May 12, 2014 Agenda
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ATHRYN IGLEYAYOR
ITY OF OODBURN
TAL,CW1
ERESA LONSO EONOUNCILOR ARD
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ISA LLSWORTHOUNCILOR ARD
CCA
PMC,CWIII
ITYOUNCILGENDA
ETER CALLUMOUNCILOR ARD
JC,CWIV
AMES OXOUNCILOR ARD
FL,CWV
RANK ONERGANOUNCILOR ARD
M12,2014–7:00..
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RIC ORRISOUNCILOR ARD
CHCC–270MS
ITY ALL OUNCIL HAMBERS ONTGOMERY TREET
1.CALL TO ORDER AND FLAG SALUTE
2.ROLL CALL
3.ANNOUNCEMENTS AND APPOINTMENTS
Announcements:
A.
City Hall,the Libraryand the Transit Systemwill be Closed Monday, May
26th in observance of Memorial Day. The Aquatic Center will be open
regular business hours.
B.The City Council Meeting scheduled for Monday, May 26th has been
cancelled in observance of Memorial Day.
Appointments:
None.
4.COMMUNITY/GOVERNMENT ORGANIZATIONS
A.Chamber of Commerce
B.Woodburn School District
5.PROCLAMATIONS/PRESENTATIONS
Proclamations:
A.Public Works Week 20141
B.Police Memorial Week2
Presentations:
None.
6.COMMUNICATIONS
.
None
This facility is ADA accessible. If you need special accommodation, please contact the City Recorder at 503-980-
6318at least 24 hours prior to this meeting.
**Habrá intérpretes disponibles para aquéllas personas que no hablan Inglés, previo acuerdo.
Comuníquese al (503) 980-2485.**
May 12, 2014Council Agenda Page i
–
This allows the public to introduce items for Council
7.BUSINESS FROM THE PUBLIC
consideration not already scheduled on the agenda.
–Items listed on the consent agenda are considered routine
8.CONSENT AGENDA
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 April 28, 20143
Recommended Action: Approve the minutes.
B.Limited On-Premise Sales –New Outlet5
Recommended Action:The Woodburn City Council
recommends that the OLCC approve the Limited On-Premise
Sales-New Outlet, for Sora Sushi Restaurant
9.TABLED BUSINESS
A.AeroVironment EV Charging Station Agreement.7
Enter into the Service Agreement (as revised) with
AeroVironment, Inc., for the installation and operation of an EV
Charging Station at the Woodburn Memorial Transit Facility.
10.PUBLIC HEARINGS
A.Supplemental Budget
–Members of the public wishing to comment on items of general
11.GENERAL BUSINESS
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. 2953–A Resolution Approving Transfers of FY 23
2013-2014 Appropriations and Approving a Supplemental
Budget
Recommended Action:Hold a public hearing and adopt the
attached resolution approving a supplemental budget for fiscal
year 2013-2014 for the funds and departments listed on Exhibit
A.
B.Council Bill No.2954-A Resolution Authorizing Execution of a 29
PoliceRecords Management System and Mobile Data System
agreement Between the City of Woodburn and the City of
Si
lverton
Recommended Action:Pass the resolution entering intoanew
ORS 190 agreement with the cityof Silverton to provide Police
Mobile Data System and Records Management System.
May 12, 2014Council Agenda Page ii
C.Council Bill No. 2955-A Resolution Authorizing Execution of a 39
Police Records Management System and Mobile Data System
agreement Between the City of Woodburn and the City ofMt.
Angel
Recommended Action:Pass the resolution entering intoanew
ORS 190 agreement with the cityof Mt. Angel to provide Police
Mobile Data System and Records Management System.
D.Council Bill No. 2956-A Resolution Authorizing Execution of a46
Police Records Management System and Mobile Data System
agreement Between the City of Woodburn and the City of
Hubbard
Recommended Action:Pass the resolution entering into anew
ORS 190 agreement with the cityof Hubbard to provide Police
Mobile Data System and Records Management System.
