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07-12-2010 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 J12,2010–7:00.. ULY 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. The Settlemier Teen Center Boys & Girls Club Grand Opening will take place July 16 from 12:30 – 5pm with a free community th BBQ, music, skateboarding, and breakdancing. B. Downtown Transit Facility Open house July 21 from 10:00 am to st noon. Appointments: None. 4. PROCLAMATIONS/PRESENTATIONS Proclamations: None. Presentations: A. Access to Ordinances Project 1 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 ööØ¿¾®? ·²¬7®°®»¬»­ ¼·­°±²·¾´»­ °¿®¿ ¿¯«7´´¿­ °»®­±²¿­ ¯«» ²± ¸¿¾´¿² ײ¹´7­ô °®»ª·± ¿½«»®¼±ò ݱ³«²3¯«»­» ¿´ øëðí÷ çèðóîìèëòöö July 12, 2010 Council AgendaPage i for Council consideration not already scheduled on the agenda. – 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 June 28, 2010 3 Recommended Action: Approve the minutes. B.Woodburn Planning Commission minutes of May 25, 2010 7 Recommended Action: Accept the minutes. C.Woodburn Planning Commission minutes of June 10, 2010 9 Recommended Action: Accept the minutes. D.Crime Statistics through June 2010 12 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. 2834 –A Resolution Establishing Woodburn 16 Enterprise Zone Local Incentives Recommended Action: Adopt the Resolution B.Water Supply System Disinfection Briefing 20 Recommended Action: Upon receipt of briefing, Council provides staff approval, approval with modifications or disapproval of the preliminary design findings and recommendations regarding pursuit of this public improvement project. C.Gervais Network Support Agreement 25 Recommended Action: Authorize the City Administrator to July 12, 2010 Council AgendaPage ii execute an Intergovernmental Agreement with the City of Gervais 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. None. 13. CITY ADMINISTRATOR’S REPORT 14. MAYOR AND COUNCIL REPORTS 15. ADJOURNMENT July 12, 2010 Council AgendaPage iii ß¹»²¼¿ ׬»³ July 12, 2010 TO: Honorable Mayor and City Council FROM: N. Robert Shields, City Attorney SUBJECT: Access to Ordinances Project COUNCIL GOAL: Refine City Policies. Complete long-range financial plan; create clear municipal regulations and codes for greater understanding and eliminate unnecessary over-regulation. RECOMMENDATION: This report is for information only and was prepared to accompany the ordinance demonstration at Council meeting. BACKGROUND & DISCUSSION With the assistance of the IS Manager Brian Miles, Network Administrator Tim Quinn and Executive/Legal Assistant Heather Pierson, the ordinances have been completely updated and integrated into a new searchable format that will be demonstrated at the Council meeting. Here are the major improvements: All ordinances have been checked and are up to date as of this Council meeting In the future, in coordination with the City Recorder, all ordinance updates will be posted on line at the time they are effective. The Table of Contents contains direct links to each ordinance listed The Woodburn Development Ordinance (WDO) was checked, updated and integrated into the other ordinances. Historically, the Planning Division separately maintained this document. Agenda Item Review: City Administrator ___x___ City Attorney ___x___ Finance __x___ ï Honorable Mayor and City Council July 12, 2010 Page 2 The integration of the WDO with the other ordinances allows all ordinances to be searched simultaneously with just one search. The advanced features of the ordinance search tool will be demonstrated at the Council meeting. The “Woodburn Documents” folder of City Councilor laptops has been updated to contain all the new information. Because the ordinance document we created is a MS Word based PDF, and not just a scanned image, it can be cut and pasted into a text document and is compatible with Screen Reader programs to assist the visually impaired. The City Recorder, of course, will continue to maintain the original copies of all ordinances. Hard copies of the updated ordinance compilation will be maintained in the Library and City Attorney’s office. FINANCIAL IMPACT: None. î COUNCIL MEETING MINUTES June 28, 2010 ôêïî DATE: COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, 0:38 COUNTY OF MARION, STATE OF OREGON, JUNE 28, 2010. CONVENED: The meeting convened at 7:39 p.m. (after Urban Renewal Agency Meeting) with