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February 26, 2018 Agenda FIGLEY,MAYOR HRYN CITY OF W OO D B U R N JUAN SERRATOS,TCOUNCILOR WARD 1 LISA ELLSWORTH,COUNCILOR WARD II CITY COUNCIL AGENDA ROBERT CARNEY,COUNCILOR WARD III SHARON SCHAUB,COUNCILOR WARD IV FRANK LONERGAN,COUNCILOR WARD V FEBRUARY 26, 2018- 7:00 P.M. ERIC MORRIS,COUNCILOR WARD VI CITY HALL COUNCIL CHAMBERS-270 MONTGOMERY STREET 1. CALL TO ORDER AND FLAG SALUTE 2. ROLL CALL 3. ANNOUNCEMENTS AND APPOINTMENTS Announcements: None. Appointments: None. 4. COMMUNITY/GOVERNMENT ORGANIZATIONS None. 5. PROCLAMATIONS/PRESENTATIONS Proclamations: None. Presentations: None. 6. COMMUNICATIONS None. 7. BUSINESS FROM THE PUBLIC - This allows the public to introduce items for Council consideration not already scheduled on the agenda. 8. CONSENT AGENDA - Items listed on the consent agenda are considered routine and may be adopted by one motion. Any item may be removed for discussion at the request of a Council member. A. Woodburn City Council minutes of February 12, 2018 1 Recommended Action: Approve the minutes. This facility is ADA accessible. If you need special accommodation, please contact the City Recorder at 503-980- 6318 at least 24 hours prior to this meeting. **Habrd int6rpretes disponibles para aquellas personas que no hablan Ingl6s, previo acuerdo. Comunfquese al (503) 980-2485.** February 26, 2018 Council Agenda Page i B. Woodburn City Council Executive Session minutes of February 12, 4 2018 Recommended Action: Approve the minutes. C. Woodburn City Council minutes of February 20, 2018 5 Recommended Action: Approve the minutes. D. Crime Statistics through January 2018 6 Recommended Action: Receive the report. E. Building Activity for January 2018 11 Recommended Action: Receive the report. 9. TABLED BUSINESS None. 10. PUBLIC HEARINGS None. 11. GENERAL BUSINESS-Members of the public wishing to comment on items of general business must complete and submit a speaker's card to the City Recorder prior to commencing this portion of the Council's agenda. Comment time may be limited by Mayoral prerogative. A. Council Bill No. 3058 -An Ordinance Establishing a Public Arts and 12 Mural Program; Creating the Woodburn Public Arts and Mural Committee; Providing for a Process for the City's Consideration of Public Art and Murals; and Repealing Ordinance 2491 Recommended Action: Adopt a Public Arts and Mural Ordinance to enhance the scope and purpose of the original Mural Ordinance to include the acquisition and approval of all mediums of Public Art. B. Council Bill No. 3059 - A Resolution Awarding a Sole Source 25 Contract to Radio Communications Service, Inc. for Upgrading the Police Radio Channel System; Adopting Findings; and Authorizing the City Administrator to Sign the Contract Recommended Action: That City Council, acting as the Local Contract Review Board, approve the attached Resolution awarding a sole source contract to Radio Communications Service, Inc., dba Complete Wireless Solutions ("CWS"), for upgrading the City's police radio channel system, adopting findings, and authorizing the City Administrator to sign the contract. February 26, 2018 Council Agenda Page ii C. Police Radio Channel System Upgrade Sole Source Contract Award 35 and City of Hubbard Intergovernmental Agreement Recommended Action:Authorize the City Administrator to execute the attached Intergovernmental Agreement (IGA) with the City of Hubbard for the Cooperative Procurement of Goods &Service from Radio Communications Service, Inc. 12. PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS - These are Planning Commission or Administrative Land Use actions that may be called up by the City Council. None. 13. CITY ADMINISTRATOR'S REPORT 14. MAYOR AND COUNCIL REPORTS 15. ADJOURNMENT February 26, 2018 Council Agenda Page iii COUNCIL MEETING MINUTES FEBRUARY 12, 2018 0:00 DATE COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, FEBRUARY 12, 2018 CONVENED The meeting convened at 7:00 p.m. with Council President Lonergan presiding. ROLL CALL Mayor Figley Present—7:13 Councilor Carney Present Councilor Lonergan Present Councilor Schaub Present Councilor Morris Present Councilor Ellsworth Absent Councilor Serratos Absent Staff Present: City Administrator Derickson, City Attorney Shields, Assistant City Administrator Row,Community Development Director Kerr,Police Chief Ferraris,Economic Development Director Johnk, Assistant City Attorney Granum, Community Relations Manager Gutierrez-Gomez, Communications Coordinator Horton, City Recorder Pierson 0:00 ANNOUNCEMENTS: City Hall and the Library will be closed on February 19 in observance of President's Day. The Aquatic Center and Transit will be open regular business hours that day. An open house for the Transportation System Plan Update will take place February 22, 2018 from 5:00 pm to 6:30 pm in the Council Chambers at City Hall. Community Development Director Kerr showed the City Council a video that can be found on the website WoodburnTSP.com and provides information on the Transportation System Plan Update. 0:07 SWEARING-IN CEREMONY New police officer Valentin Silva-Cruz was sworn in by Police Chief Ferraris. The Mayor called for a ten minute recess. 0:12 COMMUNITY/GOVERNMENT ORGANIZATIONS Proposed Aurora Airport Legislation - Marion County Commissioner Kevin Cameron provided information on the legislation for the Aurora Airport runway expansion. Mayor Figley stated that she took a tour of the airport and added that she supports the expansion. Councilor Lonergan stated that he is a member of the Wilsonville Chamber and this expansion is a pretty big deal to Wilsonville businesses. He added that he is in support of putting a letter together to show support for it. Councilor Carney stated that he attended two of the meetings that discussed the expansion, one of which was in Hubbard. Councilor Schaub stated that she supports this addition to the airport. Morris/Schaub...authorize the Mayor to sign a letter on behalf of the City Council in support of the Aurora Airport runway expansion legislation. The motion passed unanimously. Page 1 - Council Meeting Minutes, February 12, 2018 1 COUNCIL MEETING MINUTES FEBRUARY 12, 2018 Rhonda Judson, 2815 Hazelnut Drive, provided information on this year's Relay for Life which will take place on June 301'with a scavenger hunt with an Indiana Jones theme "Hunt for the Cure." She added that the Woodburn community has raised $1.1 million dollars for cancer research. 0:34 CONSENT AGENDA A. Woodburn City Council minutes of January 22, 2018, B. Woodburn City Council Executive Session minutes of January 22, 2018. Lonergan/Schaub... adopt the Consent Agenda. The motion passed unanimously. 0:35 COUNCIL BILL NO. 3056 — AN ORDINANCE GRANTING A TELECOMMUNICATIONS FRANCHISE TO MOBILITIE, LLC, TO OCCUPY CERTAIN RIGHTS-OF-WAY WITHIN THE CITY OF WOODBURN, AND DECLARING AN EMERGENCY Lonergan introduced Council Bill No. 3056. Recorder Pierson read the bill twice 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. 3056 duly passed. 0:36 COUNCIL BILL NO.3057—AN ORDINANCE AMENDING ORDINANCE 2552,THE SOLID WASTE MANAGEMENT ORDINANCE,TO CORRECT TYPOGRAPHICAL ERRORS BEFORE THE EFFECTIVE DATE OF SAID ORDINANCE AND DECLARING AN EMERGENCY Councilor Lonergan recused himself from voting. Schaub introduced Council Bill No. 3057. Recorder Pierson read the bill twice by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously with Councilor Lonergan not voting. Mayor Figley declared Council Bill No. 3057 duly passed. 0:37 DRAFT AMENDMENT TO THE PUBLIC ARTS AND MURAL ORDINANCE NO. 2491 Assistant City Attorney Granum provided a staff report. Councilor Carney stated that he believes the final decision on wall art, whether on private or public property, should reside with the City Council. Councilor Morris stated that he would be okay with having a call-up review process for the City Council for any type of public art or mural proposal. There was a consensus of the City Council to include this in the ordinance. CALL-UP BRIEFING: PLANNING COMMISSION APPROVAL OF A CONSOLIDATED LAND USE PACKAGE OF A DESIGN REVIEW AND PHASING PLAN APPLICATIONS FOR MT. HOOD [MINI-STORAGE] PROJECT PHASE II AT 1055 MT. HOOD AVE (DR 2017-08 & PP 2017-01) Council declined to call this item up for review. CALL-UP BRIEFING: PLANNING COMMISSION APPROVAL OF A CONSOLIDATED LAND USE PACKAGE OF A DESIGN REVIEW, EXCEPTION TO STREET RIGHT OF WAY AND IMPROVEMENT REQUIREMENTS ("STREET EXCEPTION"), AND VARIANCE APPLICATIONS FOR COLONIA UNIDAD AT 1750 PARK AVE (DR 2017-08, EXCP 2017-02, & VAR 2017-13) Page 2 - Council Meeting Minutes, February 12, 2018 2 COUNCIL MEETING MINUTES FEBRUARY 12, 2018 Council declined to call this item up for review. 1:17 CITY ADMINISTRATOR'S REPORT City Administrator Derickson reminded Council that there is an Executive Session tonight. MAYOR AND COUNCIL REPORTS Councilor Lonergan thanked staff for the new chairs. Mayor Figley thanked Councilor Lonergan for filling in while she was away and added that she was attending the Regional Solutions Advising Committee which encourages state organization's to work across bureaucratic lines to get things done. Councilor Schaub thanked Assistant City Attorney Granum and Economic Development Director Johnk for their work on the draft public art and mural ordinance. She added that she is excited about the Olympics. EXECUTIVE SESSION Mayor Figley entertained a motion to adjourn into executive session under the authority of ORS 192.660 (2) (h) and ORS 192.660 (2) (f). Lonergan/Schaub... move into executive session. The motion passed unanimously. The Council adjourned to executive session at 8:31 p.m. and reconvened at 9:09 p.m. Mayor Figley stated that no action was taken by the Council while in executive session. ADJOURNMENT Morris/Schaub... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:09 p.m. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Heather Pierson, City Recorder City of Woodburn, Oregon Page 3 - Council Meeting Minutes, February 12, 2018 3 EXECUTIVE SESSION COUNCIL MEETING MINUTES FEBRUARY 12, 2018 DATE CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, FEBRUARY 12, 2018 CONVENED The Council met in executive session at 8:40 p.m. with Mayor Figley presiding. ROLL CALL Mayor Figley Present Councilor Carney Present Councilor Lonergan Present Councilor Schaub Present Councilor Morris Present Councilor Ellsworth Absent Councilor Serratos Absent Mayor Figley reminded Councilors and staff that information discussed in executive session is not to be discussed with the public. Media Present: None. Staff Present: City Administrator Derickson, City Attorney Shields, Assistant City Administrator Row, Community Development Director Kerr, Police Chief Ferraris, Assistant City Attorney Granum, Communications Coordinator Horton, City Recorder Pierson Others Present: None. The executive session was called: To 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 192.660 (2)(h). To consider records that are exempt by law from public inspection pursuant to ORS 192.660 (2)(f). ADJOURNMENT The executive session adjourned at 9:07 p.m. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Heather Pierson, City Recorder City of Woodburn, Oregon Page 1 —Executive Session, Council Meeting Minutes, February 12, 2018 4 SPECIAL COUNCIL MEETING MINUTES FEBRUARY 20, 2018 DATE COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, FEBRUARY 20, 2018 CONVENED The meeting convened at 7:00 p.m. with Mayor Figley presiding. ROLL CALL Mayor Figley Present Councilor Carney Present Councilor Lonergan Present Councilor Schaub Present Councilor Morris Present(via telephone) Councilor Ellsworth Present Councilor Serratos Present Staff Present: City Administrator Derickson, City Attorney Shields, City Recorder Pierson 0:00 INTERGOVERNMENTAL AGREEMENT ESTABLISHING CONDITIONS FOR ISSUANCE OF BUILDING PERMITS FOR CONSTRUCTION OF SUCCESS HIGH SCHOOL (ATTACHED) Lonergan/Schaub... authorize the Mayor to sign the agreement. The motion passed unanimously. ADJOURNMENT Schaub/Ellsworth... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 7:05 p.m. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Heather Pierson, City Recorder City of Woodburn, Oregon 5 2/20/2018 Woodburn Police Department MONTHLY ARRESTS BY OFFENSES 2018 Year to Date CHARGE DESCRIPTION Jan Total AGGRAVATED ASSAULT 2 2 ANIMAL ORDINANCES 4 ASSAULT SIMPLE 4 BURGLARY- RESIDENCE 2 2 CRIME DAMAGE-NO VANDALISM OR ARSON 5 CUSTODY- MENTAL 4 DISORDERLY CONDUCT 3 3 DRIVING UNDER INFLUENCE 11 11 DRUG LAW VIOLATIONS 10 10 DWS/REVOKED -FELONY 1 1 DWS/REVOKED-MISDEMEANOR 1 1 ELUDE 1 1 FAILURE TO REGISTER AS SEX OFFENDER 1 1 FORCIBLE RAPE 1 1 FRAUD -OF SERVICES/FALSE PRETENSES 1 1 FUGITIVE ARREST FOR ANOTHER AGENCY 52 52 HIT AND RUN-MISDEMEANOR 4 INTIMIDATION /OTHER CRIMINAL THREAT 5 KIDNAP -FOR ADDITIONAL CRIMINAL PURPOSE 1 1 MINOR IN POSSESSION 5 MOTOR VEHICLE THEFT 1 1 OTHER 7 7 RECKLESS DRIVING 1 1 RECKLESSLY ENDANDERING 5 RESTRAINING ORDER VIOLATION 2 2 ROBBERY- BUSINESS 1 1 EX CRIME -EXPOSER 1 1 EX CRIME -FORCIBLE SODOMY 1 1 TALKER 1 1 HEFT- BICYCLE 1 1 HEFT- BUILDING 1 1 HEFT- FROM MOTOR VEHICLE 2 2 HEFT-OTHER 3 3 HEFT-SHOPLIFT 6 6 TRAFFIC VIOLATIONS 21 21 TRESPASS 9 9 UNAUTHORIZED ENTRY INTO MOTOR VEHICLE 2 2 WEAPON -EX FELON IN POSSESSION 2 2 EAPON -POSSESS ILLEGAL 2 2 Jan Total 2018 Total 187 187 2017 Total 135 135 2016 Total 143 143 Page 1 of 2 6 2/20/2018 Woodburn Police Department MONTHLY ARRESTS BY OFFENSES 2018 Year to Date Arrests/Year 200 160 w 120 Q 80 40 0 2016 2017 2018 Year Page 2 of 2 7 2/20/2018 Woodburn Police Department MONTHLY CRIMINAL OFFENSES 2018 Year to Date CHARGE DESCRIPTION Jan Total AGGRAVATED ASSAULT 1 1 ANIMAL ORDINANCES 2 2 ARSON 1 1 ASSAULT SIMPLE 9 9 BURGLARY- BUSINESS 2 2 BURGLARY-OTHER STRUCTURE 3 3 BURGLARY- RESIDENCE 3 3 CRIME DAMAGE-NO VANDALISM OR ARSON 13 13 CUSTODY- MENTAL 4 DISORDERLY CONDUCT 4 DRIVING UNDER INFLUENCE 11 11 DRUG LAW VIOLATIONS 10 10 DWS/REVOKED- FELONY 1 1 DWS/REVOKED-MISDEMEANOR 1 1 ELUDE 2 2 FAILURE TO REGISTER AS SEX OFFENDER 1 1 FORCIBLE RAPE 4 FORGERY/COUNTERFEITING 3 3 FRAUD- BY DECEPTION/FALSE PRETENSES 3 3 FRAUD- CREDIT CARD/AUTOMATIC TELLER MACHINE 2 2 FRAUD- OF SERVICES/FALSE PRETENSES 3 3 FUGITIVE ARREST FOR ANOTHER AGENCY 36 36 HIT AND RUN-MISDEMEANOR 22 22 IDENTITY THEFT 1 1 INTIMIDATION /OTHER CRIMINAL THREAT 5 KIDNAP - FOR ADDITIONAL CRIMINAL PURPOSE 1 1 MINOR IN POSSESSION 2 2 MISCELLANEOUS 30 30 MOTOR VEHICLE THEFT 10 10 NON CRIMINAL DOMESTIC DISTURBANCE 10 10 OTHER 7 7 PROPERTY- FOUND LOST MISLAID 1 1 RECKLESS DRIVING 3 3 RESTRAINING ORDER VIOLATION 3 3 ROBBERY- BUSINESS 1 1 ROBBERY- OTHER 2 2 SEX CRIME - EXPOSER 1 1 SEX CRIME - FORCIBLE SODOMY 1 1 SEX CRIME - OTHER 1 1 SEX CRIME - PORNOGRAPHY/OBSCENE MATERIAL 1 1 STALKER 1 1 STOLEN PROPERTY- RECEIVING,BUYING,POSSESSING 1 1 HEFT- BICYCLE 2 2 HEFT- BUILDING 5 HEFT- FROM MOTOR VEHICLE 42 42 HEFT- MOTOR VEHICLE PARTS/ACCESSORIES 1 1 HEFT- OTHER 30 30 HEFT- PURSE SNATCH 1 1 HEFT- SHOPLIFT 11 11 TRAFFIC VIOLATIONS 28 28 TRESPASS 21 21 UNAUTHORIZED ENTRY INTO MOTOR VEHICLE 14 1 VANDALISM 23 23 VEHICLE RECOVERD FOR OTHER AGENCY 4 WEAPON - EX FELON IN POSSESSION 2 2 WEAPON - POSSESS ILLEGAL 2 2 Page 1 of 2 8 2/20/2018 Woodburn Police Department MONTHLY CRIMINAL OFFENSES 2018 Year to Date Jan ITotal 2018 Total 1 4091 409 2017 Total 1 322 322 2016 Total 1 2651 265 Offenses/Year 450 400 350 N 300 / Z 250 LL 200 LL 0 150 100 50 0 2016 2017 2018 YEAR Page 2 of 2 9 Woodburn Police Department ORDINANCE VIOLATIONS 2018 Year to Date 2/20/2018 Ordinance Discription Jan Total Animal Complaint 35 35 Ordiinance -Abate/Nuisances 1 1 Ordinance -Abandoned Vehicles 83 83 Ordinance -Abate Graffiti 6 6 Ordinance -Oth Violation 51 51 2018 Total 176 176 2017 Total 94 94 2016 Total 122 122 Ordinance Violations / Code Enforcement Officers 160 140 120 Z 100 O 3 80 a o 60 40 i 20 0 2016 2017 2018 COMBINED TOTAL-CODE ENFORCEMENT OFFICERS Ordinance Violations / Year 180 160 140 N 120 Z 0 100 0 80 / 60 40 20 0 2016 2017 2018 YEAR TOTALS FOR ALL OFFICERS 1 10 CITY DBURN Economic and Development Services Department MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071 (503)982-5246 Date: February 8, 2018 To: Chris Kerr, Community Development Director From: Building Division Subject: Building Activity for January 2018 ...... .�_�.��_....��� .���..W_ 6 201 _��...�_ _.... m20....�.� 1 17 2018 .. No. Dollar Amount Dollar Amount No. Dollar Amount No. .. ..�o �.. _ ...... �$0 ,� ............_ �......._. 03 Multi-Family Residential 0 $ .. Single-Family Residential 0 $0 0 $0 1 $271403 Assisted Livin Facilities 0 $0 0 $0 0 $0 Residential Adds &Alts 6 $46,500 2 $19,327 6 $166,945 Industrial 7 $155,000 �..... 1 $11,000 Commercial 0 $3,376,178 8 $1459,4256 .... Signs and Fences 0 $0 0 $0..._ _ mm ..._..._.. ._.. _..� .3.',8$6,000 Manufactured Homes 0 $0 1 $31,000 _._ ..... ...._... 0 $0 .........TOTALS 16 -$3,422,678 �� 12 $1,664,752 15 $4,353,388 Fiscal Yea. .............. � y..._.. $19,215,988 _. $6'.1_._ ..... _ 1 — June 30 ...... ) ._....to Date Jul ..�..� �...� ..� ._..._..�w�.....��...�.�.... ............ 15,321 $16,674 969 -------------- MCommunity Development\Building\Building Activity\B1dgAct-2018\B1dg Activity-MemoA\memo-2018-1 January.doc 11 Iii♦ 4 B V' February 26, 2018 TO: Honorable Mayor and City Council FROM: Jamie Johnk, Economic Development Director McKenzie Granum, Assistant City Attorney SUBJECT: Public Arts and Mural Ordinance RECOMMENDATION: Adopt a Public Arts and Mural Ordinance to enhance the scope and purpose of the original Mural Ordinance to include the acquisition and approval of all mediums of Public Art. BACKGROUND: A draft of this proposed Public Arts and Mural Ordinance, which will repeal and replace Woodburn's current Mural Ordinance 2491 , was first brought before the City Council at the February 12, 2018 meeting. The draft presented at the February 12th meeting was part of a follow-up to previous consideration and consensus by the Council that the scope and purpose of the Mural Ordinance should be expanded to include a Public Art component. As part of this program expansion, the Council also requested a change to allow for greater oversight of the Public Art and Mural Committee's decision-making process. This additional oversight within the new ordinance includes a call-up review process of all final decisions on public art or murals by the Committee. DISCUSSION: Based on feedback received from the Council at both the January 22, 2018, and February 12, 2018, meetings, staff prepared the modified Public Art and Mural Ordinance to reflect the following changes: • Program Oversight: o The City's Economic Development Department will provide program oversight. • Section 1. Definitions Agenda Item Review: City