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05-24-2010 Agenda Packet KF,M CW ATHRYN IGLEYAYOR ITY OF OODBURN DP,CW1 ICK UGHOUNCILOR ARD J.MS,CWII EL CHMIDTOUNCILOR ARD ÝÝß PMC,CWIII ×ÌÇÑËÒÝ×ÔÙÛÒÜß ETER CALLUMOUNCILOR ARD JC,CWIV AMES OXOUNCILOR ARD FL,CWV RANK ONERGANOUNCILOR ARD M24,2010–7:00.. AY PM EM,CWVI RIC ORRISOUNCILOR ARD CHCC–270MS ITYALL OUNCIL HAMBERSONTGOMERY TREET 1. CALL TO ORDER AND FLAG SALUTE 2. ROLL CALL 3. ANNOUNCEMENTS AND APPOINTMENTS Announcements: A. City Hall, the Library, and the Aquatic Center will be Closed Monday, May 31 in observance of Memorial Day. st Appointments: None 4. PROCLAMATIONS/PRESENTATIONS Proclamations: None Presentations: None 5. COMMITTEE REPORTS A. Chamber of Commerce B. Woodburn School District 6. COMMUNICATIONS None – This allows the public to introduce items 7. BUSINESS FROM THE PUBLIC for Council consideration not already scheduled on the agenda. ööØ¿¾®? ·²¬7®°®»¬» ¼·°±²·¾´» °¿®¿ ¿¯«7´´¿ °»®±²¿ ¯«» ²± ¸¿¾´¿² ×²¹´7ô °®»ª·± ¿½«»®¼±ò Ý±³«²3¯«»» ¿´ øëðí÷ çèðóîìèëòöö May 24, 2010 Council AgendaPage i – Items listed on the consent agenda are considered 8. CONSENT AGENDA 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 May 10, 20101 Recommended Action: Approve the minutes. B.Woodburn City Council Executive Session minutes of May 10, 5 2010 Recommended Action: Approve the minutes. C.Woodburn Park and Recreation Board minutes of May 11, 20106 Recommended Action: Approve the minutes. D.Woodburn Planning Commission minutes of April 22, 2010 11 Recommended Action: Approve the minutes. E.Community Services Department Statistics for April 2010 18 Recommended Action: Accept the report. 9. TABLED BUSINESS None. 10. PUBLIC HEARINGS None. – Members of the public wishing to comment on items of 11. GENERAL BUSINESS 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. 2829 – A Resolution authorizing the amendment 19 of a Collective Bargaining Agreement with the American Federation of State, County, and Municipal Employees (AFSCME) Local 642. Recommended Action: Adopt the Resolution. B.Memorandum of Understanding with the Federal Bureau of 23 Investigation for the Safe Streets Task Force Recommended Action: Authorize the Police Chief to execute the attached Memorandum of Understanding with the Federal May 24, 2010 Council AgendaPage ii Bureau of Investigation for the Safe Streets Task Force. C.Acceptance of Public Utility Easement along frontage of 1002 N 37 Boones Ferry Road (Tax lot 051W07CA00400) Recommended Action: Accept a five foot Public Utility Easement granted by Legacy Health, property owners of 1002 N Boones Ferry Road in Woodburn, Oregon. D.Teen Center Agreement 42 Recommended Action: Authorize the City Administrator to enter into a management agreement with the Boys and Girls Club of Salem, Marion, and Polk Counties. E.Woodburn Fire District Network Support Agreement 62 Recommended Action: Authorize the City Administrator to execute an Intergovernmental Agreement with Woodburn Rural Fire Protection District No. 6 to provide computer and network support. – These 12. PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS are Planning Commission or Administrative Land Use actions that may be called up by the City Council. A.Planning Commission approval of Kalugin Estates subdivision 67 Recommended Action: No action is recommended. 13. CITY ADMINISTRATOR’S REPORT 14. MAYOR AND COUNCIL REPORTS 15. EXECUTIVE SESSION 16. ADJOURNMENT May 24, 2010 Council AgendaPage iii COUNCIL MEETING MINUTES May 10, 2010 ôêïî DATE: COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, 0:00 COUNTY OF MARION, STATE OF OREGON, MAY 10, 2010. CONVENED: The meeting convened at 7:00 p.m. with Mayor Figley presiding. ROLL CALL: Mayor Figley Present Councilor Cox Present Councilor Lonergan Arrived 7:55 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 Alexander, Police Captain Garrett, Public Works Director Brown, Economic & Community Development Director Hendryx, Community Services Director Row, Recreation Manager Spence, City Recorder Shearer. ANNOUNCEMENTS: 0:01 A.Dedication of the “Tom Tennant Memorial Garden” will be Wednesday May 12, 2010 at the Woodburn Police Department from 1pm to 4pm APPOINTMENTS: 0:02 Pugh/Cox A.... approve the appointment of members to the Interchange Aesthetics Citizen Advisory Committee as announced by Mayor Figley. The motion passed unanimously. McCallum/Pugh B.... approve the appointment of Charles Piper to the Planning Commission made by the mayor. The motion passed unanimously. McCallum/Cox C.… recommend Mel Schmidt be appointed to the Pudding River Watershed Council. The motion passed unanimously. PROCLAMATIONS: 0:03 A.Mayor Figley declared May 15-22, 2010 as Public Works Week. B.Mayor Figley declared May 10-15, 2010 as Police Week and May 15, 2010 as National Peace Officers Memorial Day. C.Mayor Figley declared May 24-31, 2010 as Buddy Poppy Week. PRESENTATIONS: 0:10 A.Jamison Cavallar, Executive Director of the Pudding River Watershed Council, 5920 SW Division St, Portland gave a presentation on the purpose and activities of the Pudding River Watershed Council and provided a historical report. Page 1 - Council Meeting Minutes, May 10, 2010 ï COUNCIL MEETING MINUTES May 10, 2010 ôêïî COMMITTEE REPORTS: 0:27 A.Don Judson, Executive Director of the Woodburn Chamber of Commerce updated Council on upcoming Chamber activities and events. Tourism coordinator Kristen Graybeal played a promotional video for Woodburn area activities and attractions. B.Walt Blomberg, Superintendent of the Woodburn School District, updated Council on upcoming District activities and events including Music Festival, a children’s theatre event, volunteer appreciation and graduation. BUSINESS FROM THE PUBLIC 0:42 A.No one wished to address Council. CONSENT AGENDA 0:42 A.approve the Woodburn City Council minutes of April 12, 2010; B.approve the Woodburn Planning Commission Minutes of April 22, 2010; C.approve the Woodburn Park and Recreation Board Minutes of April 13, 2010; D.approve the Woodburn Library Board Minutes of April 21, 2010; E.accept the Crime Statistics report through April 2010; F.accept the Building Activity report for March 2010; G.accept the Building Activity report for April 2010; H.accept the Community Services Department Statistics for March 2010; and I.authorize the City Administrator to execute on behalf of the City a management agreement with Boys and Girls Club of Salem, Marion, and Polk Counties. Pugh/Cox ... adopt the Consent Agenda with the exception of item I. which will be addressed at a future meeting. The motion passed unanimously. TABLED BUSINES: 1:02 A.Council Bill 2814 – A Resolution modifying the Business Assistance Loan Program guidelines remained on the table. B.Council Bill 2826 – A Resolution directing that seven “NO PARKING” signs be installed on the west side of Brown Street between Brown Court and Bridlewood Pugh/McCallum Lane.... remove from the table. The motion passed unanimously. COUNCIL BILL NO. 2826 – A RESOLUTION DIRECTING THAT SEVEN “NO 1:03 PARKING” SIGNS BE INSTALLED ON THE WEST SIDE OF BROWN ST. BETWEEN BROWN COURT AND BRIDLEWOOD LANE Council Bill 2826 was previously introduced and read so no further reading was necessary. Public Works Director Brown provided a staff report to Council outlining efforts to notify impacted citizens. Council discussed comments received from citizens both in favor and opposed to the reduction of on street parking. On roll call vote for final passage, the bill passed with Councilors Lonergan, McCallum, and Morris voting aye and Councilors Pugh, Schmidt, Cox voting nay. Mayor Figley cast the deciding vote and voted aye. Mayor Figley declared Council Bill No. 2826 duly passed. Page 2 - Council Meeting Minutes, May 10, 2010 î COUNCIL MEETING MINUTES May 10, 2010 ôêïî COUNCIL BILL NO. 2827 – AN ORDINANCE REPEALING CERTAIN 1:25 UNNECESSARY ORDINANCES THAT WERE REPEALED BY IMPLICATION McCallum introduced Council Bill No. 2827. 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. 2827 duly passed. COUNCIL BILL NO. 2828 – A RESOLUTION INITIATING A LEGISLATIVE 1:27 AMENDMENT TO EXPAND THE NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT (NCOD) TO INCLUDE ADDITIONAL PROPERTIES FRONTING SETLLEMIER STREET McCallum introduced Council Bill No. 2828. Recorder Shearer read the bill by title only since there were no objections from the Council. Mayor Figley declared a potential conflict of interest on this item and did not participate in its passage. Durrell Crays of 167 W. Settlemier spoke in favor of the bill. On roll call vote for final passage, the bill passed with Councilors Pugh, Lonergan, McCallum, and Cox voting aye. Councilors Schmidt and Morris voted nay. Mayor Figley declared Council Bill No. 2828 duly passed. CM/CG CONTRACT AWARD FOR ROOF AND BUILDING REPAIRS TO THE 1:52 AQUATIC CENTER Morris/Lonergan ...City Council, acting as the Local Contract Review Board, award the contract for Construction Manager/General Contractor to Triplett Wellman Contractors for the Aquatic Center roof and building shell repair. Public Works Director Brown provided additional information about the alternative contracting process and the project. The motion passed unanimously. LIQUOR LICENSE CHANGE OF OWNERSHIP – ON-PREMISE SALES 2:00 Lonergan/Pugh ...recommend that OLCC approve a Change of Ownership – Full On- Premise Sales application for the End Zone Sports Bar and Grill. The motion passed unanimously. LIQUOR LICENSE CHANGE OF OWNERSHIP – OFF-PREMISE SALES WITH 2:01 FUEL PUMPS Lonergan/Cox ...recommend that OLCC approve a Change of Ownership – Off-Premise Sales with Fuel Pumps application for AM/PM of Woodburn. The motion passed unanimously. LIQUOR LICENSE NEW OUTLET – FULL ON-PREMISES SALES 2:02 (COMMERCIAL ESTABLISHMENT) Lonergan/McCallum ...recommend that OLCC approve a Liquor License New Outlet – Full On-Premise Sales (Commercial Establishment) application for the Sand Trap Bar and Grill. The motion passed unanimously. Page 3 - Council Meeting Minutes, May 10, 2010 í COUNCIL MEETING MINUTES May 10, 2010 ôêïî WOODBURN CROSSING (WALGREENS) PARTITION 2:03 The Council declined to call this item up for review. PLANNING COMMISSION APPROVAL OF DESIGN REVIEW DR 2010-01 AND 2:03 VARIANCE VAR 2010-01, FOR A NEW POLE SIGN AT 850 LAWSON AVENUE The Council declined to call this item up for review. CITY ADMINISTRATOR’S REPORT: 2:08 A.Special Council meeting scheduled for 8:30am Saturday, May 15, 2010. B.Budget Committee meeting scheduled for 9:00am Saturday, May 15, 2010. MAYOR AND COUNCIL REPORTS: 2:11 Councilor Pugh appreciates the crack sealing on Woodland St. Councilor Lonergan complimented the City on the appearance of Cowen park. He also congratulated Chief Russell on his recent recertification. EXECUTIVE SESSION: 2:13 Mayor Figley entertained a motion to adjourn into executive session under the authority of ORS 192.660(2)(d), ORS 192.660(2)(f) and ORS 192.660(2)(h). Pugh/McCallum …adjourn to executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The Council adjourned to executive session at 9:15 pm and reconvened at 10:40 pm. 2:13 Mayor Figley stated that no action was taken by the Council while in executive session. ADJOURNMENT: 2:14 McCallum/Pugh… meeting be adjourned. The motion passed unanimously. The meeting adjourned at 10:40 p.m. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Christina M. Shearer, Recorder City of Woodburn, Oregon Page 4 - Council Meeting Minutes, May 10, 2010 ì Executive Session COUNCIL MEETING MINUTES May 10, 2010 DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MAY 10, 2010. CONVENED. The Council met in executive session at 9:20 p.m. with Mayor Figley presiding. ROLL CALL. Mayor Figley Present Councilor Cox Present Councilor Lonergan Absent Councilor McCallum Present Councilor Morris Present Councilor Pugh Present Councilor Schmidt Present Staff Present Item #1: City Administrator Derickson, City Attorney Shields, Community Services Director Row, City Recorder Shearer. Staff Present Item #2: City Administrator Derickson, City Attorney Shields, Assistant City Administrator Stevens, Finance Director Palacios, Public Works Director Brown, City Recorder Shearer. Mayor Figley also reminded the Councilors and staff that information discussed in executive session is not to be discussed with the public. The executive session was called to: Conduct deliberations with persons designated by the governing body to carry on labor negotiations pursuant to ORS 192.660(2)(d), Consider records that are exempt by law from public inspection pursuant to ORS 192.660(2)(f), and Consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed pursuant to ORS 196.660(2)(h). ADJOURNMENT. The executive session adjourned at 10:40 p.m. APPROVED_______________________________ KATHRYN FIGLEY, MAYOR ATTEST_______________________________ Christina M. Shearer, Recorder City of Woodburn, Oregon Page1 – Executive Session, Council Meeting Minutes, May 10, 2010 ë CityofWoodburn CityofWoodburn RecreationandParkBoardMinutes RecreationandParkBoardMinutes May 11, 2010 7:00 p.m. CALL TO ORDER 1. The meeting and was called to order at 7:00 p.m. ROLL CALL 2. Position I Zandi Cox, Member (12/10) Present Position II (Student) Alexa Morris, Member (7/10) Present Position III Joseph Nicoletti, Board Secretary (12/13) Present Position IV Rosetta Wangerin, Board Chair (12/13) Present Position V Bruce Thomas, Member (12/13) Present Position VI Cheryl Shepherd, Member (12/11) Absent Position VII Charlene Williams, Member (12/11) Absent APPROVAL OF MINUTES FROM April 13, 2010 3. Joseph Nicoletti/Zandi Cox - Motion to accept the minutes as written. The motion passed unanimously. BUSINESS FROM THE AUDIENCE 4. None. OLD BUSINESS 5. Woodburn Fiesta Mexicana The Fiesta with its 47 year history will once again be held on August 6, 7 and th 8. Jim shared that the planning was going significantly well. The sponsorship program that is now developed, will help the city recover all costs of the event, and will be distributed next week. The sponsorship program offers advertising exposure opportunities during the event. Jim displayed the Fiesta Mexicana website that Evan Thomas, YG Media, sponsored and will offer a Spanish or English selection choice. Miguel Salinas wrote the history section of the website. The Fiesta Court application packet is now available for female individuals 16-18 year old that are currently enrolled in high school or college and are bi-lingual in both English and Spanish. This year, the Fiesta Queen’s Coronation will kick-off the event Friday night on a stage in front of the grand stand. This year’s entrance fee has been significantly lowered to $3 for adults and $1 per child. The Children’s Fun Center will have various inflatable bounce toys, a rock climbing wall, entertainers, clowns, art and crafts booths. Jim reported that the vendor application would be available in 1-2 weeks. Vendor booth cost was lowered, which in turn will make the purchase price of food and non-food items affordable for families. Discussion took place on high school students getting involved in the fiesta planning as part of their curriculum in the future. Page 1 of 5 ê CityofWoodburn CityofWoodburn RecreationandParkBoardMinutes RecreationandParkBoardMinutes May 11, 2010 7:00 p.m. NEW BUSINESS 6. Wyffels Park Trail Jim shared that Dan Brown, Public Works Director was successful in his application for funds through the ODOT Readiness Initiative Grant. This grant will provide funds for the design, permitting, and property acquisition required for a boardwalk trail system through Wyffels Park. Discussion took place on the importance of public involvement during the design process. Jim reported that no word has been received from Oregon State Parks regarding our Land and Water Conservation Fund application for the Wyffels Park playground project. DIVISION REPORTS FROM DEPARTMENT 7. Aquatics – Debbie Wadleigh Debbie reported that May is National Aquatic Safety Month and they were providing an opportunity for families to come in and have their level of swimming checked. A coupon for 20% discount off swimming lessons will be given to participating families. Registration for summer swim lessons will begin Monday, May 17. Lifeguard and Swim Instructor training classes are being offered June 14-18, from 8:30am – 4:30pm, Monday – Friday. Group swim lessons will begin June 21. A competitive swim stroke class will start this summer, with opportunities to join the Woodburn Barracuda Club. Additional summer activities include; Splash and Read, a poolside story reading on Mondays at 2:00pm; Teen Hawaiian Swim and Dance night on th June 11;School’s Out for Summer, with food, fun and free swim on June 18; Celebrate Pools, Parks and Play, with ice cream floats and swimming on July 22;Dog Days of Summer, celebration with hotdogs, activities and swimming; End of Summer Block Party, we supply the hotdogs and hamburgers and you bring potluck chips, salads, cookies and drinks. Also, we have a summer Fitness Challenge involving every qualified visit to the Aquatic Center equals a visit to a National Park for a goal of visiting all 54 National Parks. When completed, your name will be placed in a drawing for a chance to win a 3 month pass to the Aquatic Center. Recreation – Stu Spence Adult Sports – Soccer not enough teams to begin season – Softball season begins June 1 in cooperation with the Mt. Angel League Youth Advisory Board – they provided games and activities for the Woodburn School District Day of the Child, and helped in the Health Fair booth. They are providing a craft project for Cascade Park residents. They have raised $400 for a Scholarship program this year. Woodburn Reads - One million page reading challenge is underway for the month of May with the school district. District is organizing the project, but Page 2 of 5 é CityofWoodburn CityofWoodburn RecreationandParkBoardMinutes RecreationandParkBoardMinutes May 11, 2010 7:00 p.m. we will do marketing for it. Thermometer in the Independent, posters, bookmarks, pencils. - Mentoring Grant Two mentor trainings have been scheduled for the end of May and Kate Schedler, Coordinator is working hard to recruit more mentors. If anyone would like to give a 1 year commitment to work with middle and high school students in a 1 hour weekly meeting group, please call 503-982- 5286. - Youth Leadership Grant We have applied for a Youth Leadership Grant through the Police Activities League. Funding would send 2 youth and a mentor to the DC area for leadership training and provide valuable resources for youth leadership and our current YAB. - Mother’s Day/Day of the Child Both events were successful at the Downtown Plaza and well attended. Entertainment was in partprovided by LaPantera and other local businesses. Thank you to all of our vendors that help make these events happen. Pitch, Hit and Run - About 25 kids participated, some of which will move on to “sectionals” at Volcano’s Stadium. - Arbor DayThank you once again to the Networking Club of Woodburn for providing coordination and 200 trees for the Arbor Day event. Other activities included a coloring contest and tree curriculum in the After School Programs - Break DancingOur break dancing group performed at 2 events at the end of April; one at the Salem Fairgrounds and one in Tigard. About 25 kids are participating regularly. - Summer Events Library, Aquatics and Recreation all working together to provide lots of community events this summer. - G.R.E.A.T. Camp We have applied for a $400 mini grant from Woodburn Together for GREAT Camp. This year’s camp for 4-8 graders will take place at Heritage/Valor from July 12 -16. th Stu also reported that on August 19, Woodburn Proud is sponsoring a barbeque at Centennial Park at 6:30pm to honor Police, Firemen and th Ambulance. Also, Family Wellness Walk & Stroll on June 5 from 10:00am – 1:00pm and will start at Well Springs. The Out and About Activities Guide Summer 2010 will be mailed next week. Parks & Facilities – Jim Row Teen Center Contract – Jim took the Teen Center contract authorization to the City Council last night. They indicated that they would prefer to review the exact agreement, and asked staff to call a special Council meeting for 8:30 AM Saturday, immediately preceding the Budget Committee meeting. Jim reported that they would attempt to finish the agreement in time for this meeting. As soon as the City Council authorizes the agreement, the Boys and Girls Club will invest resources into the building and staff in preparation for reopening the program. Jim gave some history on why the Boys and Girls Page 3 of 5 è CityofWoodburn CityofWoodburn RecreationandParkBoardMinutes RecreationandParkBoardMinutes May 11, 2010 7:00 p.m. Club was approached to run the teen center. Rosetta asked Jim to arrange the Boys and Girls Club to come to June meeting to present their curriculum. Mill Creek Greenway Jim reported that the CMU wall, which will separate the parking area from residents on Brown and Cleveland, is currently being constructed. When the ground dries out and they can achieve necessary gravel compaction, the parking asphalt will go in. He stated that with the construction stakes still in place, maintenance has had difficulty mowing the tall grass. Centennial Park Jim showed some pictures of the work being accomplished at the park; maintenance building slab, picnic pavilion, information kiosk, fourth ballfield and outfield. The structural permits have been issued and concession and maintenance buildings are now being built. Jim explained the issues of prior drainage systems and the importance of construction documentation when plans are changed. Zandi asked about the standing water in the Hermanson playground and trail areas. Jim explained that when construction is complete, there should be no drainage issues. She also commented on restroom cleanliness and maintenance concerns in city parks. Discussion took place on the amount of city owned acreage and right-of-ways that staff are responsible to maintain and how budget and personnel restraints dictate level of service. Jim stated that given resource constraints, maintenance personnel have been very responsive when items in need of service have been called to their attention. FUTURE BOARD BUSINESS 8. None. BOARD COMMENTS 9. Zandi Cox – complimented staff on all their hard work. Bruce Thomas – added that we can’t keep adding parks and programs without adding adequate staff to maintain level of service. Discussion took place on the fact that the adoption of the Parks and Recreation Master Plan addressed the issue of budget restraints, level of service and increased maintenance personnel for additional park amenities. Bruce ex0pressed concerns about poor exterior lighting at the Aquatic Center. Discussion took place on the additional lighting and tree trimming to make the entrance and parking more attractive. Bruce also brought ideas of additional programming for the Downtown Plaza; chess/checker tables, open mic night, art classes, sidewalk chalk, outdoor yoga class, Authors Night and family picnics. Bruce also started a discussion on moving the July and August meetings to an earlier time, so Music in the Park could be attended. Jim stated that he would contact WCAT to find out if an earlier time would be possible. Page 4 of 5 ç CityofWoodburn CityofWoodburn RecreationandParkBoardMinutes RecreationandParkBoardMinutes May 11, 2010 7:00 p.m. ADJOURNMENT 10. Adjournment of the meeting was 8:35 p.m. ___________________________ _________________________________ Joseph Nicoletti, Board Secretary Paulette Zastoupil, Recording Secretary Date_________________ Date___________________ Page 5 of 5 ïð ïï ïî ïí ïì ïë ïê ïé ïè ß¹»²¼¿ ×¬»³ May 24, 2010 TO: Honorable Mayor and City Council through City Administrator FROM: Scott C. Derickson, City Administrator SUBJECT: AFSCME Collective Bargaining Agreement RECOMMENDATION: It is recommended the City Council approve the attached resolution authorizing amendment to the collective bargaining agreement with the American Federation of State, County and Municipal Employees (AFSCME). BACKGROUND: The AFSCME agreement was effective on July 1, 2009 and contained a limited reopener clause. Negotiations commenced under the reopener in March, 2010. The City’s negotiating team of Terrie Stevens, Dan Brown and Jim Row met with the union in three negotiating sessions. The City Council was kept fully informed and offered its input and guidance. The membership of AFSCME ratified the agreement on May 13, 2010, and it is now before the City Council for approval. DISCUSSION: Pursuant to the negotiations concluded under the reopener, certain key provisions of the AFSCME agreement are amended. 1.First, the City agrees to pick up the employee portion of PERS contribution. This is consistent with the benefit that City provided to the Woodburn Police Association under its 2008 collective bargaining agreement. 