E.Authority to apply for 2014 COPS Police Officers Funding Grant53
Recommended Action:City Council authorize staff to make
application for a School Resource Officer Position under the
2014 COPS Hiring Grant Program.
F.Award of Construction Contract for the 2013-14 Street 56
Resurfacing Improvements, Bid No. 2013-11
Recommended Action:That the City Council, acting in its
capacity as the LocalContract Review Board,awardthe
construction contract for the 2013-14 Street Resurfacing
Improvements to Salem Road & Driveway in the amount of
$479,861.25.
G.Teen Center Agreement58
Recommended Action:It is recommended that the City
Council authorize the City Administrator to enter into a
management agreement with the Boys and Girls Club of Salem,
Marion, and Polk Counties.
–
These are
12.PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS
Planning Commission or Administrative Land Use actions that may be called up
by the City Council.
None.
13.CITY ADMINISTRATOR’S REPORT
14.MAYORAND COUNCIL REPORTS
15.ADJOURNMENT
May 12, 2014Council Agenda Page iii
1
2
COUNCIL MEETING MINUTES
APRIL 28, 2014
DATECOUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF
MARION, STATE OF OREGON, APRIL 28, 2014
CONVENED
ROLL CALL
Staff Present:
APPOINTMENTS
Cox/Ellsworth
CONSENT AGENDA
McCallum/Lonergan
AEROVIRONMENT EV CHARGING STATION AGREEMENT
Cox/Alonso Leon
TRANSIT SHELTER EASEMENT ACCEPTANCE
3
COUNCIL MEETING MINUTES
APRIL 28, 2014
CITY ADMINISTRATOR’S REPORT
MAYOR AND COUNCIL REPORTS
ADJOURNMENT
McCallum/Lonergan..
4
Agenda Item
Limited On-Premise Sales – New Outlet
:
RECOMMENDATION
Limited
On-Premise Sales-New Outlet,
:
BACKGROUND
5
Limited On-Premise Sales –New Outlet
Limited On-Premise – New Outlet
:
DISCUSSION
FINANCIAL IMPACT:
6
Agenda Item
Revised AeroVironment EV Charging Station Agreement.
:
RECOMMENDATION
BACKGROUND:
DISCUSSION:
7
FINANCIAL IMPACT:
8
SERVICEAGREEMENT
Land or Property
Premises
Effective
Date
Due Diligence Period
Investigations and Tests
Term Commencement Date
Term
Rev 03212012
9
Renewal Terms
Rent
AVI Facilities
Rev 03212012
10
.
Rev 03212012
11
Rev 03212012
12
.
Rev 03212012
13
This limitation does not apply to AVI’s responsibility, under Section 13 of
this Agreement, to indemnify Woodburn, the State of Oregon, the Oregon Transportation Commission,
ODOT, and their members, officers, employees, and agents, to the extent those claims are covered by AVI’s
general liability insurance policy or policies required to cover AVI and the parties covered as additional
insureds under Section 15 of this Agreement. AVI’s indemnification obligation under Section 13 shall not
exceed the $2 million coverage limitation stated in Section 15.
WOODBURN:AVI:
State of Oregon:
Approved by:
______________________________________________ __________________
Sonny P. Chickering, ODOTRegion 2 Manager Date
Approved by:
______________________________________________ __________________
Richard Crager, ODOT Right of Way Manager Date
Approved by:
______________________________________________ ___________________
Ashley N. Horvat, State of Oregon Chief EV Officer Date
Rev 03212012
14
EXHIBIT A
DESCRIPTION OF LAND
Rev 03212012
15
EXHIBIT B
DESCRIPTION OF PREMISES
Notes:
Rev 03212012
16
17
18
19
20
Agenda Item
AeroVironment EV Charging Station Agreement
RECOMMENDATION:
BACKGROUND:
DISCUSSION:
21
FINANCIAL IMPACT:
22
Agenda Item
2013-2014 SUPPLEMENTAL BUDGET REQUEST
RECOMMENDATION:
SUPPLEMENTAL BUDGETS GENERALLY:
DETAIL OF THIS REQUEST
REVENUE
23
EXPENDITURES
24
FINANCIAL IMPACT:
Building Fund
General Fund
25
COUNCIL BILL NO. 2953
RESOLUTION NO. 2042
A RESOLUTION APPROVING TRANSFERS OF FY 2013-2014APPROPRIATIONS AND
APPROVING A SUPPLEMENTAL BUDGET
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1.
26
27
City of Woodburn
2013-2014 Supplemental Budget
Exhibit A
May, 2014
Fund Original Supplemental Revised
Building Fund
Revenue
Construction Excise Tax - 70,00070,000
Building Permits - 8,000 8,000
Total Revenue - 78,00078,000
Expense
Construction Excise Tax - 70,00070,000
Overtime - 8,000 8,000
Total Expense - 78,00078,000
General Fund
Revenue
Program Revenue - 8,000 8,000
Total Revenue - 8,000 8,000
Aquatic Center
Personal Services - 10,00010,000
Materials & Services 5,000 5,000
Ending Fund Balance
Reserve - SMCR 1,494,410 (7,000)1,487,410
Total Expenditures 1,494,410 8,000 1,502,410
28
Agenda Item
ORS 190 Agreement with Cities of Hubbard, Mt. Angel, and Silverton
for a Police Mobile Data System and Records Management System
RECOMMENDATION:
BACKGROUND:
:
DISCUSSION
29
:
FINANCIAL IMPACT
30
Itemization of chargesAllocation to agencies
Billing Item2014-152015-162016-172017-18Agency2014-152015-162016-172017-182013-14% change
Population% Share
Annual SSMA (Aegis)74,50276,73779,03981,410Woodburn24,08060.56%86,18987,51190,87292,27783,346
Annual Hardware and Software Maintenance RS60002,2002,3102,4262,547Hubbard3,1737.98%11,35711,53111,97412,15911,195 1.45%
Silverton9,22223.19%26,51127,01728,30528,84323,318
13.69%
Backup of app servers800800800800Mt. Angel3,2868.26%11,76111,94212,40112,59215,198-22.61%
Symantec Antivirus1,0701,0701,0701,070
NetMotion2,7502,7502,7502,750 Total39,761100%135,818138,001143,552145,872133,057 2.08%
WebLEDS2,7602,7602,7602,760
Stayton7,2117,3407,5947,732
Server Replacement Costs9,0009,0009,0009,000Woodburn Fire1,8031,8351,8991,933
Woodburn Tech Support51,75051,75055,20055,200
(690 hrs @ 75/hr yrs 1 & 2, 80/hr yrs 3 & 4)
Previous Years Revenue
Sub-Total144,832147,177153,045155,5372010-112011-122012-132013-14
BudgetBudgetBudgetBudget
Stayton's Portion7,2117,3407,5947,732Hubbard10,64110,35211,19511,195
Woodburn Fire Portion1,8031,8351,8991,933Mt Angel10,64113,57915,19815,198
Silverton24,28136,37323,31523,318
Total135,818138,001143,552145,872
$4,990 Portion Re-allocated
4990
Woodburn24,080$ 3,935
78.85%
Stayton ONLY 2014-152015-162016-172017-18Hubbard3,173 10.39%$ 518
Mt. Angel3,286$ 537
10.76%
Annual SSMA3,7253,8373,9524,07130,539100.00%
Annual Hardware and Software Maintenance RS6000352370388407
Backup of app servers64646464
NetMotion550550550550
Server Replacement Costs720720720720
Woodburn Tech Support1,8001,8001,9201,920
(24 hrs @ 75/hr yrs 1 & 2, 80/hr yrs 3 & 4)
Total7,2117,3407,5947,732
Stayton is separate because they don't use all the functionality of the software.
31
COUNCIL BILL NO. 2954
RESOLUTION NO.2043
A RESOLUTION AUTHORIZING EXECUTION OF A POLICE RECORDS MANAGEMENT
SYSTEM AND MOBILE DATA SYSTEM AGREEMENT BETWEEN THE CITY OF WOODBURN
AND THE CITY OF SILVERTON
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
NOW,
THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1.
32
33
Agreement
Police Records Management System and
Mobile Data System
A. Scope of Services
34
B. Fees and Charges
35
C. Billing and Payment
D. Security
36
E. Limitations of Liability/Indemnification
F.Terms and Termination
G.Communication and Notice
37
H. Attorney Fees
H.Amendments
City of Woodburn City of Silverton
38
COUNCIL BILL NO. 2955
RESOLUTION NO.2044
A RESOLUTION AUTHORIZING EXECUTION OF A POLICE RECORDS MANAGEMENT
SYSTEM AND MOBILE DATA SYSTEM AGREEMENT BETWEEN THE CITY OF WOODBURN
AND THE CITY OF MT. ANGEL
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
NOW,
THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1.
39
40
Agreement
Police Records Management System and
Mobile Data System
A. Scope of Services
41
B. Fees and Charges
42
C. Billing and Payment
D. Security
43
E. Limitations of Liability/Indemnification
F.Terms and Termination
G.Communication and Notice
44
H. Attorney Fees
H.Amendments
City of Woodburn City of Mt. Angel
45
COUNCIL BILL NO. 2956
RESOLUTION NO.2045
A RESOLUTION AUTHORIZING EXECUTION OF APOLICE RECORDS MANAGEMENT
SYSTEM AND MOBILE DATA SYSTEM AGREEMENT BETWEEN THE CITY OF WOODBURN
AND THE CITY OF HUBBARD
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
NOW,
THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1.
46
47
Agreement
Police Records Management System and
Mobile Data System
A. Scope of Services
48
B. Fees and Charges
49
C. Billing and Payment
D. Security
50
E. Limitations of Liability/Indemnification
F.Terms and Termination
G.Communication and Notice
51
H. Attorney Fees
H.Amendments
City of Woodburn City of Hubbard
52
Agenda Item
Authority to apply for 2014 COPS Police Officers Funding Grant
:
RECOMMENDATION
BACKGROUND:
53
DISCUSSION:
FINANCIAL IMPACT:
54
55
Agenda Item
Award of Construction Contract for the 2013-14 Street Resurfacing
Improvements, Bid No. 2013-11.
:
RECOMMENDATION
$479,861.25.
BACKGROUND:
56
DISCUSSION:
FINANCIAL IMPACT:
57
Agenda Item
Teen Center Agreement
:
RECOMMENDATION
BACKGROUND:
DISCUSSION:
58
o
o
o
o
o
o
o
:
FINANCIAL IMPACT
59
MANAGEMENT AGREEMENT
This Management Agreement
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 ()
to be effective July 1,2014.
RECITALS
WHEREAS,
City provided and managed after school teen center drop-in programs at the
Legion Park and Settlemier Park Teen Centers from 2002 until 2010; and
WHEREAS
,in May 2010 City entered into a Management Agreement with Manager to
operate the teen center drop-in program; and
WHEREAS
, City believes that it is more efficient and cost effective for it to continue
contracting with Manager to manage the teen center drop-inprogram; and
WHEREAS,
Manager represents that it has the expertise necessary for the management
and operation of the teen center drop-in program based upon 40 years of working with young
people from disadvantaged economic, social and family circumstances;
WHEREAS,
City and the Manager desire to continue the teen center drop-in program
and renew the Management Agreement, which will expire on June 30, 2014; and
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.City
the southwest corner of the Park that is available for use for the Program.
B., on
Settlemier Avenue consisting of approximately 10.4 acres.
C.rschool recreational, educational, and healthy lifestyles
thth
based activities for youth aged 6 12 grade as more fully set forth in this Agreement (the
.
2.Use of the Facility
Subject to the terms of this Agreement, City grants to Manager permission to use the Facility to
Page 1- Management Agreement
60
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
warranty, expressed or implied, concerning the condition of the facility or its fitness for use for
3.Term
A.This Agreement shall be for a term beginning on the effective date indicated
above and expiring at 11:59PM, June 30, 2015,unless renewed as provided herein.
B.This Agreement may be renewed by written agreement of the parties.
4.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.
5.Compensation
City shall pay compensation to Manager for services rendered under this Agreement a
management fee of $3,750.00 per month. The management fee shall be paid no later than the
15th of the month for which services are rendered.
6.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
thth
activities for youth aged 612grade, in accordance with the terms of
this Agreement. Manager shall operate the Program in accordance with
Page 2- Management Agreement
61
attached as Exhibit A.
