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March 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 MARCH 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 A. Marion County Health Department 5. PROCLAMATIONS/PRESENTATIONS Proclamations: A. Arbor Week 1 Presentations: B. First Street Improvements Project Update 2 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 26, 2018 12 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.** March 26, 2018 Council Agenda Page i B. Woodburn Planning Commission minutes of January 25, 2018 15 Recommended Action: Accept the minutes. C. Building Activity for February 2018 18 Recommended Action: Receive the report. D. Crime statistics through February 2018 19 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. 3060 - An Ordinance Regulating the Discharge of 24 Wastes to the Sanitary and Storm Sewer Systems of the City; Limiting Such Discharges Only to Those of Acceptable Types, Characteristics, or Concentrations; Establishing a System of Waste Discharge Permits; Providing for Enforcement and Repealing Ordinance 2176 Recommended Action: Adopt the revised Sewer Use Ordinance. B. Council Bill No. 3061 - A Resolution Designating Authorized Officials 97 to Sign on Bank and Investment Accounts Recommended Action:Approve the attached resolution authorizing signers on the City's bank and investment accounts. C. Council Bill No. 3062 - A Resolution Providing Designation of an 1-5 99 Interchange Bridge Overpass Lighting Calendar for 2018 Recommended Action: Adopt the attached resolution establishing the updated annual 1-5 Bridge Overpass Lighting Calendar. D. ORS 190 Agreement with Cities of Hubbard, Mt. Angel, and Silverton 114 for Police Mobile Data System and Records Management System; Cities of Stayton,Turner and Aumsville for Police Mobile Data System; and Woodburn and Mt. Angel Fire Districts for Fire Mobile Data System. Recommended Action:Authorize the City Administrator to sign ORS March 26, 2018 Council Agenda Page ii 190 agreements with the cities of Hubbard, Mt. Angel, and Silverton to provide Records Management System and Police Mobile Data System; the cities of Stayton, Turner and Aumsville to provide Police Mobile Data System; and the Woodburn and Mt. Angel Fire Districts to provide Fire Mobile Data System. 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. EXECUTIVE SESSION 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). 16. ADJOURNMENT March 26, 2018 Council Agenda Page iii Arbor My Proclamation WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees, and WHEREAS, the holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and WHEREAS,Arbor Day is now observed throughout the nation and the world, and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water,lower our heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife, and WHEREAS,trees are a renewable resource giving us paper, wood for our homes, fuel for our fires, and countless other wood products, and WHEREAS, trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community, and WHEREAS,trees,wherever they are planted, are a source of joy and spiritual renewal, NOW, THEREFORE,be it proclaimed by the City of Woodburn that the week of April 2-8, 2018 is Arbor Week and, as Mayor, I encourage all residents to celebrate Arbor Week and to support efforts to protect our trees and woodlands and I urge all residents to plant and care for trees to gladden the heart and promote the well-being of this and future generations. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Woodburn to be affixed this 21st day of March 2o18. 6� E 'Kathy gley, May Woodburn 1 �nm /�,,,,,ri/iii j��ij /� ,/rrr %/ oir RST STREET PROJECT imm- gy/�lv(//// 01, r , �„,,,,,,,, ✓iiiia„��, cr,i r rir ,�� :rani//�,,,,,: � //- ,, WO/rrrrr j�/,i�a�r "0 -CITY ;,,,,,, r 0 MARCH 26 / - /i%/ mm "Al OF F RST STREET IM KK / j %ii ,moi /i Aw, 4�%//// ' /% / °i 00 /// '15 �/ - J E CT ELEMENTS Pedestrian FriendlyIm rout A '� ' Streetscape Amenities y c r i i ,, ,,, , ✓i r,a /"o"/�///�,,, „�- ', j „,„„ r, � � ,,,e,, ,;,, v > '/%pi /;.. ,✓,il ✓ ,, ,,;„.ilii,,,,, ✓!.. /i ., ,i�„r!//G,,, a,/,, ,,,, r ioiii% ;; ;, ,�,i, ^�%, ,,,,,,,,// %°. 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ROLL CALL Mayor Figley Present Councilor Carney Present Councilor Lonergan Present Councilor Schaub Present Councilor Morris Present Councilor Ellsworth Present Councilor Serratos Present 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, City Recorder Pierson 0:01 COMMUNITY/GOVERNMENT ORGANIZATIONS Stuart Rodgers, Executive Director of the Woodburn Chamber of Commerce, invited the Mayor and Councilor's to attend the DSA awards. He added that the awards will take place March 9 from 6:00 p.m. — 9:00 p.m. at Legacy Medical Group-Woodburn Health Center. Tickets are $30 and can be purchased at Eventbrite or through the Chamber. 0:03 CONSENT AGENDA A. Woodburn City Council minutes of February 12, 2018, B. Woodburn City Council Executive Session minutes of February 12, 2018, C. Woodburn City Council Special meeting minutes of February 20, 2018, D. Crime Statistics through January 2018, E. Building Activity for January 2018. Lonergan/Morris... adopt the Consent Agenda. The motion passed unanimously 0:04 COUNCIL BILL NO. 3058 — 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 Lonergan introduced Council Bill No. 3058. 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. 3058 duly passed. 0:12 COUNCIL BILL NO. 3059 — A RESOLUTION AWARDING A SOLE SOURCE CONTRACT TO RADIO COMMUNICATIONS SERVICE, INC. FOR UPGRADING THE POLICE RADIO CHANNEL SYSTEM; ADOPTING FINDINGS; AND Page 1 - Council Meeting Minutes, February 26, 2018 12 COUNCIL MEETING MINUTES FEBRUARY 26, 2018 AUTHORIZING THE CITY ADMINISTRATOR TO SIGN THE CONTRACT Lonergan introduced Council Bill No. 3059. Police Chief Ferraris provided a staff report. Recorder Pierson read the bill by title only since there were no objections from the Council. On roll call vote for final passage,the bill passed unanimously.Mayor Figley declared Council Bill No. 3059 duly passed. 0:23 POLICE RADIO CHANNEL SYSTEM UPGRADE SOLE SOURCE CONTRACT AWARD AND CITY OF HUBBARD INTERGOVERNMENTAL AGREEMENT Lonergan/Schaub... 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. The motion passed unanimously. 0:24 CITY ADMINISTRATOR'S REPORT City Administrator Derickson stated that on Friday the City and the police department became aware of a social media post that threatened both the Gervais and Woodburn high schools and that by the end of the day the police had made an arrest. He added that he met with the Chief Ferraris on what steps they would take to ensure that there was control of the flow of firearms and the use of firearms in the schools. Chief Ferraris spoke about the steps they would take which include the following: handing out free gunlocks, providing information on crisis lines, offer the public free destruction of unwanted firearms,joint communication from the chief of police and school superintendent offering parents information on gunlocks, crisis lines, etc., a Cease Fire Oregon gun turn in event, and promoting the website safeoregon.com. Chief Ferraris added that he gives credit to the community for their cooperation and assistance especially the students who cooperated with staff and the police. Councilor Ellsworth stated that she would like to see the crisis information on the website and put something in the E- blast about the gunlocks being available. 0:38 MAYOR AND COUNCIL REPORTS Councilor Serratos thanked the City Administrator and Police Chief for being proactive on this issue. Councilor Carney stated that he was down town after a recent robbery attempt and spoke with several officers from Woodburn and Hubbard that were at the scene. He added that they were very pleasant and kind when speaking with him. ADJOURNMENT Morris/Schaub... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 7:41 p.m. APPROVED KATHRYN FIGLEY, MAYOR Page 2 - Council Meeting Minutes, February 26, 2018 13 COUNCIL MEETING MINUTES FEBRUARY 26, 2018 ATTEST Heather Pierson, City Recorder City of Woodburn, Oregon Page 3 - Council Meeting Minutes, February 26, 2018 14 WOODBURN PLANNING COMMISSION PUBLIC HEARING/MEETING MINUTES January 25, 2018 CONVENED: The Planning Commission met in a public meeting session at 7 p.m. in the City Hall Council Chambers, with Chair Charles Piper presiding. ROLL CALL: Chair Piper Present Vice-Chair Corning Present Commissioner Aiken Present Commissioner Bandelow Present Commissioner Comer Present Commissioner Dos Reis Present Commissioner Lassen Absent Staff Present: Chris Kerr, Community Development Director McKenzie Granum, Assistant City Attorney Colin Cortes, Senior Planner Introduction Chair Piper opened the workshop/meeting at 7 pm, and led the Commissioners in the flag salute. Minutes None Business from the Audience None Communication None Elections: Chair Piper and Vice-Chair Corning were re-elected as Chair and Vice-Chair. Public Hearing: A. 1055 Mt Hood Ave (DR 2017-07; PP 3027-01) There were no challenges regarding ex-parte contact. A brick wall was built in conjunction with the Type I review and surrounds the site, except in one area. 1 15 Dan Vasquez, Senior Architect with Mildren Design Group, 7650 SW Beveland Street, Ste. 120, Tigard, spoke, stating that the design addresses the Fire Department's requirements as to clearances and slopes, as well as installing fire sprinklers in all of the buildings. An internal drainage system will keep rainwater within the site and they have figured all detention/retention standards. After some discussion, Chair Piper made a motion to approve DR 1017-07; PP 2017-01. The motion was unanimously approved. 1750 Park Avenue (DR 2017-08; VAR 2017-09; EXCP 2017-02) Colonia Unidad There were no challenges regarding ex-parte contact. Maria Elena Guerra, Executive Director of the Farmworker Housing Development, 1274 Fifth Street, Woodburn, spoke about the high need that Woodburn has for farmworker housing. Carolyn Kruger, Project architect for Carleton Hart Architecture, 830 SW 10th Ave, Ste. 200, Portland talked about landscaping, the large number of children expected to be moving into these apartments and the common open space and play structures that are planned to meet their needs. Michele Black with Carleton Hart Architecture, 830 SW 10th Ave, Ste. 200, Portland said that variance requests were made in order to prioritize the communal environment design. Landscaping beyond the minimal requirements will alleviate any variance request deficiencies. Ninety-one parking spaces will be provided. Timo Korkeakoski, 1665 Tierra Lynn Drive, Woodburn was concerned about traffic and about the developer not providing enough parking for 44 units. Three bedroom units would potentially have three cars. Another concern is the possible lack of privacy for surrounding houses, since the apartment buildings will be three stories high and future apartment dwellers could see into surrounding yards. He was also concerned about stormwater running off-site. Judith Wesemann, 1320 Amy Court, Woodburn said that she was worried about the traffic increase. She said that she could support the proposed apartment buildings if they were two stories high, rather than three. The public hearing was closed and the Commission discussed the pros and cons of the five requested variances. Commissioner Comer made a motion to reject the variance for bumper guards. 2 16 Chair Piper made a motion to approve DR 2017-08; VAR 2017-09; EXCP 2017- 02 with a condition that the variance for bumper guards NOT be approved. Commissioner Bandelow seconded the motion. Four Commissioners were in favor of the motion. Commissioner Dos Reis voted against it. The motion was carried. Adjournment The meeting was adjourn "" APPROVED �-r Charlie pe hair Date ATTEST Chris Kerr Date Community Development Director City of Woodburn, Oregon 3 17 CITY OF WOODBURN' Economic and Development Services Department MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071 (503)982-5246 Date: March 2, 2018 To: Chris Kerr, Community Development Director From: Building Division Subject: Building Activity for February 2018 ................................ ....................._......... ........... ....... ......._................................................. .. 2016 2017 2018 .. ... .. _.... ............. No Dollar Amount No. Dollar Amount No. Dollar Amount .a._ .............. _............................................ ........ ...._... � ..��:mm�� ..::.::� ��........ �.mm.:. ...m _.. _...........:.......:.:... 652,178 Single-Family Residential 5 $1,336,129 0 $0 19 $4, Multi-Family Residential _..__O � .��_.�� - $0 .. ................ .._.............................._ .................. . y $9868 11 $9,700,689 .................................................. _.................... Assisted Living Facilities 0 $0 0 $0 0 $0 Residential Adds &Alts 6 $58,509 3 $54,932 4 $47,856 _.. .......................-. ...... ... ... Industrial 1 $35,000 1 $3,000 1 $6,500 Commercial __............_.ITmmmmmITIT4 $85,018 8 $8,405,080 12 $4,130,201 Signs and Fences 2 $44,000 0 $0 0 $0 - .............................................. ... Manufactured Homes 0 $0 0 $0 0 $0 TOTALS 18 $1,558,656 13 $8,472,880 47 $18,537,424 ............._................ ............ _ ..............._._. .�.......................� Fiscal Year to Date(July 1 — $20,774,644 $14,588,201 $35,212,393 June 30 I:\Community Development\Building\Bui[ding Activity\BldgAct-2018\Bldg Activity-MemOS\rnem0-2018-2 February.doc 18 3/13/2018 Woodburn Police Department MONTHLY ARRESTS BY OFFENSES 2018 Year to Date CHARGE DESCRIPTION Jan Feb Total AGGRAVATED ASSAULT 2 2 ANIMAL ORDINANCES 4 2 6 ASSAULT SIMPLE 4 4 8 BURGLARY-OTHER STRUCTURE 0 3 3 BURGLARY- RESIDENCE 2 0 2 CRIME DAMAGE-NO VANDALISM OR ARSON 5 0 CUSTODY- MENTAL 4 2 6 DISORDERLY CONDUCT 3 8 11 DRIVING UNDER INFLUENCE 11 4 1 DRUG LAW VIOLATIONS 10 10 20 DWS/REVOKED -FELONY 1 0 1 DWS/REVOKED-MISDEMEANOR 1 4 ELUDE 1 0 1 FAILURE TO REGISTER AS SEX OFFENDER 1 0 1 FORCIBLE RAPE 1 0 1 FRAUD -OF SERVICES/FALSE PRETENSES 1 0 1 FUGITIVE ARREST FOR ANOTHER AGENCY 52 25 77 HIT AND RUN-MISDEMEANOR 4 1 INTIMIDATION /OTHER CRIMINAL THREAT 5 4 9 KIDNAP -FOR ADDITIONAL CRIMINAL PURPOSE 1 0 1 MINOR IN POSSESSION 5 4 9 MOTOR VEHICLE THEFT 1 1 2 OTHER 7 2 9 RECKLESS DRIVING 1 0 1 RECKLESSLY ENDANDERING 5 0 RESTRAINING ORDER VIOLATION 2 1 3 ROBBERY- BUSINESS 1 1 2 EX CRIME -CONTRIBUTE TO SEX DELINQUENCY 0 1 1 EX CRIME -EXPOSER 1 0 1 EX CRIME -FORCIBLE SODOMY 1 0 1 EX CRIME -NON-FORCE RAPE 0 1 1 EX CRIME -OTHER 0 1 1 TALKER 1 1 2 TOLEN PROPERTY- RECEIVING,BUYING,POSSESSING 0 1 1 HEFT- BICYCLE 1 0 1 HEFT- BUILDING 1 0 1 HEFT- FROM MOTOR VEHICLE 2 0 2 HEFT-OTHER 3 2 HEFT-SHOPLIFT 6 6 12 RAFFIC VIOLATIONS 21 7 28 RESPASS 9 4 13 UNAUTHORIZED ENTRY INTO MOTOR VEHICLE 2 0 2 ANDALISM 0 7 7 EAPON -EX FELON IN POSSESSION 2 1 3 EAPON -POSSESS ILLEGAL 2 1 3 Jan Feb Total 2018 Total 187 111 298 2017 Total 135 169 30 2016 Total 143 103 246 Page 1 of 2 19 3/13/2018 Woodburn Police Department MONTHLY ARRESTS BY OFFENSES 2018 Year to Date 3/13/2018 Woodburn Police Department MONTHLY CRIMINAL OFFENSES 2018 Year to Date CHARGE DESCRIPTION Jan Feb Total AGGRAVATED ASSAULT 1 2 3 ANIMAL ORDINANCES 2 1 3 ARSON 1 0 1 ASSAULT SIMPLE 9 14 23 BURGLARY- BUSINESS 2 8 10 BURGLARY-OTHER STRUCTURE 3 2 BURGLARY- RESIDENCE 3 1 CRIME DAMAGE-NO VANDALISM OR ARSON 13 11 2 CUSTODY- MENTAL 4 2 6 DISORDERLY CONDUCT 4 10 1 DRIVING UNDER INFLUENCE 11 4 1 DRUG LAW VIOLATIONS 10 8 18 DWS/REVOKED- FELONY 1 0 1 DWS/REVOKED-MISDEMEANOR 1 6 7 ELUDE 2 2 EXPLOSIVES 0 1 1 FAILURE TO REGISTER AS SEX OFFENDER 1 0 1 FORCIBLE RAPE 4 2 6 FORGERY/COUNTERFEITING 3 3 6 FRAUD- BY DECEPTION/FALSE PRETENSES 3 4 7 FRAUD- CREDIT CARD/AUTOMATIC TELLER MACHINE 2 1 3 FRAUD- OF SERVICES/FALSE PRETENSES 3 0 3 FUGITIVE ARREST FOR ANOTHER AGENCY 36 20 56 HIT AND RUN-MISDEMEANOR 22 13 3 IDENTITY THEFT 1 3 INTIMIDATION /OTHER CRIMINAL THREAT 5 7 12 KIDNAP - FOR ADDITIONAL CRIMINAL PURPOSE 1 0 1 MINOR IN POSSESSION 2 2 MISCELLANEOUS 30 19 49 MOTOR VEHICLE THEFT 10 14 2 NON CRIMINAL DOMESTIC DISTURBANCE 10 6 16 OTHER 7 3 10 PROPERTY- FOUND LOST MISLAID 1 4 RECKLESS DRIVING 3 2 RESTRAINING ORDER VIOLATION 3 2 ROBBERY- BUSINESS 1 1 2 ROBBERY- CAR JACKING 0 1 1 ROBBERY- OTHER 2 2 ROBBERY- RESIDENCE 0 1 1 SEX CRIME - CONTRIBUTE TO SEX DELINQUENCY 0 1 1 SEX CRIME - EXPOSER 1 0 1 SEX CRIME - FORCIBLE SODOMY 1 0 1 SEX CRIME - NON-FORCE RAPE 0 1 1 SEX CRIME - OTHER 1 1 2 SEX CRIME - PORNOGRAPHY/OBSCENE MATERIAL 1 0 1 STALKER 1 1 2 STOLEN PROPERTY- RECEIVING,BUYING,POSSESSING 1 1 2 HEFT- BICYCLE 2 1 3 HEFT- BUILDING 5 3 8 HEFT- FROM MOTOR VEHICLE 42 14 56 HEFT- MOTOR VEHICLE PARTS/ACCESSORIES 1 5 6 HEFT- OTHER 30 24 5 HEFT- PICKPOCKET 0 1 1 HEFT- PURSE SNATCH 1 0 1 HEFT- SHOPLIFT 11 132 TRAFFIC VIOLATIONS 28 10 38 RESPASS 21 4 2 Page 1 of 2 21 3/13/2018 Woodburn Police Department MONTHLY CRIMINAL OFFENSES 2018 Year to Date Jan IFeb Total UNAUTHORIZED ENTRY INTO MOTOR VEHICLE 14 0 1 VANDALISM 23 17 40 VEHICLE RECOVERD FOR OTHER AGENCY 4 1 WEAPON - EX FELON IN POSSESSION 2 1 3 EAPON - POSSESS ILLEGAL 2 2 WEAPON -SHOOTING IN PROHIBITED AREA 01 1 1 Jan I Feb ITotal 2018 Total 1 4091 284 693 2017 Total 1 322 292 61 2016 Total 1 265 22 490 Offenses/Year 700 soo 500 N 400 Z W LL 300 O 200 00 0 2016 2017 2018 YEAR Page 2 of 2 22 Woodburn Police Department ORDINANCE VIOLATIONS 2018 Year to Date 3/13/2018 Ordinance Discription Jan Feb Total Animal Complaint 35 27 62 Ordiinance -Abate/Nuisances 1 1 2 Ordinance -Abandoned Vehicles 83 58 141 Ordinance -Abate Graffiti 6 10 16 Ordinance - Land Use Violations 0 1 1 Ordinance -Oth Violation 51 36 87 2018 Total 176 133 309 2017 Total 94 126 220 2016 Total 122 158 280 Ordinance Violations / Code Enforcement Officers 320 280 240 Z 200 O_ ~ 160 / 120 j 80 40 0 iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillilliillilliillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillilillililljllllliiiiiiiiiiiiiiiiiiiiiiillillilI 2016 2017 2018 COMBINED TOTAL-CODE ENFORCEMENT OFFICERS Ordinance Violations / Year 320 280 240 N 200 Z 3 Iso 0 - 120 80 40 0 2016 2017 2018 YEAR TOTALS FOR ALL OFFICERS 1 23 Iii♦ 4 B V' March 26, 2018 TO: Honorable Mayor and City Council through City Administrator FROM: Eric Liljequist, Public Works Director N. Robert Shields and McKenzie Granum, City Attorney's Office SUBJECT: Approval of New Revised Sewer Use Ordinance RECOMMENDATION: Adopt the revised Sewer Use Ordinance. BACKGROUND: The City of Woodburn sewage treatment plant is designed to treat and remove pollutants from domestic wastewater, but not to treat toxic pollutants in industrial waste. In fact, some discharges from both industrial and commercial sources can cause serious problems to the treatment plant's operation. Such problems can include inhibition of the biological treatment process, pass through of pollutants into the Pudding River, or the creation of hazardous conditions for treatment plant employees and the general public. In order to prevent such problems, federal and state law require that industrial wastewater be treated prior to its discharge into the sewer system. This practice is commonly referred to as "pretreatment." The City of Woodburn Pretreatment