2.Second, the parties agreed that current wage rates will remain in effect for the life of the agreement, through June 30, 2012, and that by September 2011 will have completed a classification/job description and wage compatibility study. Agenda Item Review: City Administrator __x____ City Attorney __x____ Finance __x___ ïç Honorable Mayor and City Council May 24, 2010 Page 2 3.Finally, there are seven public works employees who receive certification pay for various certifications they hold. Because of the existing contract language, the administrative expense associated with this activity has proved difficult and costly. The proposed contract eliminates certification pay, except for notary and language. For those employees currently receiving certification pay, the amount that they are currently receiving will be rolled into their base pay. New employees will be expected to have those certifications required for their position, making the administration of this program less complicated. FINANCIAL IMPACT: The approved FY 2009/10 City budget contains the cost associated with the terms of the proposed AFSCME agreement, as previously discussed with the City Council. îð COUNCIL BILL NO. 2829 RESOLUTION NO. 2815 A RESOLUTION AUTHORIZING THE AMENDMENT OF A COLLECTIVE BARGAINING AGREEMENT WITH THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES (AFSCME) LOCAL 642, WHICH BECAME EFFECTIVE ON JULY 1, 2009 AND EXPIRES ON JUNE 30, 2012. on June 18, 2009 the City and AFSCME Local 642 agreed to a WHEREAS, collective bargaining agreement, which was effective on July 1, 2009 and expires June 30, 2012 (“The Collective Bargaining Agreement”); and that the Collective Bargaining Agreement contained a limited WHEREAS, reopener clause; and the parties have met and bargained in good faith, negotiated WHEREAS, and have reached agreement; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Article 8.5, Retirement, of the Collective Bargaining Agreement Section 1. is amended to read as follows: 8.5 Retirement For the duration of this Agreement, the City shall continue the current retirement plan offered through the Public Employees Retirement System (PERS). Effective July 1, 2010, the City shall pick up, assume, or pay the employee’s contribution required by law to PERS subject to the Oregon Administrative Rules pursuant to PERS and OPSRP statutes. Article 12, Wages, of the Collective Bargaining Agreement is Section 2. amended to read as follows: Article 12 – Wages 12.1 Wage Rates Current wage rates will remain in effect through June 30, 2012 12.2 Compensation Study Page 1 – Council Bill No. 2829 Resolution No. 2815 îï By September 2011, the City will have commissioned to have completed a classification/job description, and wage comparability study. The City and Union shall have equal members on the oversight committee (3 City representatives and 3 Union representatives). Article 24, Certification Pay, of the Collective Bargaining Section 3. Agreement is deleted. 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 1 – Council Bill No. 2829 Resolution No. 2815 îî ß¹»²¼¿ ×¬»³ May 24, 2010 TO: Honorable Mayor and City Council through City Administrator FROM: Scott Russell, Chief of Police SUBJECT: Memorandum of Understanding with the Federal Bureau of Investigation for the Safe Streets Task Force RECOMMENDATION: Authorize the Police Chief to execute the attached Memorandum of Understanding (Attachment A) with the Federal Bureau of Investigation for the Safe Streets Task Force. BACKGROUND: Since the emergence of gangs in the late 1980’s the City of Woodburn has worked diligently to reduce the violence and crime associated with them and their effects on the citizens of Woodburn. In recent years, the City was able to obtain a Federal Weed and Seed grant to assist in both gang enforcement and gang prevention efforts. These efforts have resulted in reduced gang violence over the past few years, training parents what to look for and how to prevent their kids from entering the gang lifestyle, and in reaching out to at risk youth through programs like GREAT (Gang Resistance Education And Training) Camp. However, Weed and Seed programs are by design limited in nature and are designed to be transitioned into locally sustained efforts. In an effort to sustain our gang enforcement efforts into the future the Woodburn Police Department has sought out other opportunities for assistance and collaboration. One area that we investigated was the development of a local FBI Safe Streets Task Force. Such a task force has the primary goal of proactively identifying, investigating, and prosecuting gang members involved in organized criminal street gang activity. The Federal government supports these task forces through the provision of FBI personnel, supplying significant overtime and equipment to participating agencies, training expenses, and logistical/analytical/computer support of operations. Agenda Item Review: City Administrator __x____ City Attorney __x___ Finance __x___ îí Mayor and City Council May 24, 2010 Page 2 DISCUSSION: As part of this investigative effort we met with representatives of the local FBI Safe Streets Task Force (which in the Portland Metro area is called the Metro Gang Strike Force), and the police chief’s of nearly all the agencies in Marion County, the Marion County Sheriff, the Marion County District Attorney, and the police chief’s of the cities of Canby and Oregon City. These discussions centered on bringing a FBI Safe Streets Task Force to the Mid-Willamette Valley area. Many agencies expressed interest in participating, but also articulated a lack of manpower to do so at this time. The police departments of Canby and Oregon City, as well as Woodburn, agreed to seek their City Council approval to participate in the Task Force. The FBI has pledged their support once the threshold of three local agencies that agree to be involved has been met. The Mid-Valley unit would operate within the overall structure of the Metro Gang Strike Force and would receive all the benefits and support of the parent FBI Safe Streets Task Force Organization. However, the operation would be locally based at the Woodburn Police Department and would have operational autonomy over Mid-Valley investigations. The team would be managed by the Task Force Commander, a captain from Milwaukie Police Department, and locally by a supervisor from the Canby Police Department, which would be a rotated supervisor position. The local team would be comprised of seven to eight investigators at the outset. This would include one (1) full time FTE police officer from the Woodburn Police Department. This is an existing officer position that was formerly assigned to the Community Response Team. Assigning this officer to the task force and having them locally housed would be a force multiplier for the Department. The Woodburn Police Department sees significant benefit to the collaboration provided through the Safe Streets Task Force in the effort to reduce gang violence and crime. The partnership also provides a much needed influx of resources to the local gang enforcement effort and improves all agencies gang enforcement operations and capabilities. The Cities of Canby and Oregon City have already taken action to agree to the proposed agreement. Even though it remains confidential the FBI has agreed to allow the publication of the MOU document for the City Council’s review. îì Mayor and City Council May 24, 2010 Page 3 FINANCIAL IMPACT: The cost of the Woodburn Police Officer FTE is accounted for in the existing Woodburn Police Department budget for FY 2009-2010. Revenue from the new agreement will be utilized to offset the cost of any overtime, equipment, computer, or vehicle needs of the officer assigned. Minor payroll adjustments may be necessary depending upon which officer is ultimately assigned. Attachments Attachment A: FBI Safe Streets Task Force MOU îë FOUO ORFFICIAL SENLY FEDERAL BUREAU OF INVESTIGATION PORTLAND METRO GANG TASK FORCE (MGTF) SAFE STREETS TASK FORCE MEMORANDUM OF UNDERSTANDING PARTIES This Memorandum of Understanding (MOU) is entered into by and between the Federal Bureau of Investigation (FBI) and the [Woodburn Police Department] (WPD). Nothing in this MOU should be construed as limiting or impeding the basic spirit of cooperation which exists between these agencies. AUTHORITIES Authority for the FBI to enter into this agreement can be found at Title 28, United States Code (U.S.C.), Section (§) 533; 42 U.S.C. § 3771; Title 28, Code of Federal Regulations (C.F.R.), § 0.85; and applicable United States Attorney General's Guidelines. PURPOSE The purpose of this MOU is to delineate the responsibilities of Portland Metro Gang Task Force (MGTF) Safe Streets Task Force (SSTF) participants, maximize inter-agency cooperation, and formalize relationships between the participating agencies for policy guidance, planning, training, public and media relations. This MOU is not intended, and should not be construed, to create any right or benefit, substantive or procedural, enforceable at law or otherwise by any third party against the parties, the United States, or the officers, employees, agents, or other associated personnel thereof. MISSION The mission of the SSTF is to identify and target for prosecution criminal enterprise groups responsible for drug trafficking, money laundering, alien smuggling, crimes of violence (murder), robbery (aggravated assault), violent street gangs, as well as to intensely focus on the apprehension of dangerous fugitives. The SSTF will enhance the effectiveness of federal/state/local law enforcement resources through a well-coordinated initiative seeking the most effective investigative/prosecutive avenues by which to convict and incarcerate dangerous offenders. FOUO ORFFICIAL SENLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. 1 îê FOUO ORFFICIAL SENLY SUPERVISION AND CONTROL Supervision Overall management of the SSTF shall be the shared responsibility of the participating agency heads and/or their designees. The Special Agent in Charge (SAC) of the Portland Division shall designate one Supervisory Special Agent (SSA) to supervise day-to-day operational and investigative matters pertaining to the SSTF. Responsibility for conduct, not under the direction of the SAC or SSA, of each SSTF member, both personally and professionally, shall remain with the respective agency head and each agency shall be responsible for the actions of its respective employees. Each SSTF member will be subject to the laws, regulations, policies, and personnel rules applicable to those of his or her respective agency. FBI participants will continue to adhere to the Bureau's ethical standards, including Department of Justice (DOJ)/FBI regulations relating to outside employment and prepublication review matters, and will remain subject to the Supplemental Standards of Ethical Conduct for employees of the DOJ. Each SSTF member will continue to report to his or her respective agency head for non-investigative administrative matters not detailed in this MOU. Continued assignment to the SSTF will be based on performance and at the discretion of each SSTF member's respective supervisor. The FBI SAC/SSA will also retain discretion to remove any member from the SSTF. Case Assignments The FBI SSA with designated oversight for operational and investigative matters will be responsible for opening, monitoring, directing, and closing SSTF investigations in accordance with existing FBI policy and the applicable United States Attorney General's Guidelines. Assignments of cases to personnel will be based on, but not limited to, experience, training and performance, in addition to the discretion of the SSA with designated oversight for operational and investigative matters. For FBI administrative purposes, SSTF cases will be entered into the relevant FBI computer system. FOUO ORFFICIAL SENLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. îé FOUO ORFFICIAL SENLY SSTF members will have equal responsibility for each case assigned. SSTF personnel will be totally responsible for the complete investigation from predication to resolution. Resource Control The head of each participating agency shall retain control of resources dedicated by that agency to the SSTF, including personnel, as well as the continued dedication of those resources. The participating agency head or designee shall be kept fully apprised of all investigative developments by his or her subordinates. OPERATIONS Investigative Exclusivity It is agreed that matters designated to be handled by the SSTF will not knowingly be subject to non-SSTF law enforcement efforts by any of the participating agencies. It is incumbent on each agency to make proper internal notification regarding the SSTF's