2.Manager shall ensure 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 convene a Woodburn Advisory Council to assist Manager
in developing funding and to advise regarding the strategic program
direction of the project. The Woodburn Advisory Council Functions and
Expectationsare described in Exhibit B attached hereto.
5.Manager shall not charge teen center participants fees in excess of $5.00
annually.
6.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.
7.Manager shall secure the Facility and shall be solely responsible for the
security of its personnel, property and equipment. City personnel shall
have 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.
8.Manager shall permit reasonable and regular access, inspection and
maintenance of the Facility by City.
9.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.
10.Manager shall report annually to the Woodburn City Council on the
Program and the status of upcoming events.
B.Responsibilities of City.
1.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 April 18, 2014,aslisted on Exhibit C attached
hereto. City may, at its sole discretion, remove City owned property from
Page 3- Management Agreement
62
the Facility and disallow its use by Manager.
2.City shall provide maintenance to the Facility as provided in this
Agreement.
7.Improvements
Manager shall obtain City prior written approval before any modifications, alterations, or other
changes to the Facility are undertaken, even if temporary in nature. Any approved
Changes to the Premises will be at expense and Manager shall keep the Facility free
from all liens, including construction, mechanics, and material 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.
8.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.
9.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
request.
B.City shall have the right to audit the books, financial statements, and financial
data of Manager regarding the Program.
10.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.All gas, electric, sewer, water or other utility or service charges;
6.Rain gutters and down spouts;
Page 4- Management Agreement
63
7.Integrated building appliances and fixtures, such as sinks; and
8.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.Replacing lights in outside light standards; and maintaining interior light
fixtures in good working order, including lamp replacement;
4.Basic janitorial services;
5.To keep the walks and entries in the Facility free and clear of ice, snow,
rubbish, debris, and obstructions.
6.Any repairs necessitated by the negligence of Manager, its agents,
employees, and invitees; and
7.Any repairs or alterations to the Facility necessary for Manager to comply
with laws and regulations set forth in this Agreement.
8.Manager shall keep the Facility in a clean and orderly condition and
ensure clean up after Program activities.
9.Manager may utilize City vehicles for program use, but must track
mileage and replace fuel .
11.Garden Activities
City will provide some initial site preparation for the garden area to be determined.City agrees
that Manager may use a limited area of land adjacent to the Facility for gardening activities
subject to the following requirements:
A.Garden Location and Layout Plan.Manager will submit to City for approval a
-up of the vegetable
garden prior to beginning gardening. Any existing trees and shrubs shall remain. No permanent
structures shall be erected on said property. Manager shall not deviate from the approved plan
without written consent of City.
B.Gardening Activities.Manager shall comply with City ordinances, State and
Federal law when conducting any activities on or in relation to the premises. Manager shall not
Page 5- Management Agreement
64
dispose or allow disposal of garden debris or products as solid waste on the premises. This shall
not include composting or the use of compost as fertilizer. Manager shall not remove any soil
from the Property without City
C.Structures and Fences.Manager shall not build structures, fences or
improvements without prior written approval of the owner.
D.Hours of Operation.Manager shall conduct all activities on the premises only
between the hours of 8:00 a.m. and 8:00 p.m. All tools and other gardening implements shall be
removed from the premises each day.
E.Water.City shall provide municipal water at no charge via hose to the Property
only for the watering of gardens on the Property. City reserves the right to restrict Manager
water use if City determines ManagerCity deems necessary to
ensure adequate supply for CityManager shall be responsible for maintenance of water
systems serving the garden plots.
F.Signage.Manager, at its own expense, may erect one (1) sign that conforms to
Woodburn Development Ordinance 3.110 and the area of which may not exceed four (4) square
feet. The purpose of the sign is to support community awareness of Manager and City must
approve the location of said sign.
G.Participation.Manager shall allow only known volunteers, and
Program Participants, under Manager
premises.
H.ADA.Manager shall be responsible for any accommodation and costs related to
compliance with the Americans with Disabilities Act (ADA).
I.Storage.Manager shall not store or permit storage of equipment not related to the
gardening on the premises. Add: All garden equipment and supplies cannot be stored inside the
Youth Activities Center building and must have its own safe and secure storage area.
J.Alcohol.Manager shall not allow any person to consume alcohol on said
property.
K.Insecticides.Manager shall ensure that any use of insecticides, herbicides,
fumigants, or other similar substances is in accordance with City ordinances, State and Federal
law.
L.Commercial Activities.Manager shall not use the premises for any commercial
activities, including, but not limited to, the sale of produce or other products to the public.
M.Other Adverse Activities.City reserves the right to terminate any activity that
could prove to be an environmental hazard or adversely affect the operation of City government
services or disturb the residents of the adjacent neighborhoods.
Page 6- Management Agreement
65
N.Maintenance. Manager shall provide the following maintenance:
1.Maintenance of the vegetation on the premises including keeping any
grass mowed and weeds controlled; and
2.Perform daily litter and trash clean up on the premises; and
3.Keep premises in a safe and orderly fashion so as to not impede pedestrian
or motor traffic.
O.Garden Space Assignment/Sublease.Manager shall not assign or sublease the
premises to any individual or organization without prior written consent of City. Any
assignment or sublease shall be void at inception.
P.Termination of Gardening Activities.Upon written notice by City, Manager shall
terminate all gardening activities immediately and remove all Manager equipment within 10 days
of notice. Garden Activities may be terminated without affecting the other terms of this
Management Agreement.
12.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.
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:
Page 7- Management Agreement
66
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) from insurance
company to City; and
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.
13.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
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.
14.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.
15.Re-delivery of Facility
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
the
/or access cards
shall be returned to theCity.
16.Compliance with Laws
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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.
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.
17.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, 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
der this Agreement.
18.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
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Agreement to grant any approvals, consents, or authorizations in its nonproprietary capacity in
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.
19.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.
20.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. 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.
1.The Contract Coordinator for City shall be the Director of Community
Services. The City
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
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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.
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:
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Exhibit A
Boys & Girls Club of Woodburn Programs at a Glance
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Boys & Girls Club of Woodburn Programs at a Glance
BOYS & GIRLS CLUB
PROGRAM SERVICES MODEL
SNAPSHOT OF WOODBURN PROGRAMS
UTILIZING A 360 ù APPROACH:
The Boys & Girls Club offers a
comprehensive continuum of
Programs focus on providing opportunities for teenagers, grades 6-12,
services to serve youth ages 6-
at a youth-dedicated facility
18. As part of our mission to
inspire and enable all youth to
Programs run 230 days per year.
reach their full potential, we
utilize a 360-degree approach
Over 500 teens per year participate in Woodburn Boys & Girls Club
to meet youth where they are in
life. This approach includes
programs and activities, 118 youth are registered members.
prevention, intervention and
positive youth development
Over 2,600 free, healthy meals and snacks are provided for youth
strategies to help youth achieve
annually.
their personal and professional
goals.
Youth participate daily in experiential learning programs including
MEETING ESSENTIAL NEEDS:
outdoor clubs, carpentry clubs, homework help, service-learning
The Club empowers members to
projects and leadership and character development clubs.
make lifelong positive choices.
Programs are designed to
Affordable programs for only $5 annual membership fee
develop young peopleÔs capacity
to engage in positive behaviors
that nurture their own well-
being, set personal goals and
provide for essential dental,
health and nutritional needs.
IMPACTING YOUTH THROUGH
THREE CORE AREAS: The Club
offers targeted programs
focused on providing youth with
opportunities to achieve
Club members receive daily tutoring,
academic success and
career and college planning
enrichment, to become civically
assistance and mentoring.
engaged in our community and
empowered to make good
decisions for their well-being.
PROVIDING
TRANSFORMATIONAL
OPPORTUNITIES: The ClubÔs
goal is to prepare youth with a
century skill set that aligns
21
st
academic theory with future
Club members participate in a variety of group
career pathways and industry
Clubs including Physics Club, Carpentry Club,
Movie Makers, Cooking Club and many more.
trends. This is achieved through
Outdoor Club members learn
the intersection of space,
survival skills, appreciation for
nature and have the consistent
technology and active learning.
support of positive role models.
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Boys & Girls Club
Woodburn Teen Center Ï 2014
The Woodburn Teen Center of the Boys & Girls Club is focused on strategic growth while deepening the impact we have on
youth in our community. Our program service model focuses on utilizing a 360-degree approach, meeting essential needs,
providing transformational opportunities, and impacting youth in three core areas: academic success; character and
citizenship; and healthy lifestyles.
IMPACT:
The Woodburn Teen Center recently finished undergoing a series of renovations, all of which are a part of our new approach
to youth development called Designing for Impact (DFI). In addition to new paint, flooring, ceiling tiles, furnishings,
landscaping and a multi-purpose kitchen area, technology platforms were updated to the current generation, which will help
our teens develop a 21st century skill set that will better prepare them for the workforce and/or higher education. The goal
of DFI is for youth to be productive citizens in a global society that thrives on advanced technology and a culture of
connectivity.
Programs and curricula will give youth access to real-time, relevant technology that helps them find their passion, explore
future career paths and meet targeted metrics and benchmarks. All of this was made possible through grants
and the generosity of our private donors. We greatly appreciate the support we are given by the City of Woodburn, as well as
the community at large. Together we can ensure that our Woodburn youth have great futures.
SPECIALIZED PROGRAMS:
Power Hour & STEM activities
YouTube Tuesday
Project Learn
Mentoring
Physics Club
SMART Girls
Carpentry Club
Keystone Club
Be Great Graduate Cooking Club
Anime Club Outdoors Program
Movie Makers Skate Club
SUSTAINABILITY & FUNDRAISING ACTIVITIES:
ÑIt Just Takes OneÒ Fundraising Breakfast: June 10th
Monthly giving initiative: Sustainers Club
FUNDRAISING HIGHLIGHTS TO DATE:
$25,000: Gift made via Woodburn Proud, in honor of the late Mayor Richard Jennings
$50,360: Grant-specific funds allocated to Woodburn Teen Center to transform building, furnishings and update
technology through the ClubÔs new youth development approach, Designing for Impact (DFI)
$8,935: Facility maintenance funds allocated for additional building improvements and landscape upgrades
00: Boys & Girls Clubs of America capacity building grant for new club startup
$25,0
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Exhibit B
Woodburn Advisory Council Functions and Expectations
74
Woodbdurn Advisory Council
Functions and Expectations
1. All council members shall insure that the organization has the funds to support the
appropriate level of mission based programs as determined by the board:
a. Council member personal giving:
1) All council members shall contribute a personally meaningful financial gift
to the Boys & Girls Club.
2) All council members are asked to fill two tables at the annual It Just Takes
One (IJTO) Complimentary Breakfast.
2. All council members shall be active in the determination of advice and direction for
the organization which requires:
a. Attendance of at least 80% of council meetings per year and all special events.
b. Active participation with specific tasks (i.e. sponsorship, recruitment, etc.) for the
two major fundraising events/activities each year.
c. Commitment of serving on the council for a two year term, with the option to
renew after each two year term.
3. All council members shall represent the Boys & Girls Club within the community so
that the youth may be better served.
I find the above criteria both reasonable for the operation of the
Advisory Council and acceptable to me as a council member.
___________________________________________________________
Signature Date
___________________________________________
Print Name
boarddev\\func&exp.doc
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Exhibit C
Inventory of City Owned Property in the Settlemier Teen Center Building as of April 18, 2014
1 Billiard Table
1 Picnic Table
2 Telephones (one cordless, one stationary)
1 Bike Rack
1 Internet Router
Janitorial Cart
Restroom Storage Cabinet
Inventory of Club Owned Property in the Settlemier Teen Center Building as of April 18, 2014
1 Membership Services Table
2 Science Block Tables on Wheels
2 black high tables with 4 stools
1 Foosball Table
4 Black Sofa Chairs
4 Flip Tables
1 Microwave
1Mini Oven
5 Desktop Computers
1 Desk
2 Desk Chairs
3 Large Gorillas Racks
2 Small Gorilla Racks
1 Membership Services Laptop
1 Office Laptop
8 iPads
4 Mac Laptops
2 small HP printers
1 large laser jet printer
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