Program has been approved by the Oregon Department of Environmental Quality (DEQ) pursuant to state and federal law. The Pretreatment Program maintains regulatory compliance by performing regular inspections of industrial users, issuing permits to them and monitoring compliance. Regulations are enforced and an annual report of Pretreatment Program activities is made to DEQ. Local pollutant discharge limits are periodically reviewed and updated. The City is also equipped to respond to DEQ and the US Environmental Protection Agency (EPA) audits as needed. Pretreatment staff also work with local businesses to help them identify and employ pollution prevention practices. Agenda Item Review: City Administrator_x_ City Attorney_x_ Finance—x- 24 Honorable Mayor and City Council March 26, 2018 Page 2 The Woodburn Sewer Use Ordinance is extremely important because it provides the legal authority for the implementation of the Pretreatment Program as stated in the Code of Federal Regulations (the CFR). This ordinance is primarily a technical document that regulates the amount and type of pollutants that can be discharged to the City system and defines the regulatory authority of the City. Adoption of the Sewer Use Ordinance is required by the DEQ regulations and enables the City to comply with all applicable state and federal laws, including the Clean Water Act, the General Pretreatment Regulations (40 CFR 403) and the Oregon Administrative Rules (OAR) Chapter 340. The Pretreatment Program applies to all users of the treatment plant and is implemented by the City of Woodburn Industrial Pretreatment Implementation Procedures. This manual provides guidance for the issuance of wastewater discharge permits; identifies monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the implementation of this program. Title 40 of the CFR, Part 403, provides the regulatory basis for treatment plants like Woodburn's to require non-domestic discharges to comply with federal pretreatment standards. As referenced in the federal law, some objectives of the Pretreatment Program are: • To prevent the introduction of pollutants into the treatment plant that interferes with its operation; • To prevent the introduction of pollutants that will pass through the treatment plant inadequately treated into receiving waters; • To determine which dischargers have the potential to upset the treatment plant: • To protect treatment plant personnel, who may be affected by wastewater and sludge in the course of their employment; • To protect the general public from any adverse effects of the wastewater and sludge; • To promote reuse and recycling of industrial wastewater and sludge; • To monitor all said users and require them to file reports and/or implement plans as required by federal law. DISCUSSION: The proposed Sewer Use Ordinance represents a considerable amount of work by both the Public Works Department and the City Attorney's Office. On the 25 Honorable Mayor and City Council March 26, 2018 Page 3 departmental level, Curtis Stultz, Waste Water Treatment Section Supervisor, and Carol Leimbach, Industrial Waste Coordinator, were actively involved throughout the entire process. Since the ordinance involves two regulatory agencies (both DEQ and EPA), a significant amount of legal work by the City Attorney's Office was also required. Because the new ordinance contains so much new material, it was decided early in the process that the preexisting ordinance (Ordinance 2176) should be repealed. A summary of some sections of the new Sewer Use Ordinance are as follows: 1.3 Definitions - Nineteen new definitions were added 1.4 Abbreviations - Ten new abbreviations were added. 2.1 Prohibited Discharge Standards - Two prohibited discharges regarding emulsifiers and surfactants were added. 2.2 Federal Categorical Pretreatment Standards - A new paragraph in regard to "limits" was added. 3.3 Spill Prevention and Slug Control Plan - This is an all new section required by federal law. 3.8 Grease Interceptor- Two new paragraphs were added. 4.7 Application Signature and Certification - A new paragraph was added regarding notification of change in signatory. 5.2 Permit Contents - One new paragraph was added regarding Slug Discharge control requirement. 5.7 Wastewater Discharge Permit Reissuance - A new paragraph was added. 5.8 Regulation of Wastewater Received from other Jurisdictions - This paragraph was rewritten and a requirement was added for DEQ approval. 6.1 Baseline Monitoring Reports - A paragraph was removed and four new paragraphs were added on sampling. 26 Honorable Mayor and City Council March 26, 2018 Page 4 7.1 Inspection and Sampling - New first paragraph. A reference to digital photography was added. 10.10 Administrative Fines - Fines went from $1 ,000 to $2,500 maximum fine. 10.12 Termination of Permit- Six new paragraphs. In summary, staff is pleased with and recommends the new Sewer Use Ordinance. We appreciate the responsiveness and assistance provided to the City by DEQ. We believe that the new ordinance will serve Woodburn well. FINANCIAL IMPACT: There are no specific costs associated with the adoption of this ordinance. 27 COUNCIL BILL NO. 3060 ORDINANCE NO. 2556 AN ORDINANCE REGULATING THE DISCHARGE OF WASTES TO THE SANITARY AND STORM SEWER SYSTEMS OF THE CITY; LIMITING SUCH DISCHARGES ONLY TO THOSE OF ACCEPTABLE TYPES, CHARACTERISTICS, OR CONCENTRATIONS; ESTABLISHING A SYSTEM OF WASTE DISCHARGE PERMITS; PROVIDING FOR ENFORCEMENT AND REPEALING ORDINANCE 2176 Table of Contents SECTION 1 - GENERAL PROVISIONS .....................................................................................5 1 .1 Purpose and Policy ......................................................................................................5 1 .2 Administration ...............................................................................................................6 1 .3 Definitions.......................................................................................................................6 1 .4 Abbreviations.............................................................................................................. 16 SECTION 2 - GENERAL SEWER USE REQUIREMENTS ............................................................ 17 2.1 Prohibited Discharge Standards .............................................................................. 17 2.2 Federal Categorical Pretreatment Standards....................................................... 19 2.3 State Requirements....................................................................................................20 2.4 "Local Limits" Specific Pollutant Limitations.............................................................20 2.5 City's Right to Revision ...............................................................................................21 2.6 Special Agreement....................................................................................................21 2.7 Dilution..........................................................................................................................21 2.8 Deadline for Compliance with Categorical Standards.......................................21 2.9 Inflow and Infiltration .................................................................................................21 SECTION 3 - PRETREATMENT OF WASTEWATER...................................................................22 3.1 Pretreatment Facilities ...............................................................................................22 3.2 Additional Pretreatment Measures .........................................................................22 3.3 Spill Prevention and Slug Control Plans...................................................................23 Page- 1 - Council Bill No. 3060 Ordinance No. 2556 28 3.4 Tenant Responsibility..................................................................................................25 3.5 Separation of Domestic and Industrial Waste Streams ........................................25 3.6 Hauled Wastewater...................................................................................................25 3.7 Vandalism....................................................................................................................26 3.8 Grease Interceptors ...................................................................................................26 SECTION 4 - WASTEWATER PERMIT ELIGIBILITY...................................................................27 4.1 Wastewater Survey ....................................................................................................27 4.2 Wastewater Permit Requirement.............................................................................27 4.3 Permitting Existing Connections ...............................................................................27 4.4 Permitting New Connections....................................................................................28 4.5 Permitting Extra-Jurisdictional Industrial Users ........................................................28 4.6 Wastewater Permit Application Contents..............................................................28 4.7 Application Signatories and Certification ..............................................................30 4.8 Wastewater Permit Decision.....................................................................................31 SECTION 5 - WASTEWATER PERMIT ISSUANCE PROCESS.................................................... 31 5.1 Wastewater Permit Duration.....................................................................................31 5.2 Wastewater Permit Contents....................................................................................31 5.3 Wastewater Permit Appeals.....................................................................................34 5.4 Wastewater Permit Modifications............................................................................34 5.5 Wastewater Permit Transfer......................................................................................35 5.6 Wastewater Permit Revocation ...............................................................................35 5.7 Wastewater Discharge Permit Reissuance.............................................................36 5.8 Regulation of Wastewater Received from other Jurisdictions ............................37 SECTION 6 - REPORTING REQUIREMENTS............................................................................ 37 6.1 Baseline Monitoring Reports .....................................................................................37 6.2 Compliance Schedule Progress Reports ................................................................39 6.3 Reports on Compliance with Categorical Pretreatment Standard Deadline .39 6.4 Periodic Compliance Reports ..................................................................................40 6.5 Report of Changed Conditions ...............................................................................42 Page- 2 - Council Bill No. 3060 Ordinance No. 2556 29 6.6 Reports of Potential Problems ..................................................................................42 6.7 Reports from Unpermitted Users...............................................................................43 6.8 Sample Collection......................................................................................................43 6.9 Analytical Requirements ...........................................................................................44 6.10 Monitoring Charges ...................................................................................................44 6.11 Timing ...........................................................................................................................45 6.12 Record Keeping..........................................................................................................45 6.13 Reporting of Additional Monitoring.........................................................................45 6.14 Notification of Significant Production Change .....................................................45 6.15 Notification of the Discharge of Hazardous Waste...............................................45 SECTION 7 - COMPLIANCE .................................................................................................47 7.1 Inspection and Sampling ..........................................................................................47 7.2 Search Warrants .........................................................................................................48 SECTION 8 - CONFIDENTIAL INFORMATION.......................................................................48 SECTION 9 - PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE......................48 SECTION 10 - ADMINISTRATIVE ENFORCEMENT REMEDIES................................................50 10.1 Industrial User Violation Process ...............................................................................50 10.2 Violation.......................................................................................................................50 10.3 Violation of Permit Parameters.................................................................................51 10.4 Additional Violation Parameters..............................................................................51 10.5 Industrial User Notice to City of Violation................................................................51 10.6 Consent Order............................................................................................................52 10.7 Show Cause Hearing .................................................................................................52 10.8 Compliance Orders ..................................................................................................52 10.9 Cease and Desist Orders...........................................................................................53 10.10 Administrative Fines....................................................................................................53 10.1 1 Emergency Suspensions ............................................................................................54 10.12 Termination of Permit.................................................................................................54 Page- 3 - Council Bill No. 3060 Ordinance No. 2556 30 SECTION 11 - JUDICIAL ENFORCEMENT REMEDIES............................................................55 11 .1 Injunctive Relief...........................................................................................................55 11 .2 Civil Penalties ..............................................................................................................56 11 .3 Criminal Prosecution ..................................................................................................56 11 .4 Remedies Nonexclusive ............................................................................................57 SECTION 12 - SUPPLEMENTAL ENFORCEMENT ACTIONS ...................................................57 12.1 Performance Bonds ...................................................................................................57 12.2 Liability Insurance .......................................................................................................57 12.3 Water Supply Severance ..........................................................................................57 12.4 Public Nuisance..........................................................................................................58 12.5 Contractor Listing .......................................................................................................58 SECTION 13 - AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS................................58 13.1 Affirmative Defenses..................................................................................................58 13.2 Upset.............................................................................................................................58 13.3 General/Specific Prohibitions...................................................................................59 13.4 Bypass...........................................................................................................................60 SECTION 14 - MISCELLANEOUS PROVISIONS..................................................................... 61 14.1 Pretreatment Charges and Fees .............................................................................61 14.2 Severability ..................................................................................................................61 14.3 Conflicts with other Ordinances...............................................................................62 SECTION 15 - EFFECTIVE DATE............................................................................................. 62 Page- 4 - Council Bill No. 3060 Ordinance No. 2556 31 SECTION 1 - GENERAL PROVISIONS 1.1 Purpose and Policy This ordinance sets forth uniform requirements for direct and indirect discharges of pollutants into the wastewater collection, storm water collection and treatment system for the City of Woodburn and enables the City to comply with all applicable State and Federal laws including the Clean Water Act (Act 33 U.S.C. 1251 et seg.), the General Pretreatment Regulations (40 CFR Part 403) and Oregon Administrative Rules (OAR) 340 Chapter 45. This ordinance provides for the regulation of direct and indirect discharges to the municipal wastewater collection and treatment system through the issuance of permits to certain non-domestic users and through enforcement of general requirements for other users, authorizes monitoring and enforcement activities, establishes administrative review procedures, requires user reporting, and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein. This ordinance shall apply to the City and to persons outside the City who, by contract or agreement with the City, are included as users of the municipal wastewater system. The objectives of this ordinance are: (1 ) To prevent the introduction of pollutants into the municipal wastewater and storm water system which will interfere with the operation of the system; (2) To prevent the introduction of pollutants into the municipal wastewater and storm water system which will pass through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system; (3) To ensure that the quality of the wastewater treatment plant biosolids is maintained at a level which allows its beneficial use; (4) To protect both municipal personnel who may come into contact with sewage, biosolids and effluent in the course of their employment as well as protecting the general public; (5) To preserve the hydraulic capacity of the municipal wastewater Page- 5 - Council Bill No. 3060 Ordinance No. 2556 32 system; (6) To improve the opportunity to recycle and reclaim wastewater and biosolids from the system; (7) To provide for equitable distribution of the cost of operation, maintenance and improvements of the municipal wastewater system; and (8) To ensure the City complies with its NPDES permit conditions, biosolids use and disposal requirements and any other Federal or State laws which the municipal wastewater system is subject. 