existence and areas of concern. It is agreed that there is to be no unilateral action taken on the part of the FBI or participating agencies relating to SSTF investigations or areas of concern. All law enforcement actions will be coordinated and cooperatively carried out. SSTF investigative leads outside of the geographic areas of responsibility for FBI Portland Division will be communicated to other FBI offices for appropriate investigation. Informants The disclosure of FBI informants to non-SSTF members will be limited to those situations where it is essential to the effective performance of the SSTF. These disclosures will be consistent with applicable FBI guidelines. Non-FBI SSTF members may not make any further disclosure of the identity of an FBI informant, including to other members of the SSTF. No documents which identify, tend to identify, or may indirectly identify an FBI informant may be released without prior FBI approval. In those instances where a participating agency provides an informant, the FBI may, at the discretion of the SAC, become solely responsible for the informant's continued development, operation, and compliance with necessary administrative procedures regarding operation and payment as set forth by the FBI. FOUO ORFFICIAL SENLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. îè FOUO ORFFICIAL SENLY The United States Attorney General's Guidelines and FBI policy and procedure for operating FBI informants and cooperating witnesses (CWs) shall apply to all FBI informants and CWs opened and operated in furtherance of SSTF investigations. Documentation of, and any payments made to, FBI informants and CWs shall be in accordance with FBI policy and procedure. Operation, documentation, and payment of solely state, county, or local informants and CWs opened and operated by non-FBI SSTF members in furtherance of SSTF investigations must be in accordance with the United States Attorney General's Guidelines. Documentation of state, county, or local informants and CWs opened and operated in furtherance of SSTF investigations shall be maintained at an agreed to location. Reports and Records All investigative reporting will be prepared in compliance with existing FBI policy. Subject to pertinent legal and/or policy restrictions, copies of pertinent documents created by each member of the SSTF will be made available for inclusion in the respective investigative agencies' files as appropriate. SSTF reports prepared in cases assigned to state, county, or local participants will be maintained at an FBI approved location; original documents will be maintained by the FBI. Records and reports generated in SSTF cases which are opened and assigned by the FBI SSA with designated oversight for investigative and personnel matters will be maintained in the FBI investigative file for SSTF. SSTF investigative records maintained at the Portland Field Office of the FBI will be available to all SSTF members, as well as their supervisory and command staff subject to pertinent legal, administrative and /or policy restrictions. All evidence and original tape recordings (audio and video) acquired by the FBI during the course of the SSTF investigations will be maintained by the FBI. The FBI's rules and policies governing the submission, retrieval and chain of custody will be adhered to by SSTF personnel. All SSTF investigative records will be maintained at an approved FBI location. Placement of all or part of said information into participating agency files rests with the discretion of supervisory personnel of the concerned agencies, subject to SSA approval. Classified information and/or documents containing information that identifies or tends to identify an FBI informant shall not be placed in the files of participating agencies unless appropriate FBI policy has been satisfied. FOUO ORFFICIAL SENLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. îç FOUO ORFFICIAL SENLY INFORMATION SHARING No information possessed by the FBI, to include information derived from informal communications by the SSTF member with personnel of the FBI, may be disseminated by the SSTF member to non-SSTF personnel without the permission of the SSTF member's designated FBI SSTF Supervisor and in accordance with the applicable laws and internal regulations, procedures or agreements between the FBI and the participating agencies that would permit the participating agencies to receive that information directly. Likewise, the SSTF member will not provide any participating agency information to the FBI that is not otherwise available to it unless authorized by appropriate participating agency officials. PROSECUTIONS SSTF investigative procedures, whenever practicable, are to conform to the requirements which would allow for either federal or state prosecution. A determination will be made on a case-by-case basis whether the prosecution of SSTF cases will be at the state or federal level. This determination will be based on the evidence obtained and a consideration of which level of prosecution would be of the greatest benefit to the overall objectives of the SSTF. In the event that a state or local matter is developed that is outside the jurisdiction of the FBI or it is decided to prosecute a SSTF case at the state or local level, the FBI agrees to provide all relevant information to state and local authorities. Investigative Methods/Evidence For cases assigned to an FBI Special Agent or in which FBI informants or CWs are utilized, the parties agree to conform to federal standards concerning evidence collection, processing, storage, and electronic surveillance. However, in situations where the investigation will be prosecuted in the State Court where statutory or common law of the state is more restrictive than the comparable federal law, the investigative methods employed by FBI case agents shall conform to the requirements of such statutory or common law pending a decision as to venue for prosecution. In all cases assigned to state, county, or local law enforcement participants, the parties agree to utilize federal standards pertaining to evidence handling and electronic surveillance activities to the greatest extent possible. However, in situations where the statutory or common law of the state is more restrictive than the comparable federal law, the investigative methods employed by state and local law enforcement agencies shall conform FOUO ORFFICIAL SENLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. íð FOUO ORFFICIAL SENLY to the requirements of such statutory or common law pending a decision as to venue for prosecution. The use of other investigative methods (search warrants, interceptions of oral communications, etc.) and reporting procedures in connection therewith will be consistent with the policies and procedures of the FBI. Undercover Operations All SSTF undercover operations will be conducted and reviewed in accordance with FBI guidelines and the Attorney General's Guidelines on Federal Bureau of Investigation Undercover Operations. All participating agencies may be requested to enter into an additional agreement if a member of the participating agency is assigned duties which require the officer to act in an undercover capacity. DEADLY FORCE AND SHOOTING INCIDENT POLICIES Members of the SSTF will follow their own agency's policy concerning firearms discharge and use of deadly force. DEPUTATIONS Local and state law enforcement personnel designated to the SSTF, subject to a limited background inquiry, may be sworn as federally deputized Special Deputy United States Marshals, with the FBI securing the required deputation authorization. These deputations should remain in effect throughout the tenure of each investigator's assignment to the SSTF or until the termination of the SSTF, whichever comes first. Administrative and personnel policies imposed by the participating agencies will not be voided by deputation of their respective personnel. VEHICLES In furtherance of this MOU, employees of WPD may be permitted to drive FBI owned or leased vehicles for official SSTF business and only in accordance with applicable FBI rules and regulations, including those outlined in the FBI Manual of Administrative Operations and Procedures (MAOP), Part I, Section 3.1. The assignment of an FBI owned or leased vehicle to a WPD SSTF member will require the execution of a separate Vehicle Use Agreement. The participating agencies agree that FBI vehicles will not be used to transport passengers unrelated to SSTF business. FOUO ORFFICIAL SENLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. íï FOUO ORFFICIAL SENLY The FBI and the United States will not be responsible for any tortious act or omission on the part of WPD and/or its employees or for any liability resulting from the use of an FBI owned or leased vehicle utilized by an WPD SSTF member, except where liability may fall under the provisions of the Federal Tort Claims Act (FTCA), as discussed in the Liability Section herein below. The FBI and the United States shall not be responsible for any civil liability arising from the use of an FBI owned or leased vehicle by an WPD task force member while engaged in any conduct other than his or her official duties and assignments under this MOU. To the extent permitted by applicable law, WPD agrees to hold harmless the FBI and the United States, for any claim for property damage or personal injury arising from any use of an FBI owned or leased vehicle by an WPD SSTF member which is outside the scope of his or her official duties and assignments under this MOU. SALARY/OVERTIME COMPENSATION The FBI and WPD agree to assume all personnel costs for their SSTF representatives, including salaries, overtime payments and fringe benefits consistent with their respective agency. Subject to funding availability and legislative authorization, the FBI will reimburse to WPD the cost of overtime worked by non-federal SSTF members assigned full-time to SSTF, provided overtime expenses were incurred as a result of SSTF-related duties. A separate Cost Reimbursement Agreement (CRA) must be executed between the FBI and WPD for full- time employee(s) assigned to SSTF, consistent with regulations and policy. Otherwise, overtime shall be compensated in accordance with applicable WPD overtime provisions and shall be subject to the prior approval of appropriate personnel. PROPERTY AND EQUIPMENT Property utilized by the SSTF in connection with authorized investigations and/or operations and in the custody and control and used at the direction of the SSTF, will be maintained in accordance with the policies and procedures of the agency supplying the equipment. Property damaged or destroyed which was utilized by SSTF in connection with authorized investigations and/or operations and is in the custody and control and used at the direction of SSTF, will be the financial responsibility of the agency supplying said property. FUNDING This MOU is not an obligation or commitment of funds, nor a basis for transfer of funds, but rather is a basic statement of the understanding between the parties hereto of the tasks FOUO ORFFICIAL SENLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. íî FOUO ORFFICIAL SENLY and methods for performing the tasks described herein. Unless otherwise agreed in writing, each party shall bear its own costs in relation to this MOU. Expenditures by each party will be subject to its budgetary processes and to the availability of funds and resources pursuant to applicable laws, regulations, and policies. The parties expressly acknowledge that the above language in no way implies that Congress will appropriate funds for such expenditures. FORFEITURES The FBI shall be responsible for processing assets seized for federal forfeiture in conjunction with SSTF operations. Asset forfeitures will be conducted in accordance with federal law, and the rules and regulations set forth by the FBI and DOJ. Forfeitures attributable to SSTF investigations may be equitably shared with the agencies participating in the SSTF. DISPUTE RESOLUTION In cases of overlapping jurisdiction, the participating agencies agree to work in concert to achieve the SSTF's objectives. The participating agencies agree to attempt to resolve any disputes regarding jurisdiction, case assignments, workload, etc., at the field level first before referring the matter to supervisory personnel for resolution. MEDIA RELEASES All media releases and statements will be mutually agreed upon and jointly handled according to FBI and participating agency guidelines. Press releases will conform