Administrator_x City Attorney_x_ Finance_x 12 Honorable Mayor and City Council February 26, 2018 Page 2 o Sections A through C has been added. • Section 3. Composition of Woodburn Public Arts and Mural Committee o Increase Committee participation from five members to seven to nine members and shall include: ■ Two City Council/Urban Renewal Agency members ■ Two representative members from the local arts community ■ One member from the City Planning Commission ■ Additional members may include representatives from the Woodburn Area Chamber of Commerce, Woodburn Downtown Association, Downtown Advisory Review Subcommittee (DABS), Woodburn Tourism Advisory Committee (TAC), a member of a local-area education institution (e.g. Woodburn School District), and at-large community member(s) who have experience, training or expertise in the visual arts, art history, art criticism, or art education. • Section 6. Functions and Duties of the Committee o Sections added regarding art placement and the development of a citywide Public Art Master Plan. • Section 7. Approval by Woodburn Public Arts and Mural Committee o Relocated this Ordinance section. • Section 8. Public Arts and Mural Selection Criteria o Section 1 through 8 reformatted. o Section 9 regarding the maintenance of the public art or mural - was added. • Section 9. Selection Process and City Council Call-up Review o Sections A through C were added defining: ■ The acquisition type and location of public art and murals. ■ The decision-making/selection process of the Committee. ■ A call-up review process for the City Council for any type of public art or mural proposal. A call-up review of a final decision of the Committee may be initiated by a majority vote of the Council. • Section 10. Notice of Public Hearing o Relocated this Ordinance section. • Section 11. Public Hearing o Relocated this Ordinance section. • Section 12. Notice of Final Decision o Relocated this Ordinance section. • Section 13. Public Arts and Mural Application o Added Section 2 - Added legal instrument of conveyance requirement o Added Section 3 - Added funding source disclosure 13 Honorable Mayor and City Council February 26, 2018 Page 3 • Section 14. Application Fee o Reduce application fee to $100. • Section 18. Deaccession o Section added. • Section 19. Judicial Review of Final Decisions o Relocated this Ordinance section. FINANCIAL IMPACT: The Urban Renewal Agency has allocated $100,000 of Urban Renewal funds to the program in the FY 2018-19. 14 COUNCIL BILL NO. 3058 ORDINANCE NO. 2555 AN ORDINANCE ESTABLISHING A PUBLIC ARTS AND MURAL PROGRAM; CREATING THE WOODBURN PUBLIC ARTS AND MURAL COMMITTEE; PROVIDING FOR A PROCESS FOR THE CITY'S CONSIDERATION OF PUBLIC ART AND MURALS; AND REPEALING ORDINANCE 2491 WHEREAS, Ordinance 2491 currently controls the review process and procedures for the City's mural program, including the creation and composition of a mural committee; and WHEREAS, the City Council, through the City's Urban Renewal Agency, has undertaken a goal of setting aside funds to develop and foster a public art program; and WHEREAS, the City Council now finds it to be in the best interest of the City to expand the scope and role of the Mural Program and Mural Committee to also include the review and acceptance of Public Art; NOW THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Definitions. For purposes of this ordinance, the following mean: (A) Deaccession: Relinquishing title to a work of Public Art orwithdrawing a piece of Public Art from the City's control. (B) Public Art: All forms of original works of art accessible to the public and/or public employees that can be experienced free of charge, including: (1 ) Paintings of all media, including both portable and permanently fixed works, such as murals; (2) Sculpture which may be in the round, bas-relief, high-relief, mobile, fountain, kinetic, electronic and others, in any material or combination of materials; (3) Other visual media including, but not limited to, prints, drawings, stained glass, calligraphy, glass works, mosaics, photography, film, clay, fiber/textiles, wood, metals, plastics or other materials or combination of materials, or crafts or artifacts; and Page- 1 - Council Bill No. 3058 Ordinance No. 2555 15 (4) Works of a wide range of materials, disciplines and media which are of specific duration, including performance events, and which are documented for public accessibility after the life of the piece has ended. (C) Public Mural: A work of art, such as a painting, applied to and made integral with or attached to a wall or building surface that is visible to, and accessible to the public and/or public employees. Section 2. Creation of Woodburn Public Arts and Mural Committee. The Woodburn Public Arts and Mural Committee ("the Committee") is hereby created by the Woodburn City Council and is delegated power and authority pursuant to this Ordinance. Section 3. Composition of Woodburn Public Arts and Mural Committee. A. The Woodburn Public Arts and Mural Committee shall consist of seven to nine members appointed by the Mayor to a full or unexpired term, and confirmed by the City Council. Any vacancy in the Committee shall be filled by appointment by the Mayor with the consent of the City Council for the unexpired portion of the term. B. The Woodburn Public Arts and Mural Committee shall consist of two City Council/Urban Renewal Agency members, two representative members from the local art community, and one member from the City Planning Commission. Additional committee members may include representatives from the Chamber Board, Woodburn Downtown Association, Downtown Advisory Review Subcommittee (DABS), the Woodburn Tourism Advisory Committee, a member of a local-area educational institution (e.g. Woodburn School District), and at-large community member(s) who have experience, training or expertise in the visual arts, art history, art criticism, or art education. C. All members of the Committee shall be legal residents of the City of Woodburn, except those members representing the arts community, who may or may not reside within the Woodburn City limits. Section 4. Terms of Office. A. The terms of office of each Committee member shall be three years, or until a successor is qualified and appointed. The terms of Committee members shall be staggered so that the term of office of not more than four (4) members will expire in the same year. The terms of office shall expire at midnight on Page- 2- Council Bill No. 3058 Ordinance No. 2555 16 December 31 . B. Members of the Committee shall receive no compensation for their services. Section 5. Organization of the Committee. A. The Committee shall elect a Chair and a Vice Chair. B. The Economic Development Director shall serve as Secretary to the Committee. The Secretary, supported by other city staff, shall provide notice of public meetings and public hearings, and keep minutes of all proceedings of the Committee in accordance with state law and city ordinances. C. Five members of the Committee shall constitute a quorum. D. The regular meeting place of the Committee shall be at Woodburn City Hall. E. Meetings of the Committee shall be convened by the Chair of the Committee or by the Economic Development Director. Section 6. Functions and Duties of the Committee. The Woodburn Public Arts and Mural Committee is delegated the authority pursuant to this Ordinance to select, acquire, receive, document and register Public Art and Public Murals on behalf of the City of Woodburn. The Committee shall also be responsible for creating opportunities for the placement of art in public locations by developing and promoting a City-wide Public Art Master Plan. The Committee shall not be responsible for, and shall not regulate the placement or approval of signs, structures, or other design media that fall outside the scope or definition of public art or public murals. Section 7. Approval by Woodburn Public Arts and Mural Committee. No person shall commence creation of or installation of any Public Art or Public Mural without first obtaining approval from the Woodburn Public Arts and Mural Committee and agreeing to convey (e.g. license, donate, etc.) the art or mural to the City of Woodburn as provided in this Ordinance. Public Art or Public Murals that are created or exist without approval from the Woodburn Public Arts and Mural Committee or are inconsistent with the conditions of approval from the Woodburn Public Arts and Mural Committee are not considered Public Art or a Public Mural and are therefore subject to the regulations contained in the Page-3- Council Bill No. 3058 Ordinance No. 2555 17 Woodburn Development Ordinance and other applicable ordinances. Section 8. Public Arts and Mural Selection Criteria. The Woodburn Public Arts and Mural Committee shall consider and apply the following selection criteria in selecting and acquiring Public Art and Public Murals: 1. Strength of artist's concept for, and originality of, proposed public art or mural; 2. Demonstrated craftsmanship and experience of the artist; 3. Demonstrated quality and enduring value of the public art or mural; 4. Whether the artwork factors in historical, geographical, and/or cultural features of the community; 5. Site Selection Considerations: a. Appropriateness of scale of the public art or mural to the property/location on which the proposed