1.2 Administration Except as otherwise provided herein, the Wastewater Section Superintendent/Supervisor shall administer, implement and enforce the provisions of this ordinance. Any powers granted to or duties imposed upon the Wastewater Superintendent/Supervisor may be delegated by the City Public Works Director to other City personnel. 1.3 Definitions Unless the context specifically indicates otherwise, the following terms and phrases, as used in this ordinance shall have the meanings hereinafter designated; (1 ) Act or "the Act". The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, (33 U.S.C.1251 et seq). (2) A1212roval Authority. The Oregon Department of Environmental Quality (DEQ). (3) Authorized Representative of the Industrial User. A. If the user is a corporation: 1 . The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or Page- 6 - Council Bill No. 3060 Ordinance No. 2556 33 2. The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual wastewater discharge permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. B. If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively. C. If the user is a Federal, State, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee. D. The individuals described in paragraphs a through e, above, may designate a Duly Authorized Representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the organization, and the written authorization is submitted to the City. (4) Best Management Practices or BMPs Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Section 2.1 A and B [40 CFR 403.5(a)(1 ) and (b)]. BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. (5) Biochemical Oxygen Demand (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five (5) days at 20° Celsius expressed in terms of weight and concentration (milligrams per liter mg/L). (6) Building Sewer. A sewer conveying wastewater from the premises of Page- 7 - Council Bill No. 3060 Ordinance No. 2556 34 a user to the POTW. (7) Categorical Pretreatment Standard or Categorical Standard. Any regulation containing pollutant discharge limits promulgated by the USEPA in accordance with Section 307 (b) and (c) of the Act (33 U.S.C. 1317) which applies to a specific category of industrial users and which appears in 40 CFR Chapter I, Subchapter IN, Parts 405-471, incorporated herein by reference. (8) City. City of Woodburn, Oregon, a municipal corporation of the State of Oregon, acting through its City Council or any board, committee, body, official, or person to whom the Council shall have lawfully delegated the power to act for or on behalf of the City. (9) City Public Works Director. The Public Works Director of the City of Woodburn, Oregon, or his duly authorized agent(s). (10) Color. The optical density at the visual wave length of maximum absorption, relative to distilled water. One hundred percent (100%) transmittance is equivalent to zero (0.0) optical density. (1 1 ) Composite Sample. The sample resulting from the combination of individual wastewater samples taken at selected intervals based on either an increment of flow or time. (12) Control Authority. The City of Woodburn, Wastewater Section Superintendent/Supervisor. (13) Continuing Violation. Each day a violation occurs may be considered as a separate violation. (14) Cooling Water. The water discharged from any use such as air conditioning, cooling or refrigeration, to which the only pollutant added is heat. (15) Daily Maximum. The arithmetic average of all effluent samples for a pollutant collected during a calendar day. (16) Daily Maximum Limit. The maximum allowable discharge limit of a pollutant during a calendar day. Where Daily Maximum Limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where Daily Maximum Limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day. Page- 8 - Council Bill No. 3060 Ordinance No. 2556 35 (17) Department of Environmental Quality or DEQ. The Oregon Department of Environmental Quality or where appropriate, the term may also be used as a designation for the Director of the Department or other duly authorized official of the Department. (18) Domestic User (Residential User). Any person who contributes, causes, or allows the contribution of wastewater into the City POTW that is of a similar volume and/or chemical make-up to that of a residential dwelling unit. Discharges from a residential dwelling unit typically include up to 100 gallons per capita per day, 0.2 pounds of BOD per capita per day, and 0.17 pounds of TSS per capita per day. (19) Discharge.. The discharge or the introduction of pollutants into the municipal wastewater system from any non-domestic source regulated under Section 307 (b), (c) or (d), of the Act. (20) Environmental Protection Agency or U.S. EPA. The U.S. Environmental Protection Agency or, where appropriate, the term may also be used as a designation for the Administrator, or the Regional Water Management Division Director, or other duly authorized official of said agency. (21 ) Existing Source. Any source of discharge, the construction or operation of which commenced prior to the publication of proposed categorical pretreatment standards under section 307 (b) and (c) (33 U.S.C. 1317) of the Act which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act. (22) Existing User. Any non-categorical user which was discharging wastewater prior to the effective date of this Ordinance. (23) Grab Sample. A sample that is taken from a waste stream without regard to the flow in the waste stream and over a period of time not to exceed fifteen (15) minutes. (24) Holding Tank Waste. Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks. (25) Indirect Discharge or Discharge. The introduction of pollutants into the POTW from any nondomestic source. (26) Industrial User. Any person engaged in an industry, especially Page- 9 - Council Bill No. 3060 Ordinance No. 2556 36 manufacturing, that is a source of discharge. (27) Industrial Waste Coordinator. The person designated by the City to carry out certain duties and responsibilities associated with the pretreatment program. This person is the duly authorized representative of the Superintendent/Supervisor in accordance with Section 1 .3 (65) of this ordinance. (28) Industrial Wastewater. A non-domestic wastewater originating from a nonresidential source. (29) Infiltration. Any water other than wastewater which enters the sewage treatment system (including service connections) from the ground, typically from broken pipes, or defective joints in pipes and manhole walls. (30) Inflow. Any water from storm water runoff which directly enters the sewage system during or immediately after rainfall. Typical points of entry include, but are not limited to, connections with roof and area drains, storm drain connections, holes in manhole covers in flooded streets, cooling water discharges, catch basins, and drainage from springs and swampy areas. (31 ) Instantaneous Limit. The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event. (32) Interference. A discharge which, alone or in conjunction with a discharge or discharges from other sources: A. Inhibits or disrupts the municipal wastewater system, its treatment processes or operations, or its sludge processes, use or disposal; and/or B. Is a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory provisions and regulations or permits issued thereunder (or more stringent State or local regulations): 1 . Section 405 of the Clean Water Act (CWA); 2. The Solid Waste Disposal Act (SWDA) (including Title II, more commonly referred to as the Resource Page- 10 - Council Bill No. 3060 Ordinance No. 2556 37 Conservation and Recovery Act (RCRA); 3. State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the SWDA); 4. The Clean Air Act; 5. The Toxic Substances Control Act; 6. The Marine Protection Research and Sanctuaries Act. (33) Local Limits / Specific Pollutant Limitations. Enforceable local requirements developed by POTWs to address federal standards as well as state and local regulations. (34) Maximum Allowable Discharge Limit. The maximum concentration (or loading) of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composite sample collected, independent of the industrial flow rate and the duration of the sampling event. (35) Medical Waste. Isolation wastes, infectious agents, human blood and blood byproducts, pathological wastes, sharps, body parts, fomites, etiologic agents, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes. (36) Monthly Average. The sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month. (37) Monthly Average Limit. The highest allowable average of "daily discharges" over a calendar month, calculated as the sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month. (38) Municipal Wastewater System or System. A "treatment works" as defined in Section 212 of the Act, (33 U.S.C. 1292) which is owned by the State or municipality. This definition includes any devices or systems used in the collection, storage, treatment, recycling and reclamation of sewage or industrial wastes and any conveyances which convey wastewater to a treatment plant. The term also means the municipal entity having the responsibility for the operation and maintenance of the system. (39) National Pretreatment Standard. National pretreatment standard is defined in 40 CFR 403.3 (j) as any regulation containing pollutant discharge limits promulgated by EPA under Section 307 (b) and (c) of the Clean Water Act applicable to industrial users, including the Page- 11 - Council Bill No. 3060 Ordinance No. 2556 38 general and specific prohibitions found in 40 CFR 403.5 (a) and (b). (40) New Source. A. Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed Pretreatment Standards under Section 307 (c) of the Act which will be applicable to such source if such Standards are thereafter promulgated in accordance with that section, provided that: 1 . The building, structure, facility or installation is constructed at a site at which no other source is located; or 2. The building, structure, facility or installation completely replaces the process or production equipment that causes the discharge of pollutants at an existing source; or 3. The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site in determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered. B. Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of paragraphs 1 , 2, 3 of this section but otherwise alters, replaces, or adds to existing process or production equipment. C. Construction of a new source as defined under this paragraph has commenced if the owner or operator has: 1 . Begun, or caused to begin as part of a continuous on- site construction program; (a) Any placement, assembly, or installation of facilities or equipment; or (b) Significant site preparation work including clearing, Page- 12 - Council Bill No. 3060 Ordinance No. 2556 39 excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new sources facilities or equipment; or 2. Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contacts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph. (41 ) Noncontact Cooling Water. Water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product. (42) Non-domestic Pollutants. Any substances other than human excrement and household gray water (shower, dish washing operations, etc.). Non-domestic pollutants include the characteristics of the wastewater (i.e., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, odor). (43) Pass Through. A discharge which exits the treatment plant effluent into waters of the U.S. in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the City's NPDES permit (including an increase in the magnitude or duration of a violation). (44) Permittee. A person or user issued a wastewater discharge permit. (45) Person. Any individual, partnership, CO-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. This includes all Federal, state, or local governmental entities. (46) pH. The logarithm (base 10) of the reciprocal of the hydrogen ion concentration expressed in moles per liter of solution. (47) Pollutant. Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, industrial wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar Page- 13 - Council Bill No. 3060 Ordinance No. 2556 40 dirt and agricultural wastes, anything that contaminates. (48) Pretreatment or Treatment. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of introducing such pollutants into the municipal wastewater system. This reduction or alteration may be obtained by physical, chemical or biological processes, by process changes or by other means. (49) Pretreatment Requirement. Any substantive or procedural requirements related to pretreatment, other than national pretreatment standards, imposed on an industrial user. (50) Pretreatment Standards or Standards. Pretreatment standards shall mean prohibited discharge standards, categorical pretreatment standards, and local limits. (51 ) Prohibited Discharge Standard or Prohibited Discharges. Absolute prohibitions against the discharge of certain types or characteristics of wastewater as established by EPA, DEQ and/or the Superintendent/Supervisor. (52) Publicly Owned Treatment Works or POTW. A treatment works, as defined by section 212 of the Act (33 U.S.C. section 1292), which is owned by the City. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances, which convey wastewater to a treatment plant. (53) Receiving Stream or Waters of the State. All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the State of Oregon or any portion thereof. (54) Septic Tank Waste. Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks. (55) Sewage, Domestic. Human excrement and gray water (household toilets, showers, dishwashing operations, etc.). (56) Sewer. Any pipe, conduit ditch, or other conveyance device used to collect and transport sewage from the generating source. Page- 14 - Council Bill No. 3060 Ordinance No. 2556 41 (57) Shall, May. "Shall" is mandatory, "May" is permissive. (58) Significant Industrial User. A. Except as provided in paragraph B of this section the term Significant Industrial User means: 1 . All industrial users subject to categorical pretreatment standards under 40 CFR § 403.6 and 40 CFR § chapter I, subchapter N; and 2. Any other industrial user that: discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, non-contact cooling and boiler blow down wastewater); contributes a process waste stream which makes up 5 percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or is designated as such by the Control Authority as defined in 40 CFR § 403.12(a) on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement in accordance with 40 CFR § 403.8(f)(6). B. Upon a finding that an industrial user meeting the criteria in paragraph A. 2. of this section has no reasonable potential for adversely affecting the municipal waste water system's operation or for violating any pretreatment standard or requirement, the Control Authority (as defined in 40 CFR § 403.12(a)) may at any time, on its own initiative or in response to a petition received from an industrial user or POTW, and in accordance with 40 CFR § 403.8(f)(6), determine that such industrial user is not a significant industrial user. (59) Slug Load. Any pollutant (including BOD) released in a non-routine, episodic, or non-customary batch discharge at a flow rate and/or concentration which has the potential to cause Interference or Pass Through or in any way violate the specific discharge prohibitions in Section 2 of this Ordinance. (60) Standard Industrial Classification (SIC) Code. A classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget. (61 ) State. State of Oregon Page- 15 - Council Bill No. 3060 Ordinance No. 2556 42 (62) Storm Water. Any flow during, following or resulting from any form of natural precipitation, including snow melt. (63) Suspended Solids or Total Suspended Solids LILSL The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and which is removable by laboratory filtering. (64) Superintendent or Supervisor. (Wastewater Superintendent or Supervisor). The person designated by the City to supervise the operation of the municipal wastewater treatment system and who is charged with certain duties and responsibilities by this article or his duly authorized representative. (65) Toxic Pollutant. One of the pollutants or combination of those pollutants listed as toxic in regulations promulgated by the Environmental Protection Agency under the provision of Section 307 (33 U.S.C. 1317) of the Act. (66) Treatment Plant. That portion of the municipal wastewater system designed to provide treatment of sewage and industrial waste. (67) Treatment Plant Effluent. Any discharge of pollutants from the municipal wastewater system into waters of the state. (68) User. Any person who contributes, or causes or allows the contribution of sewage or industrial wastewater into the municipal wastewater system, including persons who contribute such wastes from mobile sources. (69) Violation. Shall have occurred when any requirement of this ordinance has not been met; or when a written request of the Superintendent/Supervisor, made under the authority of this ordinance, is not met within the specified time; or when a condition of a permit or contract issued under the authority of this ordinance is not met within the specified time; or when permitted effluent limitations are exceeded, regardless of intent or accident; or when false information has been provided by the discharger. (70) Wastewater. The liquid and water-carried industrial wastes, or sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which is contributed to the municipal wastewater system. Page- 16 - Council Bill No. 3060 Ordinance No. 2556 43 (71 ) Wastewater Treatment Plant or Treatment Plant. That portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste. (72) Wastewater Discharge Permit (Industrial Wastewater Discharge Permit). An authorization or equivalent control document issued by the City to users discharging wastewater to the POTW. The permit may contain appropriate pretreatment standards and requirements as set forth in this Ordinance. This ordinance is gender neutral and the masculine gender shall include the feminine and vice versa. Shall is mandatory; may is permissive or discretionary. The use of the singular shall be construed to include the plural and the plural shall include the singular as indicated by the context of its use. 1.4 Abbreviations The following abbreviations shall have the designated meanings: - BOD Biochemical Oxygen Demand - BMP Best Management Practice - BMR Baseline Monitoring Report - CFR Code of Federal Regulations - CIU Categorical Industrial User - COD Chemical Oxygen Demand - DEQ Oregon Department of Environmental Quality - EPA U.S. Environmental Protection Agency - GPD Gallons Per Day - IU Industrial User - IWA Industrial Waste Acceptance - L Liter - LEL Lower Explosive Limit - mg Milligrams - mg/L Milligrams per liter - NPDES National Pollutant Discharge Elimination System - NDCIU Non-Discharging Categorical Industrial User - O&M Operation and Maintenance - POTW Publicly Owned Treatment Works - RCRA Resource Conservation and Recovery Act - SIC Standard Industrial Classification - SIU Significant Industrial User - SNC Significant Noncompliance - SP/SCP Spill Prevention/Slug Control Plan Page- 17 - Council Bill No. 3060 Ordinance No. 2556 44 - SWDASolid Waste Disposal Act (42 U.S.C. 6901 ) - TSS Total Suspended Solids - USC United States Code SECTION 2 - GENERAL SEWER USE REQUIREMENTS 2.1 Prohibited Discharge Standards A. General Prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes Pass Through or Interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical Pretreatment Standards or any other National, State, or local Pretreatment Standards or Requirements. B. Specific Prohibitions. No user shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater: (1 ) Any liquids, solids, or gases which by reason of their nature or quantity are, or may be, sufficient, either alone or by interaction with other substances, to cause fire or explosion or be injurious in any other way to the municipal wastewater system. Included in this prohibition are waste streams with a closed cup flash point of less than 140° F (600 C) using the test methods prescribed in 40 CFR 261 .21 . (2) Any wastewater from a grab sample having a pH less than 5.5 su (standard units) or more than 10.0 su, or which may otherwise cause corrosive structural damage to the system, city personnel or equipment. IUs using continuous pH monitoring devices are prohibited from discharge when: a. The total time pH values are outside the range of 5.5 su to 10.0 su exceeds 7 hours and 26 minutes in any calendar month. In no case shall the pH fall below 5.0 su, or become equal to 12.5 su or above (greater than or equal to 12.5 su). b. No individual excursion from pH range of 5.5 su to 10.0 su shall exceed 60 minutes for any single duration. In no case shall the Page- 18 - Council Bill No. 3060 Ordinance No. 2556 45 pH fall below 5.0 su, or become equal to 12.5 su or above (greater than or equal to 12.5 su). (3) Solid or viscous substances in amounts which will cause interference with the flow in a sewer but in no case solids greater than one-half inch (1/2) in any dimension. (4) Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause Interference with the POTW; (5) Any wastewater having temperature greater than 150° F (65° C), or which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 1040 F (40° C). (6) Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin, in amounts that will cause Interference or Pass Through; (7) Any pollutants which result in the presence of toxic gases, vapor or fumes within the system in a quantity that may cause worker health and safety problems. (8) Any hauled pollutants, except at discharge points designated by the City in accordance with Section 3.6 of this Ordinance. (9) Any noxious or malodorous liquids, gases, or solids or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair. (10) Any wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plants effluent thereby violating the City's NPDES permit. (1 1 ) Any wastewater containing any radioactive waste or isotopes except as specifically approved by the Supervisor in compliance with applicable State and Federal regulations. (12) Storm water, surface water, groundwater, artisan well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, Page- 19 - Council Bill No. 3060 Ordinance No. 2556 46 deionized water, cooling water and unpolluted industrial wastewater, unless specifically authorized by the Superintendent/Supervisor. (13) Any sludge, screening, or other residues from the pretreatment of industrial wastes. (14) Any medical waste, except as specifically authorized by the Superintendent/Supervisor in a wastewater permit. (15) Any wastewater causing the treatment plant effluent to demonstrate toxicity to test species during a bio-monitoring evaluation. (16) Any waste containing detergents, surface active agents, or other substances which may cause excessive foaming in the municipal wastewater system. (17) Fats, oils, or grease of animal or vegetable origin in concentrations greater than 100 mg/L. (18) Any substance which may cause the treatment plant effluent or any other residues, sludge, or scum, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case, shall a substance discharged to the system cause the City to be in noncompliance with sludge use or disposal regulations or permits issued under Section 405 of the Act; the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or other State requirements applicable to the sludge use and disposal practices being used by the City. (19) Any material containing ammonia, ammonia salts, or other chelating agents which will produce metallic complexes that interfere with the municipal wastewater system. (20) Any material identified as hazardous waste according to 40 CFR Part 261 except as specifically authorized by the Wastewater Superintendent/Supervisor. (21 ) Recognizable portions of the human body or animal anatomy. (22) The use of emulsifiers, enzymes, bacterial additives, biological products, digestive agents, catalysts or other chemical agents to dissolve fats, oils and greases (FOG) is specifically prohibited. Waste prohibited by this section shall not be processed or stored in such a manner that these wastes could be discharged to the municipal Page- 20 - Council Bill No. 3060 Ordinance No. 2556 47 wastewater system. 2.2 Federal Categorical Pretreatment Standards Users subject to categorical pretreatment standards are required to comply with applicable standards set out in 40 CFR Chapter 1 , Subchapter IN, Parts 405-471 and incorporated herein. (1 ) Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the Wastewater Superintendent/Supervisor may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(c). (2) When the limits in a categorical pretreatment standard are expressed only in terms of mass of pollutant per unit of production, the Wastewater Superintendent/Supervisor may convert the limits to equivalent limitations expressed either as mass of pollutant discharged per day or effluent concentration for purposes of calculating effluent limitations applicable to individual Industrial users. (3) When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the Wastewater Superintendent/Supervisor shall impose an alternate limit using the combined waste stream formula in 40 CFR 403.6(e). (4) A user may obtain a variance from categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13, that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the categorical pretreatment standard. (5) A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15. 2.3 State Requirements Users are required to comply with applicable State pretreatment standards and requirements set out in OAR Chapter 340 and incorporated herein. Page- 21 - Council Bill No. 3060 Ordinance No. 2556 48 2.4 "Local Limits" Specific Pollutant Limitations No person (user) shall discharge wastewater containing restricted substances into the municipal wastewater system in excess of limitations specified in its Wastewater Discharge Permit or published by the Wastewater Superintendent/Supervisor. The more stringent of either the categorical standards or the specific pollutant limitations "Local Limits" for a given pollutant will be placed in the permit. The Wastewater Superintendent/Supervisor shall publish and revise from time to time standards for specific restricted substances "Local Limits". These standards will be adopted or rejected through resolution by the City Council. These standards shall be developed in accordance with 40 CFR Section 403.5 and shall implement the objectives of this ordinance. Standards published in accordance with this section will be deemed Pretreatment Standards for the purposes of Section 307 (d) of the Act. At the discretion of the Wastewater Superintendent, mass or permit specific limitations may be imposed in addition to or in place of the concentration based limitations referenced above. 2.5 City's Right to Revision The City reserves the right to establish, by ordinance or in wastewater permits, more stringent limitations or requirements for discharge to the municipal wastewater system if deemed necessary to comply with the objectives presented in Section 1 .1 of this Ordinance or the general and specific prohibitions in Section 2.1 of this Ordinance. 2.6 Special Agreement The City reserves the right to enter into special agreements with users setting out special terms under which the industrial user may discharge to the system. In no case will a special agreement waive compliance with a pretreatment standard. However, the industrial user may request a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15. Industrial users may also request a variance from the categorical pretreatment standard from US EPA. Such a request shall be approved only if the user can prove that factors relating to its discharge are fundamentally different from the factors considered by US EPA when establishing that pretreatment standard. An industrial user requesting a fundamentally Page- 22 - Council Bill No. 3060 Ordinance No. 2556 49 different factor variance must comply with the procedural and substantive provisions in 40 CFR 403.13. 2.7 Dilution No user shall ever increase the use of process water, or in any way attempt to dilute, a discharge as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard, or any other pollutant-specific limitation developed by the City. 2.8 Deadline for Compliance with Categorical Standards Compliance by existing sources with categorical pretreatment standards shall be within three (3) years of the date the standard is effective unless a shorter compliance time is specified in the appropriate subpart of 40 CFR Chapter I Subchapter N. New sources shall install and have in operating condition, and shall start-up all pollution control equipment required to meet applicable pretreatment standards before beginning to discharge. Within the shortest feasible time (not to exceed 90 days), new sources must meet all applicable pretreatment standards. 2.9 Inflow and Infiltration All property owners and responsible users identified by the City as contributors to excessive or improper infiltration or inflow into the treatment works shall be advised of their infiltration or inflow problems. All such properties shall be provided a 180-day grace period in which to correct the identified infiltration and inflow problems, said 180-day grace period to extend from the date of notification. By the end of the 180-day grace period, each property owner shall notify the City that corrective actions have been taken or are in progress, and describe the actions being taken. A property owner failing to notify the City of corrective actions prior to the end of the 180-day grace period shall be subject to termination of service without further notice, and water service shall be immediately discontinued and shut off until the violations shall have been corrected in accordance to federal, state, and City regulations. Page- 23 - Council Bill No. 3060 Ordinance No. 2556 50 If any excessive infiltration or inflow into the treatment works shall continue beyond the 180-day grace period, it is hereby declared that such continuing infiltration or inflow is a public nuisance. The City Public Works Director shall have the right to abate such a public nuisance, to enter upon any private property within the City for such a purpose, and to assess the cost of such abatement as a lien against the property upon which such infiltration and inflow occurs. An administration fee of $350.00 dollars or 5% of the cost, whichever is greater, shall be assessed by the City Public Works Director in addition to all cost of abatement. The assessment of all cost shall be levied by the filing of a statement of such costs together with the description of the property or properties to be assessed and the name of the owner(s) thereof with the City Recorder. SECTION 3 - PRETREATMENT OF WASTEWATER 3.1 Pretreatment Facilities Industrial users shall provide necessary wastewater treatment as required to comply with this Ordinance and shall achieve compliance with all categorical pretreatment standards, local limits and the prohibitions set out in Section 2 above, within the time limitations specified by the Superintendent/Supervisor. Any facilities required to pretreat wastewater to a level acceptable to the City shall be provided, operated, and maintained at the industrial user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the City for review, and shall be acceptable to the City before construction of the facility. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying the facility as necessary to produce an acceptable discharge to the City under the provisions of this Ordinance. 3.2 Additional Pretreatment Measures Whenever deemed necessary, the Superintendent/Supervisor may require industrial users to restrict the industrial user's discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage waste streams from industrial waste streams, and such other conditions as may be necessary to protect the municipal wastewater system and determine the industrial user's compliance with the requirements of this Ordinance. Page- 24 - Council Bill No. 3060 Ordinance No. 2556 51 (1 ) Each person discharging, into the municipal wastewater system greater than 100,000 gallons per day or greater than five percent (5%) of the average daily flow in the system, whichever is lesser, may be required by the Superintendent/Supervisor to install and maintain, on his property and at his expense, a suitable storable and flow control facility to ensure equalization of flow over a twenty-four (24) hour period. The facility shall have a capacity for at least fifty percent (50%) of the daily discharge volume and shall be equipped with alarms and a rate of discharge controller, the regulation of which shall be directed by the Superintendent/Supervisor. A wastewater permit may be issued solely for flow equalization. (2) Grease, oil and sand interceptors shall be provided, when, in the opinion of the Superintendent/Supervisor, they are necessary for the proper handling of wastewater containing excessive amounts of grease, flammable substances, sand, or other harmful substances; except that such interceptors shall not be required for residential users. All interceptor units shall be of type and capacity approved by the Superintendent/Supervisor and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired regularly, as needed, by the owner, at his expense. (3) Industrial users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter. 3.3 Spill Prevention and Slug Control Plans The Superintendent/Supervisor may require any user to develop and implement a Spill Prevention/Slug Control Plan (SP/SCP). Where deemed necessary by the City, facilities to prevent accidental spills or slug discharges of pollutants shall be provided and maintained at the user's expense. A spill prevention/slug control plan (SP/SCP) showing facilities and operating procedures providing this protection shall be submitted to the City for review and approval before implementation. The City shall determine which user is required to develop a plan and require said plan to be submitted within 90 days after notification by the City. Each user shall implement its SP/SCP as submitted or as modified after such plan has been reviewed and approved by the City. Review and approval of such plans and operating procedures by the City shall not relieve the user from the responsibility to modify its facility as necessary to meet the requirements of this Ordinance. The plan shall be posted and available for inspection at the Page- 25 - Council Bill No. 3060 Ordinance No. 2556 52 facility during normal business hours. (1 ) Any user required to develop and implement a spill prevention/slug control plan shall submit a plan which addresses, at a minimum, the following: A. Description of discharge practices, including non-routine batch discharges; B. Description of stored chemicals; C. Procedures for immediately notifying the POTW of any spill or slug discharge. Such notification must also be given for any discharge which would violate any standards in Section 2.1 through 2.4 of this Ordinance, including any discharge that would violate a prohibition under 40 CFR 403.5(b), or as required by Section 6.6 of this Ordinance; and D. Procedures to prevent adverse impact from any spill or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and or measures and equipment for emergency response. (2) Users shall notify the City Wastewater Treatment Plant immediately after the occurrence of a spill or slug discharge of substances regulated by this Ordinance. The notification shall include location of discharge, date and time thereof, type of waste, concentration and volume, and corrective actions. Any affected user shall be liable for any expense, loss, or damage to the POTW, in addition to the amount of any fines imposed on the City on account thereof under State or Federal law. (3) Within five (5) days following a spill or slug discharge, the user shall submit to the City a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to person or property nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this Ordinance or other applicable law. Page- 26 - Council Bill No. 3060 Ordinance No. 2556 53 (4) Signs shall be permanently posted in conspicuous places on the user's premises advising employees whom to call in the event of a spill or slug discharge. Employers shall instruct all employees who may cause or discover such discharge with respect to emergency notification procedures. (5) Preventive Measures: If any user has a spill or uncontrolled discharge of prohibited or restricted substances into the City sewer system, the Superintendent/Supervisor may require the user's spill prevention and slug control plan to be resubmitted, with revisions, in order to fully comply with the requirements of this Ordinance. The Wastewater Superintendent/Supervisor may also require the industrial user to install, modify equipment and/or make other changes necessary to prevent such discharge as a condition of issuance of an Industrial Wastewater Discharge Permit or as a condition of continued discharge into the City sewer system. The Superintendent/Supervisor may establish a schedule of compliance for construction completion. The Superintendent/Supervisor may require connections or entry points which could allow spills or uncontrolled discharges of prohibited or restricted substances to enter the City sewer system to be eliminated, labeled, or controlled, so as to prevent the entry of wastes in violation of this Ordinance. 3.4 Tenant Responsibility Any person who shall occupy an industrial user's premises as a tenant under any rental or lease agreement shall be jointly and severally responsible for compliance with the provisions of this Ordinance in the same manner as the Owner. 3.5 Separation of Domestic and Industrial Waste Streams All domestic waste streams (from rest rooms, showers, drinking fountains, etc.) unless specifically included as part of a categorical pretreatment standard, shall be kept separate from all industrial wastewaters until the industrial wastewaters have passed through a required pretreatment system and the industrial user's monitoring facility. When directed to do so by the Superintendent/Supervisor, industrial users must separate existing domestic waste streams. Page- 27 - Council Bill No. 3060 Ordinance No. 2556 54 3.6 Hauled Wastewater Septic tank waste (septage) will be accepted into the municipal wastewater system at a designated receiving structure within the POTW area, and at such times as are established by the Superintendent/Supervisor, provided such wastes do not contain toxic or hazardous pollutants, and provided such discharge does not violate any other requirements established by the City. Permits for individual vehicles to use such facilities shall be issued by the Superintendent/Supervisor. (1 ) All waste haulers, regardless of the origin of the hauled wastes, shall be considered "industrial users" for the purposes of this ordinance and required to apply for a waste hauler permit. (2) The discharge of domestic septage wastes from commercial or industrial sites requires prior approval of the Superintendent/Supervisor. The Superintendent/Supervisor shall have authority to prohibit the disposal of such wastes, if such disposal would interfere with the treatment plant operation. (3) Fees for the discharge of septage will be established as part of the user fee system as authorized in Section 14. 3.7 Vandalism No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface, tamper with or prevent access to any structure, appurtenance or equipment, or other part of the municipal wastewater system. Any person found in violation of this requirement shall be subject to the sanctions set out in Section 10. 3.8 Grease Interceptors The City may inspect grease interceptors (i.e., traps, oil/water separators) to ensure proper installation and maintenance. Users may be required to reimburse the City for cleaning and additional maintenance of public sewer mains due to discharge of grease caused by noncompliance with these rules and regulations. (1 ) In the event the City, during routine line maintenance, discovers an accumulation of grease in a public line sufficient to restrict the normal flow of waste, upstream IUs shall be inspected. When the City Page- 28 - Council Bill No. 3060 Ordinance No. 2556 55 determines which user was responsible for the grease or oil discharge, the user may be required to cease discharge of the prohibited waste, install an interceptor, maintain the interceptor, and may be charged for the cost of cleaning the line. (2) Other Interceptors: Dischargers who operate automatic and coin- operated laundries, car washes, filling stations, commercial garages or similar businesses having any type of washing facilities (including pressure washing and steam cleaning) or any other dischargers producing grit, sand, oils, lint, or other materials which have the potential of causing partial or complete obstruction of the building side sewer or other areas in the POTW shall, upon order of the Superintendent/Supervisor, install approved interceptors, oil/water separators, or tanks in accordance with specifications adopted by the City of Woodburn such that excessive amounts of oil, sand and inert solids are effectively prevented from entering the POTW. (3) Installation and Maintenance: All grease interceptors, oil/water separators, settling tanks and grit traps shall be properly installed, maintained and operated by the discharger at his own expense. The installation shall be kept in continuous operation at all times, and shall be maintained to provide efficient operation. Cleaning must be performed by a service contractor qualified to perform such cleaning, or in a manner approved by the Superintendent/Supervisor. All material removed shall be disposed of in accordance with all state and federal regulations. SECTION 4 - WASTEWATER PERMIT ELIGIBILITY 4.1 Wastewater Survey When requested by the City of Woodburn all industrial users must submit information on the nature and characteristics of their wastewater by completing a Nonresidential Wastewater Discharge Survey form prior to commencing their discharge. The Superintendent/Supervisor is authorized to prepare a form for this purpose and may periodically require industrial users to update the survey. Failure to complete this survey shall be considered a violation of this ordinance and subjects the industrial user to the sanctions set out in Section 10. Page- 29 - Council Bill No. 3060 Ordinance No. 2556 56 4.2 Wastewater Permit Requirement It shall be unlawful for significant industrial users to discharge wastewater into the City's sanitary sewer system without first obtaining a wastewater permit from the Superintendent/Supervisor. Any violation of the terms and conditions of wastewater permit shall be deemed a violation of this Ordinance and subjects the industrial user to the sanctions set out in Section 10. Obtaining a wastewater permit does not relieve a permittee of its obligation to obtain other permits required by Federal, State or local law. The Superintendent/Supervisor may require other non-domestic users, including liquid waste haulers, to obtain wastewater permits as necessary to carry out the purposes of this chapter. 4.3 Permitting Existing Connections Any significant industrial user, without a current industrial waste discharge permit, which discharges industrial waste into the municipal wastewater system prior to the effective date of this ordinance and who wishes to continue such discharges in the future, shall, within ninety (90) days after said date, apply to the City for a wastewater permit in accordance with Section 4.6, and shall not cause or allow discharges to the system to continue after one hundred eighty (180) days of the effective date of this Ordinance except in accordance with a permit issued by the Superintendent/Supervisor. 4.4 Permitting New Connections Any significant industrial user proposing to begin or recommence discharging industrial wastes into the municipal wastewater system must obtain a wastewater permit prior to beginning or recommencing such discharge. An application for this permit must be filed at least ninety (90) days prior to the anticipated start up date. 4.5 Permitting Extra-Jurisdictional Industrial Users Any existing significant industrial user located beyond the City limits shall submit a permit application, in accordance with Section 4.6 below, within ninety (90) days of the effective date of this Ordinance. New significant industrial users located beyond the City limits shall submit such applications to the Superintendent/Supervisor ninety (90) days prior to any proposed discharge into the municipal system. Upon review of such application, the Page- 30 - Council Bill No. 3060 Ordinance No. 2556 57 Superintendent/Supervisor may enter into a contract with the industrial user which requires the industrial user to subject itself to and abide by this Chapter, including all permitting, compliance monitoring, reporting, and enforcement provisions herein. Alternately, the Superintendent/Supervisor may enter into an agreement with the neighboring jurisdiction in which the significant industrial user is located to provide for the implementation and enforcement of pretreatment program requirements against said user. 4.6 Wastewater Permit Application Contents In order to be considered for a wastewater permit, all industrial users required to have a permit must submit the following information on an application form approved by the Superintendent/Supervisor. (1 ) Name, mailing address, and location (if different from mailing address); (2) Environmental control permits held by or for the facility; (3) Standard Industrial Classification (SIC) and/or North American Industrial Classification System (NAICS) codes for pretreatment the industry as a whole and any processes for which categorical pretreatment standards have been promulgated. (4) Description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemicals used at the facility which are or could accidentally or intentionally be discharged to the municipal system; (5) Number and type of employees, and hours of operation, and proposed or actual hours of operation of pretreatment system. (6) Each product by type, amount, process or processes and rate of production; (7) Type and amount of raw materials process (average and maximum per day); (8) The site plans, floor plans and mechanical and plumbing plans and details to show all sewers, floor drains, and appurtenances by size, location and elevation, and all points of discharge; (9) Time and duration of the discharge; Page- 31 - Council Bill No. 3060 Ordinance No. 2556 58 (10) Measured average daily and maximum daily flow, in gallons per day, to the municipal system from regulated process streams and other streams as necessary to use the combined wastestream formula in 40 CFR 403.6(e); (1 1 ) Daily maximum, daily average, and monthly average wastewater flow rates, including daily, monthly, and seasonable variations, if any; (12) Wastewater constituents and characteristics, including any pollutants in the discharge which are limited by Federal, State, and local standards, pretreatment standards applicable to each regulated process; and nature and concentration (or mass if pretreatment standard requires) of regulated pollutant in each regulated process (daily maximum and average concentration or mass when required by a pretreatment standard). Sampling and analysis shall be undertaken in accordance with 40 CFR Part 136, and certified that sampling is representative of normal work cycles and expected pollutant discharges. (13) A statement reviewed by an authorized representative of the user and certified to by a qualified professional indicating whether or not the pretreatment standards are being met on a consistent basis, and if not, what additional pretreatment is necessary. (14) If additional pretreatment and/or O&M will be required to meet the standards, then the industrial user shall indicate the shortest time schedule necessary to accomplish installation or adoption of such additional treatment and/or O&M. The completion date in this schedule shall not be longer than the compliance date established for the applicable pretreatment standard. The following conditions apply to this schedule; A. The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include hiring an engineer, completing preliminary plans, completing final plans, executing contracts for major components, commencing construction, completing construction, beginning operation, and conducting routine operation). No increment referred to above shall exceed nine (9) months nor shall the total compliance period exceed thirty-six (36) months. B. No later than 14 days following each date in the schedule and Page- 32 - Council Bill No. 3060 Ordinance No. 2556 59 the final date for compliance, the user shall submit a progress report to the Superintendent/Supervisor including, at a minimum, whether or not it complied with the increment of progress, the reason for any delay, and if appropriate, the steps being taken by the user to return to the established schedule. In no event shall more than nine (9) months elapse between such progress reports to the Superintendent/Supervisor. (15) Any other information as may be deemed by the Superintendent/Supervisor to be necessary to evaluate the permit application. (16) A new source discharger may provide estimates as to the character and volume of pollutants described in 4.6 (10)(1 1 )(12). Incomplete or inaccurate applications shall not be processed and shall be returned to the industrial user for revision. 4.7 Application Signatories and Certification All permit applications and industrial user reports must contain the following certification statement and be signed by an authorized representative of the industrial user. "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." If the designation of an Authorized Representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, a new written authorization satisfying the requirements of this Section must be submitted to the Superintendent/Supervisor prior to or together with any reports to be signed by an Authorized Representative. Page- 33 - Council Bill No. 3060 Ordinance No. 2556 60 4.8 Wastewater Permit Decision The Superintendent/Supervisor will evaluate the data furnished by the industrial user and may require additional information. Within sixty (60) days of receipt of a complete permit application, the Superintendent/Supervisor will determine whether or not to issue a wastewater permit. If no determination is made within this time period, the application will be deemed denied. If any waters or wastes are discharged, or area proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Section 2, and which in the judgment of the Superintendent/Supervisor, may have a deleterious effect upon the municipal treatment system, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent/Supervisor may take any of the following actions: (1 ) Reject the wastes; (2) Require pretreatment to an acceptable condition for discharge to the public sewers; (3) Require control over the quantities and rates of discharge, and/or; (4) Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges. SECTION 5 - WASTEWATER PERMIT ISSUANCE PROCESS 5.1 Wastewater Permit Duration Permits shall be issued for a specific time period, not to exceed five (5) years. A permit may be issued for a period less than five (5) years, at the discretion of the Superintendent/Supervisor. Each permit shall indicate a specific date upon which it will expire. 5.2 Wastewater Permit Contents Wastewater permit shall include such conditions as are reasonably deemed necessary by the Superintendent/Supervisor to prevent Pass Through or Interference and to implement the objectives of this Ordinance. Page- 34 - Council Bill No. 3060 Ordinance No. 2556 61 (1 ) Wastewater Permits shall contain the following conditions: A. A statement that indicates permit duration, which in no event shall exceed 5 years. B. A statement that the permit is nontransferable without prior notification to and approval from the City and provisions for furnishing the new owner or operator with a copy of the existing permit. C. Effluent limits including Best Management Practices, based on applicable Pretreatment standards in Federal, State and local law. D. Self monitoring, sampling, reporting, notification and record keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on Federal, State and local law. E. Statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedules may not extend the compliance date beyond applicable federal deadlines. F. Requirements to control Slug Discharge, if determined by the Superintendent/Supervisor to be necessary. G. Requirements for immediate reporting of any instance of noncompliance and for automatic re-sampling and reporting within thirty (30) days where self-monitoring indicates a violation(s). H. Requirements for prior notification and approval by the Superintendent/Supervisor of any new introduction of wastewater pollutants or of any change in the volume or character of the wastewater prior to introduction in the system. I. Requirements for immediate notification of excessive, accidental, or slug discharges, or any discharge which could cause any problems to the system. (2) Permits also may contain, but need not be limited to, the following: Page- 35 - Council Bill No. 3060 Ordinance No. 2556 62 A. Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulations and equalization. B. Limits on the instantaneous, daily and monthly average and/or maximum concentration, mass, or other measure of identified wastewater pollutants or properties. C. Requirements for the installation of pretreatment technology or construction of appropriate containment devices, etc., designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works. D. Development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or routine discharges. E. Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the municipal wastewater system. F. The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the system. G. Requirements for installation and maintenance of inspection and sampling facilities and equipment. H. Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types, and standards for tests, and reporting schedules. I. Compliance schedules for meeting pretreatment standards and requirements. J. Requirements for submission of periodic self-monitoring or special notification reports. K. Requirements for maintaining and retaining plant records relating to wastewater discharge as specified in Section 6.12 and affording the Superintendent/Supervisor, or his representatives, access thereto. L. Requirements for the prior notification and approval by the Page- 36 - Council Bill No. 3060 Ordinance No. 2556 63 Superintendent/Supervisor of any change in the manufacturing and/or pretreatment process used by the permittee. M. A statement that compliance with permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the permit. N. Other conditions as deemed appropriate by the Superintendent/Supervisor to ensure compliance with this ordinance, and State and Federal laws, rules, and regulations; the term of the permit. 5.3 Wastewater Permit Appeals Any person including the industrial user may petition the Superintendent/Supervisor to reconsider the terms of the permit within ten (10) days of the issuance of the final permit. (1 ) Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal. (2) In its petition, the appealing party must indicate the permit provisions objected to, the reasons for this objection, and the alternative conditions, if any, it seeks to place in the permit. (3) The effectiveness of the permit shall not be stayed pending the appeal. (4) If the Superintendent/Supervisor fails to act within fifteen (15) days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit, or not to modify a wastewater discharge permit shall be considered final administrative actions for purpose of judicial review. (5) Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by petitioning for a Writ of Review in the Marion County Circuit Court, pursuant to ORS Chapter 34, within sixty (60) days of the final administrative decision. Page- 37 - Council Bill No. 3060 Ordinance No. 2556 64 5.4 Wastewater Permit Modifications The Superintendent/Supervisor may modify the permit for good cause including, but not limited to, the following: (1 ) To incorporate any new or revised federal, state, or local pretreatment standards or requirements. (2) To address significant alterations or additions to the industrial user's operation, processes, or wastewater volume or character since the time of permit issuance. (3) A change in the municipal wastewater system that requires either a temporary or permanent reduction or elimination of the authorized discharge. (4) Information indicating that the permitted discharge poses a threat to the City's municipal wastewater system, City personnel, or the receiving waters. (5) Violation of any terms or conditions of the wastewater permit. (6) Misrepresentation or failure to disclose fully all relevant facts in the permit application or in any required reporting. (7) Revisions of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13. (8) To correct typographical or other errors in the permit. (9) To reflect a transfer of the facility ownership and/or operation to a new owner/operator. The filing of a request by the permittee for a permit modification does not stay any permit condition. 5.5 Wastewater Permit Transfer Permits may be reassigned or transferred to a new owner and/or operator with prior approval of the Superintendent/Supervisor if the permittee gives at least thirty (30) days advance notice to the Superintendent/Supervisor. The notice must include provision for furnishing the new owner or operator with a copy of the existing permit and a written certification by the new Page- 38 - Council Bill No. 3060 Ordinance No. 2556 65 owner which: (1 ) States that the new owner has no immediate intent to change the facility's operations and processes. (2) Identifies the specific date on which the transfer is to occur. (3) Acknowledges full responsibility for complying with the existing permit. Failure to provide advance notice of a transfer renders the wastewater permit terminated. 5.6 Wastewater Permit Revocation The Superintendent/Supervisor may revoke a wastewater discharge permit for good cause, including, but not limited to, the following reasons: (1 ) Failure to notify the City of significant changes to the wastewater prior to the changed discharge; (2) Falsifying self-monitoring reports; (3) Tampering with monitoring equipment; (4) Refusing to allow the City timely access to the facility premises and records; (5) Failure to meet effluent limitations; (6) Failure to pay administrative penalties; (7) Failure to pay sewer charges; (8) Failure to meet compliance schedules; (9) Failure to complete a wastewater survey; (10) Failure to provide advance notice of the transfer of a permitted facility; (1 1 ) Violations of any pretreatment standard or requirement or any terms of the permit or the ordinance; (12) Failure to provide prior notification to the Superintendent/Supervisor Page- 39 - Council Bill No. 3060 Ordinance No. 2556 66 of changed conditions pursuant to Section 6.5 of this Ordinance; (13) Misrepresentation of, or failure to fully disclose all relevant facts in the wastewater discharge permit application; (14) Failure to complete a wastewater discharge permit application; Wastewater discharge permits shall be voidable upon cessation of operations, or transfer of business ownership. All wastewater discharge permits issued to a particular user are void upon the issuance of a new wastewater permit to that user. 5.7 Wastewater Permit Reissuance A user who is required to have a wastewater discharge permit shall apply for a wastewater discharge permit application, in accordance with Section 4.6 of this Ordinance, a minimum of ninety (90) days prior to the expiration of the user's existing wastewater discharge permit. A user whose existing wastewater discharge permit has expired and who has submitted its re- application in the time period specified herein shall be deemed to have an effective wastewater discharge permit until the City issues or denies the new wastewater discharge permit. A user whose existing wastewater discharge permit has expired and who failed to submit its re-application in the time period specified herein will be deemed to be discharging without a wastewater discharge permit. 5.8 Regulation of Wastewater Received from other Jurisdictions If another municipality, or user located within another jurisdiction, contributes wastewater to the municipal wastewater system, the Superintendent/Supervisor shall enter into an intermunicipal or interjurisdictional agreement with the contributing municipality or jurisdiction, or enter into a contract with the user(s), in accordance with requirements specified in the City's pretreatment procedures. All interjurisdictional agreements made with users outside the City's jurisdiction will be considered a major modification to the City NPDES permit and will require approval from the Department of Environmental Quality. Page- 40 - Council Bill No. 3060 Ordinance No. 2556 67 SECTION 6 - REPORTING REQUIREMENTS 6.1 Baseline Monitoring Reports Within 180 days after the effective date of a categorical pretreatment standard, or 180 days after the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing significant industrial users subject to such categorical pretreatment standards and currently discharging to or scheduled to discharge to the municipal system shall be required to submit to the City a report which contains the information listed in paragraph 6.1 (1 ), below. At least ninety (90) days prior to commencement of their discharge, new sources, including existing users which have changed their operation or processes so as to become new sources, shall be required to submit to the City a report which contains the information listed in paragraph 6.1 (1 ). A new source shall also be required to report the method it intends to use to meet applicable pretreatment standards. A new source shall also give estimates of its anticipated flow and quantity of pollutants discharged. (1 ) The information required by this section includes: (A) Identifying Information The user shall submit the name and address of the facility including the name of the operator and owners; (B) Permits The user shall submit a list of any environmental control permits held by or for the facility; (C) Description of Operation The user shall submit a brief description of the nature, average rate of production, and standard industrial classifications of the operation(s) carried out by such industrial user. This description should include a schematic process diagram which indicates points of discharge to the system from the regulated processes; (D) Flow Measurement The user shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the system from regulated process streams and other streams as necessary to allow use of the combined wastestream formula set out in 40 CFR 403.6 (e); (E) Measurement of Pollutant (i) The industrial user shall identify the categorical pretreatment standards applicable to each regulated Page- 41 - Council Bill No. 3060 Ordinance No. 2556 68 process. (ii) In addition, the industrial user shall submit the results of sampling and analysis identifying the nature and concentration (and/or mass, where required by federal, state or City standards or the Superintendent/Supervisor) of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum and long term average concentrations (or mass, where required by federal, state or City standards or the Superintendent/Supervisor) shall be reported. The sample shall be representative of daily operations and shall be performed in accordance with procedures set out in 40 CFR Part 136. (iii) Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment the user should measure the flows and concentrations necessary to allow use of the combined wastestream formula, in order to evaluate compliance with Pretreatment Standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6 (e). This adjusted limit along with supported data shall be submitted to the Control Authority. (iv) Sampling and analysis shall be performed in accordance with the techniques prescribed in 40 CFR part 136 and amendments thereto. (v) The Control Authority may allow the submission of a Baseline Monitoring Report, which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures. (vi) The baseline report shall indicate the time, date and place, of sampling and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharge to the POTW. (F) Special Certification A statement, reviewed by an authorized Page- 42 - Council Bill No. 3060 Ordinance No. 2556 69 representative of the industrial user and certified to by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operations and maintenance (O&M) and/or additional pretreatment is required in order to meet the pretreatment standards and requirements; and (G) Compliance Schedule If additional pretreatment and/or O&M will be required to meet the pretreatment standards; the shortest schedule by which the industrial user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in Section 4.6 (14) of this Ordinance. (H) Signature and Certification All baseline-monitoring reports must be signed and certified in accordance with Section 4.7. 6.2 Compliance Schedule Progress Reports The following conditions shall apply to the compliance schedule required by Section 6.1 (G) of this ordinance: (1 ) The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, commencing and completing construction, and beginning and conducting routine operation). (2) No increment referred to above shall exceed nine (9) months. (3) The user shall submit a progress report to the Superintendent/Supervisor no later than fourteen (14) days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule. (4) In no event shall more than nine (9) months lapse between such progress reports to the Superintendent/Supervisor. Page- 43 - Council Bill No. 3060 Ordinance No. 2556 70 6.3 Reports on Compliance with Categorical Pretreatment Standard Deadline Within ninety (90) days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source, following commencement of the introduction of wastewater into the municipal (POTW) wastewater system, any user subject to such pretreatment standards and requirements shall submit to the Superintendent/Supervisor a report containing the information described in section 6.1 (1 ) D-F of this Ordinance. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long term production rate. For all other industrial users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with Section 4.7. 6.4 Periodic Compliance Reports (1 ) Any user that is required to have an industrial waste discharge permit and performs self-monitoring shall submit to the City semi-annually on the fifteenth day of June and December, unless required on other dates or more frequently by the City, a report indicating the nature and concentration of pollutants in the discharge which are limited by Pretreatment Standards. In cases where the Pretreatment Standard requires compliance with a Best Management Practice (BMP) or pollution prevention alternative, the user must submit documentation required by the Superintendent/Supervisor or the Pretreatment Standard necessary to determine the compliance of the user. The frequency of monitoring shall be as prescribed within the industrial waste discharge permit. At a minimum, users shall sample their discharge at least twice per year. In addition, this report shall include a record of measured or estimated average and maximum daily flows for the reporting period for the discharge according to 40 CFR 403.12 (b)(4). (2) The report shall include a record of the concentration (and mass if specified in the wastewater discharge permit) of the pollutants listed in the wastewater discharge permit that were measured and a Page- 44 - Council Bill No. 3060 Ordinance No. 2556 71 record of all flow measurements (average and maximum) taken at the designated sampling locations and shall also include any additional information required by this Ordinance or the wastewater discharge permit. Production data shall be reported if required by the wastewater discharge permit. Both daily maximum and average concentration (or mass, where required) shall be reported. If a user sampled and analyzed more frequently than what was required by the City or by this Ordinance, using methodologies in 40 CFR Part 136, it must submit all results of sampling and analysis of the discharge during the reporting period. (3) Any user subject to equivalent mass or concentration limits established by the City or by unit production limits specified in the applicable categorical standards shall report production data as outlined in Section 6.3. (4) If the City calculated limits to factor out dilution flows or non- regulated flows, the user will be responsible for providing flows from the regulated process flows, dilution flows and non-regulated flows. (5) Flows shall be reported on the basis of actual measurements, provided, however, that the City may accept reports of average and minimum flows estimated by verifiable techniques if the City determines that an actual measurement is not feasible. (6) Discharges sampled shall be representative of the user's daily operations and samples shall be taken in accordance with the requirements specified in Section 6. (7) The City may require reporting by users that are not required to have an industrial wastewater discharge permit if information or data is needed to establish a sewer charge, determine the treatability of the effluent, or determine any other factor which is related to the operation and maintenance of the sewer system. (8) The City may require self-monitoring by the industrial user or, if requested by the user, may agree to perform the periodic compliance monitoring needed to prepare the periodic compliance report required under this section. If the City agrees to perform such periodic compliance monitoring, it may charge the user for such monitoring, based upon the costs incurred by the City for the sampling and analyses. Any such charges shall be added to the normal sewer charge and shall be payable as part of the sewer bill. The City is under no obligation to perform periodic compliance monitoring for a user. (9) All wastewater samples must be representative of industrial user's discharge. Wastewater monitoring and flow measurement facilities Page- 45 - Council Bill No. 3060 Ordinance No. 2556 72 shall be properly operated, kept clean, and maintained in good working order at all times. The failure of an industrial user to keep its monitoring facility in good working order shall not be grounds for the industrial user to claim that sample results are unrepresentative of its discharge. A. In the event an industrial user's monitoring results indicate a violation has occurred, the industrial user shall immediately (within 24 hours of becoming aware of the violation) notify the Superintendent/Supervisor and shall resample its discharge. The industrial user shall report the results of the repeated sampling within thirty (30) days of discovering the first violation. B. The reports shall indicate the time, date, persons, location of sampling, and methods of analysis, and shall certify that such sampling and analysis is representative of the normal work cycles and expected pollutant discharges to the city sewer system. All sampling and analysis protocol shall be in accordance with 40 CFR Part 136 and amendments thereto. (10) Reporting requirements for industrial users not subject to categorical pretreatment standards will be according to the requirements established in 40 CFR 403.12 (h) and Section 6.4 of this ordinance. (1 1 ) All periodic compliance reports must be signed and certified in accordance with Section 4.7 of this Ordinance. 6.5 Report of Changed Conditions Each industrial user shall notify the Superintendent/Supervisor of any planned significant changes to the industrial user's operations or system which might alter the nature, quality or volume of its wastewater at least 30 days before the change. Notification of any changes in the listed or characteristic hazardous wastes for which the user has submitted initial notification under 40 CFR 403.12 (p) must also be reported. (1 ) The Superintendent/Supervisor may require the industrial user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater permit application under Section 4.6, if necessary. (2) The Superintendent/Supervisor may issue a wastewater permit under Section 4.8 or modify an existing wastewater permit under Section 5.4. Page- 46 - Council Bill No. 3060 Ordinance No. 2556 73 (3) No industrial user shall implement the planned changed condition(s) until and unless the Superintendent/Supervisor has responded to the industrial user's notice. (4) For purposes of this requirement, flow or loading increases of twenty (20%) or greater and the discharge of any previously unreported pollutant shall be deemed significant. 6.6 Reports of Potential Problems (1 ) In the case of an accidental or other discharge which may cause potential problems for the municipal wastewater system, it is the responsibility of the user to immediately telephone and notify the City POTW Superintendent/Supervisor of the incident. This notification shall include the location of discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user. (2) Within five (5) days following an accidental discharge, the user shall, unless waived by the Superintendent/Supervisor, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the system, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this ordinance. (3) Significant industrial users are required to notify the Superintendent/Supervisor immediately of any changes at its facility affecting the potential for a Slug Discharge. Failure to notify the City of potential problem discharges shall be deemed a separate violation of this ordinance. (4) A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in paragraph (1 ), above. Employers shall ensure that all employees who may cause or suffer such a discharge to occur are advised of the emergency notification procedure. Page- 47 - Council Bill No. 3060 Ordinance No. 2556 74 6.7 Reports from Unpermitted Users All industrial users not subject to categorical pretreatment standards and not required to obtain a wastewater permit shall provide appropriate reports to the City as the Superintendent/Supervisor may require. 6.8 Sample Collection Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, based on data that is representative of conditions occurring during the reporting period. (1 ) Except as indicated in Section 2 and 3 below, the industrial user must collect wastewater samples using 24-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the Superintendent/Supervisor. Where time-proportional composite sampling or grab sampling is authorized by the City, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the City, as appropriate. In addition, grab samples may be required to show compliance with Instantaneous Limits. (2) Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques. (3) For sampling required in support of baseline monitoring and 90-day compliance reports required in Section 6.1 and 6.3 [40 CFR 403.12(b) and (d)], a minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, Superintendent/Supervisor may authorize a lower minimum. For the Page- 48 - Council Bill No. 3060 Ordinance No. 2556 75 reports required by paragraphs Section 6.4 (40 CFR 403.12(e) and 403.12(h)), the industrial user is required to collect the number of grab samples necessary to assess and assure compliance with applicable Pretreatment Standards and Requirements. (4) Samples that are taken by City personnel for the purposes of determining compliance with the requirements of this Ordinance may be split with the industrial user if requested (or a duplicate sample provided in the instance of fat, oil and grease) if requested before or at the time of sampling. (5) The Superintendent/Supervisor may require an industrial user to install and maintain, at the industrial user's expense, a suitable manhole in the industrial user's branch sewer or other suitable monitoring access to allow observation, sampling and measurement of all industrial wastes being discharged into the City sewer system. It shall be constructed in accordance with plans approved by the Superintendent/Supervisor and shall be designed so that flow measuring and sampling equipment may be conveniently installed. Access to the manhole or monitoring access shall be available to City personnel at all times. 6.9 Analytical Requirements All sample analyses shall be performed in accordance with the procedures set forth in 40 CFR, Part 136 and any amendments thereto or with any other test procedures approved by the Administrator of The Environmental Protection Agency. If there are no approved test procedures for a particular pollutant, then analyses shall be performed using other validated procedures approved by the Superintendent/Supervisor and, if the discharge is subject to a Categorical Pretreatment Standard, by the EPA Administrator. 6.10 Monitoring Charges The City may recover the City's expenses incurred in collecting and analyzing samples of the industrial user's discharge by adding the City's expenses to the industrial user's sewer charges. 6.11 Timing Written reports shall be deemed to have been transmitted at the time of Page- 49 - Council Bill No. 3060 Ordinance No. 2556 76 deposit, postage prepaid, into a mail facility service by the United States Postal Service. 6.12 Record Keeping Industrial users shall retain, and make available for inspection, and copying, all records and information required to be retained under 40 CFR 403.12(0). These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning compliance with this ordinance, or where the industrial user as been specifically notified of a longer retention period by the Superintendent/Supervisor, DEQ or EPA. 6.13 Reporting of Additional Monitoring If an industrial user subject to the reporting requirements of 40 CFR 403.12(e) or (h), which requires submission of periodic compliance reports, monitors any pollutant more frequently than required by the City, using the procedures prescribed in 40 CFR Part 136, the results of this monitoring shall be included in the report, as required by 40 CFR 403.12(g)(6). 6.14 Notification of Significant Production Change An industrial user operating under a waste discharge permit incorporating equivalent mass or concentration limits calculated from a production based standard shall notify the Superintendent/Supervisor within two (2) business days after the user has a reasonable basis to know that the production level will significantly change within the next calendar month. Any user not notifying the Superintendent/Supervisor of such anticipated change shall be required to meet the mass or concentration limits in its permit that were based on the original estimate of the long term average production rate. 6.15 Notification of the Discharge of Hazardous Waste (1 ) Any user who commences the discharge of hazardous waste shall notify the City, the EPA Regional Waste Management Division Director, of any discharge into the municipal wastewater system of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261 . Such notification must include the Page- 50 - Council Bill No. 3060 Ordinance No. 2556 77 name of the hazardous waste as set forth in 40 CFR Part 261 , the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the user discharges more than one hundred (100) kilograms of such waste per calendar month to the municipal wastewater system, the notification also shall contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following twelve (12) months. All notifications must take place no later than one hundred and eighty (180) days after the discharge commences. Any notification under this paragraph need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under Section 6.5 of this Ordinance. The notification requirement in this Section does not apply to pollutants already reported by industrial users subject to categorical pretreatment standards under the self-monitoring requirements of Sections 6.1 , 6.3, and 6.4 of this Ordinance. (2) Industrial users are exempt from the requirements of this paragraph (1 ), above, during a calendar month in which they discharge no more than fifteen (15) kilograms of hazardous waste, unless the wastes are acute hazardous waste as specified in 40 CFR 261 .30 (d) and 261 .33 (e). Discharge of more than fifteen (15) kilograms of non- acute hazardous waste in a calendar month, or of any quantity of acute hazardous waste as specified in 40 CFR 261 .30 (d) and 261 .33 (e), requires a one - time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification. (3) In the case of any new regulations under Section 3001 of the RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the Director, the EPA Regional Waste Management Division Director, and DEQ Solid and Hazardous Waste Division Director, of the discharge of such substance within ninety (90) days of the effective date of such regulations. (4) In the case of any notification made under this Section, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical. Page- 51 - Council Bill No. 3060 Ordinance No. 2556 78 (5) This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this Ordinance, a permit issued hereunder, or any applicable Federal or State law. SECTION 7 - COMPLIANCE 7.1 Inspection and Sampling Authorized City personnel may inspect and monitor any industrial user of City water and/or sewer services to determine compliance with the requirements of this Ordinance. The industrial user shall allow the City or its authorized representatives to enter upon the premises for the purpose of inspection, sampling, records examination, record copying, and photographic documentation. The City shall also have the right to set up on the user's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. The right of entry includes, but is not limited to, access to those portions of the premises that contain facilities for sampling, measuring, treating, transporting or otherwise handling waste, and storing records, reports or documents relating to the treatment, sampling or discharge of waste. (1 ) Where a user has security measures in force which require proper identification and clearance before entry into their premises, the industrial user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, personnel from the City, State, and US EPA will be permitted to enter, without delay, for the purposes of performing their official duties. (2) The entry may be made at reasonable times during normal operating or business hours unless an emergency situation exists as determined by the Superintendent/Supervisor; (3) The City may require the industrial user to install monitoring equipment, as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the industrial user at the industrial user's expense. All devices used to measure wastewater flow and quality shall be calibrated periodically to ensure their accuracy. (4) Any temporary or permanent obstruction to safe and easy access to the industrial facility to be inspected and/or sampled shall be promptly removed by the industrial user at the written or oral request Page- 52 - Council Bill No. 3060 Ordinance No. 2556 79 of the Superintendent/Supervisor and shall not be replaced. The costs of clearing such access shall be borne by the industrial user. (5) Unreasonable delays in allowing City personnel access to the industrial user's premises shall be a violation of this Ordinance. (6) The City may use Digital Photography during an inspection. 7.2 Search Warrants If the Superintendent/Supervisor has been refused access to a building, structure or property or any part thereof, and if the Superintendent/Supervisor has probable cause to believe that there may be a violation to this Ordinance, or that there is a need to inspect as part of a routine inspection program of the city designed to protect the overall public health, safety and welfare of the community, the Superintendent/Supervisor shall contact the City Attorney who may then apply for an administrative search warrant from a court of competent jurisdiction. SECTION 8 - CONFIDENTIAL INFORMATION Information and data on an industrial user obtained from reports, questionnaires, permit applications, permits, and monitoring programs, and from City inspections and sampling activities shall be available to the pubic without restriction unless the industrial user specifically requests and is able to demonstrate to the satisfaction of the City that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets under applicable State laws. (1 ) Wastewater constituents and characteristics and other "effluent data" as defined by 40 CFR 2.302 shall not be recognized as confidential information and shall be available to the public without restriction. (2) When requested and demonstrated by the industrial user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the pubic but shall be made available immediately upon request to governmental agencies for uses related to this ordinance, the National Pollutant Discharge Elimination System (NPDES) program, and in enforcement Page- 53 - Council Bill No. 3060 Ordinance No. 2556 80 proceedings involving the person furnishing the report. SECTION 9 - PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE The City shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the POTW, a list of the users which, at any time during the previous twelve (12) months, were in Significant Noncompliance with applicable Pretreatment Standards and Requirements. The term Significant Noncompliance shall be applicable to all significant industrial users (or any other industrial user that violates paragraphs (3), (4) or (8) of this Section) and shall mean: (1 ) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all the measurements taken for the same pollutant parameter taken during a six (6) month period exceed (by any magnitude) a numeric Pretreatment Standard or Requirement, including Instantaneous Limits as defined in Section 2; (2) Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of wastewater measurements taken for each pollutant parameter during a six (6) month period equals or exceeds the product of the numeric Pretreatment Standard or Requirement including Instantaneous Limits, as defined by Section 2 multiplied by the applicable criteria (1 .4 for BOD, TSS, fats, oils and grease, and 1 .2 for all other pollutants except pH); (3) Any other violation of a Pretreatment Standard or Requirement as defined by Section 2 (Daily Maximum, long-term average, Instantaneous Limit, or narrative standard) that the Superintendent/Supervisor determines has caused, alone or in combination with other discharges, Interference or Pass Through, including endangering the health of POTW personnel or the general public; (4) Any discharge of a pollutant that has caused imminent endangerment to the public or to the environment, or has resulted in the Superintendent/Supervisor exercise of its emergency authority to halt or prevent such a discharge; Page- 54 - Council Bill No. 3060 Ordinance No. 2556 81 (5) Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in an individual wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance; (6) Failure to provide within forty-five (45) days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical Pretreatment Standard deadlines, periodic self monitoring reports, and reports on compliance with compliance schedules; (7) Failure to accurately report noncompliance; or (8) Any other violation(s), which may include a violation of Best Management Practices, which the Wastewater Superintendent/Supervisor determines will adversely affect the operation or implementation of the local pretreatment program. SECTION 10 - ADMINISTRATIVE ENFORCEMENT REMEDIES This Section authorizes the development and implementation of an Enforcement Response Plan, Industrial Sampling/Inspection Procedures Manual, and any modifications or revisions thereof. Administration of fines for noncompliance shall be contained in the City's Enforcement Response Procedure. These procedures shall also establish a general guideline for establishment of a fine schedule. The Superintendent/Supervisor is hereby authorized to adopt rules, procedures and forms to implement the provisions of this chapter. Any user that fails to comply with the requirements of this Ordinance and any rules adopted hereunder or provisions of its industrial waste discharge permit may be subject to enforcement actions as prescribed below in addition to those developed by the Superintendent/Supervisor. 10.1 Industrial User Violation Process Whenever the Superintendent/Supervisor determines that a violation of this Ordinance, any permit issued hereunder, or any order issued by the City pursuant to this Ordinance, has occurred or is taking place, it may initiate enforcement action as provided in this Section. In addition, any enforcement action or remedy provided in state or federal law may be employed. If the Superintendent/Supervisor believes a violation has occurred or is occurring, a representative of the City shall make a reasonable effort to notify the user of the violation. All violations including Page- 55 - Council Bill No. 3060 Ordinance No. 2556 82 the first violation shall receive a written Notice of Violation, and may also incur a monetary penalty. (1 ) All written Notices of Violations shall describe the violation and any potential penalty (monetary or additional pretreatment). The written notice may further require that a response to the violation be submitted to the City within a ten (10) day time period. (2) If a written Notice of Violation requires submittal of a response, the response shall include an explanation of the cause of the violation, a plan for its satisfactory correction and prevention of future such violations, and specific corrective or preventive actions. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the Notice of Violation. Nothing in this section shall limit the authority of the Superintendent/Supervisor to initiate emergency action or other enforcement action without first issuing a Notice of Violation. 10.2 Violation (1 ) A violation of limitations established under this Ordinance, any applicable federal, state or pretreatment standards, or specific requirements of a discharge permit shall constitute a violation of this Ordinance and shall be cause for enforcement action by the City, including but not limited to levying of administrative penalties as described in Section 10 regardless of the intent of the user. Each day of a continuing violation shall constitute a separate offense for purposes of computing the applicable penalty. (2) Whenever the Superintendent/Supervisor finds that any industrial user has violated or is violating this ordinance, a wastewater permit or order issued hereunder, or any other pretreatment requirement, the Superintendent/Supervisor shall cause to be served upon said industrial user a written Notice of Violation. The Notice of Violation shall be delivered to the user's premises or be sent by certified mail to the address of the permit holder on record with the City. 10.3 Violation of Permit Parameters (1 ) For the maximum daily allowable concentration, if the concentration of any single sample (whether grab or a sample within a series) exceed the limitations, a violation will have occurred. Page- 56 - Council Bill No. 3060 Ordinance No. 2556 83 (2) For the monthly average allowable concentration, if the average of all sample(s) (grab or composite) taken exceeds the limitation, a violation will have occurred. One sample collected may constitute a monthly average violation. 10.4 Additional Violation Parameters A violation of this Ordinance shall also be deemed to occur: (1 ) For noncompliance with any special reporting requirements established by permit, written request of the City, or as specified by general federal Pretreatment Standards (40 CFR 403.12); (2) Pollutants prohibited by this Ordinance are discharged into the City sewer system; (3) Failure to apply for and obtain a permit prior to discharge of industrial wastewater into the system. 10.5 Industrial User Notice to City of Violation If sampling performed by an industrial user indicates a violation, the industrial user shall notify the Superintendent/Supervisor within 24 hours of becoming aware of the violation. The user shall also resample and report the results within 30 days of becoming aware of violation pursuant to 40 CFR 403.12(g)(2). Resampling must continue until it is evident that the discharge is within compliance. 10.6 Consent Order The Superintendent/Supervisor may enter into Consent Orders, assurance of voluntary compliance, or other similar documents establishing an agreement with an industrial user not in compliance with any permit parameter or provision of this ordinance. Such order will include specific action to be taken by the industrial user to correct the noncompliance within a time period also specified by the Order. Consent Orders shall have the same force and effect as administrative orders and upon issuance, such orders shall be judicially enforceable. Use of a Consent Order shall not be a bar against, or prerequisite for, taking any other action against the user. Page- 57 - Council Bill No. 3060 Ordinance No. 2556 84 10.7 Show Cause Hearing The Superintendent/Supervisor may order any user which causes or contributes to violation(s) of this ordinance, wastewater permits or order issued hereunder or any other pretreatment requirement, to appear before the Superintendent/Supervisor and show cause why a proposed enforcement action should not be taken. Notice shall be served on the industrial user specifying the time and place for the hearing, the proposed enforcement action, the reasons for such action, and an order that the industrial user show cause why this proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered mail (return receipt requested) at least ten (10) days prior to the hearing. Such notice may be served on any authorized representative of the industrial user. Whether or not the industrial user appears at the hearing, the Superintendent/Supervisor may pursue enforcement action following the hearing date. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user. 10.8 Compliance Orders When the Superintendent/Supervisor finds that an industrial user has violated or continues to violate the ordinance, permits or orders issued hereunder, or any other pretreatment requirement, an order may be issued to the user directing that, following a specific time period, sewer service shall be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance Orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including additional self-monitoring, and management practices designed to minimize the amount of pollutants discharged to the sewer. In addition to such Compliance Orders, the Superintendent/Supervisor may require additional self-monitoring for at least ninety (90) days after consistent compliance has been achieved, after which time the self- monitoring conditions in the discharge permit shall control. Issuance of a Compliance Order shall not be a bar against, or prerequisite for, taking any other action against the user. Page- 58 - Council Bill No. 3060 Ordinance No. 2556 85 10.9 Cease and Desist Orders When the Superintendent/Supervisor finds that an industrial user has violated or continues to violate this ordinance, any permit or order issued hereunder, or any other pretreatment requirement, the Superintendent/Supervisor may issue an order to the industrial user directing it to cease and desist all such violations and directing the user to: (1 ) Immediately comply with all requirements. (2) Take such appropriate remedial or preventative action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. 10.10 Administrative Fines (1 ) When the Superintendent/Supervisor finds that a user has violated, or continues to violate, any provision of this ordinance, a wastewater discharge permit or order issued hereunder, or any other Pretreatment Standard or requirement, the Superintendent/Supervisor may fine such user in an amount not to exceed two thousand five hundred dollars ($2,500.00). Such fines shall be assessed on a per violation, per day basis. In the case of monthly or long term average discharge limits, fines shall be assessed for each day during the period of violation. (2) Unpaid charges, fines and penalties shall, after thirty (30) calendar days, be assessed an additional penalty of twenty percent (20%) of the unpaid balance, and interest shall accrue thereafter at a rate of seven percent (7%) per month. A lien against the user's property will be sought for unpaid charges, fines, and penalties. (3) Industrial users desiring to dispute such fines must file a written request for the Superintendent/Supervisor to reconsider the fine along with full payment of the fine amount within fifteen (15) days of being notified of the fine. Where a request has merit, the Superintendent/Supervisor may convene a hearing on the matter. In the event the user's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the industrial user. The Superintendent/Supervisor may add the cost of preparing administrative enforcement actions, such as notices and orders, to the fine. Page- 59 - Council Bill No. 3060 Ordinance No. 2556 86 (4) Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user. 10.11 Emergency Suspensions The Superintendent/Supervisor may immediately suspend an industrial user's discharge and the industrial user's wastewater discharge permit, after informal notice to the industrial user, whenever such suspension is necessary in order to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The Superintendent/Supervisor may also immediately suspend an industrial user's discharge and the industrial user's wastewater discharge permit, after notice and opportunity to respond, that threatens to interfere with the operation of the municipal wastewater treatment system, or which presents or may present an endangerment to the environment. (1 ) Any industrial user notified of a suspension of its wastewater permit shall immediately stop or eliminate its contribution. In the event of an industrial user's failure to immediately comply voluntarily with the suspension order, the Superintendent/Supervisor shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the system, its receiving stream, or endangerment to any individuals. The Superintendent/Supervisor shall allow the industrial user to recommence its discharge when the user has demonstrated to the satisfaction of the Superintendent/Supervisor that the period of endangerment has passed, unless the termination proceedings set forth in Section 10.12 are initiated against the user. (2) An industrial user which is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the Superintendent/Supervisor prior to the date of any show cause or termination hearing under Section 10.7 and 10.12. 10.12 Termination of Permit In addition to those provisions in Section 5.6 of this Ordinance, any industrial user which violates the following conditions of this Ordinance, wastewater permit, or orders issued hereunder is subject to permit termination: Page- 60 - Council Bill No. 3060 Ordinance No. 2556 87 (1 ) Violation of permit conditions; (2) Failure to accurately report the wastewater constituents and characteristics of its discharge; (3) Failure to report significant changes in operations or wastewater volume, constituents and characteristics prior to discharge; (4) Refusal of reasonable access to the industrial user's premises for the purpose of inspection, monitoring or sampling; (5) Slug loads causing interference, pass through, or damage to human health, the environment, or the municipal wastewater system; (6) When the facility serviced by the sanitary sewer system is occupied prior to a Certificate of Occupancy being issued; (7) When the facility served by the sanitary sewer system does not comply with the provisions of the City's "Construction Standards for Public Works Facilities"; (8) When the facility served by the sanitary sewer system does not comply with a condition of approval issued by the City Council, Planning Commission, or Site and Design Review Committee; (9) When the facility served by the sanitary sewer system is improperly connected to a City utility system or is connected without obtaining the required approvals or without paying the required fees and charges; (10) When a user fails to immediately comply with an Administrative Order requiring the immediate halting or elimination of discharge. Non-complying industrial users shall be notified of the proposed termination of their wastewater permit and be offered an opportunity to show cause under Section 10.7 of this ordinance why the proposed action should not be taken. SECTION 11 - JUDICIAL ENFORCEMENT REMEDIES 11.1 Injunctive Relief Whenever an industrial user has violated, threatens to violate, or continues to violate the provisions of this ordinance, permits or orders issued Page- 61 - Council Bill No. 3060 Ordinance No. 2556 88 hereunder, or any other pretreatment requirements, the Superintendent/Supervisor may petition the courts for the issuance of a temporary or permanent injunction, as may be appropriate, which restrains or compels the specific performance of the wastewater permit, order, or other requirement imposed by this ordinance on activities of the industrial user. Such other action as may be appropriate for legal and/or equitable relief may also be sought by the City. The Municipal Court shall grant an injunction without requiring a showing of a lack of an adequate remedy at law. 11.2 Civil Penalties Any industrial user which has violated or continues to violate this Ordinance, any order or permit hereunder, or any other pretreatment requirement shall be liable to the City for a maximum civil penalty of two thousand five hundred dollars ($2,500) per violation per day. In the case of a monthly or other long term average discharge limit, penalties shall accrue for each calendar day during the period of this violation. (1 ) The Municipal Court may award reasonable attorney fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the City. (2) In determining the amount of civil penalty, the Municipal Court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, corrective actions by the industrial user, economic benefit to the user of noncompliance, the compliance history of the user, and any other factors as justice requires. (3) Where appropriate, the City may accept mitigation projects in lieu of the payment of civil penalties where the project provides a valuable service to the City and the industrial user's expense in undertaking the project is at least one hundred and fifty percent (150%) of the civil penalty. 11.3 Criminal Prosecution Any industrial user who willfully or negligently violates any provisions of the ordinance, any orders or permits issued hereunder, or any other pretreatment requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than two thousand five Page- 62 - Council Bill No. 3060 Ordinance No. 2556 89 hundred dollars ($2,500) per violation per day or imprisonment for not more than (1 ) one year, or both. (1 ) Any industrial user who knowingly makes any false statement, representations or certification in any application, record, report, plan or other documentation filed or required to be maintained pursuant to the ordinance or wastewater permit, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this ordinance shall, upon conviction, be punished by a fine of not more than two thousand five hundred dollars ($2,500) per violation per day or imprisonment for not more than (1 ) one year, or both. (2) In the event of a second conviction, the industrial user shall be punishable by a fine not to exceed five thousand dollars ($5,000) per violation per day or imprisonment for not more than (3) three years, or both. 11.4 Remedies Nonexclusive (1 ) A City Enforcement Response Plan will be developed by the Superintendent/Supervisor, in accordance with 40 CFR section 403.8 and submitted to the City Public Works Director for approval. The Superintendent/Supervisor will implement the plan after receiving approval from the City Attorney. (2) The remedies provided for in this ordinance are not exclusive. The Superintendent/Supervisor may take any, all, or any combination of these actions against a noncompliant industrial user. Enforcement of pretreatment violations will be in accordance with the City of Woodburn's Enforcement Response Plan, however, the Superintendent/Supervisor may take other action against any industrial user when the circumstances warrant. Further, the Superintendent/Supervisor is empowered to take more than one enforcement action against any noncompliant industrial user. SECTION 12 - SUPPLEMENTAL ENFORCEMENT ACTIONS 12.1 Performance Bonds The Superintendent/Supervisor may decline to reissue a permit to any Page- 63 - Council Bill No. 3060 Ordinance No. 2556 90 industrial user which has failed to comply with the provisions of this ordinance, any orders, or a previous permit issued hereunder unless such user first files a satisfactory bond, payable to the City, in a sum not to exceed a value determined by the Superintendent/Supervisor to be necessary to achieve consistent compliance. 12.2 Liability Insurance The Superintendent/Supervisor may decline to reissue a permit to any industrial user which has failed to comply with the provisions of this Ordinance, any orders, or a previous permit issued hereunder, unless the industrial user first submits proof that it has obtained financial assurance sufficient to restore or repair damage to the municipal wastewater system caused by its discharge. 12.3 Water Supply Severance When an industrial user has violated the provisions of this Ordinance, orders, or permits issued hereunder, water service to the industrial user may be severed by the City and service will only recommence, at the industrial user's expense, after it has satisfactorily demonstrated its ability to comply. 12.4 Public Nuisance Any violation of the prohibitions or effluent limitations of this Ordinance, permits, or orders issued hereunder is hereby declared a public nuisance and shall be corrected or abated as directed by the City Public Works Director or his designee. Any person(s) creating a public nuisance shall be subject to the provisions of the City Ordinance # 2338 governing such nuisance, including reimbursing the City for any costs incurred in removing, abating or remedying said nuisance. 12.5 Contractor Listing Subject to other applicable law, industrial users which have not achieved consistent compliance with applicable Pretreatment Standards and requirements are not eligible to receive contract awards for the sale of goods or services to the City. Page- 64 - Council Bill No. 3060 Ordinance No. 2556 91 SECTION 13 - AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS 13.1 Affirmative Defenses A user shall have an affirmative defense in any action brought against it alleging a violation of the general prohibitions, specific prohibitions and this Ordinance, where the user can demonstrate the requirements established in 40 CFR 403.5 (a)(2). 13.2 Upset (1 ) For the purpose of this section, "upset" means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. (2) An upset shall be an affirmative defense to an enforcement action brought for noncompliance with categorical Pretreatment Standards and requirement if the following conditions are met: (3) A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: A. The industrial user can identify the cause of the upset; B. The facility was operating in a prudent and workman-like manner at the time of the upset and was in compliance with applicable O&M procedures; and C. The industrial user submits the following information to the Superintendent/Supervisor within 24 hours of becoming aware of the upset. If this report is given orally, the user must also submit a written report containing such information within five (5) days unless waived by the Superintendent/Supervisor: i) A description of the discharge and its causes of Page- 65 - Council Bill No. 3060 Ordinance No. 2556 92 noncompliance; ii) The period of noncompliance including exact dates and time or, if not corrected, the anticipated time the noncompliance is expected to continue; iii) Steps being taken and/or planned to reduce, eliminate and prevent recurrence of the noncompliance. (4) In any enforcement proceeding, the industrial user seeking to establish the occurrence of an upset shall have burden of proof. (5) Industrial users will have the opportunity for judicial determination on any claim of upset only in an enforcement action for noncompliance with categorical pretreatment standards. (6) Industrial users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails. 13.3 General/Specific Prohibitions An industrial user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general and specific prohibitions in Section 2.1 first paragraph of this Ordinance or the specific prohibitions in Sections 2.1 (2-3), (5-11 ), (13-20) of this ordinance if it can prove that it did not know or have reasons to know that its discharge, alone or in conjunction with discharges from other sources would cause pass through or cause interference and that either: (a) a local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to and during the pass through or interference, or (b) no local limit exists, but the discharge did not change substantially in nature or constituents from the industrial user's prior discharge when the City was regularly in compliance with its NPDES permit, and in the case of interference, in compliance with applicable sludge use or disposal requirements. Page- 66 - Council Bill No. 3060 Ordinance No. 2556 93 13.4 Bypass (1 ) For the purposes of this section, A. "Bypass" means the intentional diversion of waste streams from any portion of a user's treatment facility. B. "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. (2) A user may allow any bypass to occur which does not cause Pretreatment Standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of paragraphs A, B and C of this section. A. If a user knows in advance of the need for a bypass, it shall submit prior notice to the Superintendent/Supervisor, at least ten (10) days before the date of the bypass, if possible. B. A user shall submit oral notice to the Superintendent/Supervisor of an unanticipated bypass that exceeds applicable Pretreatment Standards within twenty-four (24) hours from the time it becomes aware of the bypass. A written submission shall also be provided within five (5) days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The Superintendent/Supervisor may waive the written report on a case-by-case basis if the oral report has been received within twenty-four (24) hours. C. Bypass is prohibited, and the Superintendent/Supervisor may take an enforcement action against a user for bypass, unless i) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; Page- 67 - Council Bill No. 3060 Ordinance No. 2556 94 ii) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated waste, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and iii) The user submitted notices required under section 13.2 (3) paragraph C. D. The Superintendent/Supervisor may approve an anticipated bypass, after considering its adverse effects, if the Superintendent/Supervisor determines that it will meet the three conditions listed in section 13.4 (2) paragraph C of this section. SECTION 14 - MISCELLANEOUS PROVISIONS 14.1 Pretreatment Charges and Fees The City may adopt reasonable charges and fees for reimbursement of costs of setting up and operating the City's Pretreatment Program which may include: (1 ) Fees for permit applications including the cost of processing such applications; (2) Fees for monitoring, inspection and surveillance procedures including the cost of reviewing monitoring reports submitted by industrial users; (3) Fees for reviewing and responding to accidental discharge procedures and construction; (4) Fees for filing appeals; (5) Other fees as the City may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this Ordinance and are separate from all other fees, fines and penalties chargeable by the City. Page- 68 - Council Bill No. 3060 Ordinance No. 2556 95 14.2 Severability If any provision of this Ordinance is invalidated by any court of competent jurisdiction, the remaining provisions shall not be affected and shall continue in full force and effect. 14.3 Conflicts with other Ordinances To the extent that an inconsistency exists between the terms of this ordinance and another existing ordinance, this ordinance shall be deemed to preempt the other ordinance and the terms of this Ordinance shall control. SECTION 15 - Repeal of Prior Ordinance Ordinance 2176 is repealed and replaced by this Ordinance. 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- 69 - Council Bill No. 3060 Ordinance No. 2556 96 �'I'1�r I Iii♦ r} Y 9M& Its BU March 26, 2018 TO: Honorable Mayor and City Council through the City Administrator FROM: Sandra Montoya, Finance Director SUBJECT: Authorized Signers on the City's Bank and Investment Accounts RECOMMENDATION: Approve the attached resolution authorizing signers on the City's bank and investment accounts. BACKGROUND: Resolution 2088 was approved on October 10, 2016, to update authorized signers on the City's bank and Local Government Investment Pool accounts. On January 22, 2018, Council adopted the FY 2018-19 Financial Plan, which includes a new policy on investments (Section 16). In order to implement the investment policy it is necessary to establish agreements with dealers/brokers, safekeepers, banks, etc. As Resolution 2088 lists financial institutions by name, an updated resolution is needed to provide general authority for banking and investments by position titles. This update will facilitate the administration of the City's banking and investment activities. DISCUSSION: The authorizing resolution will be provided to bank and investment partners. FINANCIAL IMPACT: New contracts for banking/investments will have a cost which will be offset by investment earnings. