing a written Notice of Appeal, accompanied by an appeal fee of $65 with the City Recorder within 10 days of the Finance Director's decision. B. Within 10 days of receiving the Notice of Appeal, the City Recorder will: l . Set a time for the appeal to be heard by the City Council; 2. Place the hearing of the appeal upon the Council agenda; and 3. Notify the aggrieved Person and the Finance Director of the time set no less than 10 days prior to that time. C. The aggrieved Person may appear personally, via a company representative, and/or by counsel and present such facts and arguments as may tend to support the appeal. D. The Finance Director will provide the City Council with a staff report outlining the decision and the reasons therefore. E. The City Council will uphold the Finance Director's decision, reverse it, or modify it with any conditions that the City Council deems appropriate. The City Council's final decision shall be in written and supported by findings. F. All final decisions by the City Council under this Ordinance shall be subject only to Writ of Review in the Marion County Circuit Court pursuant to ORS Chapter 34. Section 18. Violation -Penalty A. In addition to, and not in lieu of any other enforcement mechanisms, a violation of any provision of this Ordinance constitutes a Class 1 Civil Infraction PAGE 13 -COUNCIL BILL NO. 2816 ORDINANCE NO. 2464 and may be processed according to the procedures contained in the Woodburn Civil Infraction ordinance. B. Each day that a violation of this Ordinance is committed or permitted to continue shall constitute a separate Civil Infraction. C. The remedies provided for in this Section are cumulative and not mutually exclusive. Section 19. 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 20. Savings. The repeal of any ordinance by this Ordinance shall not preclude any action against any person who violated the ordinance prior to the effective date of this Ordinance. Section 21. Effective Date. This Ordinance is effective on October 1, 2010. Approved as to form: City Attorney Date APPROVED: Passed by the Council: Submitted to the Mayor: Approved by the Mayor: Filed in the Office of the Recorder: Mayor ATTEST City Recorder City of Woodburn PAGE 14 -COUNCIL BILL NO. 2816 ORDINANCE NO. 2464 ß¹»²¼¿ ×¬»³ March 22, 2010 TO: Honorable Mayor and City Council through City Administrator FROM: Jim Hendryx, Director of Economic & Development Services Type V Legislative Amendment - Legislative Amendment LA 2009- SUBJECT: 02, allowing signs in the public right-of-way in the Retirement Community Single-Family Residential (R1S) Zone CITY COUNCIL GOALS: Refine City Policies - complete long-range financial plan; create clear municipal regulations and codes for greater understanding - and eliminate unnecessary over-regulation RECOMMENDATION: Consider the attached Ordinance. BACKGROUND: On October 26, 2009, the City Council requested that staff prepare an amendment to the sign regulations of the Woodburn Development Ordinance to allow signs to be placed in the public right-of-way in the Retirement Community Single-Family Residential (R1S) Zone. The Planning Commission conducted a public hearing on December 17, 2009 and considered the proposed amendments. The Commission voted unanimously (four members present) to oppose the amendments, and forwarded the matter to the Council with a recommendation of disapproval. The City Council then conducted a public hearing on January 11, 2010. The Council referred the proposed amendments to the Sign Focus Group, currently tasked by the Mayor and the City Council with evaluating amendments to the sign regulations. The Focus Group considered the proposed amendments on January 28, 2010, and suggested provisions regarding sign location near curbs or sidewalks. The City Council deliberated the revised amendment at its meeting of February 22, 2010 and directed staff to prepare an ordinance incorporating a prohibition of signs in the right-of-way of Newberg Highway. Agenda Item Review: City Administrator ___x__ City Attorney __x___ Finance __x__ íí Honorable Mayor and City Council March 22, 2010 Page 2 DISCUSSION: None. FINANCIAL IMPACT: This decision is anticipated to have no public sector financial impact. íì COUNCIL BILL NO. 2817 ORDINANCE NO. 2465 AN ORDINANCE AMENDING THE WOODBURN DEVELOPMENT ORDINANCE TO ALLOW SIGNS WITHIN THE PUBLIC RIGHTS-OF-WAY IN THE RETIREMENT COMMUNITY SINGLE-FAMILY RESIDENTIAL (R1S) ZONE. , the City Council requested Staff to draft an amendment to WHEREAS Section 3.110 of the Woodburn Development Ordinance (WDO) to allow signs within public rights-of-way in the Retirement Community Single-Family Residential (R1S) zone; and , the Planning Commission on December 17, 2009 held a WHEREAS public hearing on the proposed amendment; and , the City Council on January 11, 2010 held a public hearing WHEREAS on the proposed amendment; and , the City Council referred the proposed amendment to the WHEREAS Sign Focus Group; and , the City Council has considered the public testimony, the WHEREAS staff report, the need for the proposed amendment and the public interest therein; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: . The Council finds that the Retirement Community Single- SECTION 1 Family Residential (R1S) zone is characterized by wide rights-of-way and a general lack of sidewalks. . The Council finds that the signs currently allowed by Section SECTION 2 3.110.11of the WDO are not readily legible if located on private property. . The Council finds that this amendment is necessary to SECTION 3 provide property owners in the Retirement Community Single-Family Residential (R1S) zone a reasonable opportunity to display legible signage. . Section 3.110.11, subsections G and H, of the WDO is SECTION 4 amended to read as follows: Lawn signs and A-frame signs in residential RS, RSN, RM, and G. PAGE 1 - COUNCIL BILL NO. 2817 ORDINANCE NO. 2465 íë zones provided that not more than two such signs are RMN located on a lot or parcel and the total area for all such signs does not exceed eight square feet. Such signs shall not exceed six feet in height and shall not be placed in the public seven right-of-way or vision clearance areas. Lawn signs and A-frame signs in the R1S zone provided that: H. 1.The signs are established by the property owner or property owner’s agent, 2.Not more than two such signs are located on a lot or in the public right-of-way abutting the lot, 3.No sign may be established in the right-of-way of State Highway 214, Newberg Highway, 4.The total area for all such signs does not exceed eight square feet, 5.Lawn signs shall not exceed seven feet in height, 6.A-frame signs shall not exceed three feet in height, 7.Signs shall not be placed in vision clearance areas (Section 3.103.10) or in adjacent rights-of-way, 8.Signs shall not be on or overhanging a travel or on-street parking lane, 9.Signs shall not be on or overhanging a sidewalk, and 10.No portion of a sign shall be less than 3 feet from the back of a curb. Approved as to form: City Attorney 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: Christina Shearer, City Recorder City of Woodburn, Oregon PAGE 2 - COUNCIL BILL NO. 2817 ORDINANCE NO. 2465 íê ß¹»²¼¿ ×¬»³ March 22, 2010 TO: Honorable Mayor and Council FROM: Scott C. Derickson, City Administrator SUBJECT: Creation of Human Resources Department Personnel Policies and Procedures RECOMMENDATION: Adopt the attached ordinance repealing the Personnel Policy and Procedure Manual Ordinance. BACKGROUND: It was apparent to me shortly after becoming City Administrator that employee personnel functions should not be shared interdepartmentally but should rather exist as an independent department. Recently, after the City’s recovery from the bombing, I have established a Human Resources Department and appointed Terrie Stevens as its director, at least on an interim basis. This is a position that never existed before in Woodburn although it has been needed for some time. Even if Terrie eventually leaves this position, the position will remain in the organization at the department director level. DISCUSSION: As one of her first tasks, I have asked Terrie to review and comprehensively revise the current City Personnel Rules. To assist her in this endeavor, I assembled a working group of the City Attorney, Police Chief, Public Works Director and Community Services Director. Since Section 21 (c) (3) of the Woodburn Charter provides that the City Administrator may appoint and remove employees and has supervisory authority over them so that City tasks are efficiently accomplished, I will issue an administrative order adopting the current City Personnel Rules on an interim basis. Consequently, the City will continue to have policies in place despite the Council’s repeal of the attached Ordinance. Then, as the rules are revised, I will issue additional orders adopting portions of the new rules as they are developed. It is possible that portions of the new rules may have to be collectively bargained. Agenda Item Review: City Administrator ______ City Attorney ______ Finance _____ íé Honorable Mayor and City Council March 22, 2010 Page 2 In order for the new Human Resources Department to properly function and have enough flexibility to revise the new rules and them maintain them, I am recommending that you repeal Ordinance 2308. This ordinance was passed in 2002 and adopted the Woodburn Policies and Procedures Manual and is no longer needed with the Human Resources Department in place. FINANCIAL IMPACT: There is no budgetary impact at this time; however, the finalization of the Human Resources Department will have future impacts that will be accounted for during the City’s annual budget process. íè COUNCIL BILL NO. 2818 ORDINANCE NO. 2466 AN ORDINANCE REPEALING ORDINANCE 2308 (THE PERSONNEL POLICY AND PROCEDURES MANUAL ORDINANCE) Section 21 (c) (3) of the Woodburn Charter provides that the WHEREAS, City Administrator may appoint and remove employees and has supervisory authority over them so that City tasks are efficiently accomplished; and the City Council recognizes that the City Administrator has this WHEREAS, Charter authority over personnel issues; and the City Administrator has recently appointed the City’s first WHEREAS, Human Resources Director with authority delegated to oversee all personnel issues; and the Human Resources Director has been tasked to review and WHEREAS, comprehensively revise the City Personnel Rules; and in establishing the Human Resources Department, the City WHEREAS, Administrator has issued an Administrative Order adopting Interim City Personnel Rules; and Ordinance 2308, which was passed in 2002, adopted a WHEREAS, Personnel Policies and Procedures Manual; and Ordinance 2308 is no longer needed with the Human Resources WHEREAS, Department in place; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Ordinance 2308, adopting the Woodburn Policies and Section 1. Procedures Manual, is hereby repealed. Approved as to form: City Attorney Date PAGE 1 - COUNCIL BILL NO. 2818 ORDINANCE NO. 2466 ìï Approved: Kathryn Figley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Christina Shearer, City Recorder City of Woodburn, Oregon PAGE 2 - COUNCIL BILL NO. 2818 ORDINANCE NO. 2466 ìî ß¹»²¼¿ ×¬»³ March 22, 2010 TO: Honorable Mayor and City Council through City Administrator FROM: Jim Hendryx, Director of Economic & Development Services SUBJECT: Natural Hazards Mitigation Plan RECOMMENDATION: Pass the attached resolution adopting the Natural Hazards Mitigation Plan as an element of the Marion County Multi-Jurisdiction Hazard Mitigation Plan. BACKGROUND: In October, 2008, the Council authorized participation with Marion County in developing a local addendum to the Marion County Multi-Jurisdiction Natural Hazard Mitigation Plan. The City worked with the Partnership for Disaster Resilience to assess Woodburn’s vulnerability to various natural hazards, and to establish a comprehensive, coordinated planning process to eliminate or minimize these vulnerabilities. The draft addendum was made available for public comment, and furnished to the Council on October 26, 2009. The draft addendum was then submitted to the Federal Emergency Management Agency (FEMA) for review. DISCUSSION: FEMA has committed to approve the addendum once it is formally adopted by the City. FINANCIAL IMPACT: Adoption of the Natural Hazards Mitigation Plan will make the City eligible for Federal grant programs to assist in implementing the action items contained in the Plan. Agenda Item Review: City Administrator ___x__ City Attorney ___x__ Finance __x__ ìí COUNCIL BILL NO. 2819 RESOLUTION NO. 1960 A RESOLUTION ADOPTING THE CITY OF WOODBURN’S REPRESENTATION IN THE MARION COUNTY MULTI-JURISDICTION HAZARD MITIGATION PLAN , the City of Woodburn is vulnerable to the human and WHEREAS economic costs of natural, technological and societal disasters, and , the City Council of the City of Woodburn recognizes the WHEREAS importance of reducing or eliminating those vulnerabilities for the overall good and welfare of the community, and , the City of Woodburn has participated in the development of WHEREAS the Marion County Multi-Jurisdiction Natural Hazard Mitigation Plan, which has established a comprehensive, coordinated planning process to eliminate or minimize these vulnerabilities, and , the City staff has identified natural hazard risks and prioritized a WHEREAS number of proposed actions and programs needed to mitigate the vulnerabilities of the City of Woodburn to the impacts of future disasters, and , these proposed projects and programs have been WHEREAS incorporated into the Marion County Multi-Jurisdiction Natural Hazard Mitigation Plan that has been prepared and promulgated for consideration and implementation by the cities of Marion County; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: The City Council of the City of Woodburn hereby accepts and Section 1. approves of its section of the Marion County Multi-Jurisdiction Hazard Mitigation Plan as a reasonable process to identify and plan for potential hazards in the City of Woodburn and Marion County, City personnel are requested and instructed to pursue available Section 2. funding opportunities for implementation of the actions and proposals designated therein, The City of Woodburn will, upon receipt of such funding or other Section 3. necessary resources, seek to implement the mitigation proposals identified by the City’s Hazard Mitigation Planning Committee, and Page – Council Bill No. 2819 1 Resolution No.1960 ìì The City of Woodburn will continue to participate in the Section 4. updating and expansion of the Marion County Multi-Jurisdiction Hazard Mitigation Plan in the years ahead, and The City of Woodburn will further seek to encourage the Section 5. businesses, industries and community groups operating within and for the benefit of the City of Woodburn to also participate in the updating and expansion of the Marion County Multi-Jurisdiction Hazard Mitigation Plan in the years ahead. Approved as to form: City Attorney 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: Christina Shearer, City Recorder City of Woodburn, Oregon Page – Council Bill No. 2819 2 Resolution No.1960 ìë ß¹»²¼¿ ×¬»³ March 22, 2010 TO: Honorable Mayor and City Councilors FROM: Jim Hendryx, Economic and Development Services Director SUBJECT: Resolution initiating the Woodburn Enterprise Zone Application Council Goals: Promote Economic Development - complete the Economic Development Plan in partnership with the Chamber of Commerce; revisit the City’s economic strategy regarding business retention and sustainability. : RECOMMENDATION Approve the attached resolution supporting and authorizing application for the Woodburn Enterprise Zone with the State of Oregon’s Business Development Department. : BACKGROUND Various types of “enterprise zones” are found throughout the world. Oregon’s version has been in existence since the mid–1980s. Each zone designation lasts up to 11 years. State law permits up to 59 to exist; however, each year specific zones terminate and/or require reapplication. Enterprise zones are discrete areas up to 12 square miles in size that are sponsored by one or more local governments in Oregon. The City Council has directed staff to prepare the necessary application materials and to formally request the designation of the Woodburn Enterprise Zone. What are Enterprise Zones? Enterprise Zones are intended to offer tax and other incentives to induce additional investment and employment by non-retail businesses in areas meeting certain measures of economic hardship. They have proven to be Oregon’s key offering in the pursuit of business growth and expansion. Their effectiveness is due to a typically short-term but immediate benefit for the business project’s cash flow. Agenda Item Review: City Administrator __x___ City Attorney __x___ Finance __x__ ìê Mayor and City Council March 22, 2010 Page 2 The Oregon enterprise zones exempt only new property that an eligible business firm might build or install in the enterprise zone at some future time. A qualifying investment entails the creation of new full-time employment in the zone—the greater of one new job or a 10-percent increase. An enterprise zone exemption is temporary, usually lasting only three years, after which time the property induced by these incentives is available for assessment. An extension of the exemption period to four or five years in total (or even longer under very special circumstances) is possible in some cases, subject to the agreement of the local governments sponsoring the zone, higher compensation for new employees and possibly additional local requirements. The City Council supports the concept of offering the extended exemption period, provided higher wages (150%of the Marion County average wage) are provided. What types of businesses qualify under the Enterprise Zone Program? These property tax exemptions are not available to just any business. Most commercial or retail-type operations are ineligible. Rather, the primary beneficiaries of enterprise zone benefits are manufacturing and other more industrially -oriented facilities serving other organizations. Basic Enterprise Zone requirements Basic, 3–year enterprise zone exemption (“as–of–right”) Increase full-time, permanent employment of the firm inside the enterprise zone by the greater of one new job or 10 percent (or special-case local sponsor waivers) Generally no concurrent job losses outside/beyond the zone boundary Maintain minimum employment levels during exemption period Enter into first-source agreement with local job-training providers Satisfy local additional conditions. Extended Abatement, 4 or 5 years of exemption in total—same as 3–year, plus: “Compensation” of new workers at 150 percent of county average wage, Local approval by written agreement with the local zone sponsor, ìé Mayor and City Council March 22, 2010 Page 3 Additional requirements that the local zone sponsor may reasonably request. : DISCUSSION In January, the Oregon Business Development Department announced that 12 existing enterprise zones were terminating and up for re-designation. In February, after a briefing on the benefits of the Enterprise Program towards addressing the City’s Economic Development Goals, Council directed staff to take the necessary steps to submit an application for the Woodburn Enterprise Zone. With the assistance of the Mid-Willamette Valley Council of Governments, information has been prepared and mandatory steps followed to submit an application with Oregon Business Department. An essential component of the application process is that the City Council supports the resolution that Woodburn be named an enterprise zone, and requests that the director of the Oregon Business Development Department order the designation of Woodburn’s Enterprise Zone and authorize submittal of the Enterprise Zone application. A resolution is attached for Council’s consideration. : FINANCIAL IMPACT There are financial impacts associated with being designated an Enterprise Zone. Qualifying investments within the Enterprise Zone are exempt from certain taxes for specific periods of time, depending upon criteria. Financial impacts will vary depending on the amount of local investment created through the program. ìè COUNCIL BILL NO. 2820 RESOLUTION NO. 1961 A RESOLUTION INITIATING THE ENTERPRISE ZONE APPLICATION SUBMITTAL WITH STATE OF OREGON, BUSINESS OREGON DEPARTMENT FOR THE CITY OF WOODBURN ENTERPRISE ZONE , The City of Woodburn () is sponsoring an application for CITY WHEREAS designation of the entire city as an enterprise zone within the City of Woodburn, Marion County; and , The is interested in an enterprise zone to encourage new CITY WHEREAS business investment, job creation, higher incomes for local residents, and greater diversity of economic activity; and , The proposed enterprise zone has a total area of 5.2 square WHEREAS miles, and it meets other statutory limitations on size and configuration; it is depicted on the drawn-to-scale map (Exhibit A) and described by legal description (Exhibit B). The enterprise zone consists of the existing City of Woodburn city limits; and , The proposed enterprise zone contains significant land that is WHEREAS reserved for industrial use, as indicated by the land use zoning map(s) with the application, and, consistent with the Comprehensive Plan(s) acknowledged by the Land Conservation and Development Commission, such industrial sites are to be accessible, serviced or serviceable, and otherwise ready for use and further development; and , The designation of an enterprise zone does not grant or imply WHEREAS permission to develop land within the Zone without complying with prevailing zoning, regulatory and permitting processes and restrictions for applicable jurisdictions; nor does it indicate any intent to modify those processes or restrictions, except as otherwise in accordance with the Comprehensive Plans. , The appreciates the impacts that a designated enterprise CITY WHEREAS zone would have and the property tax exemptions that eligible business firms might receive therein, as governed by Oregon Revised Statutes (ORS) Chapter 285C and other provisions of Oregon Law; and , All of the other municipal corporations, school districts, special WHEREAS service districts and so forth, other than the sponsoring governments, that receive operating revenue through the levying of taxes on real and ad valorem personal property in any area of the proposed enterprise zone were sent notice Page – Council Bill No. 2820 1 Resolution No.1961 ìç on February 17, 2010 and invited to a public meeting regarding this proposal on March 11, 2010, in order for the to effectively consult with these other local CITY taxing districts; and , A zone located entirely within city limits does not require the WHEREAS county to be a sponsor, per OAR 123-065-0010; and , Marion County approves and supports the proposed enterprise WHEREAS zone, but is not required to be a sponsor of the proposed enterprise zone, since the proposed zone is located completely within the incorporated territory of a city that sponsors the zone ; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: The proposes and applies for an Oregon enterprise zone CITY Section 1. to be named the Woodburn Enterprise Zone, and requests that the director of the Oregon Business Development Department order the designation of this enterprise zone. James N.P. Hendryx, Economic and Development Services Section 2. Director, is authorized to submit the enterprise zone application for the and CITY to make any substantive or technical change to the application materials, as necessary, after adoption of this resolution. The will give priority to the use in the proposed enterprise CITY Section 3. zone, if designated, of any economic development or job training funds received from the federal government, consistent with ORS 285C.065(3)(d). The commits, upon designation, to appoint James N.P. CITY Section 4. Hendryx, Economic and Development Services Director, as the local enterprise zone manager. The will comply with the requirements and provisions of CITY Section 5. ORS 285C.105 and otherwise fulfill its duties under ORS 285C.050 to 285C.250. The commits, within six months of designation, to CITY Section 6. implement and to confirm for the department its fulfillment of such duties, as specified in OAR 123-065-0210, including but not limited to preparation of a list or map of local lands and buildings owned by the state or by municipal corporations within the enterprise zone that are not being used or designated for a public purpose and that have appropriate land use zoning, and to efforts for making such real property available for lease or purchase by authorized business firms under ORS 285C.110. Page – Council Bill No. 2820 2 Resolution No.1961 ëð Effective upon designation, the provide local incentives to CITY Section 7. any authorized business firm in the proposed enterprise zone for the length of the standard enterprise zone exemption, insofar as the firm’s qualifying investments are also located inside of the CITY. Approved as to form: City Attorney 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: Christina Shearer, City Recorder City of Woodburn, Oregon Page – Council Bill No. 2820 3 Resolution No.1961 ëï I-5 Woodburn 99E 219 214 211 I-5 99E 214 Public Works Department Engineering Division/GIS Department 2,000Feet Plot Date: March 15, 2010 Disclaimer: This map is a graphic representation, using the most current information available. However, it ëî should not be considered accurate for scaling. ß¹»²¼¿ ×¬»³ March 22, 2010 TO: Honorable Mayor and City Council through City Administrator FROM: Scott Russell, Chief of Police SUBJECT: Updated ORS 190 Agreement with Cities of Silverton, Mt. Angel, and Hubbard for Police Records Management Services and Mobile Data Services RECOMMENDATION: Pass the resolutions entering into new ORS 190 agreements with the Cities of Silverton, Mt. Angel, and Hubbard to provide police records management system and mobile data services. BACKGROUND: Since 2003 the Cities of Hubbard, Silverton, and Mt Angel have participated with the City of Woodburn in a consolidated police records management system including mobile computer terminals. These mobile terminals allow all agencies police officers to communicate on the network, conduct records checks, and complete reports all in their vehicles. The existing agreements have expired and new agreements were negotiated with the partner Cities. DISCUSSION: The City of Woodburn sees significant benefit to the data sharing and connectivity provided through the inclusion of the partner cities in the system. The partnership provides a quality RMS to other cities at a reduced cost and also improves all agencies police operations. In addition the partner cities contribute through their service fees to help fund staff support, system maintenance, and charges for vendor standard software maintenance agreements. The proposed ORS 190 agreements authorize an additional three (3) years of services between the partners. It provides for cost increases anticipated over the next three years and imposes standards the partner agencies agree to abide by. The Cities of Hubbard, Silverton, and Mt Angel have already taken action to agree to the proposed agreements. Agenda Item Review: City Administrator __x____ City Attorney __x____ Finance __x___ ëí Mayor and City Council March 22, 2010 Page 2 FINANCIAL IMPACT: The cost of the current RMS system is accounted for in the existing Woodburn Police Department budget for FY 2009-2010. Revenue from the new agreements will be utilized to offset the cost of system maintenance and services provided by City of Woodburn Staff. ëì COUNCIL BILL NO. 2821 RESOLUTION NO. 1962 A RESOLUTION AUTHORIZING EXECUTION OF A POLICE RECORDS MANAGEMENT AND MOBILE DATA SYSTEM AGREEMENT BETWEEN THE CITY OF WOODBURN AND THE CITY OF SILVERTON it is mutually beneficial for public agencies to supplement, WHEREAS, coordinate, and support one another; and the community welfare is best preserved through such WHEREAS, supplemental support; and Oregon Revised Statutes, Chapter 190 authorizes WHEREAS, intergovernmental agreements for cooperation services; and the City of Woodburn previously executed an Agreement with the WHEREAS, City of Silverton to provide a Police Records Management System (RMS); and the City of Woodburn previously executed an Agreement to WHEREAS, provide to the City of Silverton a Mobile Data System; and both cities want to continue their cooperative relationship by WHEREAS, entering into an updated Police Records Management System and Mobile Data System Agreement; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: The Mayor is authorized to sign the Police Records Management Section 1. System and Mobile Data System Agreement between the City of Woodburn and the City of Silverton, a copy of which is affixed hereto as Attachment “A” and, by this reference, incorporated herein. Approved as to form: City Attorney Date Approved: Kathryn Figley, Mayor Page 1 - COUNCIL BILL NO. 2821 RESOLUTION NO. 1962 ëë Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Christina Shearer, City Recorder City of Woodburn, Oregon Page 2 - COUNCIL BILL NO. 2821 RESOLUTION NO. 1962 ëê COUNCIL BILL NO. 2822 RESOLUTION NO. 1963 A RESOLUTION AUTHORIZING EXECUTION OF A POLICE RECORDS MANAGEMENT AND MOBILE DATA SYSTEM AGREEMENT BETWEEN THE CITY OF WOODBURN AND THE CITY OF MT. ANGEL it is mutually beneficial for public agencies to supplement, WHEREAS, coordinate, and support one another; and the community welfare is best preserved through such WHEREAS, supplemental support; and Oregon Revised Statutes, Chapter 190 authorizes WHEREAS, intergovernmental agreements for cooperation services; and the City of Woodburn previously executed an Agreement with the WHEREAS, City of Mt. Angel to provide a Police Records Management System (RMS); and the City of Woodburn previously executed an Agreement to WHEREAS, provide to the City of Mt. Angel a Mobile Data System; and both cities want to continue their cooperative relationship by WHEREAS, entering into an updated Police Records Management System and Mobile Data System Agreement; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: The Mayor is authorized to sign the Police Records Management Section 1. System and Mobile Data System Agreement between the City of Woodburn and the City of Mt. Angel, a copy of which is affixed hereto as Attachment “A” and, by this reference, incorporated herein. Approved as to form: City Attorney Date Approved: Kathryn Figley, Mayor Page 1 - COUNCIL BILL NO. 2822 RESOLUTION NO. 1963 ëé Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Christina Shearer, City Recorder City of Woodburn, Oregon Page 2 - COUNCIL BILL NO. 2822 RESOLUTION NO. 1963 ëè COUNCIL BILL NO. 2823 RESOLUTION NO. 1964 A RESOLUTION AUTHORIZING EXECUTION OF A POLICE RECORDS MANAGEMENT AND MOBILE DATA SYSTEM AGREEMENT BETWEEN THE CITY OF WOODBURN AND THE CITY OF HUBBARD it is mutually beneficial for public agencies to supplement, WHEREAS, coordinate, and support one another; and the community welfare is best preserved through such WHEREAS, supplemental support; and Oregon Revised Statutes, Chapter 190 authorizes WHEREAS, intergovernmental agreements for cooperation services; and the City of Woodburn previously executed an Agreement with the WHEREAS, City of Hubbard to provide a Police Records Management System (RMS); and the City of Woodburn previously executed an Agreement to WHEREAS, provide to the City of Hubbard a Mobile Data System; and both cities want to continue their cooperative relationship by WHEREAS, entering into an updated Police Records Management System and Mobile Data System Agreement; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: The Mayor is authorized to sign the Police Records Management Section 1. System and Mobile Data System Agreement between the City of Woodburn and the City of Hubbard, a copy of which is affixed hereto as Attachment “A” and, by this reference, incorporated herein. Approved as to form: City Attorney Date Approved: Kathryn Figley, Mayor Page 1 - COUNCIL BILL NO. 2823 RESOLUTION NO. 1964 ëç Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Christina Shearer, City Recorder City of Woodburn, Oregon Page 2 - COUNCIL BILL NO. 2823 RESOLUTION NO. 1964 êð ß¹»²¼¿ ×¬»³ March 22, 2010 TO: Honorable Mayor and City Council FROM: Scott Derickson, City Administrator SUBJECT: Resolution entering into an agreement with Redflex Traffic Systems for Photo Red Light Enforcement. RECOMMENDATION: Pass the resolution authorizing the City Administrator to enter into an agreement with Redflex Traffic Systems for Photo Red Light Enforcement. BACKGROUND: On June 22, 2009, Redflex Traffic Systems and City staff made a presentation to Council on the Redflex Photo Red Light Enforcement system in use in several other Oregon cities. On September 14, 2009, Council directed staff to negotiate a contract with Redflex Traffic Systems for the installation of Photo Red Light Enforcement Systems. DISCUSSION: The proposed agreement provides that Redflex will build, own, operate, and maintain the system(s) with no upfront costs to the City of Woodburn. Redflex would then be compensated by receiving a portion of each verified citation that is actually paid by the violator. A Woodburn police officer will verify each violation before a citation is issued. The initial term of the contract begins the date the contract is signed and ends on June 30, 2015. If the City determines that it is in the best interest to continue the contract, the contract may be extended by one (1) year increments, based on conditions outlined in the contract. The contract allows the parties to agree to install Photo Red Light Systems at up to eight (8) intersections within the City of Woodburn. The initial intersection being identified is Mt. Hood Ave at State Hwy. 99E due to its significant crash statistics and difficulty in safely enforcing traffic Agenda Item Review: City Administrator ___x__ City Attorney __x___ Finance __x__ êï Mayor and City Council March 22, 2010 Page 2 laws using conventional means. The identification of other intersections will be based upon mutual agreement between Redflex and the City as warranted by community safety and traffic needs. The contract has been negotiated between the City and Redflex and is ready for final Council approval. FINANCIAL IMPACT: The only initial cost of the Photo Red Light enforcement system installation will be signs that are required to be posted at the main entrance into the City and near intersections where the system will be installed. Sign costs are anticipated to be small and should be accounted for in the existing budget for FY 2009-2010. Based upon the contract and the financing model, the City will have no other costs associated with the installation of system itself. Once the system is operational it is anticipated that there will an increase in Court Fines Revenue to the City General Fund, however, this increase cannot be estimated at this time. But, staff believes that associated revenue will be sufficient to more than off set any potential increased court costs or part time police services needed to review violations. êî COUNCIL BILL NO. 2824 RESOLUTION NO. 1965 A RESOLUTION ENTERING INTO AN AGREEMENT WITH REDFLEX TRAFFIC SYSTEMS, INC. FOR PHOTO RED LIGHT AND AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE SAID AGREEMENT certaindrivers run red lights at Woodburn intersections, causing WHEREAS, dangerous conditions which result in accidents and near-accidents; and the City Council wants to take steps to reduce such accidents WHEREAS,; and Redflex Traffic Systems, Inc. (Redflex) has a photo red light WHEREAS, system that will photograph drivers who run red lights in an intersection and allow the City to cite drivers into Court to encourage legal compliance; and on June 22, 2009, the City Council conducted a public hearing WHEREAS, to solicit input on the use of photo red light cameras; and on September 14, 2009, the City Council authorized staff to WHEREAS, negotiate an agreement for photo red light services with Redflex; and staff has negotiated an agreement with Redflex and is WHEREAS, recommending approval; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: The City Administrator is authorized to execute an agreement Section 1. with Redflex Traffic Systems, Inc. for photo red light services in a form substantially similar to the document attached hereto as Exhibit “A”. Approved as to form: City Attorney Date Approved: Kathryn Figley, Mayor Page 1 – Council Bill No. 2824 Resolution No. 1965 êí Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Christina Shearer, City Recorder City of Woodburn, Oregon Page 2 – Council Bill No. 2824 Resolution No. 1965 êì AGREEMENT WITH REDFLEX TRAFFIC SYSTEMS, INC. TO PROVIDE RED LIGHT PHOTO ENFORCEMENT SERVICES TO THE CITY OF WOODBURN, OREGON THIS AGREEMENT is entered into this _ day of _ , by and between the CITY of Woodburn, a municipal corporation of the State of Oregon, hereinafter called the CITY, and Redflex Traffic Systems, Inc (Redflex's name) 23751 N. 23`d Avenue (e-mail) Phoenix, Arizona 85085 (Address) 623-207-2000 (Phone) Jack Weaver (Redflex's contact person) jweaver(a,redflex. com 541-621-1329 (Phone) 541-826-9379 (Fax) hereinafter called REDFLEX. RECITALS: 1. REDFLEX has exclusive knowledge, possession and ownership of certain equipment, licenses, applications, and citation processes related to digital red light photo enforcement cameras; and 2. The CITY desires to engage the services of REDFLEX to provide certain equipment, processes and back office services so that sworn police officers of the CITY are able to monitor, identify and enforce red light running violations; and 3. It is a mutual objective of both REDFLEX and the CITY to reduce the incidence of vehicle collisions at the traffic intersections that will be monitored pursuant to the terms of this Agreement. 4. The CITY has chosen REDFLEX using a Request for Proposal selection process to provide services related to Photo Red Light Enforcement. NOW, THEREFORE, in consideration of mutual promises, covenants and agreements of the parties, it is agreed as follows. Article I: Definitions In this agreement, the words and phrases shall have the following meanings: 1. "Authorized Officer" means the Police Chief Project Manager or such other individual(s) as the CITY shall designate to review Potential Violations and to authorize the Issuance of Citations in respect thereto, and in any event, a sworn police officer. 2. "Authorized Violation" means each Potential Violation in the Violation Data for which authorization to issue a citation in the form of an Electronic Signature is given by the Authorized Officer by using REDFLEX's system. 3. "Citation" means the notice of a Violation, which is mailed or otherwise delivered by REDFLEX to the violator on the appropriate Enforcement Documentation in respect of each Authorized Violation. REDFLEX shall use the return address of the Woodburn Police Department when Citations are delivered. 4. "Confidential Information" means, with respect to any Person, any information, matter or thing of a secret, confidential or private nature, whether or not so labeled, which is connected with such Person's business or methods CITY of Woodburn: Agreement with Redflex, Inc., for Photo Red Light Services Page 1 Woodburn Professional Services Agreement with Redflex Red Light Photo Enforcement Program of operation or concerning any of such Person's suppliers, licensors, licensees, Cities or others with whom such Person has a business relationship, and which has current or potential value to such Person or the unauthorized disclosure of which could be detrimental to such Person, including but not limited to: 4.1 Matters of a business nature, including but not limited to information relating to development plans, costs, finances, marketing plans, data, procedures, business opportunities, marketing methods, plans and strategies, the costs of construction, installation, materials or components, the prices such Person obtains or has obtained from its clients or Cities, or at which such Person sells or has sold its services; and 4.2 Matters of a technical nature, including but not limited to product information, trade secrets, know- how, formulae, innovations, inventions, devices, discoveries, techniques, formats, processes, methods, specifications, designs, patterns, schematics, data, access or security codes, compilations of information, test results and research and development projects. For purposes of this Agreement, the term "trade secrets" shall mean the broadest and most inclusive interpretation of trade secrets as defined by the Uniform Trade Secrets Act and cases interpreting the scope of the Uniform Trade Secrets Act. 4.3 Notwithstanding the foregoing, Co~dential Information will not include information that: (i) was generally available to the public or otherwise part of the public domain at the time of its disclosure, (ii) became generally available to the public or otherwise part of the public domain after its disclosure and other than through any act or omission by any party hereto in breach of this Agreement, (iii) was subsequently lawfully disclosed to the disclosing party by a person other than a party hereto, (iv) was required by a court of competent jurisdiction to be described, or (v) was required by applicable state law to be described. 4.4 The CITY is subject to the public records laws of the State of Oregon, and any information, documents, or other matters that are released by the CITY pursuant to a public record's request shall not be considered a violation of the agreement nor incur any liability on behalf of the CITY. 5. "Designated Intersection Approaches" means the Intersection Approaches set forth on Exhibit A attached hereto, and such additional Intersection Approaches as REDFLEX and the CITY shall mutually agree from time to time. 6. "Electronic Si ng afore" means the method through which the Authorized Officer indicates his or her approval of the issuance of a Citation in respect of a Potential Violation using REDFLEX's system. 7. "Enforcement Documentation" means the necessary and appropriate documentation related to the Redlight Photo Enforcement Program, including but not limited to warning letters, citation notices (using the specifications of the Municipal Court and the Albany Police Department numbering sequence for use on all citation notices (in accordance with applicable court rules), instructions to accompany each issued Citation (including in such instructions a description of basic court procedures, payment options and information regarding the viewing of images and data collected by REDFLEX's system), chain of custody records, criteria regarding operational policies for processing Citations (including with respect to coordinating with the Department of Motor Vehicles), and technical support documentation for applicable court and judicial officers . 8. "Eauipment" means any and all cameras, sensors, equipment, components, products, software and other tangible and intangible property relating to REDFLEX's system, including but not limited to all camera systems, housings and poles. 9. "Fine" means a monetary sum assessed for Citation, including but not limited to bail forfeitures, but excluding suspended fines. 10. "Governmental Authority" means any domestic or foreign government, governmental authority, court, tribunal, agency or other regulatory, administrative or judicial agency, commission or organization, and any subdivision, branch or department of any of the foregoing. Updated: March 22, 2010 8:26 AM Page 2 of 58 Woodburn Professional Services Agreement with Redflex Red Light Photo Enforcement Program 11. "Installation Date" means the date on which REDFLEX completes the construction and installation of at least one (1) Intersection Approach in accordance with the terms of this Agreement so that such Intersection Approach is operational for the purposes of functioning with the Redlight Photo Enforcement Program. 12. "Intellectual Property" means, with respect to any Person, any and all now known or hereafter known tangible and intangible (a) rights associated with works of authorship throughout the world, including but not limited to copyrights, moral rights and mask-works, (b) trademark and trade name rights and similar rights, (c) trade secrets rights, (d) patents, designs, algorithms and other industrial property rights, (e) all other intellectual and industrial property rights (of every kind and nature throughout the universe and however designated), whether arising by operation of law, contract, license, or otherwise, and (f) all registrations, initial applications, renewals, extensions, continuations, divisions or reissues hereof now or hereafter in force (including any rights in any of the foregoing), of such Person. 13. "Intersection Approach" means a conduit of travel with up to four (4) contiguous lanes from the curb (e.g., northbound, southbound, eastbound or westbound). 14. "O~erational Period" means the period of time during the Term, commencing on the Installation Date, during which the Redlight Photo Enforcement Program is functional in order to permit the identification and prosecution of Violations at the Designated Intersection Approaches by a sworn police officer of the CITY and the issuance of Citations for such approved Violations using REFLEX's system. 15. "Person" means a natural individual, company, Governmental Authority, partnership, firm, corporation, legal entity or other business association. 16. "Law Enforcement Project Manager" means the project manager appointed by the CITY in accordance with this Agreement, or such person as the CITY shall designate by providing written notice thereof to REDFLEX from time to time, which manager shall be a sworn peace officer and shall be responsible for overseeing the installation of the Intersection Approaches and the implementation of the Redlight Photo Enforcement Program, and which manager shall have the power and authority to make management decisions relating to the CITY's obligations pursuant to this Agreement, including but not limited to change order authorizations, subject to any limitations set forth in the CITY's charter or other organizational documents of the CITY or by the CITY Council or other governing body of the CITY. 17. "Potential Violation" means, with respect to any motor vehicle passing through a Designated Intersection Approach, the data collected by REDFLEX's system with respect to such motor vehicle, which data shall be processed by REDFLEX's system for the purposes of allowing the Authorized Officer to review such data and detemune whether a Violation has occurred. 18. "Proprietary Property" means, with respect to any Person, any written or tangible property owned or used by such Person in connection with such Person's business, whether or not such property is copyrightable or also qualifies as Confidential Information, including without limitation products, samples, equipment, files, lists, books, notebooks, records, documents, memoranda, reports, patterns, schematics, compilations, designs, drawings, data, test results, contracts, agreements, literature, correspondence, spread sheets, computer programs and software, computer print outs, other written and graphic records and the like, whether originals, copies, duplicates or summaries thereof, affecting or relating to the business of such Person, financial statements, budgets, projections and invoices. 19. "REDFLEX Marks" means all trademarks registered in the name of REDFLEX or any of its affiliates, such other trademarks as are used by REDFLEX or any of its affiliates on or in relation to Redlight Photo Enforcement at any time during the Term this Agreement, service marks, trade names, logos, brands and other marks owned by REDFLEX, and all modifications or adaptations of any of the foregoing. 20. "REDFLEX Project Manager" means the project manager appointed by REDFLEX in accordance with this Agreement, which project manager shall initially be Jack Weaver, or such person as REDFLEX shall designate by Updated: March 22, 2010 8:26 AM Page 3 of 58 Woodburn Professional Services Agreement with Redflex Red Light Photo Enforcement Program providing written notice thereof to the CITY from time to time, who shall be responsible for overseeing the construction and installation of the Designated Intersection Approaches and the implementation the Redlight Photo Enforcement Program, and who shall have the power and authority to make management decisions relating to REDFLEX's obligations pursuant to this Agreement, including but not limited to change-order authorizations. 21. "REDFLEX System" means, collectively, the SmartCamTM System, the SmartOpsTM System, the Redlight Photo Enforcement Program, and all of the other equipment, applications, back office processes and digital red light traffic enforcement cameras, sensors, components, products, software and other tangible and intangible property relating thereto. 22. "Redlight Photo Enforcement Program" means the process by which the monitoring, identification and enforcement of Violations is facilitated by the use of certain equipment, applications and back office processes of REDFLEX, including but not limited to cameras, flashes, central processing units, signal controller interfaces and detectors, which collectively, are capable of measuring Violations and recording such Violation data in the form of photographic images of motor vehicles and/or their drivers. 23. "Redlight Violation Criteria" means the standards and criteria by which Potential Violations will be evaluated by sworn police officers of the CITY, which standards and criteria shall include, but are not limited to, the duration of time that a traffic light must remain red prior to a Violation being deemed to have occurred, and the location(s) in an intersection which a motor vehicle must pass during a red light signal prior to being deemed to have committed a Violation, all of which shall be in compliance with all applicable laws, rules and regulations of Governmental Authorities. 24. "SmartCamTM System" means the proprietary digital speed and redlight photo enforcement system of REDFLEX relating to the Redlight Photo Enforcement Program. 25. "SmartOpsTM System" means the proprietary back-office processes of REDFLEX relating to the Redlight Photo Enforcement Program. 26. "SmartSceneTM System" means the proprietary digital video camera unit, hardware and software required for providing supplemental violation data. 27. "Traffic Signal Controller Boxes" means the signal controller interface and detector, including but not limited to the radar or video loop, as the case may be. 28. "Violation" means any traffic violation contrary to the terms of the Vehicle Code or any applicable rule, regulation or law of any other Governmental Authority, including but not limited to operating a motor vehicle contrary to traffic signals, and operating a motor vehicle without displaying a valid license plate or registration. 29. "Violations Data" means the images and other Violations data gathered by REDFLEX's system at the Designated Intersection Approaches. 30. "Warnin Pg eriod" means the period of thirty (30) days after the Installation Date. ARTICLE II: SCOPE For consideration set forth in Article VI, REDFLEX agrees to provide red light photo enforcement services to the CITY for the services described in the agreement that incorporates these Standard Terms and Conditions and those listed in Exhibits A through E. Unless modified in writing as set forth in Article III by the parties hereto, the duties of REDFLEX and the CITY shall not be construed to exceed those services and duties specifically set forth in the agreement. Updated: March 22, 2010 8:26 AM Page 4 of 58 Woodburn Professional Services Agreement with Redflex Red Light Photo Enforcement Program 1. Agreement Term. This Agreement shall be effective the date that it has been signed by every party, and continue until June 30, 2015 (the "Initial Term"), and upon renewal (see renewal clause) shall continue for each additional consecutive fiscal year until canceled or expiration of the Agreement term. 2. Renewal. If the CITY determines that it is in the CITY's best interest, the CITY may elect to extend the contract for seven (7) additional one (1) year periods at the end of each fiscal year, July 1 through June 30, (the "Renewal Term") subject to the following conditions: 2-l. The Agreement will not be extended if REDFLEX's services have been determined by the Contract Administrator, in the Administrator's sole discretion, to be unsatisfactory in any respect. 2-2. If the Agreement is extended, the annual financial reimbursement to the CITY will remain firm for the Renewal Term; adjusted only for any escalation/de-escalation allowed under the terms of the agreement. 2-3. The CITY may exercise the right to extend the term of this Agreement for a Renewal Term by providing written notice to REDFLEX not less than thirty (30) days prior to the last day of the Initial Term or the Renewal Term, as the case maybe. 3. Escalation/De-Escalation Agreement. 3-1. Prices shall remain firm throughout the initial agreement term except in the case of price decreases. Price decreases will be allowed the first of the month following receipt of communication, or the effective date, whichever is later. 3-2. Price increases will be considered at the time of contract renewal. REDFLEX must submit a written request with documentation justifying any price increase at least 45 calendar days prior to contract renewal to the Contract Administrator. Acceptable documentation shall include, but not limited to, provider's or manufacturer's published price list, discount schedule, or other basis of change in manufacturer pricing structure, invoices, journal or market reports, consumer price index, or other information deemed acceptable by the CITY. Proposed price increases shall not exceed the consumer price index for this Region -Portland, as of December of the prior year. REDFLEX will provide all documentation for verification purposes. 3-3. The CITY shall have the option of accepting the price increase or allowing the contract to expire (non- renewal) and the project rebid. The CITY reserves the right to audit the records of REDFLEX when requesting price increases to the extent that such records relate to cost or pricing data. ARTICLE III: MODIFICATIONS 1. The CITY or REDFLEX shall not make modifications in the attached agreement or these Standard Terms and Conditions except in writing as an amendment to the agreement. Said modifications shall be agreed to by both parties, with scope of work, schedule, and compensation to be negotiated at the time the modification is proposed by either party. Modifications which do not meet these requirements shall not be binding, and no further compensation will be allowed for any work performed. 2. Change Order Notice. The CITY may from time to time request changes to the work required to be performed or the addition of products or services to those required pursuant to the terms of this Agreement by providing written notice thereof to REDFLEX, setting forth in reasonable detail the proposed changes (a "Change Order Notice"). 3. Change Order Proposal. Upon REDFLEX's receipt of a Change Order Notice, REDFLEX shall deliver a written statement describing the effect, if any, the proposed changes would have on the compensation terms (the "Change Order Proposal"), which Change Order Proposal shall include the following: Updated: March 22, 2010 8:26 AM Page 5 of 58 Woodburn Professional Services Agreement with Redflex Red Light Photo Enforcement Program (i) a detailed breakdown of the charge and schedule effects, (ii) a description of any resulting changes to the specifications and obligations of the parties, (iii) a schedule for the delivery and other performance obligations, and (iv) any other information relating to the proposed changes reasonably requested by the CITY. 4. Implementation of Change Order. Following the CITY's receipt of the Change Order Proposal, the parties shall negotiate in good faith and agree to a plan and schedule for implementation of the proposed changes, the time, manner and amount of payment or price increases or decreases, as the case may be, and any other matters relating to the proposed changes; provided, however, in the event that any proposed change involves only the addition of equipment or services to the existing Designated Intersection Approaches, or the addition of Intersection Approaches to be covered by the terms of this Agreement, to the maximum extent applicable, the pricing terms set forth in the compensation section shall govern. Any failure of the parties to reach agreement with respect to any of the foregoing as a result of any proposed changes shall not be deemed to be a breach of this Agreement, and any disagreement shall be resolved in accordance with Article XXI. 5. System Up rg ades. If it is mutually agreed that available upgrades will increase issuance rates of violations generated by the program by 20 percent or more, or if any requirements are placed on the City by any local, county, state or federal law, regulation or statute that requires equipment to be modified, upgraded or replaced, REDFLEX will perform said modification, upgrade or replacement and install those components within sixty (60) days of such decision or notice at no additional cost to the City. In the event that upgrades to the system are not mutually agreed to or required by law, the modifications will be at the sole expense of the City and will be handled through the change order process described in this section. ARTICLE IV: RESPONSIBILITIES OF REDFLEX 1. Notice to Proceed. REDFLEX will not begin work on any of the duties and services listed in Article II until the CITY directs in writing to proceed. Authorization to proceed on additional services not defined in Article II shall be in the form of an amendment as defined in Article III. 2. Level of Competence. REDFLEX is employed to render professional services and shall be responsible, to the level of competence presently maintained by other practicing professional consulting firms in good standing and engaged in the same type of professional personal services, for the professional and technical adequacy and accuracy of specifications, documents, applications, and other work products furnished under this agreement. 3. Cost Estimates. Cost estimates to be prepared under this agreement are to be based upon presently available data. In preparation of these cost estimates, REDFLEX will apply its experience and judgment. 4. Document Preparation. The CITY will prepare and furnish all contract documents necessary for completion of the duties listed in Article II. 5. Access to Records. REDFLEX agrees to preserve and maintain for at least three (3) years after final payment under this contract, any directly pertinent books, documents, papers, and records generated by or provided to REDFLEX in the course of the performance of their duties under the terms of this contract. REDFLEX further agrees that the CITY, or any of its duly authorized representatives, shall, during said period, have access to and the right to audit, examine, and reproduce such records and further agrees to include the above provision in all subcontracts. 6. Ownership of Documents. Upon completion of this agreement, all design, contract, and proposal documents, all digital files including computer disks, and all software developed during the course of this project shall become the property of the CITY. The CITY will exercise discretion in any re-use of said documents and agrees to hold harmless REDFLEX for any application of documents for any purpose other than the originally intended use. 7. Intellectual Property Rights. If REDFLEX creates work pursuant to these documents that results in a copyright, Updated: March 22, 2010 8:26 AM Page 6 of 58 Woodburn Professional Services Agreement with Redflex Red Light Photo Enforcement Program patent, or any other protected intellectual property right, the CITY shall obtain aroyalty-free, nonexclusive, and irrevocable right and license to reproduce, publish, or otherwise use, and to authorize others to use the work, or any part thereof, developed. 8. State or Federal Requirements. REDFLEX covenants and agrees to comply with all of the obligations and conditions applicable to public contracts pursuant to ORS 279 Chapters A and B, as though each obligation or condition were set forth fully herein. REDFLEX, its subconsultants, if any, and all employers working under this agreement are subject employers under the Oregon Workers' Compensation Law and shall comply with ORS 656.017, which requires them to provide workers' compensation coverage for all their subject workers. 9. Scone of Work: 9-1. REDFLEX shall provide the Red Light Photo Enforcement Program to the CITY with respect to the Designated Intersection Approaches (Exhibit "A") in each case in accordance with the terms and provisions set forth in this Agreement. 9-2. Installation. With respect to the construction of the Designated Intersection Approaches and the installation of the REDFLEX System at such Designated Intersection Approaches, the CITY and REDFLEX shall have the respective rights and obligations set forth on Exhibit "B" attached hereto. 9-3. Maintenance. With respect to the maintenance of the REDFLEX System at the Designated Intersection Approaches, the CITY and REDFLEX shall have the respective rights and obligations set forth on Exhibit "C" attached hereto. 9-4. Violation Processing. During the Operational Period, Violations shall be processed in accordance with the Business Rules established by the CITY and agreed to by REDFLEX. The Business Rules shall ensure that the violations are processed in accordance with the proper laws and statutes. The CITY Administrator, in consultation with the Police Chief, is delegated the authority to establish the Business Rules, amend such rules, and authorize changes of such rules. The CITY attorney shall review the rules for legal content and correctness. REDFLEX shall not make any changes to the process or program of Business Rules without written approval from the CITY. Failure to follow the designated processing program or Business Rules when issuing citations shall not give rise to any legal recourse by violator and shall not be cause for dismissal of citation. 9-5. Remote Reviewing. REDFLEX shall provide the ability of the person issued a citation to remotely review the video images of the violation or other images produced by REDFLEX in accordance with their Remote Reviewing Program that REDFLEX has or is establishing. REDFLEX shall use its best efforts to make available to the CITY and the persons cited with citations convenient access to any data, images, or other information REDFLEX has and is authorized to share. REDFLEX shall make available to the CITY any new programs it develops for access and convenience of citizens in reviewing information concerning the citations issued. 9-6. Other Rights and Obli atg ions. During the Term, in addition to all of the other rights and obligations set forth in this Agreement, REDFLEX and the CITY shall have the respective rights and obligations set forth on Exhibit D attached hereto. 9-7. In addition to the obligations set forth herein, REDFLEX shall comply with all mandatory terms of the Request for Proposal issued by the City of Albany, RFP 20056-13 Red Light Photo Enforcement, May 30, 2006. In the event of a conflict between the terms of this agreement and the mandatory terms of the City of Albany's Request for Proposal, the terms of the Request for Proposal shall prevail. The Request for Proposal is attached hereto as Exhibit "E," and by this reference incorporated herein. Updated: March 22, 2010 8:26 AM Page 7 of 58 Woodburn Professional Services Agreement with Redflex Red Light Photo Enforcement Program ARTICLE V: RESPONSIBILITIES OF THE CITY 1. Authorization to Proceed. The CITY shall authorize REDFLEX in writing to proceed prior to REDFLEX starting work on any of the services listed in Article II. 2. Access to Records, Facilities and Property. The CITY shall comply with reasonable requests from REDFLEX for inspection or access to the CITY's records, facilities, and properties. 3. Timely Review. The CITY shall examine all studies, reports, sketches, drawings, specifications, proposals, and other documents presented by REDFLEX, obtain advice of an attorney, insurance counselor, accountant, auditor, and other consultants as the CITY deems appropriate for such examination and render in writing decisions pertaining thereto in a timely manner so as not to unreasonably delay the services of REDFLEX. ARTICLE VI: COMPENSATION 1. The CITY agrees to pay for the services in Article II in accordance with the compensation provisions in this agreement. 2. Payment will be made within 30 days after the receipt of billing for each service rendered during the month. If payment is not made within 30 days, interest on the unpaid balance will accrue beginning on the 31st day at the rate of one percent (1%) per month or the maximum interest rate permitted by law, whichever is less. Such interest is due and payable when the overdue payment is made, unless delay in payment is due to a contested billing. The CITY has the right to appeal or ask for clarification on any REDFLEX billing within 30 days of receipt of billing. Until said appeal is resolved or clarification is accepted, no interest will accrue on that portion of the billing. In the event of a contested billing, only that portion so contested shall be withheld, and the undisputed portion shall be paid in accordance with this Article VI. 3. Fee per Paid Citation. REDFLEX agrees to perform the work as required in the Scope of Work for compensation based upon the payment by the CITY of $60.00 per paid citation for the first 50 paid citations per REDFLEX's approach system per month. $50.00 per paid citation for paid citations 51-100, $40.00 per paid citation for paid citations 101-150 and $25.00 per paid citation for paid citations 151 on. The CITY may offer persons cited an option to attend traffic school, which would result in a dismissal of the citation. A citation that is dismissed pursuant to the traffic school option and the administrative fee is paid shall count as a paid citation. 4. Cost Neutrality. REDFLEX's compensation under this agreement shall be limited to the amount it receives in fees for paid citations as provided herein. This payment system provides cost neutrality to the CITY. 5. Prosecution and Collection. The CITY will diligently prosecute citations and pursue the collections of all fines and respect thereof REDFLEX will have the right to receive, and the CITY will be obligated to pay the compensation as set forth. Citations paid for on acourt-directed payment plan will be considered paid when the final payment has been made to the CITY. ARTICLE VII: INDEMNIFICATION REDFLEX agrees to indemnify, defend, and hold harmless the CITY, its agents, officers and employees, from and against any and all liability, claims, suits, loss, damages, costs, and expenses arising out of or resulting from the negligent or intentional acts, errors, or omissions of REDFLEX, its officers, employees, or agents. ARTICLE VIII: INSURANCE During the life of this agreement, REDFLEX shall maintain the following minimum insurance: 1. Commercial General Liability insurance policy for at least $1,000,000.00 combined single limits per occurrence Updated: March 22, 2010 8:26 AM Page 8 of 58 Woodburn Professional Services Agreement with Redflex Red Light Photo Enforcement Program ARTICLE XI: TERMINATION OF WORK 1. Change in Law, Court Rulings, and Material Breach. Either party shall have the right to terminate this Agreement immediately by written notice to the other if (i) state statutes are amended to prohibit or substantially change the operation of red light photo enforcement systems; (ii) any court having jurisdiction over the CITY rules, or Oregon or federal statute declares, that results from the REDFLEX System of red light photo enforcement are inadmissible in evidence; or (iii) the other party commits any material breach of any of the provisions of this Agreement which breach is not remedied within forty-five (45) calendar days (or within such other time period as the CITY and REDFLEX shall mutually agree, which agreement shall not be unreasonably withheld or delayed) after written notice from the non-breaching party setting forth in reasonable detail the events which caused the breach. 2. Other Rights or Remedies. The rights to terminate this Agreement given in Section 1 shall be without prejudice to any other right or remedy of either party in respect of the breach concerned (if any) or any other breach of this Agreement. Termination under Section 1 does not require the CITY to reimburse REDFLEX for direct costs as set out in Section 3. 3. Termination for Convenience. The CITY may terminate this Agreement without cause at any time by giving thirty days written notice of termination to REDFLEX. The CITY agrees to reimburse REDFLEX for all direct costs associated with the installation and initial establishment of the CITY's program, including, but not limited to (1) construction services, (2) software configuration and (3) hardware depreciation. All direct costs and capital expenditures will be amortized over 60 months. The CITY will be responsible for all un-amortized costs at the time of termination. For example, if the CITY terminates this agreement for convenience at month 30, the CITY will be responsible for 50% of the direct cost. REDFLEX shall, within 60 days of the installation date, present for the CITY's approval the list with amounts of all direct costs, which would be the subject of the reimbursement. 4. In the event of termination, REDFLEX shall perform such additional work as is necessary for the orderly filing of documents and closing of the project. The time spent on such additional work shall not exceed 10 percent of the time expended on the terminated portion of the project prior to the effective date of termination. REDFLEX shall be compensated for work actually performed prior to the effective date of termination plus the work required for filing and closing as described in this Article. If no notice of termination is given, relationships and obligations created by this agreement shall be terminated upon completion of all applicable requirements of this agreement. 5. Procedures Upon Termination. The termination of this Agreement shall not relieve either party of any liability that accrued prior to such termination. Except as set forth in Section 1, upon the termination of this Agreement, all of the provisions of this Agreement shall terminate and the following will be done by the parties: 6.1 REDFLEX shall (i) immediately cease to provide services, including but not limited to work in connection with the construction or installation of Intersection Approaches and services in connection with the Red Light Photo Enforcement Program, (ii) promptly deliver to the CITY any and all Proprietary Property of the CITY provided to REDFLEX pursuant to this Agreement, (iii) promptly deliver to the CITY a final report to the CITY regarding the collection of data and the issuance of Citations in such format and for such periods as the CITY may reasonably request, and which final report REDFLEX shall update or supplement from time to time when and if additional data or information becomes available, (iv) promptly deliver to the CITY a final invoice stating all fees and charges properly owed by the CITY to REDFLEX for work performed and Citations issued by REDFLEX prior to the termination, and (v) provide such assistance as the CITY may reasonably request from time to time in connection with prosecuting and enforcing Citations issued prior to the termination of this Agreement. 6.2 The CITY shall (i) immediately cease using the Red Light Photo Enforcement Program, accessing REDFLEX's system and using any other Intellectual Property of REDFLEX, (ii) promptly deliver to REDFLEX any and all Proprietary Property of REDFLEX provided to the CITY pursuant to this Agreement, and (iii) promptly pay any and all fees, charges and amounts properly owed by the CITY to REDFLEX for work performed and Citations issued by REDFLEX prior to the termination. Updated: March 22, 2010 8:26 AM Page 10 of 58 Woodburn Professional Services Agreement with Redflex Red Light Photo Enforcement Program 6.3 Restoration of Intersection Approaches. Unless the CITY and REDFLEX have agreed to enter into a new agreement relating to the Red Light Photo Enforcement Program or have agreed to extend the Term of this Agreement, REDFLEX shall remove any and all Equipment or other materials of REDFLEX installed in connection with REDFLEX's performance of its obligations under this Agreement, including but not limited to housings, poles and camera systems, and REDFLEX shall restore the Designated Intersection Approaches to substantially the same condition such Designated Intersection Approaches were in immediately prior to this Agreement. 7. Survival of Provisions. Notwithstanding the foregoing, the definitions and each of the following shall survive the termination of this Agreement: Article XII (LICENSE; RESERVATION OF RIGHTS), XIV (REDFLEX WARRANTIES), VII (INDEMNIFICATION), XXV (NOTIFICATION), XXI (DISPUTES), XXIII (APPLICABLE LAW), XXIV (COURT OF NRISDICTION) and, and those provisions, and the rights and obligations therein, set forth in this Agreement which either by their terms state, or evidence the intent of the parties, that the provisions survive the expiration or termination of the Agreement, or must survive to give effect to the provisions of this Agreement. ARTICLE XII: LICENSE; RESERVATION OF RIGHTS 1. LICENSE. Subject to the terms and conditions of this Agreement, REDFLEX hereby grants the CITY, and the CITY hereby accepts from REDFLEX upon the terms and conditions herein specified, anon-exclusive, non- transferable license during the Term of this Agreement to: (a) solely within the CITY of Woodburn, access and use the REDFLEX System for the sole purpose of reviewing Potential Violations and authorizing the issuance of Citations pursuant to the terms of this Agreement, and to print copies of any content posted on the REDFLEX System in connection therewith, (b) disclose to the public (including outside of the CITY of Woodburn) that REDFLEX is providing services to the CITY in connection with Redlight Photo Enforcement Program pursuant to the terms of this Agreement, and (c) use and display the REDFLEX Marks on or in marketing, public awareness or education, or other publications or materials relating to the Redlight Photo Enforcement Program, so long as any and all such publications or materials are approved in advance by REDFLEX. 2. Reservation of Rights. The CITY hereby acknowledges and agrees that: (a) REDFLEX is the sole and exclusive owner of the REDFLEX System, the REDFLEX Marks, all Intellectual Property arising from or relating to the REDFLEX System, and any and all related Equipment, (b) the CITY neither has nor makes any claim to any right, title or interest in any of the foregoing, except as specifically granted or authorized under this Agreement, and (c) by reason of the exercise of any such rights or interests of the CITY pursuant to this Agreement, the CITY shall gain no additional right, title or interest therein. 3. Restricted Use. The CITY hereby covenants and agrees that it shall not (a) make any modifications to the REDFLEX System, including but not limited to any Equipment, (b) alter, remove or tamper with any REDFLEX Marks, (c) use any of the REDFLEX Marks in any way which might prejudice their distinctiveness, validity or the goodwill of REDFLEX therein, (d) use any trademarks or other marks other than the REDFLEX Marks in connection with the CITY's use of the REDFLEX System pursuant to the terms of this Agreement without first obtaining the prior consent of REDFLEX, or (e) disassemble, decompile or otherwise perform any type of reverse engineering to the REDFLEX System, the REDFLEX System, including but not limited to any Equipment, or to any, Intellectual Property or Proprietary Property of REDFLEX, or cause any other Person to do any of the foregoing. 4. Protection of Rights. REDFLEX shall have the right to take whatever action it deems necessary or desirable to remedy or prevent the infringement of any Intellectual Property of REDFLEX, including without limitation the filing of applications to register as trademarks in any jurisdiction any of the REDFLEX Marks, the filing of patent application for any of the Intellectual Property of REDFLEX, and making any other applications or filings with appropriate Governmental Authorities. The CITY shall not take any action to remedy or prevent such infringing activities, and shall not in its own name make any registrations or filings with respect to any of the REDFLEX Marks or the Intellectual Property of REDFLEX without the prior written consent of REDFLEX. Updated: March 22, 2010 8:26 AM Page 11 of 58 Woodburn Professional Services Agreement with Redflex Red Light Photo Enforcement Program 5. Infrin eg ment. The CITY shall use its reasonable best efforts to give REDFLEX prompt notice of any activities or threatened activities of any Person of which it becomes aware that infringes or violates the REDFLEX Marks or any of REDFLEX's Intellectual Property or that constitute a misappropriation of trade secrets or act of unfair competition that might dilute, damage or destroy any of the REDFLEX Marks or any other Intellectual Property of REDFLEX. REDFLEX shall have the exclusive right, but not the obligation, to take action to enforce such rights and to make settlements with respect thereto. In the event that REDFLEX commences any enforcement action under this Section, then the CITY shall render to REDFLEX such reasonable cooperation and assistance as is reasonably requested by REDFLEX, and REDFLEX shall be entitled to any damages or other monetary amount that might be awarded after deduction of actual costs; provided, that REDFLEX shall reimburse the CITY for any reasonable costs incurred in providing such cooperation and assistance. 6. Infringing Use. The CITY shall give REDFLEX prompt written notice of any action or claim action or claim, whether threatened or pending, against the CITY alleging that the REDFLEX Marks, or any other Intellectual Property of REDFLEX, infringes or violates any patent, trademark, copyright, trade secret or other Intellectual Property of any other Person, and the CITY shall render to REDFLEX such reasonable cooperation and assistance as is reasonably requested by REDFLEX in the defense thereof; provided, that REDFLEX shall reimburse the CITY for any reasonable costs incurred in providing such cooperation and assistance. If such a claim is made and REDFLEX determines, in the exercise of its sole discretion, that an infringement may exist, REDFLEX shall have the right, but not the obligation, to procure for the CITY the right to keep using the allegedly infringing items, modify them to avoid the alleged infringement or replace them with non-infringing items. ARTICLE XIII: BOLI -PREVAILING WAGE REDFLEX shall be solely responsible for complying with BOLI's prevailing wage requirements. REDFLEX shall pay such prevailing wages in accordance with BOLI's requirements pursuant to BOLI's contract entitled "Prevailing Wage Rates for Public Works Contracts in Oregon." ARTICLE XIV: REDFLEX WARRANTIES The work to be performed by REDFLEX includes services generally performed by REDFLEX in its usual line of business. The work performed by REDFLEX under this Agreement shall be performed in a good and businesses- like manner in accordance with the highest professional standards. REDFLEX shall, at all times, during the term of this Agreement, be qualified, be professionally competent, and duly licensed to perform the work. ARTICLE XV: INDEPENDENT CONTRACTOR REDFLEX is not currently employed by the CITY. The parties to this Agreement intend that REDFLEX perform all work as an Independent Contractor. No agent, employee, or servant of REDFLEX shall be or shall be deemed to be the employee, agent or servant of the CITY. The CITY is interested only in the results obtained under this Agreement; the manner and means of conducting the work are under the sole control of REDFLEX, however, the work contemplated herein must meet the approval of the CITY and shall be subject to the CITY's general right of inspection and supervision to secure the satisfactory performance thereof. ARTICLE XVI: TAXES REDFLEX will be responsible for any federal or state taxes applicable to payments received under this Agreement. The CITY will report the total of all payments to REDFLEX, including any expenses, in accordance with the Federal Internal Revenue Service and the State of Oregon Department of Revenue regulations. ARTICLE XVII: AUDIT RIGHTS REDFLEX must provide to the Woodburn City Council an annual report, prepared by an independent auditor at REDFLEX's expense, representing REDFLEX's compliance with the contract and analysis of the accuracy of billing Updated: March 22, 2010 8:26 AM Page 12 of 58 Woodburn Professional Services Agreement with Redflex Red Light Photo Enforcement Program statements regarding the CITY of Woodburn's red light photo enforcement program. Each of the parties hereto shall have the right to audit the books and records of the other party hereto (the "Audited P~") solely for the purpose of verifying the payments, if any, payable pursuant to this Agreement. Any such audit shall be conducted upon not less than forty-eight (48) hours' prior notice to the Audited Party, at mutually convenient times and during the Audited Party's normal business hours. Except as otherwise provided in this Agreement, the cost of any such audit shall be borne by the non-Audited Party. In the event any such audit establishes any underpayment of any payment payable by the Audited Party to the non-Audited Party pursuant to this Agreement, the Audited Party shall promptly pay the amount of the shortfall. In the event any such audit establishes any overpayment by the Audited Party of any payment made pursuant to this Agreement, non-Audited Party shall promptly refund to the Audited Party the amount of the excess. ARTICLE XVIII: ENTIRE AGREEMENT This Agreement constitutes the entire Agreement between the parties and supersedes all prior agreements, written and oral, courses of dealing, or other understanding between the parties. No modification of this Agreement shall be binding unless in writing and signed by both parties. ARTICLE XIX: SEVERABILITY If any provision of this Agreement is held by any court or other competent authority to be void or unenforceable in whole or part, this Agreement shall continue to be valid as to the other provisions thereof and the remainder of the affected provision. ARTICLE XX: FORCE MAJEURE Neither the CITY nor REDFLEX shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the other or the other's employees and agents. ARTICLE XXI: DISPUTES Upon the occurrence of any dispute or disagreement between the parties hereto arising out of or in connection with any term or provision of this Agreement, the subject matter hereof, or the interpretation or enforcement hereof (the "Dispute"), the parties shall engage in informal, good faith discussions and attempt to resolve the Dispute. In connection therewith, upon written notice of either party, each of the parties will appoint a designated officer whose task it shall be to meet for the purpose of attempting to resolve such Dispute. The designated officers shall meet as often as the parties shall deem to be reasonably necessary. Such officers will discuss the Dispute. If the parties are unable to resolve the Dispute in accordance with this Article, and in the event that either of the parties concludes in good faith that amicable resolution through continued negotiation with respect to the Dispute is not reasonably likely, then the parties may mutually agree to submit to binding or nonbinding arbitration or mediation. In the event either party brings action to enforce the terms of this agreement or to seek damages for its breach, or arising out of any dispute concerning the terms and conditions hereby created, the prevailing party shall be entitled to an award of its reasonable attorney fees, costs, and expenses, incurred therein, including such costs and fees as may be required on appeal. ARTICLE XXII: COOPERATIVE PURCHASING Pursuant to ORS 279A.205 thru 279A.215, other public agencies and members of the Oregon Cooperative Purchasing Program (ORCPP) may use the purchase agreement resulting from this RFP unless Proposer expressly notes in the proposal that the prices quoted are available to the CITY only. The condition of such use by other agencies is that any such agency must make and pursue contact, purchase order, delivery arrangements, and all Updated: March 22, 2010 8:26 AM Page 13 of 58 Woodburn Professional Services Agreement with Redflex Red Light Photo Enforcement Program contractual remedies directly with the successful Proposer; the CITY accepts no responsibility for performance by either the successful Proposer or such other agency using this agreement. With such condition, the CITY consents to such use by any other public agency. ARTICLE XXIII: APPLICABLE LAW This Agreement shall be governed by and construed in all respects solely in accordance with the laws of the State of Oregon, United States. ARTICLE XXIV: COURT OF JURISDICTION The laws of the State of Oregon shall govern the validity of this agreement, its interpretation and performance, and other claims related to it. Venue for litigation shall be in Marion County, Oregon. ARTICLE XXV: NOTIFICATION All correspondence and notices related to this Agreement shall be directed to the project manager for the party to whom the correspondence or notice is intended. If directed to the CITY: Scott Russell, Police Chief. If directed to REDFLEX: Program Mana ement at the address listed above. Each party shall be responsible for notifying the other of any changes in project manager designation. REDFLEX: Date: By: Aaron Rosenberg, Executive Vice President CITY OF WOODBURN, OREGON: Date: By: Scott C. Derickson, City Administrator Updated: March 22, 2010 8:26 AM Page 14 of 58 Woodburn Professional Services Agreement with Redflex Red Light Photo Enforcement Program Exhibit "A" Designated Intersection Approaches The contract is for the implementation of up to eight (8) intersections. The CITY has expressed interest in installing a Red Light Photo Enforcement System at the intersection of Mt. Hood Avenue and State Highway 99E. The final determination regarding the implementation of a system at this location will be based on the mutual agreement of both parties and the approval of the CITY's traffic safety study by ODOT. Identification of other enforced intersections will be based on mutual agreement between REDFLEX and the CITY as warranted by community safety and traffic needs. All systems contemplated for roadways that are maintained by the State of Oregon will also require ODOT approval of the CITY's traffic safety study. Updated: March 22, 2010 8:26 AM Page 15 of 58 Woodburn Professional Services Agreement with Redflex Red Light Photo Enforcement Program Exhibit "B" Construction and Installation Obligations Timeframe for Installation REDFLEX will have each specified intersection installed and activated in phases in accordance with an implementation plan to be mutually agreed to by REDFLEX Traffic Systems and the CITY. REDFLEX will use reasonable commercial efforts to install the system in accordance with the schedule set forth in the implementation plan that will be formalized upon project commencement. REDFLEX will use reasonable commercial efforts to install and activate the first specified intersection within the first sixty (60) days subsequent to formal project kick-off. The CITY agrees that the estimated timeframe for installation and activation are subject to conditions beyond the control of REDFLEX and are not guaranteed. 1. REDFLEX Obligations. REDFLEX shall do or cause to be done each of the following (in each case, unless otherwise stated below, at REDFLEX's sole expense): 1.1. Appoint the REDFLEX Project Manager and a project implementation team consisting of between one (1) and four (4) people to assist the REDFLEX Project Manager; 1.2. Develop a Project Schedule to track project implementation. The REDFLEX Project Manager shall report to the CITY Project Manager on the status of project implementation at least once every 14 days after formal project kickoff 1.3. Request current "as-built" electronic engineering drawings for the Designated Intersection Approaches (the "Drawings") from the CITY traffic engineer; 1.4. Develop and submit to the CITY for approval construction and installation specifications in reasonable detail for the Designated Intersection Approaches, including but not limited to specifications for all radar sensors, pavement loops, electrical connections and traffic controller connections, as required; and 1.5. Seek approval from the relevant Governmental Authorities having authority or jurisdiction over the construction and installation specifications for the Designated Intersection Approaches (collectively, the "Approvals"), which will include compliance with CITY permit applications. 1.6. Finalize the acquisition of the Approvals; 1.7. Submit to the CITY a public awareness strategy for the CITY's consideration and approval, which strategy shall include media and educational materials for the CITY's approval or amendment (the "Awareness Strategy"); 1.8. Assist the CITY in developing the Red Light Violation criteria; 1.9. Develop the Enforcement Documentation for approval by the CITY, which approval shall not be unreasonably withheld; 1.10. Complete the installation and testing of all necessary Equipment, including hardware and software, at the Designated Intersection Approaches (under the supervision of the CITY); 11. Cause an electrical sub-contractor to complete all reasonably necessary electrical work at the Designated Intersection Approaches, including but not limited to the installation of all related Equipment and other detection sensors, poles, cabling, telecommunications equipment and wiring, which work shall be performed in compliance with all applicable local, state and federal laws and regulations; Updated: March 22, 2010 8:26 AM Page 16 of 58 Woodburn Professional Services Agreement with Redflex Red Light Photo Enforcement Program 1.12. Install and test the functionality of the Designated Intersection Approaches with the REDFLEX System and establish fully operational Violation processing capability with the REDFLEX System; 1.13. Implement the use of the REDFLEX System at each of the Designated Intersection Approaches; 1.14. Deliver the Materials to the CITY; 1.15. Issue "warning letters" for Authorized Violations which occurred at each Designated Intersection Approach during the Warning Period; and 16. During the Warning Period, REDFLEX shall provide training (i) for up to fifteen (15) personnel of the CITY, including but not limited to the persons who CITY shall appoint as Authorized Officers and other persons involved in the administration of the Redlight Photo Enforcement Program, (ii) for at least sixteen (16) hours in the aggregate, (iii) regarding the operation of the REDFLEX System and the Redlight Photo Enforcement Program, which training shall include training with respect to the REDFLEX System and its operations, strategies for presenting Violations Data in court and judicial proceedings and a review of the Enforcement Documentation; 17. Interact with court and judicial personnel to address issues regarding the implementation of the REDFLEX System, the development of a subpoena processing timeline that will permit the offering of Violations Data in court and judicial proceedings, the establishment of a court hearing schedule for adjudicating upon Citations, and coordination between REDFLEX, the CITY and juvenile court personnel; and 1.18. Provide reasonable public relations resources and media materials to the CITY in the event that the CITY elects to conduct a public launch of the Redlight Photo Enforcement Program. 2. CITY OBLIGATIONS. The CITY shall do or cause to be done each of the following (in each case, unless otherwise stated below, at CITY's sole expense): 2. 1 Appoint the Police Project Manager; 2.2 Assist REDFLEX in obtaining the Drawings from the relevant Governmental Authorities; 2.3 Notify REDFLEX of any specific requirements relating to the construction and installation of any Intersection Approaches or the implementation of the Redlight Photo Enforcement Program; 2.4 Provide assistance to REDFLEX in obtaining access to the records data of the Department of Motor Vehicles in REDFLEX's capacity as an independent contractor to the CITY; 2.5 Assist REDFLEX in seeking the Approvals; 2.6 Provide reasonable access to the CITY's properties and facilities in order to permit REDFLEX to install and test the functionality of the Designated Intersection Approaches and the Redlight Photo Enforcement Program; 2.7 Provide reasonable access to the personnel of the CITY and reasonable information about the specific operational requirements of such personnel for the purposes of performing training; 2.8 Provide the services of necessary personnel during the Warning Period; 2.9 Seek approval or amendment of Awareness Strategy and provide written notice to REDFLEX with respect Updated: March 22, 2010 8:26 AM Page 17 of 58 Woodburn Professional Services Agreement with Redflex Red Light Photo Enforcement Program to the quantity of media and program materials (the "Materials") that the CITY will require in order to implement the Awareness Strategy during the period commencing on the date on which REDFLEX begins the installation of any of the Designated Intersection Approaches and ending one (1) month after the Installation Date; 2.lODevelop the Red Light Violation criteria in consultation with REDFLEX; and 2.11 Seek approval of the Enforcement Documentation. Updated: March 22, 2010 8:26 AM Page 18 of S8 Woodburn Professional Services Agreement with Redflex Red Light Photo Enforcement Program Exhibit "C" Maintenance All repair and maintenance of camera systems and related equipment will be the sole responsibility of REDFLEX, including but not limited to maintaining the casings of the cameras included in the REDFLEX System and all other Equipment in reasonably clean and graffiti-free condition. 2. REDFLEX shall not open the Traffic Signal Controller Boxes without a representative of the ODOT Region 2 Traffic Engineering Unit and/or the ODOT District 3 Maintenance personnel present. 3. The provision of all necessary electrical and telephone services to the Designated Intersection Approaches will be the sole responsibility REDFLEX, and the CITY shall provide all electrical power. 4. In the event that images of a quality suitable for the Authorized Officer to identify Violations cannot be reasonably obtained without the use of flash units, REDFLEX shall provide and install such flash units. 5. The REDFLEX Project Manager (or a reasonable alternate) shall be available to the Police Project Manager each day, on a reasonable best efforts basis. Updated: March 22, 2010 8:26 AM Page 19 of 58 Woodburn Professional Services Agreement with Redflex Red Light Photo Enforcement Program Exhibit "D" Additional Rights and Obligations REDFLEX and the CITY shall respectively have the additional rights and obligations set forth below: 1. Communications and Public Relations Strategy. 1-1 REDFLEX shall assist the CITY in public information and education efforts. REDFLEX must provide the CITY of Woodburn with public information materials. These materials should include, but are not limited to, brochures describing the photo red light program, how red light cameras operate, and the benefits provided by the use of photo red light cameras. 1-2 Vendor must be available to act as a resource during certain events planned as part of the photo red light communications and public relations strategy. This includes, but is not limited to, equipment demonstrations as part of community presentations. 2. REDFLEX shall be solely responsible for the fabrication of any signage, notices or other postings required pursuant to any law, rule or regulation of any Governmental Authority ("Si na a"), including but not limited to the Vehicle Code, and shall assist in determining the placement of such Signage, and the CITY hereby acknowledges and agrees that the CITY shall be solely responsible for installing such Signage. 3. REDFLEX shall be solely responsible for the installation of LED lights at enforced intersections. 4. REDFLEX Project Manager and the Police Project Manager shall meet on a weekly basis during the period commencing as of the date of execution hereof and ending on the Installation Date, and on a monthly basis for the remainder of the Term, at such times and places as the REDFLEX Manager and the CITY Manager shall mutually agree. 5. The CITY shall not access the REDFLEX System or use the Redlight Photo Enforcement Program in any manner other than prescribe by law and which restricts or inhibits any other Person from using the REDFLEX System or the REDFLEX Photo Enforcement Program with respect to any Intersection Approaches constructed or maintained by REDFLEX for such Person, or which could damage, disable, impair or overburden the REDFLEX System or the REDFLEX Photo Enforcement Program, and the CITY shall not attempt to gain unauthorized access to (i) any account of any other Person, (ii) any computer systems or networks connected to the REDFLEX System, or (iii) any materials or information not intentionally made available by REDFLEX to the CITY by means of hacking, password mining or any other method whatsoever, nor shall the CITY cause any other Person to do any of the foregoing. 6. The CITY shall maintain the confidentiality of any username, password or other process or device for accessing the REDFLEX System or using the Redlight Photo Enforcement Program. 7. Each of REDFLEX and the CITY shall advise each other in writing with respect to any applicable rules or regulations governing the conduct of the other on or with respect to the property of such other party, including but not limited to rules and regulations relating to the safeguarding of confidential or proprietary information, and when so advised, each of REDFLEX and the CITY shall obey any and all such rules and regulations. 8. The CITY shall promptly reimburse REDFLEX for the cost of repairing or replacing any portion of the REDFLEX System, or any property or equipment related thereto, damaged directly or indirectly by the CITY, or any of its employees, contractors or agents. Updated: March 22, 2010 8:26 AM Page 20 of 58 Red Light Photo Enforcement Program Exhibit "E" RFP 20056-13, Red Light Photo Enforcement Cif of Alban... ,Ore on REQUEST FOR PROPOSAL (RFP NO. 20056-13) RED LIGHT PHOTO ENFORCEMENT Issue Date: May 30, 2006 Proposal Due Date: 4:00 p.m. PDT, June 30, 2006 Submittal Location: City of Albany Administrative Services Dept., Attn: Diane Wood 333 Broadalbin Street SW Albany, OR 97321-0144 Chief of Police ........................................................................... ............................. ..... Ed Boyd Contract Administrator ........................................................................................... Patrick Hurley Purchasing Coordinator ............................................................................................. Diane Wood For more information regarding this Request for Proposals, contact Diane Wood at (541) 917-7522 ALBANY POLICE DEPARTMENT City of Albany, Albany Police DepartmentRFP No. 20056-13) Page 21 of 58 Woodburn Professional Services Agreement with Redflex Red Light Photo Enforcement Program RED LIGHT PHOTO ENFORCEMENT SECTION 1: INVITATION ........................................................................................3 SECTION 2: GENERAL BACKGROUND INFORMATION ......................................4 SECTION 3: INSTRUCTIONS TO PROPOSERS ................................................... 5 SECTION 4: GENERAL QUALIFICATIONS, SCOPE OF SERVICES AND REQUIREMENTS OF SUCCESSFUL PROPOSER .........................13 SECTION 5: SELECTION PROCESS AND EVALUATION ...................................20 ATTACHMENT A: PROFESSIONAL SERVICES CONTRACT .............................. 23 ATTACHMENT B: DECLARATION OF INDEPENDENT CONTRACTOR STATUS28 ATTACHMENT C: NOTICE OF INTENT TO PROPOSE .......................................31 City of Albany, Albany Police Department (RFP No. 20056-13) Page 22 of 58 Woodburn Professional Services Agreement with Redflex Red Light Photo Enforcement Program SECTION 1: INVITATION 1.1 PURPOSE. The City of Albany ("City") invites sealed proposals from proposers desiring to provide all equipment, software, and installation of photo capturing equipment, either through use of vendor supplied video detection or inductive loops, at no cost to the City. The City will contract with the successful Proposer for a period of three years with seven one-year renewal options at the City's sole discretion. 1.2 SOLICITATION DOCUMENTS AND DEADLINE. The Request for Proposal (RFP) documents are available from the Administrative Services Department of the City of Albany, 333 Broadalbin Street SW, Albany, OR 97321- 0144, weekdays between the hours of 8:00 a.m. and 5:00 p.m. PDT. There is no charge for the RFP documents. The documents may also be downloaded from the City of Albany Web site at www.cityofalbany.net/bids. It is imperative that those who download the solicitation document check the site regularly for addenda and other notifications that may be pertinent. Proposers must submit a Notice of Intent to Propose by June 16, 2006. The City will be the sole judge in determining the award of an Agreement and reserves the right to reject any or all proposals. It is the intent of the City of Albany to permit other public agencies to utilize the contracts resulting from this solicitation. A performance bond will not be required. A pre-proposal conference has been determined unnecessary. SECTION 2: GENERAL BACKGROUND INFORMATION 2.1 DESCRIPTION OF THE CITY OF ALBANY. Albany is located in the heart of the Willamette Valley, 24 miles south of Salem, the state capital, and 40 miles north of Eugene, the state's second largest city. With a 2005 population of 45,360, Albany sits in both Linn and Benton Counties and is the county seat of Linn County. With a diverse economic base Albany is experiencing growth common to the Willamette Valley, and is well poised to maximize the current growth potential. 2.2 BACKGROUND OF THE PROGRAM. In 2003, there were an estimated 259 vehicle accidents at red light intersections in Albany, equating to an estimated $2,590,000 for bodily injury and $647,500 for property damage. On October 25, 2004, the Albany City Council approved a workgroup to assess the prospect of Red Light Photo Enforcement. In February and March of 2005, the Red City of Albany, Albany Police Department (RFP No. 20056-13) Page 23 of 58 Woodburn Professional Services Agreement with Redflex Red Light Photo Enforcement Program Light Photo Enforcement Workgroup sent out a public survey to the citizens of Albany. Based on the results of the survey, about 62 percent of Albany residents "support" or "strongly support" implementation of a red light photo enforcement program. The City of Albany has determined that the use of this program, and resulting traffic citations, would help promote traffic safety and reduce the number of accidents in our community as part of a comprehensive community safety program SECTION 3: INSTRUCTIONS TO PROPOSERS 3.1 SUBMITTAL LOCATION AND CONTACT. The Solicitation Document pick-up location, submittal location, and the destination address for all associated communications is the following: City of Albany Administrative Services Department Attn: Diane Wood 333 Broadalbin Street SW Albany, OR 97321-0144 Contact: Diane Wood, Purchasing Coordinator E-mail: diane.woodt~cityofalbany.net 3.2 SUBMITTAL OF PROPOSAL. Proposals will be received until, but not after, 4:00 p.m. PDT on Friday. June 30, 2006. One (1) signed original and six (6) copies of each proposal shall be sealed in an envelope or shipping container, addressed to the above address, marked on the outside of the envelope or shipping container with the name of the Proposer and the words "RED LIGHT PHOTO ENFORCEMENT PROGRAM: RFP# 20056-13". The original proposal copy shall be signed by a representative of the Proposer who is authorized to sign for and contractually bind the Proposer. Please identify the original copy with the printed words "Original Copy." Proposals may not be submitted by electronic means. Any proposals received after the scheduled closing time for receipt or delivered to any other office other than the office identified above will be considered late and will not be returned. They will become part of the public record. It is the sole responsibility of the Proposer to ensure that the proposal is received at the designated location before the designated time. Proposers mailing proposals should allow normal mail delivery time to ensure timely receipt of their proposals. Proposals received will be held confidential until the contract has been awarded. Thereafter, all proposals will be available for public inspection at the Administrative Services Department of City Hall at the address listed above unless specifically requested to be kept confidential by the Proposer in the proposal. 3.3 RESPONSE DATE. In order to be considered for selection, proposals must arrive at the location listed in City of Albany, Albany Police Department (RFP No. 20056-13) Page 24 of 58 Woodburn Professional Services Agreement with Redflex Red Light Photo Enforcement Program Section 3.1 on or before the date and time specified in the RFP advertisement. Proposers mailing responses should allow normal mail delivery time to ensure timely receipt of their materials. Any proposal received after the scheduled closing time for receipt of proposals, or addressed to an office other than that of the Administrative Services Department will not be considered. Delivery in the manner stated herein and completeness of submittals as required by this RFP shall be solely the responsibility of the Proposer. Submission of proposals or additional information offered after the closing date and time shall not be accepted or considered. 3.4 PROPOSAL SUBMITTAL REQUIREMENTS. Each Proposer must submit the proposal submittal requirements as presented in Section 5, Selection Process and Evaluation, of this RFP. Proposals received without the required information may be rejected as being non-responsive. The City shall have the right to reject any proposal as a result of the information gathered in its research. 3.5 CLARIFICATION OF RFP SOLICITATION AND CONTRACT DOCUMENTS AND REQUESTED CHANGES. Technical questions relating to the requirement and specifications of the RFP and/or the RFP process should be directed in writing to the address listed in Section 3.1. Any person who contemplates submitting a proposal in response to this RFP and who finds discrepancies in, or omissions from, or is in doubt as to the true meaning of any part of the RFP document must submit to the Purchasing Coordinator a written request for a clarification or interpretation thereof. Any clarification or interpretation of the proposal documents will be made only by written notification. The City is not responsible for any explanation, clarification, or interpretation given in any manner except by written notification. All requests for changes, interpretations, clarifications, or additional information must be submitted to the City of Albany no later than the date set in the RFP Schedule found in Section 3.8. Any person who contemplates submitting a proposal in response to this RFP and who wishes to have the City consider a change in any part of the RFP document must include the proposed change and the reason for the change. Protests against award based on the specifications or other content of the RFP will not be considered after this time. Changes to this RFP document shall only be by written addenda. All responses to requests for clarification will be mailed to the inquirer and posted on the City Web site. 3.6 CHANGES TO THE SOLICITATION (ADDENDA). The City of Albany reserves the right to make changes to the RFP by written addendum, which shall be issued to all prospective Proposers known to the City of Albany to have received the Proposal Document. Proposers who have downloaded the RFP should check the Web site regularly for addenda or clarification and additional information. The City of Albany will evaluate any request submitted, but reserves the right to determine whether to accept the requested change. If in the Purchasing Coordinator's opinion, additional information or interpretation is necessary; such information will be supplied in the form of an Addendum as stated above. Any addenda shall have the same binding City of Albany, Albany Police Department (RFP No. 20056-13) Page 25 of 58 Woodburn Professional Services Agreement with Redflex Red Light Photo Enforcement Program effect as though contained in the main body of the RFP. Oral instructions or information concerning the specifications of the project given out by City of Albany managers, employees, or agents to the prospective Proposers shall not bind the City of Albany. a) Addenda will be mailed or delivered to all Interested Proposers known by the City of Albany to have received the Proposal Document. b) All Addenda, clarification, and interpretations will be posted on the City of Albany Web site, at www.cityofalbany.net/bids. c) No addenda will be issued later than the date set in the RFP Schedule, except an addendum, if necessary, postponing the date for receipt of Proposals or withdrawing the invitation. d) Addenda shall be signed by the same individual that signs the proposal and SHALL BE SUBMITTED with the proposal or as otherwise directed by instructions printed on the addenda. Proposals received without properly signed addenda may be considered non- responsive. 3.7 NOTICE OF INTENT TO PROPOSE. All potential Proposers are required to notify the City in writing by submitting a "Notice of Intent to Propose" by June 16, 2006, at the location listed in Section 3.1, to be considered an interested Proposer. The Notice of Intent to Propose is included in the Solicitation packet as Attachment C. Submit the original by the deadline and retain a copy to be submitted with your Proposal. 3.8 ANTICIPATED RFP SCHEDULE. The anticipated schedule is shown below and may be subject to change based on City needs: Date May 30, 2006 June 12, 2006 June 16, 2006 June 20, 2006 June 23, 2006 June 30, 2006 July 5, 2006 July 19, 2006 TBD City Council Meeting 3.9 PROPOSAL FORMAT. Event Issue RFP Final date to submit changes or solicitation protests Final date to submit Notice of Intent to Propose Final date for clarifications Final addendums from the City Proposals due to City by 4:00 p.m. PDT Evaluations begin Interviews, if necessary Award of Contract Proposals should be prepared simply and economically, providing a straightforward, concise description of Proposer's capabilities to satisfy the requirements of the RFP. Proposals shall be submitted with the original Proposal signed in ink by an official City of Albany, Albany Police Department (RFP No. 20056-13) Page 26 of 58 Woodburn Professional Services Agreement with Redflex Red Light Photo Enforcement Program authorized to represent and bind the proposing firm and shall be marked "Original." 3.10 INTERGOVERNMENTAL COOPERATIVE PURCHASING. Pursuant to Oregon Revised Statute 279A.215, other governmental agencies, public bodies or districts ("Participating Agencies") may participate in the award resulting from this solicitation as if said agencies had generated this solicitation and made this award on their own behalf. The Contractor shall have the option of declining participation in any such agreement; that is, Contractor participation in work or sales resulting from use of this solicitation shall be voluntary. If the Contractor chooses to participate in such agreements, all agency relationships including those for contract administration, ordering, deliveries, approvals, billing, and collections shall be between the Participating Agency and the Contractor. The originating agency, City of Albany, except for this enabling agreement, shall not participate in any aspects of commercial activity between the Contractor and the Participating Agency. If the Contractor agrees to participate, all such participation shall be on the basis of this solicitation and the resulting award except that reasonable changes in pricing and terms may be negotiated directly between the Participating Agency and the Contractor to accommodate differences in delivery distances and local conditions. All such changes shall be solely between the Contractor and the Participating Agency. No material changes can be made in the terms, conditions, or prices. 3.11 PROTEST OF SOLICITATION DOCUMENT AND THE PROCUREMENT PROCESS. A prospective Proposer may protest the procurement process or the solicitation document for a contract. A prospective Proposer must deliver a written protest to the Purchasing Coordinator no later than 5:00 p.m. PDT, June 12, 2006. A prospective Proposer's written protest shall include a statement of the desired changes to the procurement process or the solicitation document that the prospective Proposer believes will remedy the conditions upon which the prospective Proposer based its protest. 3.12 CONTRACT ADMINISTRATOR. The City of Albany's Contract Administrator for the services required within this RFP will be Patrick Hurley, Albany Police Department. 3.13 WITHDRAWAL OF PROPOSAL. A Proposer may withdraw its proposal, by written notice submitted on the Proposer's letterhead, signed by the Proposer's authorized representative, and delivered to the Purchasing Coordinator. To be effective, the withdrawal must be received prior to closing. The Proposer or Proposer's authorized representative may withdraw their proposal by appearing in person before the Purchasing Coordinator prior to closing, with presentation of appropriate identification and evidence of authority to make the withdrawal satisfactory to the Purchasing Coordinator. The Proposer shall mark a written request to withdraw its proposal as follows: "Proposal Withdrawal -RFP #20056-13". 3.14 RIGHTS OF CITY TO AWARD OR REJECT PROPOSALS. The RFP does not commit the City to award an agreement for the services specified City of Albany, Albany Police Department (RFP No. 20056-13) Page 27 of 58 Woodburn Professional Services Agreement with Redflex Red Light Photo Enforcement Program within the RFP document. The City reserves the right, in its sole discretion, to: • Accept or reject any or all proposals or any portion thereof received as a result of this RFP; • Negotiate with any qualified Proposer; • Accept a proposal and subsequent offers for agreement from other than the highest financial reimbursement proposed; • Waive any irregularities in proposals received, after prior notifications to the Proposer; and • Request clarification of any portion of the submitted proposal. In determining the most responsible Proposer, the City reserves the right to take into consideration any or all information supplied by the Proposer in the proposal and the City's investigation into the experience and responsibility of the Proposer. In addition, the City may, in its sole discretion, choose to accept or reject proposals based on minor variations from the stated specifications when such action is deemed by the City to be in the City's best interest. Further, the City reserves the right in its sole discretion to waive informalities in the submitted proposal. Proposers participating in negotiations may be asked to submit additional information, or other revisions to their proposals as may be required. 3.15 ACCEPTANCE OF PROPOSAL CONTENT. Proposals shall be firm for a period extending 180 days from the closing date. Each Proposer may withdraw its proposal, if it has not been accepted within 180 days from the RFP closing date. The written proposal will be evaluated on the completeness and quality of the content as required in the RFP documents. Failure to comply with all minimum requirements described in the RFP may disqualify proposals. Only those proposals supplying complete information, as required by this RFP, will be considered for evaluation. 3.16 PUBLIC RECORDS AND CONFIDENTIALITY OF PROPOSAL. This RFP and one copy of each original response received, together with copies of all documents pertaining to the selection of the successful Proposer and execution of an agreement, shall be kept for the City by the Administrative Services Department as a permanent record file. A. Public Records. By submitting a Proposal, the Proposer acknowledges that information submitted in response to this RFP is open to public inspection under the Oregon Public Records Law, ORS 192.410 through 192.505. The Proposer is responsible for becoming familiar with and understanding the provisions of the Public Records Law. B. Confidential Records. The Proposer may identify information submitted to the City as confidential. Prior to submitting such information to the City, the Proposer shall prominently mark in conspicuous lettering any information with the words "Confidential Information" and state in writing that the Proposer City of Albany, Albany Police Department (RFP No. 20056-13) Page 28 of 58 Woodburn Professional Services Agreement with Redflex Red Light Photo Enforcement Program wishes the material to be held in confidence and the reasons therefore. The City may treat any information so marked as confidential and not subject to public disclosure to the extent permitted by law, ORS 192.501 - 192.502. 3.17 DISCLAIMER OF WARRANTY AND COSTS. Neither the City, nor its officers, agents, nor employees are liable for any cost incurred by Proposers) prior to issuance of an agreement or Notice to Proceed. All prospective Proposers) who participate in the RFP process or respond to a City RFP do so solely at the Proposer's cost and expense. 3.18 ADDITIONAL INFORMATION. The City reserves the right to request additional information following their initial review of the proposal documents. The City staff may conduct a review and verification of confidential information with staff and consultants. 3.19 RIGHT TO MODIFY PROCESS. The City reserves the right to modify the selection process or other aspects of this RFP process at its sole discretion. The Purchasing Coordinator will take reasonable steps to insure that any modification or clarification to the RFP shall be distributed in writing to all persons who are known to the City as Interested Proposers of the RFP and posted on the City's Web site. 3.20 INFORMAL PROPOSALS. Proposals which are incomplete or which are conditioned in any way, or which contain erasures or alterations may be rejected as informal. 3.21 ACCEPT OR REJECT PROPOSALS. The City reserves the right to accept or reject any or all proposals in response to this RFP without cause, or to delay or cancel this RFP process without liability to the City if City determines it is in the public interest to do so. 3.22 NOTIFICATION OF INTENT TO AWARD. All responsive and evaluated respondents to this RFP will be notified of the Selection Committee's recommendation and the City's intent to award an agreement not less than ten (10) days prior to award of agreement. The notice of intent to award an agreement wilt be directed to the person who has signed the proposal on behalf of the Proposer. 3.23 AWARD. If an agreement is awarded as a result of this RFP, it will be awarded to the Proposer who presents the best overall proposal considering the evaluation criteria described in the RFP. 3.24 PROTEST OF INTENT TO AWARD. City of Albany, Albany Police Department (RFP No. 20056-13) Page 29 of 58 Woodburn Professional Services Agreement with Redflex Red Light Photo Enforcement Program A Proposer may protest the award of a Contract or the intent to award such a Contract, whichever occurs first, if the following conditions are satisfied: (1) The Proposer must be adversely affected because the Proposer would be eligible to be awarded the contract in the event the protest is successful; (2) The reason for the protest is that all the lower bids or higher ranked proposals are non-responsive, the City has failed to conduct the evaluation of Proposals in accordance with the criteria or processes described in the Solicitation Document, the City has abused its discretion in rejecting the protestor's bid as non-responsive, or the City's evaluation of the proposals or the subsequent determination of Award is otherwise in violation of ORS 279B.410. The Proposer must deliver the written protest to the Purchasing Coordinator within seven days after issuance of Notice of Intent to Award. A Proposer's written protest shall specify the grounds for protest. The City shall not consider a Proposer's contract award protest submitted after the above time line. 3.25 CONTRACT AGREEMENT. An agreement example is included in the RFP documents as Appendix A. If an agreement is awarded, it will closely approximate this document and will include "supporting documents." The "supporting documents" will include, but not limited to, the RFP document, the Proposer's written proposal, any required certificate, and all other documents incorporated by reference therein. Additional terms and conditions for this project will be negotiated and added to the sample agreement. Proposers are encouraged to review the document with their legal counsel, insurance agent/broker, and contracts administrators and comment on any areas of concern. A Proposer may not condition its Proposal on execution of any Agreement it submits. Any such condition may result in rejection of the Proposal. 3.26 NOTICE TO PROCEED. It is the City's practice to allow the successful Proposer ten (10) calendar days to execute the agreement and return it to the City. Work under the agreement may not begin until the "Notice to Proceed" has been issued. The City will issue the Notice to Proceed after execution of the Agreement. The Notice to Proceed will state the date work under the agreement shall begin. 3.27 EXECUTION OF THE PROPOSAL. The proposal shall be executed in the name of the Proposer followed by the signature of the principal party who is authorized to bind the Proposer in contractual matters. If the proposal is made by a partnership, it shall be executed in the name of the partnership followed by the signature of an authorized partner. If the proposal is made by a Limited Liability Company (LLC), it shall be executed in the name of the LLC followed by the signature of the authorized member(s) or manager(s) authorized to sign for the LLC and the printed or typewritten designation of the office held in the LLC. City of Albany, Albany Police Department (RFP No. 20056-13) Page 30 of 58 Woodburn Professional Services Agreement with Redflex Red Light Photo Enforcement Program If the proposal is made by a corporation, it shall be executed in the name of the corporation followed by the signature of the officer authorized to sign for the corporation and the printed or typewritten designation of the office they hold in the corporation. If the proposal is made by a joint venture, it shall be executed by each participant of the joint venture. 3.28 DISCRIMINATION IN SUBCONTRACTING PROHIBITED. Proposers may not discriminate in the award of a subcontract because the subcontractor is a minority, women, or emerging small business enterprise (MWESB) certified under ORS 200.055. 3.29 PROPER INVESTIGATIONS. Before submitting a proposal, each Proposer shall make all investigations and examinations necessary to ascertain all conditions and requirements affecting the full performance of the agreement and to verify any representations made by the City upon which the Proposer will rely. If the Proposer receives an award as a result of its proposal submission, failure to have made such investigations and examinations will in no way relieve the Proposer from its obligation to comply in every detail with all provisions and requirements of the agreement documents, nor will a plea of ignorance of such conditions and requirements be accepted as a basis of any claim whatsoever by the Proposer for additional compensation. 3.30 COLLUSION AMONG PROPOSERS PROHIBITED Each Proposer, by submitting a proposal, certifies that it is not a party to any collusive action or any action that may be in violation of the Sherman Antitrust Act. Any or all proposals shall be rejected if there is any reason for believing that collusion exists among the proposers. The City may or may not, at its discretion, accept future proposals for the same work from participants in such collusion. More than one proposal from an individual, firm, partnership, corporation, or association under the same or different names may be rejected. Reasonable grounds for believing that a Proposer has interest in more than one proposal for the work being proposed may result in rejection of all proposals in which the proposal is believed to have interest. 3.31 STATEMENT OF TIME. A period of time, unless stated as a number of City business days, shall include Saturdays, Sundays, and holidays. The word "day" as used in this RFP document, and any resulting contract awarded as a result of this process, shall constitute a calendar day of 24 hours measured from midnight to the next midnight. 3.32 RIGHT TO AUDIT. The successful Proposer shall maintain financial records and other records as maybe prescribed by the City or by applicable federal and state laws, rules, and regulations. The successful Proposer shall retain these records for a period of five (5) years after final City of Albany, Albany Police Department (RFP No. 20056-13) Page 31 of 58 Woodburn Professional Services Agreement with Redflex Red Light Photo Enforcement Program payment, or until they are audited by the City, whichever event occurs first. These records shall be made available during the term of the contract and the subsequent five-year period for examination, transcription, and audit by the City, its designees, or other authorized bodies. City of Albany, Albany Police Department (RFP No. 20056-13) Page 32 of 58 Woodburn Professional Services Agreement with Redflex Red Light Photo Enforcement Program 3.33 RECIPROCAL PREFERENCE LAW. Oregon's reciprocal preference law, ORS 279A.120, requires public contracting agencies, in determining the lowest responsible Proposer, to add a percent increase to each out-of- state Proposer's proposal price which is equal to the percent given to local proposers in the Proposer's home state. That is, if the low Proposer is from a state that grants a 10 percent preference to its own in-state proposers, the Oregon agency must add 10 percent to that Proposer's price when evaluating the proposal. For additional details, check Oregon's Reciprocal Preference Law Web site at: Http://egov.oregon.qov/DAS/PFSS/SPO/reciprocal shtml SECTION 4: GENERAL QUALIFICATIONS, SCOPE OF SERVICES AND REQUIREMENTS OF SUCCESSFUL PROPOSER 4.1 GENERAL SYSTEM REQUIREMENTS 4.1.1 MINIMUM REQUIREMENTS Vendor must provide all equipment, software, support and provide installation of photo capturing equipment including required permits, either through use of video detection or inductive loops, at no cost to the City. 2. Vendor must propose and supply a product line that, to the knowledge of the vendor, is not obsolete or near obsolete, i.e. expected to be obsolete through the introduction of a new product within the duration of the contract. 3 Should equipment of technological upgrades become available during the course of the contract the vendor must offer the City of Albany the opportunity to upgrade their equipment at no charge to the City. 4. Only equipment or production models that have been satisfactorily demonstrated to the City of Albany, or that have demonstrated a record of successful deployment by other law enforcement agencies will be used. 5. The photo red light equipment supplied must be of new manufacture and best quality and installed in accordance with approved recommendations of the manufacturer thereof, and must conform to the equipment specifications listed in this proposal. 6. The photo red light equipment must meet all applicable Federal standards and specifications and be of a type approved for licensing and use in the City of Albany. 7. The photo red light equipment must meet all applicable Oregon Department of Transportation (ODOT) standards and perform its City of Albany, Albany Police Department (RFP No. 20056-13) Page 33 of 58 Woodburn Professional Services Agreement with Redflex Red Light Photo Enforcement Program functions in accordance with ODOT red light running guidelines. 8. Vendor must obtain a permit, at vendor's expense, from ODOT to operate photo red light equipment at ODOT controlled intersections prior to contract execution. 9. The photo red light equipment must be able to integrate with existing City of Albany infrastructure. 10. The photo red light equipment and controllers must be separate from City of Albany controllers and can not interfere with the City's ability to control the traffic signal. 11. The equipment must be capable of executing its functions so that it performs according to, and fulfills the requirements of the City of Albany. 12. The photo red light equipment must be capable of deployment at a wide range of sites and function properly under the following operating conditions: heavy traffic volumes, adverse weather and temperature conditions, and road surface configurations. 13. The photo red light equipment must possess the ability to provide photo enforcement on multiple lanes simultaneously, including multiple left turn lanes and multiple right turn lanes. 14. Vendor must provide an engineered study of proposed intersections at no cost to the City in order to assist the City with final site selection for red light cameras. PHOTOGRAPHIC REQUIREMENTS 15. The red light cameras must be capable of producing clear images that contain the following data: a. Display the rear license plate of the vehicle. b. Display the drivers face. c. Scene of location where violation occurred. d. Position of vehicles before and during the violation. e. The day, month, and year of the violation. f. The time (24 hour clock) of the violation in hours, minutes, and seconds. g. Speed limit at the location of the violation. h. Speed of the violator vehicle in miles per hour. i. Location of the violation. j. Length of amber cycle to .01 seconds. k. Length of red cycle when violation occurs to .01 seconds. I. Video clip of the violation. City of Albany, Albany Police Department (RFP No. 20056-13) Page 34 of 58 Woodburn Professional Services Agreement with Redflex Red Light Photo Enforcement Program DIGITAL IMAGES AND PROCESSING SERVICES 16. Vendor must provide a digital image based system which includes video recording of violations. 17. Vendor must provide the City and/or the courts with digital images and video of violations upon request. 18. Vendor will use the license plate number from the digital images to identify the vehicle's registered owner from the Oregon Department of Transportation, Driver and Motor Vehicle's Division (DMV) records. 19. Vendor must provide gender and age matching of the driver and registered owner of violator vehicle. 20. Vendor must prepare citations and notices for all violations where gender and age match are successful with the registered owner of the violator vehicle. 21. Vendor must submit all completed citations to the City's designated police representative for review. Once approval is made by the police and a police officer's electronic signature is made, vendor must mail letters and citations to the identified vehicle owners within ten (10) business days of the violation. Warning letters only will be issued for the first thirty (30) days of deployment. 22. Vendor must provide the City a means of changing the designated court in the event of a conflict of interest with the City's court. 23. Vendor must maintain atoll-free telephone number with adequate staff to handle questions from the public. Minimum hours of operation must be 8:00 a.m. to 5:00 p.m. Pacific Standard Time, Monday through Friday. 24. Vendor must provide a secure Web site that violators may access to view their violation video. 25. Vendor will be required to demonstrate, prior to commencement of the contract, that it has access to the current motor vehicle database that is maintained by the Oregon DMV. Access must be maintained for the life of the contract. 26. Vendor will be required to demonstrate, prior to commencement of the contract, that it has access to the current motor vehicle database for the states of Washington, California, and Idaho. Access must be maintained for the life of the contract. 27. Vendor must work with the City to develop acceptable warning, explanatory, and other letters or correspondence for the project. City of Albany, Albany Police Department (RFP No. 20056-13) Page 35 of 58 Woodburn Professional Services Agreement with Redflex Red Light Photo Enforcement Program 28. Vendor must work with the City and Municipal Court to develop an acceptable citation form. Vendor will update the form at no cost to the City if Oregon changes its citation requirements. 29. Vendor must confirm certificate of innocence forms with images to determine whether owners are honestly responding to the citations. 30. Vendor must work directly with the Police Department's and Municipal Court's Records Management System (RMS) and to fully automate violator data from completed citations into the Police Department's and Municipal Court's existing RMS system which is using DB2 on OS400 and provide the Municipal Court a hardcopy of the citation in a format acceptable to the Municipal Court. 31. Any custom coding written by Vendor for data automation into the Police Department's and Municipal Court's RMS must be in one of the following programming languages: SQL, .NET, C++, or Visual Basic. 32. Vendor will incur any costs and any maintenance fees associated with changes in the Department's and Municipal Court's RMS system to allow for full automation of data. 33. Vendor must provide a system for City of Albany Information Technology (IT) to access and read any custom coding written to interface violator information into the Police Department's and Municipal Court's RMS in the event the Vendor goes out of business during the contract period. 34. Vendor must grant Internet access, through secure Web site, to City Public Works Department for purposes of viewing and or monitoring intersections equipped with the photo red light systems. U SAG E 35. Vendor must be able to monitor up to eight (8) intersections. Maximum number of intersections monitored simultaneously may be eight (8) per Oregon Revised Statutes (ORS). 36. There will be no minimum number or quota of violations to be generated through the use of the photo red light equipment. 37. The photo red light system and equipment will be dedicated for use by the City of Albany and will not be made available to other governmental entities. DOCUMENTS AND MANUALS 38. Vendor must provide the City with all relevant specifications, manuals, and materials relating to the capabilities and operation of all the City of Albany, Albany Police Department (RFP No. 20056-13) Page 36 of 58 Woodburn Professional Services Agreement with Redflex Red Light Photo Enforcement Program equipment and any updates at no additional cost. WARRANTY AND MAINTENANCE 39. Vendor must warranty and maintain all equipment, at vendor's expense, provided to the City of Albany throughout the duration of the contract. RECORDS 40. Vendor must maintain and provide supporting records of violations to the City and Municipal Court. 41. Vendor must monitor and track citations through City of Albany Municipal Court system. 42. Vendor must maintain a proper chain of custody that meets the needs of the City and the Court. 43. Vendor must destroy all digital images, videos, and other evidence within sixty (60) days when a citation is not issued. 44. Vendor must provide an audit trail of all voided and destroyed digital images, videos, and other evidence. STATISTICAL ANALYSIS AND REPORTS 45. The photo red light system must incorporate a statistical computer capable of computing and analyzing time, date, speed, number of vehicles, weather, and other data required for automated citation generation and traffic analysis. Data must include: a. Hours of use per camera by operational site. b. Violations recorded by each site. c. Completed citations by each site. 46. Vendor must provide the City of Albany with a monthly report within ten (10) days following the end of the month. 47. The monthly report shall at a minimum indicate the following: a. The total number of citations issued. b. The total number of citations issued per intersection monitored. c. The total number of violations detected. d. The total number of violations detected per intersection monitored. e. The total number of violations detected where a citation was not issued and reasons for rejection. f. The total number and percentage of violations, delineated by speed and location. City of Albany, Albany Police Department (RFP No. 20056-13) Page 37 of 58 Woodburn Professional Services Agreement with Redflex Red Light Photo Enforcement Program g. The total number and percentage of violations that result in disposition other than fine paid or bail forfeited, delineated by type of disposition. h. The total number and percentage of violations prosecuted and results of the prosecution. i. Hours of use per location monitored. j. The total number of images, video, and other evidence destroyed after 60 days. ARCHIVING AND STORAGE 48. Vendor will be responsible for storage and archiving digital images and video in accordance to the State Agency General Retention Schedule in Chapter 166 of the Oregon Administrative Rules (OAR). 49. Retrieval of archived information must be available within eight working hours of a request for retrieval. BILLING 50. Vendor must coordinate with the City Administrative Services Department and Municipal Court to set up a billing and accounting procedure acceptable to City. 51. Should the vendor propose acitation-based fee, the City will only be billed for those citations that result in money being collected by the Municipal Court. SYSTEM MAINTENANCE 52. Vendor must provide maintenance on the photo red light equipment at vendor's expense. 53. In order to achieve reasonable reliability and availability, the vendor must provide a preventative maintenance program. Maintenance should occur at scheduled intervals and in off-hours so as not to interfere with usage of the photo red light equipment. Maintenance should include the running of diagnostics to ensure the early identification of any component failure. 54. Vendor must provide a mechanism and procedure for backing up all data files. 55. Vendor must provide security precautions against unauthorized use and accidental destruction or modification of data as a result of human intervention or other disasters such as power failures. TRAINING REQUIREMENTS City of Albany, Albany Police Department (RFP No. 20056-13) Page 38 of 58 Woodburn Professional Services Agreement with Redflex Red Light Photo Enforcement Program 56. Vendor must provide training to photo red light operators and other relevant staff including, but not limited to, Police Officers, City and Court staff, and judges. The vendor must provide technical instruction on equipment use and operation. Such training must be an appropriate blend of classroom instruction and "hands on" practical training with the equipment to be used during the life of the contract. Course content must include the theory of the device, the technical knowledge required for court purposes, and photography principles. 57. Vendor must supply all technical training materials and handouts in sufficient quantities to cover the training of all identified staff/persons. 58. Vendor must provide the City with the license to duplicate training materials if necessary. 59. Vendor must provide update and refresher training at the request of the City. 60. Vendor must provide the training in the City of Albany. COURT CHALLENGES 61. Vendor must provide on demand a technically qualified witness to provide expert testimony in Court with respect to photo red light technology including how it is set-up and operated in the city of Albany. All expenses including travel shall be the responsibility of the vendor. COMMUNICATIONS AND PUBLIC RELATIONS STRATEGY 62. Vendor must be available to act as a resource during certain events planned as part of the photo red light communications and public relations strategy. This includes, but is not limited to, equipment demonstrations as part of community presentations. 63. Vendor must provide the City of Albany with public information materials. These materials should include, but are not limited to, brochures describing the photo red light program, how red light cameras operate, and the benefits provided by the use of photo red light cameras. PUBLIC HEARING PRIOR TO CONTRACT 64. Vendor must provide a presentation of their product to the Albany City Council as part of a public hearing prior to the award of any contract agreement. INDEPENDENT YEARLY AUDIT 65. Vendor must provide to the Albany City Council an annual report, City of Albany, Albany Police Department (RFP No. 20056-13) Page 39 of 58 Woodburn Professional Services Agreement with Redflex Red Light Photo Enforcement Program prepared by an independent auditor at the Vendor's expense, representing the vendor's compliance with the contract and analysis of the accuracy of billing statements regarding the City of Albany's red light photo enforcement program. City of Albany, Albany Police Department (RFP No. 20056-13) Page 40 of 58 Woodburn Professional Services Agreement with Redflex Red Light Photo Enforcement Program SECTION 5: SELECTION PROCESS AND EVALUATION 5.1 SELECTION COMMITTEE. A Selection Committee will review and evaluate proposals based on the criteria outlined in Section 5.3. Members of the City's Legal and Administrative Services departments may provide technical assistance to the committee as needed. The City may also seek expert advice to help review proposals. Such advisors to the Selection Committee may attend evaluation meetings, Proposer presentations, and lend any such expertise to the process as requested by the Selection Committee. However, any such person that is contacted by the City for their expert advice shall not, from first being contacted until the RFP process is completed, or otherwise brought to an end, have communications with any Proposers regarding their proposals or the process and shall have no role in the evaluation and selection of the successful Proposer other than an advisory role to the Selection Committee. The Selection Committee will report to the City's Police Chief the best proposal in accordance with the evaluation criteria described below. The City's Police Chief will review the Committee's report and recommend to the City Manager the best proposal for award, pending Council Approval. 5.2 SUBMITTAL REQUIREMENTS (PHASE 1). The proposal shall include, as a minimum, the following items: A. Proposal Format. Proposals must be comprised of the following information. Proposals must adhere to the following format or shall be found non-responsive. B. Components of Proposal: Letter of Interest: The letter shall stipulate that the Proposer accepts all terms and conditions of the RFP. The letter shall name the person(s) authorized to represent the Proposer in any negotiations and the name of the person(s) authorized to sign any contract that may result. A legal representative of the Proposer, authorized to bind the firm in contractual matters, must sign the Letter of Interest. 2. Project Team Capabilities: The proposal shall indicate how well the team's qualifications and experience relate to this specific project. A project manager for the Proposer must be specified as well as all subcontractors, if any, to be utilized by the Proposer. A contact person shall be identified for each subcontractor. This section shall also include: a. Approximate number of people to be assigned to the project. b. Extent of principal involvement. c. Names of key members who will be performing the work on this project and their responsibilities. d. Team qualifications and experience on similar or related projects. e. Resources available to perform the work for the duration of the project, including repairs. City of Albany, Albany Police Department (RFP No. 20056-13) Page 41 of 58 Woodburn Professional Services Agreement with Redflex Red Light Photo Enforcement Program f. Proposer's internal procedures and/or policies to assure work quality, accuracy, and timely customer service. 3. Project Understanding and Approach: This relates to the understanding of the project and the approach needed to successfully implement this project. This section should provide a clear and concise understanding of the project based upon existing information provided in No. 4, Project Description, below. 4. Project Description. For each item, the proposal must: a. Describe the tasks, activities and the approach used to accomplish the item and the key members assigned to each task. b. Describe the products that would result from each task or activity. c. Estimate the time needed for each phase of work. In addition to the above, the proposal shall address the following: a. Provide all information necessary to show how Proposer meets the minimum requirements for equipment and services. b. Identify the hours of labor the City of Albany personnel, on an individual or collective basis, will be expected to devote to the operation of the system and perform its designated functions. c. Provide descriptive information on the major photo red light system components, equipment, facilities, and services, and how they will function together to meet the minimum requirements of the RFP, Section 4. d. Explain the procedure for determining and repairing equipment malfunctions. e. Provide information on the percentage and types of errors experienced by the Proposer resulting from its image and citation processing services. f. Provide details on how the Proposer will destroy images and video or other images when citations are dismissed or not issued. g. Describe your ability and strength in providing image and citation processing services from the time the images are captured until the citation is in the mail. h. Suggest alternatives the City of Albany might use to evaluate the program in assessing its success in improving traffic safety, and the programs' cost effectiveness. i. Provide an outline of a proposed public education program including medium to be used, products developed, and the frequency and timing of the program. j. Provide a maintenance plan that includes addressing traffic control during in-traffic repairs. 5. Proposed Costs and Committed Time: Pricing should be proposed on both a per month fee basis and per citation fine received basis, and should cover processing, administration, field City of Albany, Albany Police Department (RFP No. 20056-13) Page 42 of 58 Woodburn Professional Services Agreement with Redflex Red Light Photo Enforcement Program technical work and lease of equipment. Cost proposals must demonstrate that the City will not be billed for any costs other than stated above. Proposal shall include what services will be provided by the Proposer for field technical and processing storage archiving and retrieval of images and citation information. Explain how increasing the number of intersections covered will be compensated. 6. Supportive Information: Supporting materials must include at least three (3) references, and may include other pertinent information. The Proposer must document successful deployments, the references must include the contact person's name, agency, address, phone number, their role in the project, and when the work was completed. Financial stability of the Proposer will be evaluated in this category. The Proposer will state whether any of the following events have occurred in the last five (5) years with respect to said Proposer (as its current entity or as a predecessor entity). If any answer is yes, explain fully the following: • Whether Proposer was the subject of any order, judgment or decree. • Whether Proposer's business was the subject of any civil or criminal proceeding in which there was a final adjudication adverse to the Proposer. • Whether a petition under bankruptcy, insolvency, or receivership was filed by or against the Proposer within the last five (5) years. • Whether the Proposer has: o Supported a program where services were terminated. o Supported a program where services were temporarily discontinued that directly arose from activities conducted by the Proposer. o Supported a program that required substantial fine refunds which directly arose from program related activities. Failure by the Vendor to provide required disclosure, submit officially signed documents, or respond to any and all information requested/required by the City may be considered non-responsive. 5.3 EVALUATION CRITERIA. Up to three (3) proposals from Phase I of the scoring and evaluation process may proceed to Phase II. In Phase II, Proposers may be asked to provide an equipment demonstration and interview with the Selection Committee, followed by question and answer period. Proposers may not submit or amend any portion of their original response to the RFP, but may clarify information submitted. If equipment demonstrations and interviews are conducted, these will be conducted at a place and time to be determined by the City. However, the City reserves the right to evaluate the proposals in Phase II based solely on the written proposals. Arrangements for the interviews and City of Albany, Albany Police Department (RFP No. 20056-13) Page 43 of 58 Woodburn Professional Services Agreement with Redflex Red Light Photo Enforcement Program demonstrations will be made at least six (6) calendar days prior to the interview date. The invited Proposers must bring their project team members and all necessary photo red light equipment to the interview for demonstration, and be able to respond to questions relating to its proposal. The interview and demonstrations will be evaluated to ensure conformance to the RFP requirements and responses. The Proposer evidencing the highest conformance and responsiveness will be awarded the contract, pending City Council authorization. During the evaluation process, the City of Albany has the right to require any clarification or change it needs to understand the Proposer's approach to the project and view of the scope of the work. Any changes to the proposal will be made before executing the contract and will become part of the final agreement. The City of Albany will award a contract, pending City Council approval, to the Proposer whose proposal would be most advantageous to the City. In making this decision, emphasis will be placed upon reliability, compatibility (with existing facilities, staff, and procedures), and overall cost effectiveness. Each proposal shall be limited in length and judged as a demonstration of the Proposer's capabilities and understanding of the project. Evaluation criteria and maximum points will be as follows: Phase I Criteria 1. Letter of Interest 2. Project Team Capabilities 3. Project Understanding and Approach 4. Project Description 5. Proposed Costs and Committed Time 6. Supportive Information Totals Total Maximum Score N/A 20 40 50 35 5 150 Points Phase II Criteria Equipment Demonstration Interviews Total Maximum Score 40 60 100 Points Upon completing the Phase II evaluation, points from Phase I and Phase II will be combined to achieve an overall proposal score for the top proposers. The Selection Committee will report to the City's Police Chief the names of the proposers submitting the best proposals. City of Albany, Albany Police Department (RFP No. 20056-13) Page 44 of 58 Woodburn Professional Services Agreement with Redflex Red Light Photo Enforcement Program ATTACHMENT A ALBANY PROFESSIONAL SERVICES AGREEMENT STANDARD TERMS AND CONDITIONS FOR AN AGREEMENT TO FURNISH RED LIGHT PHOTO ENFORCEMENT SERVICES TO THE CITY OF ALBANY, OREGON ARTICLE I: SCOPE For consideration set forth in Article V, the firm of hereinafter referred to as VENDOR, agrees to provide red light photo enforcement services to the City of Albany, Oregon, a municipal corporation, hereinafter referred to as CITY, for the services described in the agreement that incorporates these Standard Terms and Conditions and as shown in ATTACHMENT A. Unless modified in writing as set forth in Article II by the parties hereto, the duties of VENDOR and CITY shall not be construed to exceed those services and duties specifically set forth in the agreement. A. Agreement Term. This Agreement shall commence on the contract execution, and continue until June 30, 2009 (end of the City fiscal year), and upon renewal (see renewal clause) shall continue for each additional consecutive fiscal year until canceled or expiration of the Agreement term. B. Renewal. If the City determines that it is in the City's best interest, the City may elect to extend the contract for seven (7) additional one (1) year periods at the end of each fiscal year, July 1 through June 30, subject to the following conditions: a. The Agreement will not be extended if the VENDOR'S services have been determined by the Contract Administrator, in the Administrator's sole discretion, to be unsatisfactory in any respect. b. If the Agreement is extended, the annual financial reimbursement to the City will remain firm for the additional period; adjusted only for any escalation/de- escalation allowed under the terms of the agreement. c. The VENDOR must agree, in writing, to extend the Agreement after a minimum thirty (30) calendar days notice by the City prior to the expiration of the Agreement. C. Escalation/De-Escalation Agreement a. Prices shall remain firm throughout the initial agreement term except in the case of price decreases. Price decreases will be allowed the first of the month following receipt of communication, or the effective date, whichever is later. b. Price increases will be considered at the time of contract renewal. VENDOR must submit a written request with documentation justifying any price increase at least 45 calendar days prior to contract renewal to the Contract Administrator. Acceptable documentation shall include, but not limited to, provider's or manufacturer's published price list, discount schedule, or other City of Albany, Albany Police Department (RFP No. 20056-13) Page 45 of 58 Woodburn Professional Services Agreement with Redflex Red Light Photo Enforcement Program basis of change in manufacturer pricing structure, invoices, journal or market reports, consumer price index, or other information deemed acceptable by the City. Proposed price increases shall not exceed the consumer price index for this Region -Portland, as of December of the prior year. VENDOR will provide all documentation for verification purposes. c. The City shall have the option of accepting the price increase or allowing the contract to expire (non-renewal) and the project rebid. The City reserves the right to audit the records of the VENDOR when requesting price increases to the extent that such records relate to cost or pricing data. ARTICLE II: MODIFICATIONS CITY or VENDOR shall not make modifications in the attached agreement or these Standard Terms and Conditions except in writing as an amendment to the agreement. Said modifications shall be agreed to by both parties, with scope of work, schedule, and compensation to be negotiated at the time the modification is proposed by either party. Modifications which do not meet these requirements shall not be binding, and no further compensation will be allowed for any work performed. ARTICLE III: RESPONSIBILITIES OF THE VENDOR A. Notice to Proceed. VENDOR will not begin work on any of the duties and services listed in Article I until CITY directs in writing to proceed. Authorization to proceed on additional services not defined in Article I shall be in the form of an amendment as defined in Article II. B. Level of Competence. VENDOR is employed to render professional services and shall be responsible, to the level of competence presently maintained by other practicing professional consulting firms in good standing and engaged in the same type of professional personal services, for the professional and technical adequacy and accuracy of specifications, documents, applications, and other work products furnished under this agreement. C. Cost Estimates. Cost estimates to be prepared under this agreement are to be based upon presently available data. In preparation of these cost estimates, VENDOR will apply its experience and judgment. D. Document Preparation. CITY will prepare and furnish all contract documents necessary for completion of the duties listed in Article I. E. Access to Records. VENDOR agrees to preserve and maintain for at least three (3) years after final payment under this contract, any directly pertinent books, documents, papers, and records generated by or provided to VENDOR in the course of the performance of their duties under the terms of this contract. VENDOR further agrees that CITY, or any of its duly authorized representatives, shall, during said period, have access to and the right to audit, examine, and reproduce such records and further agrees to include the above provision in all subcontracts. City of Albany, Albany Police Department (RFP No. 20056-13) Page 46 of 58 Woodburn Professional Services Agreement with Redflex Red Light Photo Enforcement Program F. Ownership of Documents. Upon completion of this agreement, all design, contract, and proposal documents, all digital files including computer disks, and all software developed during the course of this project shall become the property of CITY. CITY will exercise discretion in any re-use of said documents and agrees to hold harmless VENDOR for any application of documents for any purpose other than the originally intended use. G. Intellectual Property Rights. If the successful Proposer creates work pursuant to these documents that results in a copyright, patent, or any other protected intellectual property right, the City shall obtain aroyalty-free, nonexclusive, and irrevocable right and license to reproduce, publish, or otherwise use, and to authorize others to use the work, or any part thereof, developed. H. State or Federal Requirements. VENDOR covenants and agrees to comply with all of the obligations and conditions applicable to public contracts pursuant to ORS 279 Chapters A and B, as though each obligation or condition were set forth fully herein. VENDOR, its subconsultants, if any, and all employers working under this agreement are subject employers under the Oregon Workers' Compensation Law and shall comply with ORS 656.017, which requires them to provide workers' compensation coverage for all their subject workers. ARTICLE IV: RESPONSIBILITIES OF THE CITY A. Authorization to Proceed. CITY shall authorize VENDOR in writing to proceed prior to VENDOR starting work on any of the services listed in Article I. B. Access to Records, Facilities and Property. CITY shall comply with reasonable requests from VENDOR for inspection or access to CITY'S records, facilities, and properties. C. Timely Review. CITY shall examine all studies, reports, sketches, drawings, specifications, proposals, and other documents presented by VENDOR, obtain advice of an attorney, insurance counselor, accountant, auditor, and other consultants as CITY deems appropriate for such examination and render in writing decisions pertaining thereto in a timely manner so as not to unreasonably delay the services of VENDOR. ARTICLE V: COMPENSATION CITY agrees to pay for the services in Article I in accordance with the compensation provisions in this agreement. Payment will be made within 30 days after the receipt of billing for each service rendered during the month. If payment is not made within 30 days, interest on the unpaid balance will accrue beginning on the 31st day at the rate of one percent (1 %) per month or the maximum interest rate permitted by law, whichever is less. Such interest is due and payable when the overdue payment is made, unless delay in payment is due to a contested billing. CITY has the right to appeal or ask for clarification on any VENDOR billing within 30 days of receipt of billing. Until said appeal is resolved or clarification is accepted, no interest will accrue on that portion of the billing. In the event of a contested City of Albany, Albany Police Department (RFP No. 20056-13) Page 47 of 58 Woodburn Professional Services Agreement with Redflex Red Light Photo Enforcement Program billing, only that portion so contested shall be withheld, and the undisputed portion shall be paid in accordance with this Article V. ARTICLE VI: INDEMNIFICATION VENDOR agrees to indemnify, defend, and hold harmless CITY, its agents, officers and employees, from and against any and all liability, claims, suits, loss, damages, costs, and expenses arising out of or resulting from the negligent or intentional acts, errors, or omissions of VENDOR, its officers, employees, or agents. ARTICLE VII: INSURANCE During the life of this agreement, VENDOR shall maintain the following minimum insurance: A. Comprehensive general liability insurance, including personal injury liability, blanket contractual liability, and broad form property damage liability. The combined single limit for bodily injury and property damage shall be not less than $1,000,000. B. Automobile bodily injury and property damage liability insurance covering owned, non- owned, rented, and hired vehicles. C. Statutory workers' compensation and employer's liability insurance as required by state law. D. Professional liability insurance in the amount of $1,000,000 ARTICLE VIII: ASSIGNMENT This agreement is to be binding upon the heirs, successors, and assigns of the parties hereto and is not to be assigned by either party without first obtaining the written consent of the other. No assignment of this agreement shall be effective until the assignee assumes in writing the obligations of the assigning party and delivers such written assumption to the other original party to this agreement. Use of subconsultants by VENDOR or subsidiary or affiliate firms of VENDOR for technical or professional services shall not be considered an assignment of a portion of this agreement, and VENDOR shall remain fully responsible for the work performed, whether such performance is by VENDOR or subcontractors. No subcontractors shall be used without the written approval of City. Nothing herein shall be construed to give any rights or benefits hereunder to anyone other than CITY and VENDOR. ARTICLE IX: INTEGRATION These terms and conditions and the agreement to which they are attached represent the entire understanding of CITY and VENDOR as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered herein. The agreement may not be modified or altered except in writing City of Albany, Albany Police Department (RFP No. 20056-13) Page 48 of 58 Woodburn Professional Services Agreement with Redflex Red Light Photo Enforcement Program __ as specified in Article II. ARTICLE X: SUSPENSION OF WORK CITY may suspend, in writing, and without cause, all or a portion of the work under this agreement. VENDOR may request that the work be suspended by notifying CITY, in writing, of circumstances that are interfering with the progress of work. VENDOR may suspend work on the project in the event CITY does not pay invoices when due. The time for completion of the work shall be extended by the number of days work is suspended. In the event that the period of suspension exceeds 90 days, the terms of the agreement are subject to renegotiation and both parties are granted the option to terminate work on the suspended portion of the project, in accordance with Article XI. ARTICLE XI: TERMINATION OF WORK CITY may terminate all or a portion of the work covered by the agreement for its convenience. Either party may terminate work if the other party fails to substantially perform in accordance with the provisions of the agreement. Termination of the agreement is accomplished by 15 days' prior written notice from the party initiating termination to the other. Notice of termination shall be delivered by certified mail with receipt for delivery returned to the sender. In the event of termination, VENDOR shall perform such additional work as is necessary for the orderly filing of documents and closing of the project. The time spent on such additional work shall not exceed 10 percent of the time expended on the terminated portion of the project prior to the effective date of termination. VENDOR shall be compensated for work actually performed prior to the effective date of termination plus the work required for filing and closing as described in this Article. If no notice of termination is given, relationships and obligations created by this agreement shall be terminated upon completion of all applicable requirements of this agreement. ARTICLE XII: FORCE MAJEURE Neither CITY nor VENDOR shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the other or the other's employees and agents. ARTICLE XIII: DISPUTE COSTS In the event either party brings action to enforce the terms of this agreement or to seek damages for its breach, or arising out of any dispute concerning the terms and conditions hereby created, the prevailing party shall be entitled to an award of its reasonable attorney fees, costs, and expenses, incurred therein, including such costs and fees as may be required on appeal. ARTICLE XIV: COOPERATIVE PURCHASING Pursuant to ORS 279A.205 thru 279A.215, other public agencies and members of the Oregon Cooperative Purchasing Program (ORCPP) may use the purchase agreement resulting from this RFP unless Proposer expressly notes in the proposal that the prices City of Albany, Albany Police Department (RFP No. 20056-13) Page 49 of 58 Woodburn Professional Services Agreement with Redflex Red Light Photo Enforcement Program quoted are available to the City only. The condition of such use by other agencies is that any such agency must make and pursue contact, purchase order, delivery arrangements, and all contractual remedies directly with the successful Proposer; the City accepts no responsibility for performance by either the successful Proposer or such other agency using this agreement. With such condition, the City consents to such use by any other public agency. ARTICLE XV: COURT OF JURISDICTION The laws of the State of Oregon shall govern the validity of this agreement, its interpretation and performance, and other claims related to it. Venue for litigation shall be in Linn County, Oregon. VENDOR: Date By By Vendor By Title: Mailing Address: CITY OF ALBANY, OREGON: Date Telephon e: Fax Corporation Tax No. (if incorporated) Social Security No. (if individual) City of Albany, Albany Police Department (RFP No. 20056-13) Ed Boyd, Police Chief Page 50 of 58 Woodburn Professional Services Agreement with Redflex Red Light Photo Enforcement Program ATTACHMENT B: DECLARATION OF INDEPENDENT CONTRACTOR STATUS Corporation DECLARATION OF INDEPENDENT CONTRACTOR STATUS The undersigned, doing business as , employs no person other than corporate officers for the performance of any work, including clerical and administrative tasks. All work to be done for the City of Albany, Oregon will be performed by the corporate officers of the corporation, or by subcontractors who will be required to obtain Workers' Compensation coverage as insured or self-insured employers unless such subcontractors file with the City of Albany a joint declaration, signed by an officer of the corporation as well, affirming their independent contractor status and the fact that they employ no employees subject to the provisions of ORS Chapter 656. is an independent contractor of the City of Albany, and the corporate officers thereof recognize that we are not entitled to and waive all claims under any Workers' Compensation coverage afforded by the City to its employees as an insured or self-insured employer. (Name of Corporation) BY: (Please Print or Type) SIGNATURE: TITLE: DATE: City of Albany, Albany Police Department (RFP No. 20056-13) Page 51 of 58 Woodburn Professional Services Agreement with Redflex Red Light Photo Enforcement Program Partnership DECLARATION OF INDEPENDENT CONTRACTOR STATUS The undersigned, do hereby declare and agree as follows: 1. We are partners doing business as and are the only persons interested as partners or principals in that business. We employ no persons for the performance of any work, including clerical and administrative tasks. 2. All work to be done under contract with the City of Albany, Oregon will be performed by us or by subcontractors who will be required to obtain Workers' Compensation coverage as insured or self-insured employers unless such subcontractors file with the City of Albany a joint declaration, signed by us as well, affirming their independent contractor status and the fact that they employ no employees subject to the provisions of ORS Chapter 656. 3. We are independent contractors of the City of Albany, and recognize that we are not entitled to and waive all claims under any Worker's Compensation coverage afforded by the City to its employees as an insured orself-insured employer. All partners must sign: (Partner 1) (Partner 3) (Partner 2) (Partner 5) City of Albany, Albany Police Department (RFP No. 20056-13) (Partner 4) (Partner 6) Page 52 of 58 Sole Proprietorship DECLARATION OF INDEPENDENT CONTRACTOR STATUS The undersigned, business as doing do hereby declare and agree as follows: 1. I am a sole proprietor doing business as and am the only person interested as a partner or principal in that business. I employ no person for the performance of any work,. including clerical and administrative tasks. 2. All work to be done under contract with the City of Albany, Oregon will be performed by me or by subcontractors who will be required to obtain Workers' Compensation coverage as insured or self-insured employers unless such subcontractors file with the City of Albany joint declaration, signed by me as well, affirming their independent contractor status and the fact that they employ no employees subject to the provisions of ORS Chapter 656. 3. I am an independent contractor of the City of Albany, and recognize that I am not entitled to and waive all claims under any Workers' Compensation coverage afforded by the City to its employees as an insured or self-insured employer. (Signature, Sole Proprietor) Redlight Enforcement Personal Services Agreement - 2008 Page 53 of 58 Woodburn Professional Services Agreement with Redflex Red Light Photo Enforcement Program ATTACHMENT C: NOTICE OF INTENT TO PROPOSE Date: City of Albany Administrative Services Dept. Attn: Diane Wood 333 Broadalbin Street SW Albany, OR 97321-0144 CITY OF ALBANY RFP #20056-13 -RED LIGHT PHOTO ENFORCEMENT This letter serves to notify the City of Albany that [Proposer's company name] intends to submit a Proposal in response to the above identified Request for Proposals and should be considered by the City of Albany as an Interested Proposer. Sincerely, [Signer's name] [Proposer's company name] [Proposer's mailing address] [Proposer's fax number] [Signer's a-mail] [Signer's phone number] Redlight Enforcement Personal Services Agreement - 2008 Page 54 of 58 Woodburn Professional Services Agreement with Redflex Red Light Photo Enforcement Program EXHIBIT "F" STANDARD CITY CONTRACT PROVISIONS FOR PROFESSIONAL/PERSONAL SERVICES The following provisions, if applicable, are hereby included in and made a part of the attached contract for professional/personal services between the City of Roseburg and the Contractor named therein as provided for in the Roseburg Municipal Code, the Oregon Revised Statutes and Federal laws, rules, regulations and guidelines: 1. DISCRIMINATION IN SUBCONTRACTING PROHIBITED; REMEDIES - ORS 279A.110: 1.1 The Contractor may not discriminate against a Subcontractor in the awarding of a subcontract because the Subcontractor is a minority, women or emerging small business enterprise certified under ORS 200.055. 1.2 By entering into the contract, the Contractor certifies it has not discriminated and will not discriminate, in violation of Subsection 1.1 against any minority, women or emerging small business enterprise in obtaining any required subcontract. 1.3 If the Contractor violates the nondiscrimination certification made under Subsection 1.2, the City may regard the violation as a breach of contract that permits the City to terminate the contract or exercise any remedies for breach permitted under the contract. 2. NONRESIDENT CONTRACTOR REPORT TO DEPARTMENT OF REVENUE -ORS 279A.120: 2.1 As used in this Section, "nonresident contractor" means a contractor that: (a) Has not paid unemployment taxes or income taxes in the State of Oregon during the 12 calendar months immediately preceding submission of the bid or proposal for the contract; (b) Does not have a business address in this state; and (c) Stated in the bid or proposal for the contract that it was not a "resident bidder" under ORS 279A.120. 2.2 If the Contractor is a nonresident contractor and the public contract price exceeds $10,000, the Contractor shall promptly report to the Department of Revenue, on forms to be provided by the Department, the total contract price, terms of payment, length of contract and such other information as the Department may require before the Contractor may receive final payment on the contract. The City shall satisfy itself that the requirement of this Section has been complied with before it issues a final payment on the public contract. Redlight Enforcement Personal Services Agreement - 2008 Page 55 of 58 Woodburn Professional Services Agreement with Redflex Red Light Photo Enforcement Program 3. PREFERENCE FOR RECYCLED MATERIALS -ORS 279A.125: 3.1 Notwithstanding provisions of law requiring the City to award a contract to the lowest responsible bidder or best proposer or provider of a quotation and subject to Section 3.2, when procuring goods for any public use, the City shall give preference to the procurement of goods manufactured from recycled materials. 3.2 The City shall give preference to goods that are considered to be made from recycled materials if: (a) The recycled product is available; (b) The recycled product meets applicable standards; (c) The recycled product can be substituted for a comparable nonrecycled product; and (d) The recycled product's cost does not exceed the cost of a comparable nonrecycled product by more than five percent, or a higher percentage if a written determination is made by the City. 4. PAYMENT OF LABORERS AND MATERIALMEN CONTRIBUTIONS TO INDUSTRIAL ACCIDENT FUND, LIENS AND WITHHOLDING TAXES - ORS 2796.220(11: The Contractor shall: 4.1 Make payment promptly, as due, to all persons supplying to such Contractor, labor or material for the performance of the work provided for in the contract. 4.2 Pay all contributions or amounts due the Industrial Accident Fund from such Contractor or Subcontractor incurred in the performance of the contract. 4.3 Not permit any lien or claim to be filed or prosecuted against the City or any subdivision, agency or employee thereof on account of any labor or material furnished. 4.4 Pay to the Department of Revenue, all sums withheld from employees pursuant to ORS 316.167. 5. SALVAGING, RECYCLING, COMPOSTING OR MULCHING YARD WASTE MATERIAL -ORS 2796.225: If the contract will include lawn and landscape maintenance the Contractor shall salvage, recycle, compost or mulch yard waste material at an approved site, if feasible and cost-effective. 6. PAYMENT FOR MEDICAL CARE AND ATTENTION TO EMPLOYEES -ORS 2796.230: 6.1 Contractor shall promptly as due, make payment to any person, co-partnership association or corporation furnishing medical, surgical and hospital care or other needed care and attention, incident to sickness or injury, to the employees of such Redlight Enforcement Personal Services Agreement - 2008 Page 56 of 58 Woodburn Professional Services Agreement with Redflex Red Light Photo Enforcement Program Contractor of all sums which the Contractor agrees to pay for such services and all monies and sums which the Contractor collected or deducted from the wages of employees pursuant to any law, contract or agreement for the purpose of providing or paying for such services. 6.2 The Contractor, its subcontractors, if any, and all employers providing work, labor or materials under the contract who are subject employers under the Oregon Workers' Compensation Law shall comply with ORS 656.017, which requires them to provide workers' compensation coverage that satisfies Oregon law for all their subject workers. Out-of-state employers must provide workers' compensation coverage that complies with ORS 656.126 for their workers. Employers' Liability Insurance with coverage limits of not less than $500,000 each accident shall be included. 7. HOURS OF LABOR -ORS 2796.235: This Section does not apply to public contracts for goods or personal property. 7.1 No person shall be employed for more than ten hours in any one day or forty hours in any one week, except in cases of necessity, emergency or when the public policy absolutely requires it, and in such cases, except for contracts for personal services, the employee shall be paid at least time and a half pay for: (a) All overtime in excess of eight hours a day or forty hours in any one week, when the work week consists of five consecutive days, Monday through Friday; or (b) All overtime in excess of ten hours a day or forty hours in any one week, when the work week is four consecutive days, Monday through Friday; and (c) For all work performed on Saturday and on any legal holiday specified in ORS 2796.020, or all holidays specified in a collective bargaining agreement. 7.2 For personal services contracts, employees shall be paid at least time and a half pay for all overtime worked in excess of 40 hours in any one week, except for individuals under personal service contracts who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. 201 to 209 from receiving overtime. 7.3 The Contractor must give notice to employees who perform work on this Contract, in writing, either at the time of hire or before commencement of work on this Contract, or by posting a notice in a location frequented by employees, the number of hours per day and days per week that the employees may be required to work. 8. EXCLUSION OF RECYCLED OILS PROHIBITED -ORS 2796.240. Lubricating oil and industrial oil may include recycled oils or oils that are not manufactured from virgin materials. 9. COMPLIANCE WITH LAWS: Contractor shall comply with all federal, state and local Redlight Enforcement Personal Services Agreement - 2008 Page 57 of 58 Woodburn Professional Services Agreement with Redflex Red Light Photo Enforcement Program laws, rules, ordinances and regulations at all times and in performance of this contract. Redlight Enforcement Personal Services Agreement - 2008 Page 58 of 58 ß¹»²¼¿ ×¬»³ March 22, 2010 TO: Honorable Mayor and City Council through City Administrator in Capacity as Local Contract Review Board FROM: Dan Brown, Public Works Director EXEMPTION OF AQUATIC CENTER ROOF AND BUILDING SHELL SUBJECT: REPAIRS CONTRACT FROM COMPETITIVE BIDDING PROCESS RECOMMENDATION: 1. Conduct a public hearing regarding the exemption of the Aquatic Center Roof and Building Shell Repairs contract from the competitive bidding process. 2. After completion of the public hearing, approve a resolution exempting the Aquatic Center Roof and Building Shell Repairs contract that authorizes the use of the Construction Manager/General Contractor (CM/GC) contracting method and adopt findings. BACKGROUND: The City of Woodburn is in need to repair the roof and building shell of the Aquatic Center to avoid further deterioration of the facility. The deterioration of the building structure has been attributed to high levels of interior moisture entering areas of the structure where vapor condenses and saturates building materials damaged by sustained high moisture content. The extent of the building structure damage has not been fully identified and selective demolition must be performed to expose deteriorated areas requiring repair. The demolition work must be closely coordinated with the design of repair needed and construction of the repairs designed. This coordination of discover, design of repair, and construction of repair to minimize disruption to the Aquatic Center operations requires collaboration between the engineer and contractor that is possible through the CM/GC contracting method. DISCUSSION: The City recently completed repairs to the Aquatic Center HVAC system which has successfully reduced the level of indoor moisture able to penetrate the building structure and cause premature deterioration of the facility. Repairs to deteriorated building Agenda Item Review: City Administrator __x___ City Attorney __x___ Finance __x__ ïîí Honorable Mayor and City Council March 22, 2010 Page 2 elements, which include the roof and building shell, are needed to preserve the structure and avoid building element failure that could be a risk the public using the building. The amount of time that the building structure is opened to facilitate repairs needs to minimized, close coordination between the demolition work and repair work is needed. The sequence of work needs to be coordinated between the design engineer and the contractor. Therefore, the City seeks a contracting methodology that allows negotiation of the scope of work, methodology of how repairs will be constructed, and ability to adjust scope of repair based upon the degree of building system deterioration that is encountered during demolition. These needs for the project do not lend themselves to the traditional competitive bid construction contracting practice. FINANCIAL IMPACT: Based upon the findings provided as an exhibit to the proposed resolution, the City anticipates a cost savings by utilizing the CM/GC contracting method because of greater control over risk and the negotiated contract for repairs will be tailored to the level of repairs needed, not an anticipated level of repair that was specified to allow a contractor to bid the project. Utilizing the conventional competitive bid process in this situation either results in conservative bids to address unknowns or low bids that result in claims to differing site conditions. The City believes that the type of work needed to repair the Aquatic Center is well suited for the inherent benefits of the CM/GC alternative method of contracting. The City is not certain it has sufficient funding to make all repairs necessary under this contract and utilizing the CM/GC alternative method of contracting will allow the City to better prioritize which work will be performed under this contract and which work will be deferred for a later contract when sufficient funds are available. ïîì COUNCIL BILL NO. 2825 RESOLUTION NO. 1966 A RESOLUTION EXEMPTING THE AQUATIC CENTER ROOF AND BUILDING SHELL REPAIRS CONTRACT FROM COMPETITIVE BIDDING REQUIREMENTS AND AUTHORIZING USE OF THE CONSTRUCTION MANAGER/GENERAL CONTRACTOR PROCUREMENT METHOD the City Council, acting as the Local Contract Review Board, WHEREAS, held a public hearing on March 22, 2010 for the purpose of receiving public input on exempting the Woodburn Aquatic Center Roof and Building Shell Repairs contract from the requirements of competitive bidding; and notice of the public hearing was published on May 23, 2008 WHEREAS, pursuant to ORS 279C.335(5) in the Daily Journal of Commerce of Portland, Oregon, a trade newspaper with general statewide circulation; and the repairs to the Aquatic Center roof and building shell is a WHEREAS, Public Improvement Contract subject to the competitive bidding process; and the City Council believes that it is in the public interest to WHEREAS, exempt the Aquatic Center Roof and Building Shell Repairs contract from competitive bidding requirements and to authorize the use of Construction Manager/General Contractor procurement as an alternative contract method; and a public hearing was held pursuant to OAR 137-049-0630 and WHEREAS, Findings have been prepared to justify the City Council’s decision; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: The City Council, acting as the Public Contract Review Board, Section 1. hereby exempts the Aquatic Center Roof and Building Shell Repairs contract from competitive bidding requirements and authorizes the use of Construction Manager/General Contractor as an Alternative Contract Method. This contract exemption is based upon the Findings attached Section 2. as Exhibit “A” and incorporated herein. Page 1 – Council Bill No. 2825 Resolution No. 1966 ïîë Approved as to form: City Attorney 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: Christina Shearer City Recorder City of Woodburn, Oregon Page 2 – Council Bill No. 2825 Resolution No. 1966 ïîê Exhibit A FINDINGS SUPPORTING AN EXEMPTION FROM COMPETITIVE BIDDING REQUIREMENTS AND USE OF THE CONSTRUCTION MANAGER/GENERAL CONTRACTOR (CM/GC) METHOD OF PROCUREMENT FOR THE AQUATIC CENTER ROOF AND BUILDING SHELL REPAIRS Before the Local Contract Review Board, City of Woodburn Oregon In the Matter of the Exemption ) FINDINGS OF FACT Request of the Public Works ) Department, City of Woodburn ) Oregon – Aquatic Center Roof and ) Building Shell Repairs ) ORS 279C.335(1) requires, with certain exceptions, that all Public Improvement contracts be based on competitive bids and, under ORS 279C.375, awarded to the lowest responsive and responsible bidder. ORS 279C.335(2) permits the Local Contract Review Board, as the municipality’s contract review authority, to grant, under certain conditions, specific exemptions from the requirement for competitive bidding upon the approval of specified findings. OAR 137-049-0620, allows Local Contract Review Board to exempt a Public Improvement contract from the requirements to be competitively bid, provided written findings supporting the use of a non-competitive bid process show compliance with OAR 137-049-0600 to 137-049-0690 and applicable statutes. The hearing for review of these findings will be held at 7:00 PM on March 22, 2010, in the City Hall Council Chambers at 270 Montgomery Street, Woodburn, Oregon, 97071, as published in the public notice in the Daily Journal of Commerce on March 10, 2010. I BACKGROUND The City of Woodburn is in need to repair deteriorated section of roof structure and building shell of the Aquatic Center. This structural damage is believed to be caused by failure of the Heating, Ventilation, and Air Conditioning (HVAC) system that was recently replaced to eliminate the source of moisture causing the deterioration. The extent of the damage is not fully visible and selective demolition is needed to assess the degree of damage and most appropriate repair. Because the scope of work can not be clearly defined and the most appropriate repairs properly defined for potential bidders, this project is not well suited for the conventional competitive bid contracting procedure. The use of an alternative contracting procedure is needed to provide deliberate and collaborative contracting process that does not distribute risk unfairly to the contractor or victimize the City to excessively high bids because potential contractors are trying to account for the risk associated without a clear understanding of the scope of work involved. The State of Oregon recognizes the need for alternative means of contracting ïîé when addressing projects that are not fully defined or would benefit in a collaborative effort between owner, engineer, and contractor to identify the most cost effective solution to problem that may or may not be fully identified. This alternative method of contracting is referred to as the Construction Manager/General Contractor methodology. II FINDINGS REGARDING REQUIRED CRITERIA ORS 279C.330 provides that: “‘[F]indings’ means the justification for a contracting agency conclusion that includes, but is not limited to, information regarding: (a) Operational, budget and financial data; (b) Public benefits; (c) Value Engineering; (d) Specialized expertise required; (e) Public safety; (f) Market conditions; (g) Technical complexity; and (h) Funding sources.” Public Works Department finds that many of these criteria support the decision to use the CM/GC contracting method for repair the roof and building shell of the Aquatic Center. This finding is supported by the following: 1)Operational, Budget and Financial Data: Limited funding is available for the repairs needed to the Aquatic Center roof and building shell. Every dollar available must be carefully expended to provide the maximum value to the preservation of this facility. The CM/GC allows the owner, engineer, and contractor to collaborate on assessing the problem and optimizing the most cost effective solution. This allows the City to optimize its expenditures and direction those expenditures to the most important needs of the building. The CM/GC being part of that process can provide cost information and constructability reviews that will result in fewer change orders and an overall project cost reduction. 2)Public Benefits: Utilization of the CM/GC contract delivery process will allow the City to collaborate and negotiate with the contractor that will be performing work. This is in contrast to preparing contract documents that attempt to dictate solutions to problems and how the contractor should construct those solutions. The CM/GC also provides an opportunity for the City to negotiate with the contractor how continued operation of the Aquatic Center can continue during repair work. The CM/GC process eliminates the adversarial relationship between the contractor and owner/designer. Risk is shared and addressed in a positive relationship intended to address problems, not transfer the risk to another party. 3)Value Engineering: The CM/GC brings within the project delivery team an element that can provide immediate value engineering. The CM/GC selection process will seek candidates that demonstrate the ability to provide value engineering to the project delivery team. 4)Specialized Expertise Required: Specialized expertise will be required to coordinate, procure, and install various products for repair and future moisture control to minimize facility deterioration. The CM/GC must also have the expertise to coordinate and schedule work around a facility providing a public service. 2 ïîè 5)Public Safety: Public safety will be maintained by the CM/GC during repair activities ensuring interruptions to the Aquatic Center operations are minimized and that there is no risk to facility users during building repairs. 6)Market Conditions: The current market conditions make the CM/GC contract delivery method attractive because it saves time and allows for more efficient scheduling of sub-contractors. 7)Technical Complexity: The technical complexity of this project is properly identifying the most cost effective means to correct premature building deterioration to high levels of indoor humidity and a corrosive atmosphere due to pool chlorination. Modifications of construction details and materials selection may be needed fully and permanently correct the problems associated with the current building deterioration. III FINDINGS REGARDING COMPETITION ORS 279C.335(2) requires that an agency make certain findings as a part of exempting public improvement contracts or classes of public improvement contracts from competitive bidding. ORS 279C.335(2)(a) requires an agency to find that: “It is unlikely that the exemption will encourage favoritism in the awarding of public improvement contracts or substantially diminish competition for public improvement contracts.” Public Works Department finds that selecting the contractor through an exempted competitive proposal selection process in accordance with OAR 125-249-0620 and 125-249-0630 will not inhibit competition or encourage favoritism. This finding is supported by the following facts: 1) The proposed CM/GC alternative contract delivery methodology is a competitive proposal process that allows the City to select a firm to provide all labor, material, and equipment, as well as construction management, to perform building repairs for the Aquatic Center. Competitively bidding this type of work creates a confrontational environment in which high levels of uncertainty must be accounted for. A disproportionate distribution of uncertainty and risk results in poor relationships between the owner, engineer, and contractor. The competitive bid process can be promoted by the CM/GC in his awarding of sub-contracted work. 1) The CM/GC will be selected through an open and competitive process as prescribed by ORS 279C.400 to 410 and related administrative rules. IV FINDINGS REGARDING SIGNIFICANT COST SAVINGS ORS 279C.335(2) requires that a contracting agency make certain findings in requesting approval of the exemption of a certain public improvement contract or class of public improvement contracts from competitive bidding. ORS 279C.335(2)(b) requires an agency to find that “The awarding of public improvement contracts under 3 ïîç the exemption will result in substantial cost savings to the public contracting agency.” This finding is supported by the following facts: 1) Because the scope of work can not be fully defined until selective demolition is completed, utilizing the conventional competitive bid process would require breaking this project into multiple contracts. The delays encountered with the issuance of multiple competitive contracts will increase the cost of the project. Additionally, there may be a break in continuity between if different contractors are the successful low bidders for each phase of the project. This break in continuity with contractor eliminates possible efficiencies gained in being part of the full project delivery process. The competitive bid process will incur the cost of preparation of contract documents that provide sufficient detail to allow competitive bidding 2) An exemption from competitive bidding will allow the City to take advantage of CM/GC expertise and value engineering during the proposal phase of the project versus having to address future change orders. V SUMMARY Use of the CM/GC method of contracting for repairing the roof and building shell of the Aquatic Center is an appropriate use of that alternative contracting method under OAR 137-049-0620. Additionally, an exemption from competitive bidding requirements is justified under the criteria outlined in ORS 279C.330, findings have been developed in compliance with ORS 279C.335(2), and the Public Works Department will perform the post project evaluation required by ORS 279C.355. Based upon the previously listed findings, the Public Works Department specifically concludes that: 1) It is unlikely the exemption will encourage favoritism in the awarding of public contracts or substantially diminish competition for public contracts; and 2) The exemption will result in substantial cost savings to the affected City services provided. 4 ïíð ß¹»²¼¿ ×¬»³ March 22, 2010 TO: Honorable Mayor and City Council through City Administrator FROM: Christina Shearer, City Recorder SUBJECT: Acceptance of Bancroft Bond Application RECOMMENDATION: By motion, and under the authority of ORS 223.210, Council accept the Bancroft Bond applications submitted by property owners within the Ironwood Subdivision Local Improvement District which were filed after the initial 10-day filing period. BACKGROUND: Under ORS 223.210 (Bancroft Bonding Act), affected property owners have 10 days after the date of the first publication of the final assessment ordinance to file a Bancroft Bonding application thereby allowing them to pay for their share of the assessment costs under an installment program over a 10-year period. Applications received after the initial filing period require Council acceptance in order to participate in the installment program. DISCUSSION: Bancroft bond applications were received from the following property owners of record: (1)Arnoldo & Magdalena De Los Rios Tax Lot No. 051W07AA00400 Acceptance of these applications will allow the property owners to participate in the installment program established under the final assessment ordinance for this improvement project. FINANCIAL IMPACT: There is no financial impact on the City unless the property owners default on assessment payments. If that were to occur, the City could initiate foreclosure proceedings in order to recover the assessment balance plus interest and related costs. The final assessment ordinance provides for annual payments and the first payment will not be due until February 11, 2011. Agenda Item Review: City Administrator ___x__ City Attorney __x___ Finance __x__ ïíï ß¹»²¼¿ ×¬»³ March 22, 2010 TO: Honorable Mayor and City Council through City Administrator FROM: Dan Brown, Public Works Director SUBJECT: AWARD OF CONSTRUCTION CONTRACT FOR THE DOWNTOWN TRANSIT FACILITY PROJECT NO. 2009-014-28 RECOMMENDATION: That Council, acting as the Local Contract Review Board, approve the award of the construction contract for the Downtown Transit Facility Improvements project in the amount of $55,795.00. BACKGROUND: Bids for the capital improvement project were opened on March 11, 2010. Eleven contractors submitted bids, and eight were responsive qualified bid proposals. No:NameAmount 1GT Excavating $55,795.00 2Northstar Associates, LLC $59,900.00 3Stadeli Underground $59,998.85 4Pro Exc. LLC $61,642.00 5Gelco Construction $69,229.30 6Brown Contracting $79,650.50 7N. Santiam Paving Co. $84,263.00 8JP Contractors $94,505.00 92KG Contractors Non Responsive 10Columbia Paving @ Exc. Non Responsive 11CMJ Construction Inc. Non Responsive Agenda Item Review: City Administrator ___x___ City Attorney __x____ Finance __x___ ïíî Honorable Mayor and City Council March 22, 2010 Page 2 Engineer’s Estimate $63,000.00 DISCUSSION: The project, as approved in the 2009-10 Capital Improvement Project budget, involves replacing of part of the existing asphaltic surface with reinforced concrete, and installing a luminaire at 190 Garfield Street. This improved site will serve as the main transit facility for the City and regional bus service. The contract award is in conformance with public contracting laws of the State of Oregon as outlined in ORS Chapter 279C and the contracting rules of the City of Woodburn. FINANCIAL IMPACT: The project will be funded by utilizing a $25,000 grant from the American Recovery and Reinvestment Act (ARRA) and use of approved State Revenue Sharing Fund (135) as identified in the FY 09/10 budget. ïíí