art or mural will be installed; b. Appropriateness of the scale of the public art or mural to the surrounding neighborhood; C. Architectural, geographical, socio-cultural and/or historical relevance of the Public Art or Public Mural to the site; d. Whether the proposed public art or mural will be located on or within visual sightlines of a single family dwelling, duplex, or multi- family dwelling; as used in this subsection, single family dwellings, duplexes, or multi-family dwellings does not include mixed-use buildings which contain a single family dwelling, duplex, or multi- family dwellings; e. Whether the proposed public art or mural will be located in a manner that makes it readily visible to the public; 6. General support/advocacy for the public art or mural from the property owner, surrounding neighborhood, adjacent businesses, and arts community; 7. Ability to complete the proposed public art or mural; Page-4- Council Bill No. 3058 Ordinance No. 2555 18 8. Whether the proposed public art or mural will contain electrical components, which generally will not be approved unless specially used in the design and/or placement of the art, including flashing or sequential lighting any automated method that causes movement or periodic changes in the appearance, image, or message of the public art or mural; and 9. The responsibility for maintenance of the public art or mural, including any extraordinary operations or maintenance costs associated with the public art or mural. Section 9. Public Arts and Mural Selection Process. A. Types of Acquisitions. The Woodburn Public Arts and Mural Committee shall have authority to approve the selection and acquisition of Public Art and Public Murals that fall under one of the following categories: 1 . City Acquisition of a Public Mural to be placed on City-owned or third-party property regardless of funding source. 2. City acquisition of Public Art to be placed on City-owned property that is funded through a gift or donation. 3. City acquisition of Public Art to be placed on City-owned or third- party property that is funded through the City's Urban Renewal Agency. B. Decision-Making Procedure. The Committee shall hold a public hearing on the proposed Public Art or Public Mural. After the conclusion of the public hearing, the Committee shall deliberate and make a final decision on the proposal based upon the selection criteria outlined in Section 8. The final decision by the Committee shall be in written form and shall contain findings and conclusions explaining how the public art or mural selection criteria were applied to the application. C. Call-Up Review by the City Council. For all Public Art or Public Mural proposals being considered under this ordinance, the City Council may, by majority vote, initiate a review of the Committee's final decision on the art or mural application. The Procedure for this call-up includes: 1 . A summary of all final decisions by the Committee involving an application for Public Art or a Public Mural shall be forwarded to the City Council as an information item by the Economic Development Director at the time notice of a Final Decision is provided by this ordinance. Page- 5- Council Bill No. 3058 Ordinance No. 2555 19 2. Review under this Section shall be initiated before the adjournment of the first regular City Council meeting following the date the City Council receives notification of the decision. 3. The City Recorder will set a hearing date for the City Council review. 4. The notice, hearing, and decision procedure for a City Council review shall follow the provisions of this ordinance provided for the initial hearing by the Committee. Section 10. Notice of Public Hearing. When the Committee or City Council holds a public hearing on a proposal for Public Art or Public Mural, written notice of a public hearing shall be published once in a newspaper of general circulation and shall be posted on the property where the Public Art or Public Mural will be placed. Public notice shall be given no later than thirty (30) days before the public hearing. The notice shall explain the purpose of the hearing, and state that the public art and mural application is available for inspection at the office of the Economic Development Director. Section 11. Public Hearing. At a public hearing held on a proposal for Public Art or Public Mural, any interested person shall be afforded the opportunity to speak or to present written evidence to the Committee or City Council. Section 12. Notice of Final Decision. The Committee and City Council shall provide notice of its final decision to the applicant and all persons who presented testimony or submitted written evidence at a public hearing. Section 13. Public Art and Mural A121211cation. An application for conveyance of proposed Public Art or a Public Mural to the City will be submitted on a form prepared by the Economic Development Director. The application will include: 1 . General information regarding the public art or mural, such as, the location, materials, size/dimensions, written description of the public art or mural, and an explanation of how the public art or mural meets the selection criteria specified in this ordinance; 2. A legal instrument of conveyance, setting forth an adequate description of the objects involved (artist, title, medium, dimensions, date, the precise condition of transfer, and maintenance instructions); and 3. A description of the overall funding source(s) contributing to the conveyance of the public art or mural. Page- 6- Council Bill No. 3058 Ordinance No. 2555 20 Where Pubic Art or a Public Mural is proposed to be installed on third-party property, an Easement Agreement shall be submitted that includes: a legal description of the property upon which the public art or mural will be installed, a sketch of the public art or mural as itwill be placed on the property, proof of ownership of the property (i.e. a copy of the deed), and proof of identity of the person who has the authority to sign the easement. Section 14. Public Arts and Mural A121211cation Fee. The application fee for proposed public art or mural is initially set by the City Council at $100. This fee may be adjusted by the City Council as appropriate as part of the Master Fee Schedule. This fee may also be refunded at the discretion of the Economic Development Director where an application is withdrawn or the project fails to be approved by the Committee. Section 15. Easement & Automatic Renewal. The approval and acceptance of each Public Art or Public Mural installation upon third-party property shall be contingent upon the conveyance of an easement to the City from the owner of the property upon which the public art or mural will be located. The easement shall be for a period of seven years (7) and shall automatically renew and continue for successive seven year (7) terms unless either party terminates it within thirty days after the expiration of any seven-year term. Section 16. Termination of Easement by Property Owner. The easement may be terminated by the Property Owner at any time with the City's written consent upon the Property Owner's showing of any of the following: (i) that the property is to be sold and the buyer requires removal of the easement as a condition of the purchase and sale; or (ii) that the property is to be refinanced and the lender requires removal of the easement as a condition of the refinancing; or (iii) that the property is to be substantially remodeled or altered in a way that precludes continued maintenance of the public art or mural; or (iv) that circumstances have materially changed and the continued existence of the easement or maintenance of the public art or mural substantially impedes the Property Owner's reasonable use and enjoyment of the property. The City shall not unreasonably withhold consent to termination upon the Property Owner's satisfactory demonstration of any of the foregoing conditions of termination. Section 17. Termination of Easement by City. The City may terminate the easement at any time at its sole discretion upon thirty-days written notice should the Property Owner fail to substantially perform its obligations under a Public Arts and Mural Easement Agreement. Page- 7- Council Bill No. 3058 Ordinance No. 2555 21 Section 18. Deaccession. A. General Policy. While the intent of the acquisition of Public Art or Public Murals is to acquire the work for a permanent lifespan, circumstances may arise in which the City decides to relocate or withdraw a piece of artwork from public display. It should be the policy of the City not to remove or relocate a piece of artwork prior to the work having been in place for at least seven (7) years. The City reserves the right to deaccession works of Public Art where it determines it is in the best interests of the public and deaccession provides a means of improving the overall quality of the City's Public Art collection. At the beginning of the process, the City will make reasonable effort to notify any living artist whose work is being considered for deaccession. B. Criteria for Deaccession. Public Art or a Public Mural may be considered for deaccession if one or more of the following conditions apply: 1 . The public art or mural presents a threat to public safety; 2. The condition or security or the public art or mural cannot be guaranteed; 3. The