Mayor Figley presiding. ROLL CALL: Mayor Figley Present Councilor Cox Present Councilor Lonergan Present Councilor McCallum Present Councilor Morris Present Councilor Pugh Present Councilor Schmidt Present Staff Present: City Administrator Derickson, Assistant City Administrator Stevens, Assistant City Attorney Stuart, Police Chief Russell, Police Captain Garrett, Public Works Director Brown, Economic & Community Development Director Hendryx, Community Services Director Row, Transit Division Manager Warner, City Recorder Shearer. ANNOUNCEMENTS: 0:38 A.In observance of Independence Day, City Hall offices and the Library will be closed thth Monday, July 5. The Aquatic Center will be closed Sunday, July 4. thth B.Wave Broadband 4 of July Celebration – Sunday, July 4 6:00-11:00 pm Fireworks @ 10:00 pm Centennial Park. Featuring family activities, face painting, bounce houses, kids games and activities, music, entertainment, and a fabulous fireworks show! Admission is free and concessions will be available for purchase. PROCLAMATIONS: 0:41 A.National Recreation and Parks Month B.Robin Murbach day PRESENTATIONS: 0:45 A.Transit Briefing – Public Works Director Brown gave a presentation on the Transit plan update project. B.Woodburn Development Ordinance (WDO) Update – Economic and Community Development Director Hendryx gave a presentation on efforts to update the WDO. (1:27) COMMITTEE REPORTS: 1:40 A.Chamber of Commerce – none. B.Woodburn School District – none. Page 1 - Council Meeting Minutes, June 28, 2010 í COUNCIL MEETING MINUTES June 28, 2010 ôêïî BUSINESS FROM THE PUBLIC: 1:42 No one wished to address Council. CONSENT AGENDA: 1:43 A.approve the Woodburn City Council minutes of June 14, 2010; B.accept the Woodburn Park and Recreation Board minutes of June 8, 2010 C.accept the Community Services Statistics for May 2010 D.accept the Woodburn Planning Commission minutes of May 27, 2010; and E.accept the Building Activity report for May 2010. Pugh/McCallum ... adopt the Consent Agenda. The motion passed unanimously. TABLED BUSINESS: 1:43 COUNCIL BILL 2814 – A RESOLUTION MODIFYING THE BUSINESS ASSISTANCE LOAN PROGRAM GUIDELINES . Pugh/McCallum … move to remove Council Bill 2814 from the table and remove from the Council agenda. Council discussed the effect of removing the bill from the table. The motion passed unanimously. PUBLIC HEARING – UNITED DISPOSAL RATE ADJUSTMENT 1:51 Mayor Figley declared the hearing open at 8:50 pm for the purpose of hearing public input on the proposed United Disposal rate adjustment. City Administrator Derickson provided a staff report on proposal. Robin Murbach of United Disposal (Allied Waste) provided a report on the proposal to Council. Councilor Lonergan stated that although he is employed by a Washington County division of United Disposal, he has no financial interest in the Marion County division. Therefore, as Council had no objection, he retained his voting status on this issue. Council discussed the proposed rate adjustment and the necessity for it; requesting additional clarification from Ms. Murbach. Councilor Schmidt expressed concern for the impact on residents given the economic downturn and high unemployment rates in Woodburn. Dagmar Kinne of 586 Grant St spoke in support of the adjustment and had a suggestion for an alternative billing method. No one wished to speak in opposition to the rate adjustment. Mayor Figley declared the hearing closed at 9:15 pm. COUNCIL BILL NO. 2833 – A RESOLUTION GRANTING UNITED DISPOSAL 2:16 SERVICE, INC. AN ADJUSTED RATE SCHEDULE FOR PROVIDING SOLID WASTE SERVICE WITHIN THE CITY OF WOODBURN AND REPEALING RESOLUTION 1833. McCallum introduced Council Bill No. 2833. 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 5-1 with Councilor Schmidt voting nay. Mayor Figley declared Council Bill No. 2833 duly passed.  Page 2 - Council Meeting Minutes, June 28, 2010 ì COUNCIL MEETING MINUTES June 28, 2010 ôêïî ENTERPRISE ZONE – LOCAL INCENTIVES 2:17 Economic & Community Development Director Hendryx provided a staff report recommending local incentives to work with the recently approved Enterprise Zone designation. Council expressed general support for the incentives listed in the staff report and requested that a resolution be brought before them for approval.  AUTHORIZATION TO APPLY FOR STATE GRANT FUNDING (ODOT URBAN 2:34 TRAIL FUND 2010) WYFFELS PARK MILL CREEK TRAIL SEGMENT Public Works Director Brown gave a staff report outlining the proposed grant application. Cox/Lonergan ...authorize the City Administrator to apply for an Oregon Department of Transportation (ODOT), Urban Trail Fund Grant. The motion passed unanimously. LAND USE DECISION – PLANNING COMMISSION APPROVAL OF CASES 2:39 DR 2010-03, EXCP 2010-03, AND PA 2010-01 FOR THE CAPACES LEADERSHIP INSTITUTE The Council declined to call this item up for review. LAND USE DECISION – DIRECTOR’S APPROVAL OF A TYPE II DESIGN 2:40 REVIEW FOR A GARAGE AND STORAGE BUILDING AT 211 PARR ROAD (HOPE LUTHERAN CHURCH) The Council declined to call this item up for review. CITY ADMINISTRATOR’S REPORT: 2:40 A.Sign enforcement actions have gathered 130 illegal signs. Other stakeholders have been notified verbally and by letter. An improvement in sign violations has been noted. MAYOR AND COUNCIL REPORTS: 2:41 Councilor McCallum inquired about signs and business licenses for temporary fireworks businesses. Administrator Derickson stated that vendors are being monitored for compliance. Councilor Schmidt reminded Council and Staff about the Kiwanis breakfast on July th 4. Councilors Pugh and Schmidt had questions regarding mowing frequency for City properties. Councilor Cox announced his intention to file for re-election. Councilor Morris requested that illegal fireworks and firearms enforcement be stepped up during the holiday. Page 3 - Council Meeting Minutes, June 28, 2010 ë COUNCIL MEETING MINUTES June 28, 2010 ôêïî ADJOURNMENT: 2:55 McCallum/Pugh… meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:55 p.m. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Christina M. Shearer, Recorder City of Woodburn, Oregon Page 4 - Council Meeting Minutes, June 28, 2010 ê é è ç ïð ïï ïî ïí ïì ïë ß¹»²¼¿ ׬»³ July 12, 2010 TO: Honorable Mayor and City Council through City Adminstrator FROM: Jim Hendryx, Economic and Development Services Director SUBJECT: Resolution -Enterprise Zone Local Incentives RECOMMENDATION Adopt the attached resolution. BACKGROUND A key goal established by the Council is to promote economic development by revisiting the City’s economic strategy regarding business attraction, retention and sustainability. This past March, in recognition of this goal, the Council passed Resolution 1961, initiating an Enterprise Zone application with the State of Oregon’s Business Oregon Department on behalf of the City of Woodburn. Woodburn’s Enterprise Zone designation became official on July 1, 2010. The Enterprise Zone Program provides specific tax incentives for qualifying businesses located within designated Enterprise Zones. Local incentives, offered in addition to the State’s incentive program, further the attractiveness of such programs. On June 28, 2010, the City Council reached a policy consensus on Enterprise Zone local incentives in Woodburn, complementing the State’s Enterprise Zone Program. These incentives will be available to all qualified applicants under the program. DISCUSSION: Oregon’s Enterprise Zone program was developed in the 1980’s to assist economically struggling communities retain and recruit new businesses. Today, there are over 50 Enterprise Zones in Oregon, with Woodburn being one of the newest additions to the program. Local incentives differentiate one program from another and demonstrate local commitment for retaining and/or attracting new businesses. Taken together, the Enterprise Zone and a local Agenda Item Review: City Administrator __x____ City Attorney ___x___ Finance __x___ ïê Honorable Mayor and City Council July 12, 2010 Page 2 incentives package carry out the Council’s goal of business attraction, retention and sustainability. The City Council reached a policy consensus on Enterprise Zone local incentives at its June 28, 2010 meeting. Enterprise Zone local Incentives include: 1.An expedited permit process for Enterprise Zone projects 2.Waiver of 50% of land-use fees for businesses qualifying for the Enterprise Zone 3.A waiver of 100% of land-use fees for businesses qualifying for the Enterprise Zone that also meet the 150% salary and benefitthreshold of county median income 4.Waiver of the following fees for qualifying businesses: a.Sign permit fee b.Business license fee c.Pre-application fee d.Expedited review fee e.Water and sewer hook-up fees (up to $2,000) f.Enterprise Zone application fees FINANCIAL IMPACT: Exact impacts are