to DOJ Guidelines regarding press releases. No release will be issued without FBI final approval. SECURITY CLEARANCES Thirty days prior to being assigned to the SSTF, each candidate will be required to furnish pages 1, 2, 3, 9 (certification only), and 10 of the Questionnaire for Sensitive Positions (SF-86). Sometime thereafter, a representative from the FBI will conduct an interview of each candidate. If, for any reason, a candidate is not selected, the participating agency will be so advised and a request will be made for another candidate. FOUO ORFFICIAL SENLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. íí FOUO ORFFICIAL SENLY Upon being selected, each candidate will receive a comprehensive briefing on FBI field office security policies and procedures. During the briefing, each candidate will execute non-disclosure agreements (SF-312 and FD-868), as may be necessary or required by the FBI. When FBI space becomes available, before receiving access, SSTF members will be required to undergo a full background investigation and receive and maintain a "Top Secret" security clearance. In addition, SSTF members will also be required to fully complete the SF- 86 and the required fingerprint cards. In the interim, SSTF members will not be allowed unescorted access to FBI space. Upon departure from the SSTF, each candidate will be given a security debriefing and reminded of the provisions contained in the non-disclosure agreement previously agreed to by the SSTF member. LIABILITY The participating agencies acknowledge that this MOU does not alter the applicable law governing civil liability, if any, arising from the conduct of personnel assigned to the SSTF. The participating agency shall immediately notify the FBI of any civil, administrative, or criminal claim, complaint, discovery request, or other request for information of which the agency receives notice, concerning or arising from the conduct of personnel assigned to the SSTF or otherwise relating to the SSTF. In the event that a civil claim or complaint is brought against a state or local officer assigned to the SSTF, the officer may request legal representation and/or defense by DOJ, under the circumstances and pursuant to the statutes and regulations identified below. For the limited purpose of defending against a civil claim arising from alleged negligent or wrongful conduct under common law under the FTCA, 28 U.S.C. § 1346(b), and §§ 2671- 2680: An officer who has been specially deputized and who is named as a defendant in a civil action as a result of or in connection with the performance of his or her official duties and assignments pursuant to this MOU may request to be certified by the Attorney General or his designee as having acted within the scope of federal employment at the time of the incident giving rise to the suit. 28 U.S.C. § 2679(d)(2). Upon such certification, the officer will be considered an "employee" of the United States government for the limited purpose of defending the civil claim under the FTCA, and the claim will proceed against the United States as sole defendant. 28 U.S.C. § 2679(d)(2). Once an individual is certified as an employee of the United States for purposes of the FTCA, the United States is substituted for the employee as the sole defendant with respect to any tort claims. Decisions regarding FOUO ORFFICIAL SENLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. íì FOUO ORFFICIAL SENLY certification of employment under the FTCA are made on a case-by-case basis, and the FBI cannot guarantee such certification to any SSTF member. For the limited purpose of defending against a civil claim arising from an alleged violation of the U.S. Constitution pursuant to 42 U.S.C. § 1983 or Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971): An officer who has been specially deputized and who is named as a defendant in a civil action as a result of or in connection with the performance of his or her official duties and assignments pursuant to this MOU may request individual-capacity representation by DOJ to defend against the claims. 28 C.F.R. §§ 50.15, 50.16. Any such request for individual-capacity representation must be made in the form of a letter from the individual defendant to the U.S. Attorney General. The letter should be provided to Chief Division Counsel (CDC) for the FBI Portland Division, who will then coordinate the request with the FBI Office of the General Counsel. In the event of an adverse judgment against the individual officer, he or she may request indemnification from DOJ. 28 C.F.R. § 50.15(c)(4). Requests for DOJ representation and indemnification are determined by DOJ on a case-by-case basis. The FBI cannot guarantee the United States will provide legal representation or indemnification to any federal, state or local law enforcement officer. Liability for any conduct by an SSTF member undertaken outside of the scope of his or her assigned duties and responsibilities under this MOU shall not be the responsibility of the FBI or the United States and shall be the sole responsibility of the respective employee and/or agency involved. DURATION The term of this MOU is for the duration of the SSTF's operations, contingent upon approval of necessary funding, but may be terminated at any time upon written mutual consent of the agency involved. Any participating agency may withdraw from the SSTF at any time by written notification to the SSA with designated oversight for investigative and personnel matters or program manager of the SSTF at least 30 days prior to withdrawal. Upon termination of this MOU, all equipment provided to the SSTF will be returned to the supplying agency/agencies. In addition, when an entity withdraws from the MOU, the entity will return equipment to the supplying agency/agencies. Similarly, remaining agencies will return to a withdrawing agency any unexpended equipment supplied by the withdrawing agency during any SSTF participation. MODIFICATIONS FOUO ORFFICIAL SENLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. íë FOUO ORFFICIAL SENLY This agreement may be modified at any time by written consent of all involved agencies. Modifications to this MOU shall have no force and effect unless such modifications are reduced to writing and signed by an authorized representative of each participating agency. SIGNATORIES ___________________________________________________________________ Arthur Balizan Special Agent in Charge Date Federal Bureau of Investigation ____________________________________________________________________ Scott D. Russell Chief Of Police Date Woodburn Police Department ____________________________________________________________________ Contracting Officer Date Federal Bureau of Investigation FOUO ORFFICIAL SENLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. íê ß¹»²¼¿ ×¬»³ May 24, 2010 TO: Honorable Mayor and City Council through City Administrator FROM: Dan Brown, Publics Works Director ACCEPTANCE OF A PUBLIC UTILITY EASEMENT ALONG SUBJECT: FRONTAGE OF 1002 N BOONES FERRY ROAD (TAX LOT 051W07CA00400) RECOMMENDATION: That Council accept a five foot Public Utility Easement granted by Legacy Health, property owners of 1002 N Boones Ferry Road in Woodburn, Oregon. BACKGROUND: As a condition of City Building Permit B10-042, Legacy Health was conditioned to provide a five foot public utility easement along the frontage of 1002 N Boones Ferry Road (Tax Lot 051W07CA00400). DISCUSSION: The Public Utility Easement is a portion of land measuring 5.0 feet wide by 209.86 feet long, and is located on the east side of N Boones Ferry Road along the westerly edge of the existing property line at 1002 N Boones Ferry Road. It provides a permanent easement and right-of-way to construct, reconstruct, operate, and maintain public utilities and structures. This easement acquisition will allow City utilities and franchise utilities to install needed utility infrastructure. FINANCIAL IMPACT: There is no cost to the City for this Public Utility Easement since it was a condition of City Building Permit B10-042. ATTACHMENTS A Copy of the properly signed public utility easement document is attached. Agenda Item Review: City Administrator __x____ City Attorney ___x___ Finance __x___ íé íè íç ìð ìï ß¹»²¼¿ ×¬»³ May 24, 2010 TO: Honorable Mayor and City Council through City Administrator FROM: Jim Row, Community Services Director SUBJECT: Teen Center Agreement RECOMMENDATION: It is recommended that the City Council authorize the City Administrator to enter into the attached Management Agreement with the Boys and Girls Club of Salem, Marion, and Polk Counties. BACKGROUND: The City has a seven year history of providing after school teen programming. Upon award of a federal “Drug Free Communities” grant in late 2002, the City began operating a teen drop-in program at the Legion and Settlemier Park facilities. The program, which was overseen by a full time program coordinator, ran uninterrupted for approximately 4 years. In mid 2006, federal funding expired, and the program closed. In spring 2007, modest funding provided by Police Activities League and Woodburn Together grants, permitted the City to reopen the Legion Park site under very limited staffing. With the addition of federal “Weed & Seed” funding, the City was able to open the Settlemier Park Center in fall 2008. The general fund provided required “Weed & Seed” match through its modest support of the teen program. With these funding mechanisms in place, both centers operated every weekday from 3:30-7:30 PM until early 2010. However, due to concerns raised late 2009 and early 2010, the City ceased operating the Teen Centers on February 2, 2010. This closure was initiated, pending an evaluation of the program’s operating policies and procedures, oversight, programmatic activities, hiring practices, and overall security, in order to ensure that the program would meet the high standards expected of the community. A temporary arrangement was made with the Woodburn School District to shift City Teen Center personnel to the after school programs at Valor Agenda Item Review: City Administrator ___x___ City Attorney ___x___ Finance __x___ ìî Honorable Mayor and City Council May 24, 2010 Page 2 and French Prairie Middle School, in order to ensure that Teen Center participants were provided with continued after school activities. This arrangement will continue through the remainder of the 2009-2010 school years. Following the closure of the Teen Centers, the City initiated a discussion with the Boys and Girls Club of Salem, Marion, and Polk Counties regarding their ability to assist in the evaluation of the teen program. More importantly, the discussion focused on their interest in operating the program in partnership with the City. Since the Boys and Girls Club has significant experience providing after school teen programming and is actively working with the Woodburn community to establish their presence here, they agreed to take the project on. They submitted a proposal to partner with the City in the operation of the teen program in April 2010. DISCUSSION: The enclosed management agreement with the Boys and Girls Club will formalize this partnership. The major tenants of the agreement include: The agreement will be for a period concluding June 30, 2011, with the o option to renew. The Boys and Girls Club will operate the Settlemier Park Teen Center four o hours per day, Monday through Friday, a minimum of 45 weeks per year. The Legion Park Center will remain closed, so that the Boys and Girls Club o can invest adequate resources into the Settlemier Teen Center Program. The Settlemier Center will be staffed by a Unit Director (29 hrs/ wk), o Program Director (22.5 hrs/ wk), and Program Assistant (22.5 hrs/ wk). The City will continue to pay all facility utility charges. o The City will continue to provide limited facility maintenance, janitorial, o and information services support to the Settlemier Park Teen Center. The City will remain a stakeholder in the operation of the teen program o and will have input into programming decisions. As available, the City will assign their AmeriCorps members to provide o support to teen program activities offered at the Settlemier Park Teen Center. The City will pay the Boys & Girls Club a monthly fee of $4,725 for their o services provided under the agreement. ìí Honorable Mayor and City Council May 24, 2010 Page 3 FINANCIAL IMPACT: The annual cost to the City under this agreement will be $56,693. Currently, the City spends approximately $55,000 annually on the Teen Program, with