City cannot properly care for, maintain, or store the artwork; 4. The public art or mural requires excessive maintenance beyond what was budgeted for when the application was approved; 5. The public art or mural has serious faults in design or workmanship; 6. The public art or mural is in such a deteriorated state that restoration would prove unfeasible; 7. The site of the public art or mural is no longer appropriate or accessible to the public, is unsafe, or is due to be demolished; 8. Sustained and overwhelming public objection to the public art or mural has been received; 9. Evidence is presented that the public art or mural was acquired illegally; or 10. A written request from the artist has been received to remove the public art or mural from public display. Page-8- Council Bill No. 3058 Ordinance No. 2555 22 C. Process for Deaccession. The Committee shall hold a public hearing to determine if one or more of the criteria for deaccession has been met. The Committee reserves the option of hiring a consultant to advise on whether the Public Art or Public Mural meets the deaccession criteria. The procedure and notice requirements for the deaccession hearing shall follow the same process for proposals under Sections 9 - 12. A final decision by the Committee for deaccession of a piece of Public Art or a Public Mural shall be in written form and shall contain findings which include: 1 . A detailed report on the condition of the public art or mural; 2. An estimate or appraised value of the art or mural, if any; 3. Justification for deaccession, according to the criteria set out above,- 4. bove;4. A suggested method of deaccession (e.g. sale, transfer, return, auction); 5. Documentation of notification to the original artist, if living, or any related correspondence; and 6. Alternatives to deaccession and costs of doing so. Section 19. Judicial Review of Final Decisions. The final decision of the Committee or City Council under this Ordinance is not a land use decision and is reviewable exclusively by Writ of Review filed in the Marion County Circuit Court as provided in ORS 34.010 to ORS 34.102. Section 20. Repeal of Prior Ordinance. Ordinance 2491 is repealed in its entirety. Section 21. Severability. The sections and subsections of this Ordinance are severable. The invalidity of any section or subsection shall not affect the validity of the remaining sections and subsections. Section 22. Savings. The repeal of any ordinance by this Ordinance shall not preclude any action against any person who violated the ordinance prior to the effective date of this Ordinance. Approved as to form: City Attorney Date Page- 9 - Council Bill No. 3058 Ordinance No. 2555 23 Approved: Kathryn Figley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Heather Pierson, City Recorder City of Woodburn, Oregon Page- 10- Council Bill No. 3058 Ordinance No. 2555 24 Iii♦ 4 B V' February 26, 2018 TO: Honorable Mayor and City Council through City Administrator FROM: James C. Ferraris, Chief of Police SUBJECT: Police Radio Channel System Upgrade Sole Source Contract Award and City of Hubbard Intergovernmental Agreement RECOMMENDATION: 1 . That City Council, acting as the Local Contract Review Board, approve the attached Resolution awarding a sole source contract to Radio Communications Service, Inc., dba Complete Wireless Solutions ("CWS"), for upgrading the City's police radio channel system, adopting findings, and authorizing the City Administrator to sign the contract. 2. Authorize the City Administrator to execute the attached Intergovernmental Agreement (IGA) with the City of Hubbard for the Cooperative Procurement of Goods &Service from Radio Communications Service, Inc. BACKGROUND: The City of Woodburn Police Department is in need of additional components to improve the existing radio systems coverage and reliability. The City purchased the current digital system about four years ago. The overall purpose of moving toward a digital system includes improving the quality and reception of the radio communication from field units (patrol officers) to dispatch and the reverse. The City's previous system was an analog system and often was scratchy and unreadable which created a safety concern when the voice communication was unreadable. The significant difference between analog and digital is similar to developing cell phone technology. Old cell phone analog technology caused "hit and miss" communication in areas of poor coverage. Current cell phones are digital and when out of tower coverage, a call drops completely. This comparable happening is exactly how the police radio system works. The old analog system resulted in poor, scratchy coverage, and now the current digital Agenda Item Review: City Administrator_x_ City Attorney_x_ Finance—X- 25 Honorable Mayor and City Council February 26, 2018 Page 2 radio system drops communication all together if the officer is far enough away from a tower site. To resolve this problem, additional tower sites need to be developed to improve the footprint where the officers patrol. This upgrade and expansion was intentionally the next phase of the project, and it can now be completed due to sufficient funding made available through the budget process and a partnership formed with the City of Hubbard. Currently only one tower site in this region is equipped with police radio channel equipment. This system upgrade, in partnership with the City of Hubbard and Woodburn Public Works as beneficiaries, will result in triangulation of three core tower sites. The two additional tower sites for equipment installation include the Woodburn Waste Water Treatment Plant and the Hubbard Water Tower. These additions will provide improved coverage throughout the communities of Woodburn and Hubbard specifically, but will also include a larger footprint that will provide radio continuity when transporting subjects to the Marion County Jail and assisting public safety partners if they are in an area adjacent to our community. The original design of the system was the first phase of the project. Now, the expansion of the City outside of the original radio project coverage area has affected the reliability of that system and a timely upgrade/expansion is necessary. DISCUSSION: The Woodburn Police Department has CWS as the sole provider of compatible equipment and expertise in building the upgrade to the City's current system. Reference is made in the accompanying Resolution and findings justifying a sole source award to Radio Communications Service, Inc. In planning for this radio channel system upgrade, the City intends to enter into an IGA with the City of Hubbard so as to share in the costs and benefits of engaging CWS in the sole source contract. As referenced above, the system upgrade being proposed includes radio channel equipment being installed on Hubbard's Water Tower. This site proposal not only provides for that greater level of coverage and reliability in the region mentioned, but it also enables a partnership to be formed between the two Cities that eliminates many redundancies and extra costs. The proposed IGA states the terms and conditions 26 Honorable Mayor and City Council February 26, 2018 Page 3 by which the system upgrade will be managed and how costs will be paid. Specifically, the City will serve as the primary contact for CWS in coordinating system installations as well as being responsible for making direct payments to CWS for the goods and services provided. The City will then be reimbursed for 1/3 of the overall contract cost by the City of Hubbard (estimated to be around $52,902). The City of Hubbard approved and adopted this IGA at their February 13, 2018 City Council Meeting. FINANCIAL IMPACT: The cost of the police radio system upgrade is estimated at$158,706.35. One third of this estimated cost will be reimbursed to the City by the City of Hubbard. Sufficient funding has been approved in the adopted 2017-18 budget for this system upgrade. 27 COUNCIL BILL NO. 3059 RESOLUTION NO. 2111 A RESOLUTION AWARDING SERVICE, ING THE POLICE RADIO ; ADOPTING FINDINGS; AND AUTHORIZINGTHE CITY ADMINISTRATOR TO SIGNTHE CONTRACT WHEREAS, The City Council, acting as the Local Contract Review Board, has the authority under the City's public contracting rules, and consistent with State law, to award a public contract for goods and services available from only one source; and WHEREAS, the City needs to upgrade its police radio channel system that incorporates certain Kenwood brand equipment; and WHEREAS, Radio Communications Service, Inc. is the sole local dealer of Kenwood Equipment and can provide the appropriate services necessary to ensure the upgraded system is compatible with the current police department's design and system; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City Council, acting as the Local Contract Review Board, hereby awards the sole source police-radio channel system upgrade contract to Radio Communications Service, Inc., dba Complete Wireless Solutions, in an estimated amount of one hundred fifty-eight thousand seven hundred six 35/100 dollars ($158,706.35) (See Exhibit A quote). The total contract amount included in the attached quote is an estimate that has been provided by Radio Communications Service, Inc. on the basis of currently available information from the Woodburn Police Department and Hubbard Police Department. If anticipated radio frequencies are not available at select sites where the system upgrades are to occur, the estimated contract price may increase. The Council authorizes the City Administrator to negotiate any contract or fee amendment that it deems to be fair and reasonable. Such an amendment shall not exceed seventy-five thousand dollars ($75,000) without receipt of additional Council approval. The total contract amount for the system upgrade shall be paid directly by the City of Woodburn with reimbursement of one-third (1/3) of the costs to be paid by the City of Hubbard under the terms of an Intergovernmental Agreement entered into at the time of this contract award. Section 2. This sole source contract is approved based on the Findings affixed as Exhibit B and incorporated herein. Page 1 - COUNCIL BILL NO. 3059 RESOLUTION NO. 21 1 1 28 Section 3. The City Administrator is authorized to execute a contract with Radio Communications Service, Inc. upon Council approval of this resolution. 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: Heather Pierson, City Recorder City of Woodburn, Oregon Page 2- COUNCIL BILL NO. 3059 RESOLUTION NO. 21 1 1 29 EXHIBIT A RADIO COMMUNICATIONS SERVICE, INC. QUOTE CaznpleM 11124:5 Washington St. SW 175,S 22"" Stt. SE Albany,OIR 37321 Salem, OR 57302 541-528-11631-Fax 5411-52j3-4221 5G,3-3G2-113&3-Fax 50134624555 Oidoee for 4�'&,&d6urn PbEae Dom TGE Chief James Ferraris F�r : 11,ai-k Schumacher Re: Quote:far Kenviood.3 Site 3 Ch=a]NexedgeTTxmkin_7 System Thefollowin_7 is a quoteSor a.3 Sate 3 Cbatmel IN'XDN, Trunking Systernxvith one control and two voice channels on early.site. The,system,utilizes the Woodburn%A'asta Water 'Treatment Plant Tower Site:,Hubbard Walaz'Tank and Crosby Road sitil. This systern Lwould utiliZe,the current Woodburn Polize chaxmel,WoodFLYurn Transit channel and the Hubbard Public WcTks channel. There-would need to be ux additional repeater pairs obtained to complate'the Eystern. Pricing f'dTthe necessary FCC licensing is also provided in this quote. The reg uamcies obtained may-require abzingas to the estimated,combining,costs that are Pairt of this quarte. These are:budgetary numbers only tbat may change depei3dLaZ on th;--:frequencliea obtained and possible changes at time communications sites that would req!ulre,a change U'3,equiplMIE33t. 'This systern-Lwould Ell"a the:Police increased oo-vera_7e with the additiOn of tivo sites that viould allovv offimcerg and dispatch to not pick a sitebut sunply key the radio and the systern wouldroute thee, to th;--:other site,-tD allow useTs to communicate across the city wwith increased' coverage. 10,63excapabilities;we the,use of AVL w- Vehicle Location via,tkie ladio system,a's vvell,as shart messaging via ffia radio system if needed. These featurez would alao,be berieficial to th;--:transit:binsez ul the cit-. Accordl'Dg to Nfetcom, the new co�niole,Willu3tegratew3ith the GP'S oAVI L feature without the need for additional saffivare to be purchased. The NX-7110 subacriber units however ivould,need GPS receiver boardE and antennas installed into the rm3i,os and i7ahiclestea utilize this feature. NewveT versionmobites ha-ve tll;--:GPS receiver Imbedded in the unit as a standardfaafure. The new—ex ,:,e,,rslo!n modals vmuLd.onlyneed the:GRS antenna added to the -vehicle, The users of the system woukahare the,capacity of the trunEng Sy°ltEIM. The EvEtem cnan be:expanded in the ffiture if needed to alLow for more capacitlj-aE the, user weeds require it. Wireless,, 2-Way, Sales, Service,, Maintenance �KIE NW01100, - FIRECOM- BE N DIX IN -' ILO "AL.STAR Page 3- COUNCIL BILL NO. 3059 RESOLUTION NO. 2111 30 'The H,ubbaz,d Water Tank will need to have a new,antenna inount installed to support the proposed antenna asthe current mount 111301 not support the larger antenna. CWS will work wath'Hubbard"PW to locate,a,fabricator and de6de on adesign. Labor is, quoted at the end, of th'Is quote For thatLvark. Three,Site 31 Channel NXDN Tilunking Sirztem Woodburn Wazte 11 anter Treatment Plant T'ower Descri-ption, cost, Install,of V.7oodbun3-PD and, Transit to the:Wasle Watw Treatment Site $63,437.365 Includes: 2K,e.u,-Lvoo,dl,TI �5700KHF"=, -NRepeatars, 2 Kenivood KS"PA2,2403 50 Watt Power Amphifierri CPS Disci,pl[nged Clock witl] 10 MEE Reference 3 - KSGPG9 1800 Tnuikinq, Feature Key for Repeaferri KSGPG9 19"EO I=N Site 1etwmkrngg"Key COMPTod,'Three Channel Combining Systern RF.hunpers For'Tramnait and Receive 2 Comprod Dual Opposing;Dipole,Antennas 20: Aluminum Schedule 80 Antenna M'ast and Clamp Seta 3' Antenna Stand,Off MbLu3t and 5:-Mast Feedline Snap Clips, Ground Straps, Entry, Plate and Boot 360 Feet of 7`8"' Hehay.FL-edh2eand Connectoys,, 1010 Amp Supply with B aftei-y Char,gingill'Bac:kup Po,Lver Distribution Panel Four l00 Al.B attlen'92s For Ba ;p,Pcvvver and Flack Ground Bus, and,2 Polypbasiaj Liglitning Arrestols, '7 Foot ,4 Post EquipmentRack PTOEiraau and Setup of NL-%%-IZ3a-5 70,,O1+T'Repeaters Labor to PIVEram RePeaters,for N,, ,XDN Trunking Labor to,Setup I=N RF SvEfem and Opt'Mize Labor to,InstaH.Antennas and Feed,lin,e an,Towmer Remo-,-3i of Tranzit'Repeater Only fram,'Watar Tu& Site Labor to,Rack,Equipanentand Install Rzak All 1etwork Cabl31ng,Routers arra Sivitchsz to,be Supplied, by Metcam, Freight Page 4- COUNCIL BILL NO. 3059 RESOLUTION NO. 2111 31 Hubbard WaterTank,Site Description Cost Cca3version to NYjD,N Trunking n the Hubbard,W? ater Tank Site E59,7 28.10, Includes: 2 Kenxvood I�XR�5 700K VHF= Repeaters 2 Kanvood KSP2240 50 Wi att Poixer Amplifiers GP'S Disciplined Clock avium 10'Meg Reference: 3 - KSGPG9 1900 Trumking Feature Key for repeaters KSGPG9 1910 1='�S ite I�L-ftvorkingg Key 84': Equipmamt Cabinet ivith,Doors COMPTod,3 Chmanel Combining System 10OAmppcnverSupp lyiv�LthB,attei�- CharEing,,'B�;ickU'p : Power Distribution Panel Four 100 Al,Battell'as For B,ackw Power-'No Rack Ground,Buss amend 2 Pobypliaier LiFlltl3iing Arrestors RF humpers For'Tram 333d Recen-e 200' of 7"S"Helimm and Connectors Dual Feed,Stacked Dua] 0 'POE' E Dipole Anteima p. ing 3 PIOEram and Setup of New%=+ 5700Krepeaters Labor to,Instal]Antenna and Feedhne Labor to Program Repeaters for NXDN Trunl6ng Labor to,Setup ID-1�7 R.F SyElem and Optimize Labor to,Fa7A!F4pipmentand Install Cabinet All N'et-vork Cabling, routers amend Switches to be Supplied by Metcom Freight Crosin,Rd. Site Desciiptim coft Coa3version to]I,7=2�7 TrunkitiZat the CrosbyRd. Site S28,34-65.901 Includes: 2 Kenxvood I�XR�5 700K VHF= Repeaters 2 Kanvood 1 PA225 13 100 Watt Power Amplifiers GPS Disciplined Clock ivitli 10'Meg Reference: 3 -'KS GPG9 1900 Trumkinz Feature Key for repeaters K&GPG9 18 101=1,7 Site I�L-tmmrking Key KP'G-149 RM RemcAe Monitoring Soffiimre KP'G-I 10 SMK System hianager Trunking Soffivare KSGPGKEY&M System Manager Key KSGPGKEY01 Grade ] Unlimited Access Key RF Jumpers ForTranituit 333d Recerc-e PIOEram and Setup of New%=+ 5700K Repeaters Labor to Program Repeaters for NX DN Trunl6ng Labor to,Setup ID-1�7 R.F SyElem m3d.Optimize Labor to,Rack F4,uipment Labor to,Retune Existing Combining Cavities Page 5- COUNCIL BILL NO. 3059 RESOLUTION NO. 2111 32 All N'ehvork Cabling,'Routers 333d Switches to,be, Supplied by Mete= Freight FCC Licensing Fee:for N.XDN, Trunking System 1$ 4,650.00 KOH484 MoVe PD FB,2,1)o Crosby and add 2 Additional F132's KUZS49 Move Crosby FB2 to Hubbard Urater Tank and add 2 FB2:'s WQAR660 N1,01ce Countn,Club Rd. FB' tto �717p Tower and Add 2 FB,2:s, �CW S Labor to work iviith Hubbard PW on new,r' Includes: Time to locate a Cuntractor ClImbing 11ater Tank,to Access the ixork needed with Contractor Meetings with'the City to,go cpcer antenrLa mount construction Cost to supenise the project if needed will be ca3 a separate quote along 1mitlithe eontractor's quote to fabricate 333d build theantanna mounting sbucture on WaterTank. T@tzl for a 3'bite 3 Ch2nBel NX'D-N, Th,e above KenwGod pricug reflects the NASPO State Coutract Price The combining on the Waste U,'"ater Treatment Plant'Towex and Hubblard'w2ter'Tovver skes areestimated arid,;ahhvug)iwe feel the erllimate a iffl co-ver the cost Lt May not deendin -�:&eqaenci s tliatvvould be available for thom-�Sites. We vvill attem p _g on the le 3 Pt to acquirs:frequencies timet. will.fitwithin'the cnitelia,,vve ha-ve used for this quote. Equipment Warrant,fdT Kenivood Repeaters: 3 Ye,,us Parts 333d Labor (Dealax Labor not covered afTar I'90 dKws) Equipment Warrant,fdT Kenivood Aoceswnias: I Year Parts and Labor (Dealpay'Labor not coveied after 'I'90 Das) Warranq, for Comprod Combining: 3 Years Warranty on Comprod Dipoie Antemus:2 Years Equipment U,'"arrant,fdT all other Eq4ment: I Year ,CWS Warranq,Pelizd for Labor: 1,90 Days from Date of Invoice (Cloversitemsunderthe scope of CWS work—Network Issues not!covered) Time Cit, f'Woodburn and Hubbard,will.need,to provide a ground to-timeG=33d Buse installed,by CIVS at each site. 'This is a budgetary qpcteffiat has been estimated with the blest available inSonmabiOn at this tune. The biggest unknown 11E the:,combining costE,due to not knowingthe actual frequencies to be used. if you have any questions, please�do not hesitate tri calll men3 the office at 503_3,62.-13'89 or on mv cell at 303-432- 033 0. Quotation,Good for,60 Days Page 6— COUNCIL BILL NO. 3059 RESOLUTION NO. 2111 33 EXHIBIT B FINDINGS IN SUPPORT OF SOLE SOURCE CONTRACT AWARD FOR UPGRADES TO THE CITY'S POLICE RADIO CHANNEL SYSTEM State and local public contracting rules allow for sole source procurements when the Contact Review Board adopts findings that support the conclusion that the good or service is available from only one source. A sole source procurement is required for the upgrade to the City's police radio channel system for the following reasons: 1 . Compatibility& Replacement Parts-The City's current radio channel system includes equipment and parts that are Kenwood branded goods. As part of the overall system upgrade, certain parts in the City's system need complete replacement while new equipment must also be purchased. The upgrade must include the purchase of Kenwood parts and equipment for reasons of compatibility and functionality with the current system. Radio Communications Service, Inc. is the sole local dealer for the necessary Kenwood parts and equipment. Radio Communications Service, Inc. is also the service provider that can, and has the expertise to install the upgrades for the system with limited disruption and at a cost savings to the City. 2. Performance - The design of the City's current radio channel system incorporates unique and specialized parts and equipment and the new design for the system's upgrade by Radio Communications Service, Inc. is truly"one of a kind"to match. The upgraded design meets the City's specific communications needs and has been built for the City's geographic and topographic locale. This specialized system upgrade will allow users to communicate reliably across the City with increased coverage, allow for shared capacity with the City of Hubbard, and ensure state regulations for such systems are met. 3. Reliability - Radio Communications Service, Inc. is a premier full service wireless communications company specializing in commercial two way radio systems. It has two locations, one in Albany and one in Salem providing service to Government and Public Safety entities primarily in the Willamette Valley area. Radio Communications Service, Inc. has three salesmen and seven technicians with an average of 29 years' experience in the communication industry, their ability to provide the upgrade installation and repairs and maintenance in a timely manner is unparalleled in this region. Page 7- COUNCIL BILL NO. 3059 RESOLUTION NO. 21 1 1 34 INTERGOVERNMENTAL AGREEMENT FOR THE COOPERATIVE PROCUREMENT OF GOODS & SERVICE FROM RADIO COMMUNICATIONS SERVICE, INC. THIS Intergovernmental Agreement for the cooperative procurement of certain goods & services from Radio Communications Service, Inc. ("IGA"), is entered into between the City of Woodburn, an Oregon municipal corporation ("Woodburn"), and the City of Hubbard, an Oregon municipal corporation ("Hubbard") pursuant to ORS 190.010. BACKGROUND A. The Woodburn and Hubbard Police Departments require upgrades to, and increased coverage for their radio channel systems, which are integral to the functional operation of both departments. B. Currently, both Woodburn and Hubbard maintain radio channel system equipment on certain pieces of property and infrastructure within their City boundaries that can be jointly upgraded to provide both departments with the improvements and increased coverage they require. C. As a means to acquire overall cost savings for both Woodburn and Hubbard for the subject system upgrades, a cooperative procurement process has been employed that has identified Radio Communications Services, Inc., an Oregon domestic corporation, dba Complete Wireless Solutions ("CWS") to fulfill the joint purchase agreement for goods and services. D. The purpose of this IGA is to establish the terms and conditions under which Woodburn and Hubbard will share in their responsibility for the joint procurement, the costs of the joint purchase, as well as how the Parties will coordinate on-site equipment locations, installation, and maintenance of the upgraded radio channel system. NOW THEREFORE, the Parties agree as follows: AGREEMENT 1 . Cooperative Procurement Process & Contract Award. I .] . Radio Channel System Upgrades. Both Parties have identified a need and desire to upgrade and improve their police radio channel systems. As part of that process, necessary equipment, site locations for additional system installations, and related services have been COOPERATIVE PROCUREMENT IGA Radio Communications Service, Inc. Page 1 of 10 35 identified for joint procurement under this IGA. The Parties have identified that for an effective upgrade, it must acquire a 3 Site 3 Channel NXDX Trunking System with one control and two voice channels on each site. The sites that have been identified for system installations include: (i) The Woodburn Waste Water Treatment Plant Tower; (ii) the Hubbard Water Tank; and (iii) a site along Crosby Road. 1 .2. Sole Source Contract Award to CWS. Both Parties agree that a sole-source procurement under the regulations of ORS 279B.075 is the appropriate procurement process for the acquisition of the necessary radio channel system upgrades (i.e. the subject "goods and services"). This sole source contract shall be awarded to CWS. The determination of a sole source is based upon the written findings that are included in the attached Resolution to be approved by the Woodburn City Council serving as Woodburn's local contract review board (Exhibit A). As required by subsection (c) of ORS 279B.075, Woodburn has negotiated with CWS to "obtain contract terms that are advantageous" to both Woodburn and Hubbard. 1 .3. Shared Responsibilities and Duties of Contract Award to CWS. Both parties agree to execute, acknowledge, and/or deliver all such other and additional instruments, notices, and other documents, and will do all such other acts as may be necessary or advisable to properly award the sole source contract to CWS. 2. Conditions of Cooperative Procurement. 2.1 . Woodburn's Rights & Responsibilities. Woodburn agrees that it shall: a) Assume the primary negotiating role in contracting with CWS, ensure that all contract terms are beneficial and advantageous to both Parties and comply with Oregon public contracting regulations, and include language in the contract with CWS that expressly makes Hubbard a third party beneficiary to the agreement; b) Complete sole source justification findings that allow for the award of a sole source contract to CWS; c) Serve as the primary contact for CWS for coordinating the upgraded system installation, and system modifications, as well as any future maintenance as may be required; COOPERATIVE PROCUREMENT IGA Radio Communications Service, Inc. Page 2 of 10 36 d) Ensure that the Woodburn Water Treatment Plant Tower Site and the Crosby Road Site that have been identified for system installation are appropriately prepared and arrangements for installation are coordinated with CWS; and e) Ensure that the payment of all necessary fees for the system upgrade is made to CWS as stipulated per Section 3 below. 2.2. Hubbard's Ri hts & Resl2onsibilities. Hubbard agrees that is shall: a) Adopt or complete any necessary independent findings its local contract review board or administration requires for the joint award of a sole source contract to CWS; b) Assure necessary coordination with Woodburn, thus allowing for efficient and expedient system installation, modification, and/or future maintenance as may be necessary for the overall successful upgrade of the radio channel system for both Parties; c) Ensure that the Hubbard Water Tank Site that has been identified for system installation is appropriately prepared, including payment for and installation of a new antenna mount, prior to making arrangements for system installation with CWS; and d) Ensure that the payment of all necessary fees for the system upgrade is made to Woodburn as stipulated per Section 3 below. 2.3. Property Site Ownership. Both Parties shall retain full ownership of, and liability for the properties within their jurisdictions that have been identified as site locations for installafion of the system upgrades. Both Parties shall be responsible for the general upkeep of their respective properties and shall maintain the sites as necessary for the functional operation of the radio channel system. 2.4. Records. Each party shall be responsible for retaining all its own records relating to this IGA and procurement and contracting activities carried out under this IGA for the period of time required by Oregon Records Retention rules. 2.5. Contract Dispute Resolution with CWS. Should either party find COOPERATIVE PROCUREMENT IGA Radio Communications Service, Inc. Page 3 of 10 37 dissatisfaction with the goods or services provided by CWS under its contract for the radio channel system upgrades, both Parties agree that they shall work together to arrive at a solution for handling the matter, including coming to an agreement on how to direct communication or demands to CWS and settling the overall matter. 2.6. Future upgrades or expansions of the System. Both Parties acknowledge that the radio channel system may be expanded in the future if needed to allow for more capacity as the user's needs require. Both Parties agree that should a future expansion be necessary or prudent, then coordination on upgrade locations, equipment, and costs will be discussed between the Parties to determine if joint procurement under this IGA or an independent procurement process is appropriate and in the best interest of the Parties. Both Parties shall engage in this discussion process prior to making any independent procurement decisions for future expansion. 