dependent upon a several variables, such as the number of businesses qualifying yearly for incentives, the size of the project, the size of water meters, etc. Amounts associated with a significant project (200,000+ sq. ft.) would total approximately $20,000, while businesses simply installing new machinery would have no discernible financial impact on City revenue. ïé COUNCIL BILL NO. 2834 RESOLUTION NO. 1974 A RESOLUTION DIRECTING THE CITY ADMINISTRATOR TO IMPLEMENT CERTAIN LOCAL INCENTIVES FOR THE WOODBURN ENTERPRISE ZONE CONSISTENT WITH THE POLICY DIRECTION GIVEN BY THE CITY COUNCIL , the City applied under the Oregon Enterprise Zone Act (ORS WHEREAS 285C.0502 to 285C.250) for designation of an Enterprise Zone within its corporate city limits; and in its application for an Enterprise Zone the City committed to WHEREAS , considering local incentives to qualifying businesses within the proposed Enterprise Zone; and , on July 1, 2010 the State of Oregon approved the City’s WHEREAS Enterprise Zone application and designated all property within the corporate city limits of Woodburn as an Enterprise Zone; and , at its meeting on June 28, 2010, the City Council discussed the WHEREAS merits of providing local incentives in addition to the State of Oregon Enterprise Zone incentives and took the position that local incentives are good public policy; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: The City Council finds that the establishment of Enterprise Section 1. Zone incentives encourages new business investments, job creation, higher incomes for local residents and greater diversity of economic activity. The City Council further finds that the availability of local Section 2. Enterprise Zone incentives will provide employment and facilitate the expansion of facilities. The City Administrator shall, through the Economic and Section 3. Development Services Director, make the following local Enterprise Zone incentives available to all applicants who qualify under the Enterprise Zone criteria, consistent with state law: 1.Expedited permit processing 2.Waiver of 50% of land use fees Page – Council Bill No. 2834 1 Resolution No. 1974 ïè 3.Waiver of 100% of land use fees for applicants who meet the 150% salary and benefitthreshold of county median income 4.Waiver of the following fees: a.Sign permit fees b.Business license fees c.Pre-application fees d.Expedited review fees e.Water and sewer hook-up fees (up to $2,000) f.Enterprise Zone application fees Approved as to form: City Attorney Date Approved: Kathryn Figley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Christina Shearer, City Recorder City of Woodburn, Oregon Page – Council Bill No. 2834 2 Resolution No. 1974 ïç ß¹»²¼¿ ׬»³ July 12, 2010 TO: Honorable Mayor and City Council through City Administrator FROM: Dan Brown, Public Works Director SUBJECT: WATER SUPPLY SYSTEM DISINFECTION BRIEFING RECOMMENDATION: That the City Council be provided a briefing on the Water Supply System Disinfection public improvement project. The Public Works Department has identified a preferred method of disinfection and is ready to purchase equipment, complete design, prepare contract documents, and to conduct public outreach. Upon receipt of the briefing, Council provides staff approval, approval with modifications, or disapproval of the preliminary design findings and recommendations regarding pursuit of this public improvement project. BACKGROUND: The Council approved by Resolution 1953 on December 14, 2009, providing authorization for the Public Works Department to expend funds for primary and secondary disinfection of the water supply system in accordance with best practices and federal and state regulatory guidelines. Council directed the Public Works Department to provide them a briefing when the technical analysis was completed and a methodology for providing the disinfection had been determined. DISCUSSION: The City of Woodburn has acquired the professional services of the firm Murray, Smith, and Associates to design the water supply disinfection system. The firm Confluence Engineering Group, LLC, is the sub-consultant providing biological, bacterial, and chemical analysis of the existing water supply system. The testing and analysis of the existing water system has taken more time than originally estimated and the disinfection installation project is approximately one month behind the original schedule. Agenda Item Review: City Administrator __x___ City Attorney ___x___ Finance __x___ îð Honorable Mayor and City Council July 12, 2010 Page 2 A bench-testing program was developed to allow for the assessment of various disinfection processes in City water sources. The program involved the use of simulated distribution system tests under batch conditions to represent chemical reactions that may occur as water ages and travels through the distribution system. In addition to source testing, the program was coupled with high- velocity flushing activities at select system sites to collect distribution system flush water (DSFW) samples that were tested to assess the impact of chloramine reactions with pipe surfaces, biofilm, etc. These interactions typically lead to worst-case demand conditions and thus have a major impact on design criteria for chlorine dosing and equipment sizing. The analysis completed included chloramine/breakpoint bench-testing program and initial system monitoring effort collectively provide critical information for disinfection design and implementation. The key findings from these tasks have been distilled into the following conclusions and recommendations. Chloramine Dose and Residual For monochloramine production, chlorine should be injected and completely mixed immediately after the filters in the common filtrate header. A more detailed analysis of post chlorine dosing residence time in the filtrate piping and existing sample line should be performed to confirm sufficient reaction time is available prior to sample collection and on-line analyzers. The City should be aware of potential issues associated with reaction kinetic limitations if long-term operation in a breakpoint free chlorination mode is desired. The target operating chlorine dose is dependent on the extent of chloramine demand/decay. Based on bench-testing results, design doses of 3.5 mg/L and 7.5 mg/L should be used for chloramine and breakpoint free chlorine applications, respectively. Based on a 5:1 ratio, a design chlorine dose of 3.5 mg/L requires 0.7 mg/L of ammonia-nitrogen. The 7.5 mg/L dose for breakpoint free chlorination is based on a typical upper- limit ammonia-nitrogen level of 0.5 mg/L in the well supplies. Based on limited available data, the typical ammonia-nitrogen concentration in the well supplies is 0.4-0.5 mg/L. The City should continue to monitor ammonia concentration in each well to establish baseline conditions. The chlorine dose will be limited to five times the ammonia îï Honorable Mayor and City Council July 12, 2010 Page 3 level; therefore, the levels of naturally-occurring ammonia may constrain the maximum chlorine dose and chloramine residual. Supplemental ammonia addition may be required if distribution system monitoring indicates the need for sustained operation at higher chlorine doses, which could occur if excessive chloramine demand/decay occurs. Provisions for supplemental ammonia addition should be considered early in design, e.g., space allocation, possible dosing locations. A minimum monochloramine residual of 1.5 mg/L as Cl2 should be targeted in the distribution system, at least initially. This residual is consistent with reported levels for effective midge larvae control. It is also a fairly typical lower-level maintained by utilities that use chloramination for secondary disinfection. Depending on monitored system response, revised and/or seasonal residual targets can be developed in the future. Organic nitrogen may be present in the water supplies; however, organochloramine formation was not observed. Chloramine demand/decay is exerted over time by constituents in the bulk water as well as through pipe wall effects. The latter is significant under current system conditions, likely due to existence of biofilm and deposited material. Consequences of chloramine demand/decay include: higher chlorine doses (higher costs); higher ammonia levels (and possible need for supplemental ammonia system); higher potential for chlorine-related taste-and-odor issues; potentially higher disinfection by- product (DBP) formation; and higher levels of free ammonia release (increased nitrification potential and nitrite-catalyzed decay). Process Control The City water supplies are “well-behaved” with regard to breakpoint profile development, i.e., chlorine responses as a function of Cl2:NH3-N are internally consistent between the wells and closely match theoretical predictions. Maximum monochloramine formation occurs at a Cl2:NH3-N mass ratio of 5:1, while breakpoint occurs at a ratio of about 10:1. The breakpoint profiles contain critical information for process operation, monitoring, control, and troubleshooting. Monitoring of total chlorine, total ammonia, and free ammonia will be needed for accurate process control. Select HACH bench-top spectrophotometric methods were demonstrated to be reliable for these îî Honorable Mayor and City Council July 12, 2010 Page 4 parameters. The City will need to procure additional instruments/analyzers for these methods. Two key objectives of chloramine formation and nitrification control are to maximize the yield as monochloramine and minimize free ammonia residual. These are achieved by maintaining Cl2:NH3-N ratio of 4.5-5:1 and a pH above 7.5. Tight control of the Cl2:NH3-N ratio is particularly critical. Lower ratios result in free ammonia directly entering the system, which can stimulate nitrifying bacteria. Ratios above 5:1 result in depletion of chlorine residual, chemical overuse, and formation of taste and odor-causing di- and tri-chloramine compounds. Nitrification/Biofilm/Midge Fly Larvae Control The City’s distribution system is already colonized with AOB/NOB bacteria and is currently nitrified. To suppress these bacteria and help stabilize chloramine residual, it may be necessary to practice a period of free chlorination (i.e., chlorine “burn) at disinfection startup, and occasionally in the future as needed. This is a fairly common practice employed by chloraminating utilities. The need to perform free chlorine burns should be considered when selecting the method of chlorine supply and when sizing the equipment. The existing nitrified condition of the system and observations of significant chloramine demand/ decay during bench-testing suggest that ammonia release and nitrite-catalyzed chloramine decay could accelerate the loss of residual beyond conditions demonstrated in bench-testing. Stabilization of the monochloramine residual is a critical measure to help protect against this condition. An aggressive system-wide cleaning program should be implemented prior to disinfection start-up to remove demand-exerting substances from the distribution system. This may also help to “unprotect” midge larvae and nitrifying bacteria, allowing them to be more readily inactivated by chloramines. The cleaning program should employ high-velocity unidirectional flushing and reservoir cleaning. Repeat flushing should be perform after a period of disinfection application to help remove deposits, biofilm, and associated bacteria and larvae that may have been destabilized by chloramine. îí Honorable Mayor and City Council July 12, 2010 Page 5 Unidirectional flushing and other system cleaning practices should be applied as needed in the future to help ensure chloramine effectiveness and residual stability. The implementation of a Nitrification Control and Response Plan and associated routine monitoring will be key elements of a successful disinfection program. An addendum to the Consultant’s scope of work was issued for an evaluation of methods and costs estimates for the addition of supplemental ammonia to the treatment process. Initial analysis indicates that the presence of naturally occurring ammonia in the City’s water supply will be sufficient to support the formation of chloramines. However, we do not know the source or historical consistency of the naturally occurring ammonia in the water supply. This uncertainty required us to identify how and how much it would cost to add ammonia to the water treatment process in the event that the naturally occurring ammonia is not sufficient to sustain the required formation of chloramines needed for disinfection. As a result of the supplemental ammonia study, it is recommended that on site production of required supplemental ammonia be accomplished by dissolving ammonium sulfate salt. This process does not involve the handling of a hazardous material and would not require major modification of the existing water treatment plants. Due to the high cost of providing the supplemental ammonia, it is also recommended that the installation of this system be deferred until such time as it is determined that the naturally occurring ammonia levels are not sufficient to support the