the general fund (leisure services) providing $33,000 and the federal Weed & Seed grant providing $22,000. The additional $1,693 in agreement costs will be provided by general fund resources currently allocated to the leisure services program. ìì MANAGEMENT AGREEMENT This Management Agreement (this “Agreement”) is made and entered into by and between The City of Woodburn, an Oregon municipal corporation (“City”) and Boys & Girls Club Of Salem, Marion, And Polk Counties Inc., an Oregon Non-profit Corporation (“Manager”) to be effective ___________, 2010. RECITALS , WHEREAS City has provided and managed after school teen center drop-in programs at the Legion Park and Settlemier Park Teen Centers since 2002; and , WHEREAS City desires to continue the teen center drop-in program; and , WHEREAS City believes that it will be more efficient and cost effective for it to contract with Manager to manage the teen center drop-in program; and , WHEREAS Manager represents that it has the expertise necessary for the management and operation of a teen center drop-in program based upon 40 years of working with young people from disadvantaged economic, social and family circumstances; NOW, THEREFORE, based upon the foregoing recitals, and the mutual covenants hereinafter set forth, the parties agree as follows: AGREEMENT 1.Definitions As used in this Agreement, the following terms shall have the following meanings: A. “Facility” shall mean the City’s teen center building (the “Facility”), located in the southwest corner of the Park that is available for use for the Program. B. “Park” shall mean the real property, known as Settlemier Park (the “Park”), on Settlemier Avenue consisting of approximately 10.4 acres. C. “Program” shall mean afterschool recreational, educational, and healthy lifestyles based activities for youth aged 13-18 as more fully set forth in this Agreement (the “Program”). 2.Use of the Facility Subject to the terms of this Agreement, City grants to Manager a permission to use its Facility to conduct the Program pursuant to this Agreement. Manager has inspected the Facility and accepts the same as is, with all faults, in its then existing condition. City expressly disclaims any Page 1- Management Agreement ìë warranty, expressed or implied, concerning the condition of the facility or its fitness for use for Manager’s purposes. 3.Term A. This Agreement shall be for a term beginning on the effective date indicated above and expiring at 11:59PM, June 30, 2011, unless renewed as provided herein. B. This Agreement may be renewed by mutual consent of the parties, which shall be effective from the date a succeeding agreement is signed by the parties. 4.Compensation City shall pay compensation to Manager for services rendered under this Agreement a management fee of $4,725.00 per month. The management fee shall be paid no later than the th 15 of the month for which services are rendered. 5.Program Management A. Responsibilities of Manager (1) The Program shall be managed by Manager as a teen center, providing after school recreational, educational, and healthy lifestyles based activities for youth aged 13-18, in accordance with the terms of this Agreement. Manager shall operate the Program in accordance with its original proposal, dated April 2010, and attached as Exhibit A. (2) Manager shall insure that the Program remains open four hours per day, Monday through Friday, a minimum of forty-five (45) weeks per year, except as closures for legal holidays, inclement weather, and facility repairs necessitate. (3) Manager shall provide City an ongoing opportunity to influence decisions regarding teen programming and the activities provided by Manager under this Agreement. (4) Manager shall not charge teen center participants fees in excess of $5.00 annually. (5) Manager shall control the scheduling of the Facility, but will cooperate with City in the use of the Facility for civic, public, or municipal events. Such use will be at no charge to City. In the event of such use, City shall restore the condition of the Facility to its condition prior to such use. (6) Manager shall secure the Facility and shall be solely responsible for the security of its personnel, property and equipment. City personnel shall have Page 2- Management Agreement ìê the authority to prohibit any activity when necessary to protect City property and equipment or the public health and safety; however this shall not decrease the liability of Manager in any way. (7) Manager shall permit reasonable and regular access, inspection and maintenance of the Facility by City. (8) Manager shall not interfere with public access to the Park during the hours it is open to the public and shall abide by all regulations adopted by City concerning the use of municipal parks. (9) Manager shall report annually to the Woodburn City Council on the Program and the status of upcoming events. B.Responsibilities of City (1) As available, and at the City’s sole discretion, City agrees to assign its AmeriCorps member to provide support to the Program. (2) City shall permit Manager to use certain City owned property, including on site furnishings, the telephone and computer system, and inventory of City owned property as of May 17, 2010, as listed on Exhibit B attached hereto. City may, at its sole discretion, remove City owned property from the Facility and disallow its use by Manager. (3) City shall provide maintenance to the Facility as provided in this Agreement. 6. Improvements Manager shall obtain City’s prior written approval before any modifications, alterations, or other changes (“Changes”) to the Facility are undertaken, even if temporary in nature. Any approved Changes to the Premises will be at Manager’s expense and Manager shall keep the Facility free from all liens, including construction, mechanics, and material man’s liens. Upon termination of this Agreement, Manager shall, at its sole expense, dismantle and remove any Changes to facilitate and restore the Facility to its original condition, normal wear and tear excepted. 7.Employees of Manager Manager shall employ such persons as may be required for the efficient operation of the Program. Manager shall comply with and be solely responsible for the requirements of all federal, state and local law and ordinances and regulations relating to minimum wages, social security, unemployment insurance and workers' compensation and shall not discriminate against any employee or applicant for employment because of race, sex, creed, religion, age, height, weight, color national origin, or disability. Page 3- Management Agreement ìé 8.Accounting A. Manager shall keep accurate books of account and records of all Program operations, such records shall be provided to the City within 10 days upon the City’s written request. B. City shall have the right to audit the books, financial statements, and financial data of Manager regarding the Program. 9.Facility Maintenance A.City Responsibilities. City is responsible for the following: (1) Heating, ventilation, and air conditioning systems; (2)Plumbing, electrical, mechanical systems; (3)Building structure; (4) Security and fire prevention systems; (5)Replacing lights in outside light standards; and maintaining interior light fixtures in good working order, including lamp replacement; (6)All gas, electric, sewer, water or other utility or service charges; (7)Basic janitorial services; (8)Rain gutters and down spouts; (9) Integrated building appliances and fixtures, such as sinks; and (10) Telephone and personal computer system. B. Manager Responsibilities. Manager is responsible for the following items: (1)Service and repair of office equipment and furnishings, excluding the telephone system and City owned personal computers; (2)Any interior redecorating of the Facility, including but not limited to interior painting, provided Manager has received prior City approval; (3) To keep the walks and entries in the Facility free and clear of ice, snow, rubbish, debris, and obstructions. (4) Any repairs necessitated by the negligence of Manager, its agents, Page 4- Management Agreement ìè employees, and invitees; and (5) Any repairs or alterations to the Facility necessary for Manager to comply with laws and regulations set forth in this Agreement. (6) Manager shall keep the Facility in a clean and orderly condition and ensure clean up after Program activities. 10. Insurance. A. For its activities under the Program, Manager shall procure and maintain the following insurance, which shall be primary in coverage, and shall name City as an additional insured: (1) General comprehensive liability insurance covering all claims with respect to injuries or damages to persons or property sustained in, on or about the Facility and Program activities away from the Facility and the appurtenances thereto, including the sidewalks and alleyways adjacent thereto, with limits of liability of no less than the following: personal injury and property damage liability - $2,000,000 each occurrence and $4,000,000 in the aggregate. (2) Automobile bodily injury and property damage liability covering all owned, non-owned, and hired vehicles with limits of liability no less than the following: $500,000 each occurrence (no aggregate applicable). (3) Worker’s compensation and employer’s liability insurance in respect of any work by employees of Manager on or about the Facility. (4) Physical damage insurance covering all Manager initiated improvements and City owned property on loan to Manager. Such coverage shall be in the amount of $100,000 and shall be written on a replacement cost basis. Such insurance shall be provided on as broad form property coverage as may be customary for commercial properties in the vicinity of the Facility. (5) Manager shall provide to City certificates of insurance and copies of policies obtained by Manager hereunder 10 days prior to occupying the Facility. Further, all policies of insurance obtained by Manager shall: (a)be written as primary policies not contributing with and not in excess of coverage that City may carry; (b)contain an endorsement providing that such insurance may not be materially changed, amended, or canceled with respect to City except after twenty (30) days’ prior written notice from insurance company to City; and Page 5- Management Agreement ìç (c)expressly provide that City shall not be required to give notice of accidents or claims and that City shall have no liability for premiums. 11.Indemnity A. Manager agrees to indemnify and hold harmless City, its officers and employees from and against any and all claims, loss, liability, damage, and expense arising from all of Manager’s activities related to the Program. Manager agrees to defend City, its officers or employees against any such claims. This provision does not apply to claims, loss, liability or damage or expense arising from the sole negligence, or willful misconduct, of City. B. City agrees to indemnify and hold harmless Manager, its officers and employees from any claims, loss, liability, damage, and expense arising from City activities at the Facility or the Park which are unrelated to Manager or the Program under this Agreement. 12. Force Majeure Neither party shall be deemed in default for nonperformance or for any interruption or delay in performance of any of the terms, covenants, and conditions of this Agreement if the same shall be due to any labor dispute, strike, lock-out, civil commotion, or like operation, invasion, rebellion, hostilities, military or usurped power, sabotage, governmental regulations or controls, inability to obtain labor, services or materials, or through act of God or causes beyond the reasonable control of either party, provided such cause is not due to the willful act or neglect of the party. 13.Default and Termination A. Termination by Manager for Default. This Agreement may be terminated by Manager upon default by City in the performance of any material covenant or agreement herein required to be performed by City and the failure of City to remedy such default within ten (10) days after receipt of a written notice from Manager to remedy the same. B. Termination by City for Default. This Agreement may be terminated by City upon the occurrence of default by Manager in the performance of any material covenant or agreement herein required to be performed by Manager and the failure of Manager to remedy such default within ten (10) days after receipt of a written notice from City to remedy the same. A default by Manager shall occur if Manager shall become insolvent, shall make a general assignment for the benefit of creditors, shall file a voluntary petition in bankruptcy or indebtedness under the federal bankruptcy laws, or shall consent to the appointment of a receiver, trustee, or liquidator of all or substantially all of its property. C. Termination by City for Convenience. Notwithstanding the above, City may terminate this Agreement for any reason and at its sole discretion if City determines that termination is in the best interest of City. In the event of such termination, City shall provide Manager with at least sixty (60) days written notice to end the Program and vacate the Facility. 14.Re-delivery of Facility Page 6- Management Agreement ëð Manager shall, upon termination of this Agreement, quit and deliver the Facility to City peaceably, quietly and in a condition as good or better as the same now exists, reasonable use and wear thereof excepted. Manager, at Manager’s expense, shall repair any damage to the Facility caused by or was the result of Manager’s use of the Facility. All keys and/or access cards shall be returned to the City. 15.Compliance with Laws A. Manager shall comply and conform with all laws and all governmental regulations, rules and orders that may from time to time be put into effect relating to, controlling or limiting its use of the Facility and operation of the Program. B. Manager shall comply with all applicable federal, state, and local laws and regulations, including those pertaining to nondiscrimination on the basis of race, gender, color, religion, national origin, age and disability in employment or the provision of services. C. Manager acknowledges that the Americans with Disabilities Act (the “ADA”) requires that programs, services and other activities provided by a public entity to the public, whether directly or through a contractor, must be accessible to the disabled public. Manager further acknowledges its obligation to comply with the ADA and any other federal, state or local disability rights legislation. Manager warrants that it will fulfill that obligation, and that it will not discriminate against disabled persons in the provision of services, benefits or activities pursuant to this Agreement. 16.Representations and Warranties Manager represents and warrants to the City and covenants as follows: A. Experience. Manager is experienced in aspects related to the operation and management of the Program and hereby agrees to apply its best efforts and most efficient methods. B. Formation. Manager is a nonprofit corporation duly incorporated, validly existing and in good standing under the laws of the State of Oregon. Manager shall at all times during the Term of this Agreement maintain its tax-exempt status under Sections 501(c)(3) of the Internal Revenue Code. C. Authority. Manager has full power and authority (corporate or otherwise) to enter into this Agreement and to consummate the transactions contemplated by it. This Agreement has been duly authorized by all necessary action on the part of Manager and no other corporate or other action on the part of Manager is necessary to authorize the execution and delivery of this Agreement. The individual executing this Agreement for Manager has full authority to do so and thereby to bind Manager to its terms. D. Litigation. There is no litigation, action, arbitration, grievance, Page 7- Management Agreement ëï administrative proceeding, suit or claim filed and pending, nor is there any investigation by a governmental agency of Manager or any of its affiliates that, if adversely decided, could have a material adverse impact on Manager’s ability to perform its obligations under this Agreement. 17.Authority of City Manager acknowledges that City has certain responsibilities as a City to review, approve, and enforce land use applications, building permit applications, design review applications, and a myriad of other duties in connection with the development of property. Notwithstanding any other term or provision of this Agreement, City shall not be contractually obligated under this Agreement to grant any approvals, consents, or authorizations in its nonproprietary capacity in connection with the review of Manager’s land use applications, building permit applications, design review applications, and any other types of applications. It is expressly understood that City does not intend and does not have the legal authority to contractually modify its authority to review, approve, and enforce such applications and decisions. 18. Non-assignment Manager shall not be entitled to assign this Agreement or delegate all or any part of its obligations without the written consent of City, which consent will not be unreasonably withheld. 19. General Provisions A. Modification.There are no oral agreements between City and Manager affecting this Agreement, and this Agreement may not be modified except by written instrument executed by the parties. B. Exhibits.Exhibit “A” (Manager’s original proposal) and “B” (List of City Owned Property that may be Used by Manager) are attached hereto, incorporated herein, and made a part of this Agreement. C. Waiver. If either City or Manager waives the performance of any term, covenant, or condition contained in this Agreement, such waiver shall not be deemed a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement. Failure by City or Manager to enforce any of the terms, covenants, or conditions of this Agreement for any length of time shall not be deemed a waiver. D. Severability. If any term of provision of this Agreement, shall be held to be invalid or unenforceable to any extent, the remainder of this Agreement shall not be affected thereby and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. E. Contract Coordinator. Page 8- Management Agreement ëî (1) The Contract Coordinator for City shall be the Director of Community Services. The City’s Contract Coordinator shall receive all written reports, financial statements, and other contract-related contacts from Manager and has the authority to execute documents necessary to implement this Agreement. (2) The Contract Coordinator for Manager shall be its Executive Director. The Executive Director shall provide all written reports, financial statements and other contract related documents required by City. F. Notices. All notices, consents, and demands which may or are required to be given by either party to the other party pursuant to the terms of this Agreement shall be in writing and shall be deemed given when actually received or forty-eight (48) hours after having been deposited in United States certified or registered mail, postage prepaid, and addressed to City or Manager at the address specified below. Owner: City of Woodburn 270 Montgomery Street Woodburn, OR 97071 Attn: Community Services Director Manager: Boys & Girls Club of Salem, Marion, and Polk Counties 1395 Summer St NE Salem, OR 97301 Attn: Executive Director G. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive, but shall, whenever possible, be cumulative with all other remedies at law or in equity. H. Attorney Fees. In any action brought by either party under this Agreement, the losing party shall pay to the prevailing party a reasonable sum for attorney fees in such action, or arbitration or appeal. I. Governing Law.Any disputes that arise under or concern this Agreement shall be governed by the laws of the State of Oregon. Page 9- Management Agreement ëí IN WITNESS WHEREOF , City and Manager have executed this Agreement in duplicate effective as of the date first above written. CITY: The City of Woodburn, Oregon By: Title: Date: MANAGER: Boys & Girls Club of Salem, Marion, and Polk Counties, an Oregon Non-profit Corporation By: Title: Date: Page 10- Management Agreement ëì Establishing Teen Cente Ar for the City of Woodburn A proposal to the City of Woodburn, Oregon requesting $56,693 to establish and maintain a Teen Center for youth aged 13 to 18. April 2010 ëë Contents Boys & Girls Club Mission and Overview ....................................................................3 Teen Center Concept ......................................................................................................3 Program Components .....................................................................................................4 Program Operations .......................................................................................................5 Program Benefits ............................................................................................................5 Budget ..............................................................................................................................6 Teen Center Proposal (2010) 2 Boys & Girls Clubs of Salem Marion and Polk Counties ëê Boys & Girls Club Mission and Overview Founded in 1970, through the cooperative efforts of several community groups including the Salem Optimists Club and the American Legion, the Boys & Girls Club of Salem, Marion and Polk Counties currently operates six highly successful neighborhood youth centers and community-wide athletic programs. The mission of the Boys & Girls Club of Salem, Marion and Polk Counties is to inspire and enable all youth grades 1-12, especially youth from disadvantaged circumstances, to realize their full potential as productive, responsible and caring citizens through the development of a positive self-image and self-reliance. In a world that seems threatening and devoid of promise for many of America’s children, the Boys & Girls Club of Salem, Marion and Polk Counties, provides a tangible measure of hope. The Club offers young people what they need and want most: adults who respect and listen to them; a safe environment where they can have fun and be themselves; and interesting, constructive activities that channel youthful energy into challenging pursuits. All Boys & Girls Club programs are based on a youth development strategy that builds self-confidence and self-esteem and fosters a sense of belonging, competence, usefulness and influence. For the past 40 years, the Boys & Girls Club of Salem has been in the forefront of youth development, working with young people from disadvantaged economic, social and family circumstances. The Club has actively sought to enrich the lives of girls and boys whom other youth agencies fail to reach. We are dedicated to ensuring that our community’s disadvantaged youngsters have greater access to quality programs and services that will enhance their lives and shape their futures. Teen Center Concept The Teen Center will target teens ages 13-18 that live in the greater Woodburn area and will be open after school, in the evenings to provide positive options to the discretionary time when teens are most influenced by negative activity. Teen specific programs will be offered that will directly impact teen’s immediate needs and future success as an adult. Programs that focus on education and career development will prepare teens for their future as an adult. Prevention programs will focus on crime, drug and alcohol use, and gang activity. Recreation and physical fitness programs will promote a healthy and active lifestyle. Arts and technology programs will support and enhance teen’s interests and potential career paths. We will work closely with the local school district and Chemeketa Community College to identify educational needs and specific job skill needs required for the greater Woodburn area. The Teen Center is ultimately a community development project. It will have long lasting impact on the entire community because it will provide character, education and life skill building opportunities that will enable young people to earn higher wages throughout their lives, have a better quality of life, and achieve their full potential as productive, responsible and caring adults. Teen Center Proposal (2010) 3 Boys & Girls Clubs of Salem Marion and Polk Counties ëé Program Components Boys & Girls Clubs offers a framework for youth development and proven, nationally recognized programs that provide young people with the knowledge and skills they need to pursue their dreams and succeed in life. Boys & Girls Clubs help youth advance in three primary outcome areas: academic success, healthy lifestyles, and good character and citizenship. For a detailed listing of our programs, please visit www.bgc-salem.org. Academic Success With a vision of ensuring that every Club member graduates from high school, Boys & Girls Club supports youth, engages parents, and collaborates with schools and community organizations. BGCA programs in this area include: Power Hour, a homework help and tutoring program; Goals for Graduation, an academic goal-setting program; CareerLaunch®, which introduces young people to the world of work; Money Matters: Make it Count, a financial literacy program; and Club Tech, which teaches young people how to use technology. Healthy Lifestyles Over the last 50 years, the childhood obesity rate has quadrupled. Today, some 16 percent of children are obese, and one-third are overweight. In addition, an increasing number of American youth are engaging in risky behaviors. Boys & Girls Club helps put youth on the path to healthy and productive lives through programs such as: Triple Play: A Game Plan for the Mind, Body and Soul, a holistic approach to educating youth about nutrition, physical fitness, and developing healthy relationships; and SMART Moves (Skills Mastery and Resistance Training), which helps young people resist drug use and premature sexual activity by enhancing their life skills, building their resiliency and strengthening leadership abilities. Good Character and Citizenship Youth who are engaged in community service tend to do better in school, avoid risky behaviors, and maintain positive relationships with adults and peers. In this area, Boys & Girls Club offers: Youth of the Year, a program that promotes and recognizes young people who have overcome tremendous obstacles, and excelled in academic performance and community service; and Leadership and service groups, such as Keystone Clubs (for teens ages 13- 18), which encourage young people to become leaders through service to their Club and community. Teen Center Proposal (2010) 4 Boys & Girls Clubs of Salem Marion and Polk Counties ëè Program Operations The proposed hours of operation would be on a weekly basis Monday – Friday operating on a four hour per day schedule. The Teen Center will operate 45 weeks out of the year. Trained professional youth development staff and certified volunteers will be leading all program related activities. The current staffing structure would consist of the following positions which are directly supervised by the Director of Operations: Unit Director 29 Hours Program Director 22.5 Hours Program Assistant 22.5 Hours Program Benefits As a result of taking part in the Teen Center programs, members: develop and strengthen leadership skills understand and value volunteerism and feel special when involved in Club or community service projects are seen as positive role models and respected by peers, family, school personnel, community and Club staff are introduced to a possible career in Boys & Girls Club work and other human services professions assist staff in “making a difference” in the lives of youth exhibit a sense of pride in their responsibilities and are perceived as contributors learn how to set goals and maintain direction receive exposure to a variety of areas in the Club as well as in the community learn important decision-making skills to prepare and plan their future. Typically, participation in a Boys & Girls Club Teen Center leads to improved attendance and better grades in school, improved work habits, increased involvement in community affairs, improved self-image and greater self- confidence. Teen Center Proposal (2010) 5 Boys & Girls Clubs of Salem Marion and Polk Counties ëç Proposed Budget Cost Description of Expenses Staffing$46,193 Unit Director 29 Hours $15.50 = $20,228 Program Director 22.5 Hours $9.50 = $9,619 Program Assistant 22.5 Hours $9.00 = $9,113 Taxes = $4,219 Health Insurance (62.5%) =$2,634 Pension (62.5%) =$380 Administration Support Payroll =$450 $7,750 Office Supplies =$300 General Liability =$1,500 Administration Support Services =$4,000 Vehicle Mileage/Fuel =$1,500 Supplies: program materials, furnishings & supplies $2,000 Transportation costs: field trips, local college visitations, and team building field trips $750 Program Expenses Requested from the City of Woodburn $56,693 Teen Center Proposal (2010) 6 Boys & Girls Clubs of Salem Marion and Polk Counties êð Inventory of City Owned Property Settlemier Teen Center Building As of May 17, 2010 General Area 27” TV with stand VCR DVD Player Nintendo 64 with some games Nintendo Wii with some games Radio with CD Player Pokémon stand up game Microwave 2 Billiards tables Air hockey table 6’ x 4’ White board mounted to wall Bike rack 12 non-folding chairs 3 Sofas 6’ Book shelf Office Telephone Cordless telephone Telephone system Computer with internet B&W laser printer Desk & office chair Stand up file cabinet Hutch with additional filing space Mini-refrigerator First aid kit Computer Room 3 Computers with internet B&W printer Bean bag chair Office chairs êï ß¹»²¼¿ ×¬»³ May 24, 2010 TO: Honorable Mayor and City Council through City Administrator FROM: Ignacio Palacios, Finance Director SUBJECT: Woodburn Fire District Network Support Agreement RECOMMENDATION Authorize the City Administrator to execute an Intergovernmental Agreement with Woodburn Rural Fire Protection District No. 6 to provide computer and network support. BACKGROUND The Woodburn Fire District approached the City about providing network support services. Currently, the City provides network support to several local governments and districts in the area providing network support, equipment and software installation. The Woodburn Fire District has approved the attached agreement to provide network support services and Chief Iverson will be in attendance at the City Council meeting. The proposed support will take approximately 8 hours per month to provide adequate coverage to be covered by Information Services. FINANCIAL IMPACT The agreement would supplement the IS department’s revenue by approximately $4,800 annually. Agenda Item Review: City Administrator ___X__ City Attorney ___X__ Finance __X__ êî Agreement Computer and Network Support This Agreement is made to engage the services of City of Woodburn (“the City”) to provide Computer and Network Support to the Woodburn Rural Fire Protection District No. 6 (“the District”); and is made under the authority of ORS 190.003 to 190.110. In consideration of mutual benefits and obligations herein set forth, the parties agree as follows: 1.Scope of Services 1.1.The City shall provide support for and maintenance of desktop computers, printers, servers, and any other computer related equipment for the District. All ownership rights to said equipment shall remain with the District. 1.2.The City will help setup and/or relocate any computer related equipment. Network drop locations, power receptacle locations, and furniture relocation will be the responsibility of the District. 1.3.The City will work with hardware and software vendor support to resolve issues. If items need to be returned to the vendor for support the District will take care of and pay for any shipping and handling charges. 1.4.The City will not provide any physical hardware but will help make hardware choice recommendations and work with the District to order any necessary hardware. 1.5.The City will work with the District to backup and maintain the District’s data. 1.6.Support will be provided during normal business hours, 8am – 5pm Monday through Friday. After-hours support will be available Monday through Friday but will be limited to 2 calls per month and lasting no more than 2 hours each. If additional after-hours or weekend support is needed, it will be available on a mutually agreed upon time frame. 2.Limitations of Services 2.1The City shall, at its sole discretion, select which personnel will provide services under this Agreement. Page 1- Agreement/Computer and Network Support êí 2.2The City shall be the sole employer of any and all personnel providing services under this Agreement. The City reserves the right to prioritize the workload of its personnel. 3.Fees and Charges 3.1.Services rendered will be charged at $50 per hour (regular hourly rate) and be based on quarter-hour increments. 3.2.After-hours and weekend support services under this Agreement shall be billed at a rate of one and one-half (1.5) times the regular hourly rate. 3.3.Time spent traveling will be added to the hourly rate billed, but there will be no additional travel costs billed. 3.4.Since the City will not be providing any hardware, all hardware costs will be the responsibility of the District. 4.Billing and Payment 4.1.The hourly charges shall be billed quarterly. 5.Security 5.1.The City will use the existing encrypted VPN connection to remotely access the District’s computers and help troubleshoot and resolve issues. 5.2.The City will not release any of the District’s information unless directed to do so by the District. 6.Standard of Care/Limitation of Liability 6.1.The City assumes no liability for the accuracy of any data on the District’s network. 6.2.The City agrees that all service under this Agreement will be performed in a professional manner with the degree of care and skill ordinarily exercised under similar circumstances by professionals practicing in the State of Oregon. 6.3.The District understands and agrees that the City shall not be liable to the District Page 2- Agreement/Computer and Network Support êì for any damage that may occur while the District’s computer system is being serviced by the City, including liability for indirect, special, exemplary or consequential damages. 7.Terms and Termination 7.1.This Agreement shall be effective upon execution hereof on behalf of both parties, and shall continue until terminated as provided in 7.2. 7.2.This Agreement may be terminated by either party upon (30) days written notice. 7.3.Notwithstanding the giving of notice of termination as provided in 7.2, the District shall remain obligated with respect to any unfulfilled financial obligation which accrued hereunder prior to the effective date of such termination. 8.Communication and Notice 8.1.Any notice in writing required to be given hereunder shall be sufficient if sent by regular mail or personally delivered to the City Administrator of the City and to the Fire Chief of the District. 8.2.Each party shall designate, and may change from time to time, a representative for communication, negotiations, and general liaison with the other concerning the content, future and administration of this Agreement. 9.Amendments 9.1.This Agreement represents the complete and integrated agreement between the parties with respect to the subject matter hereof, and may be amended only by written amendment executed by both parties. As such, this Agreement cancels and supersedes all prior written and oral agreements, representations, negotiations, and communications between the parties and their representatives with respect to the subject matter hereof. Page 3- Agreement/Computer and Network Support êë IN WITNESS WHEREOF the parties have caused the Agreement to be executed on behalf by their duly authorized representatives as of the dates set forth below. City of Woodburn Woodburn Rural Fire Protection District No. 6 By: _______________________________ By:_______________________________ Scott C. Derickson, City Administrator Paul Iverson, Fire Chief Date: ______________________________ Date: _____________________________ Page 4- Agreement/Computer and Network Support êê ß¹»²¼¿ ×¬»³ May 24, 2010 TO: Honorable Mayor and City Council through City Administrator FROM: Jim Hendryx, Director of Economic and Development Services SUBJECT: Planning Commission approval of Kalugin Estates subdivision RECOMMENDATION: No action is recommended. This item is placed before the Council for information purposes in compliance with the Woodburn Development Ordinance. The Council may call up this item for review if it desires. BACKGROUND: The property owner, Lazar Kalugin, requested approval of a 9 lot subdivision located south of Hardcastle Avenue, between Dunn Court and Orchard Lane (east of Highway 99E.) He also requested a variance for lot width and area for Lot 1, a variance for lot depth and area for Lot 6, and a street exception for improvements to Hardcastle Avenue. The Planning Commission conducted a public hearing on May 13, 2010 and approved the applications subject to conditions. The decision did not require specific public street improvements at this time but did require the owner to sign a non-remonstrance document for participation in future street improvements. DISCUSSION: None. FINANCIAL IMPACT: This decision is anticipated to have no public sector financial impact. Agenda Item Review: City Administrator ___x___ City Attorney __x____ Finance __x___ êé êè êç