3. Costs & Payment. 3.1 . Fees & Payment. 3.1 .1 . Woodburn's Payment. Woodburn shall be responsible for payment to CWS for the agreed to contract price for the entire system upgrades. An estimate of these costs is included in the quote provided by CWS on January 10, 2018 (attached as Exhibit B). 3.1 .2. Hubbard's Payment. Hubbard shall be responsible for payment of one-third (1/3) of the CWS-contract price for the system upgrades and shall make such payment to Woodburn as a reimbursement for Woodburn's direct payment to CWS. An estimate of this cost is fifty two thousand nine hundred two dollars ($52,902) based upon the quote provided by CWS on January 10, 2018 (attached as Exhibit B). 3.1 .3. Hubbard Water Tower Antenna Mount. CWS's quote for goods and services includes CWS's estimated cost for working with Hubbard's Public Works Department to locate a fabricator and decide on a design for a new antenna mount that is necessary for the system upgrades. This incorporated cost shall be shared proportionally and covered by both Parties as outlined in Sections 3.1 .1 . and 3.1 .2. (Le, 2/3 Woodburn : 1/3 Hubbard), however, the actual future cost to fabricate and build the new antenna mounting structure shall be solely the responsibility of Hubbard. COOPERATIVE PROCUREMENT IGA Radio Communications Service, Inc. Page 4 of 10 38 3.1 .4. Change in Costs. The Parties acknowledge that the quote provided by CWS is an estimate and that the final cost may increase depending on site supervision requirements and the radio frequencies that are available for the site locations identified. All price adjustments or increases shall be shared proportionally and covered by both Parties as outlined in Sections 3.1 .1 . and 3.1 .2. (i.e. 2/3 Woodburn : 1/3 Hubbard). No agreement shall be made with CWS that increases the final cost of the.contract quote by more than twenty percent (20%) without the express written approval of both Parties. 3.1 .5. Future Costs & Payments. The Parties acknowledge that future maintenance or service costs not currently owed under a contract with CWS, may be billed to the Parties in the future. The Parties agree that such costs will be shared proportionally and will be covered by both Parties in a similar manner as outlined in Sections 3.1 .1 . and 3.1 .2. (i.e. 2/3 Woodburn : 1/3 Hubbard). 3.2. Billing. The fees and costs amount owed under contract with CWS for the goods and services to be provided will be billed and invoiced directly to Woodburn. Upon payment by Woodburn to CWS of any costs, Woodburn shall deliver an invoice to Hubbard for its proportional share for reimbursement. All invoices sent to Hubbard shall include a copy of the original CWS invoice for Hubbard's records. Fees and costs to be reimbursed by Hubbard shall be due from Hubbard to the City within thirty (30) days following receipt of any invoice. 4. Term & Termination. 4.1 . Term. The term of this IGA commences upon the Effective Date and runs until CWS has completely delivered all goods and performed all services as required under its joint procurement contract, and the Parties have paid all fees in accordance with the provisions required by this IGA and carried out all duties necessary to complete the radio channel system upgrade. 4.2. Termination. This IGA may be terminated as follows: 4.2.1 . Mutual Consent of Both Parties. This IGA may be terminated upon the mutual consent of both parties. 4.2.2. Expiration of the Contract. This IGA terminates upon the expiration of the IGA Term provided under Subsection 4.1 . COOPERATIVE PROCUREMENT IGA Radio Communications Service, Inc. Page 5 of 10 39 4.2.3. 'Party's Right to Terminate. Either party may terminate this IGA, effective upon delivery of written notice to the other party or at such later date as may be established under any of the following conditions: a) If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that certain activities are no longer allowable or appropriate under this IGA. b) If any license or certificate required by law or regulation to be held by either party to provide the services required by this IGA is for any reason denied, revoked, or not renewed. c) If either party fails to perform certain covenants or obligations required by this IGA, and where such failure is not cured within ten (10) business days after delivery of notice of breach by the other party, or such longer period as may be specified. 5. Compliance with Applicable Laws. The Parties agree that both shall comply with all federal, state, and local laws and ordinances applicable to the work to be done under this IGA. 6. Nondiscrimination. The Parties agree to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules, and regulations in their performance under this IGA. 7. Relationship_ of the Parties. Neither party shall at any time hold itself out as a subsidiary or affiliate of the other party. Further, nothing contained herein shall be deemed or construed by the Parties, nor by any third parties, as creating the relationship of a joint venture or partnership between the Parties, or a relationship between a party and any suppliers, employees, contractors or subcontractors used by the other party to carry out functions under this IGA. 8. Limitations on Liability. 8.1 . Indemnification. Each party shall, to the extent it may under the Constitution and laws of Oregon, indemnify, defend, and hold harmless the other party and its officers, employees, and agents against all claims, demands, suits, actions, losses, damages, liabilities, costs and expenses of any kind or nature arising directly out of the COOPERATIVE PROCUREMENT IGA Radio Communications Service, Inc. Page 6 of 10 40 party's intentional, reckless, or negligent acts, errors, or omissions in carrying out any activity under this Agreement. 8.2. Insurance. Each party shall insure or self-insure and be independently responsible for the risk of its own liability under this IGA for claims within the scope of the Oregon tort claims act (OPS 30.260 to 30.300). 9. Notices. Any Notice provided for or concerning this IGA must be in writing and will be deemed sufficiently given when personally delivered or mailed by Certified mail, to the respective address of each party as follows: a) For the City of Woodburn. City of Woodburn Police Department, Attn: Chief of Police, 1060 Mt. Hood Ave, Woodburn, Oregon 97071 . For the City of Hubbard. City of Hubbard Police Department, Attn: Chief of Police, PO Box 380, Hubbard, Oregon 97032 9. Assignments. This IGA and all rights and obligations of both Parties hereunder are personal to both parties. As such, neither party shall transfer, assign, or delegate any rights or obligations hereunder. 10. No Third Party Beneficiaries. No provision of this IGA is intended or will be construed to confer upon or give to any person or entity other than the signatories to this IGA any rights, remedies, or other benefits under or by reason of this IGA. 11 . Governing Low. This IGA is governed by and will be construed in accordance with the laws of the State of Oregon. 12. Severability. The Parties agree that if any term or provision of this IGA is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the Parties shall be construed and enforced as if the IGA did not contain the particular term or provision held to be invalid. 13. Merger Clause; Waiver. This IGA constitutes the entire agreement between the Parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this IGA. No waiver, consent, modification or change of terms of this IGA shall bind either party unless in writing and signed by both Parties. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. The COOPERATIVE PROCUREMENT IGA Radio Communications Service, Inc. Page 7 of 10 41 failure of the City to enforce any provision of this IGA shall not constitute a waiver by the City of fhot or any other provision. 14.Force Maieure. Neither Party shall be held responsible for delay or default caused by fire, riot, acts of God, terrorism, or acts of war where such cause was beyond reasonable control of the Party. 15.Other Necessary Acts. Each Party shall execute and deliver to the others all such further instruments and documents as may be reasonably necessary to carry out this Agreement. 16.Execution. This Agreement may be executed in one or more counterparts (facsimile or otherwise), each of which shall be deemed to be an original. All counterparts shall constitute one agreement binding on all parties. The Parties execute this IGA effective as of the last date of signature specified below. CITY OF WOODBURN, CITY OF HUBBARD an Oregon municipal corporation an Oregon municipal corporation Scott Derickson, City Administrator Date Date COOPERATIVE PROCUREMENT IGA Radio Communications Service, Inc. Page 8 of 10 42 EXHIBIT A CITY OF WOODBURN RESOLUTION AWARDING SOLE SOURCE CONTRACT TO RADIO COMMUNICATIONS SERVICE, INC. AND ADOPTING FINDINGS COOPERATIVE PROCUREMENT IGA EXHIBIT A Radio Corn rnunicafions Service, Inc. Page 9 of 10 43 EXHIBIT B CWS QUOTE FOR KENWOOD 3 SITE 3 CHANNEL NEXEDGE TRUNKING SYSTEM COOPERATIVE PROCUREMENT IGA EXHIBIT B Radio Communications Service, Inc. Page 10 of 10 44