needed level of chloramine formation for proper disinfection. Should Council approve of preferred method of disinfection recommended, the Public Works Department will present to Council at the July 26, 2010 a contract award for City provided chlorine generation and injection equipment for the water treatment plants. FINANCIAL IMPACT: The project is currently within the allocated budget limitations. Current revised estimate for complete project, including amendments for additional analysis, is just over $1,000,000.00. Project expenditures are being made from Fund 466. îì ß¹»²¼¿ ׬»³ July 12, 2010 TO: Mayor and City Council through City Administrator FROM: Ignacio Palacios, Finance Director SUBJECT: Gervais Network Support Agreement RECOMMENDATION: Authorize the City Administrator to execute an Intergovernmental Agreement with the City of Gervais to provide computer and network support. BACKGROUND: The City of Gervais approached the City requesting a proposal for 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 proposal is to provide network support services at a set hourly rate with all equipment, software and peripherals to be provided by the City of Gervais and is consistent with other support agreements already in place with other jurisdictions. The proposed support will take approximately 5 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 $2,000 annually. Agenda Item Review: City Administrator ___x___ City Attorney ___x___ Finance __x___ îë Agreement Computer and Network Support This Agreement is made to engage the services of City of Woodburn (“Woodburn”) to provide Computer and Network Support to City of Gervais (“Gervais”); 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.Woodburn shall provide support for and maintenance of desktop computers, printers, servers, and any other computer related equipment for Gervais. All ownership rights to said equipment shall remain with Gervais. 1.2.Woodburn will help setup and/or relocate any computer related equipment. Network drop locations, power receptacle locations, and furniture relocation will be the responsibility of Gervais. 1.3.Woodburn will work with hardware and software vendor support to resolve issues. If items need to be returned to the vendor for support Gervais will take care of and pay for any shipping and handling charges. 1.4.Woodburn will not provide any physical hardware but will help make hardware choice recommendations and work with Gervais to order any necessary hardware. 1.5.Woodburn will work with Gervais to backup and maintain Gervais’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 2.1Woodburn shall, at its sole discretion, select which personnel will provide services under this Agreement. Page 1- Agreement/Computer and Network Support îê 2.2Woodburn shall be the sole employer of any and all personnel providing services under this Agreement. Woodburn 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 Woodburn will not be providing any hardware, all hardware costs will be the responsibility of Gervais. 4.Billing and Payment 4.1.The hourly charges shall be billed quarterly. 5.Security 5.1.Woodburn will use the existing encrypted VPN connection to remotely access Gervais’s computers and help troubleshoot and resolve issues. 5.2.Woodburn will not release any of Gervais’s information unless directed to do so by Gervais. 6.Standard of Care/Limitation of Liability 6.1.Woodburn assumes no liability for the accuracy of any data on Gervais’s network. 6.2.Woodburn 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.Gervais understands and agrees that Woodburn shall not be liable to Gervais for any damage that may occur while Gervais’s computer system is being serviced by Woodburn, including liability for indirect, special, exemplary or consequential Page 2- Agreement/Computer and Network Support îé 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, Gervais 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 City Administrator of Woodburn and to the City Manager of Gervais. 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 îè 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 City of Gervais By: _______________________________ By:_______________________________ Scott C. Derickson, City Administrator Gervais City Manager Date: ______________________________ Date: _____________________________ Page 4- Agreement/Computer and Network Support îç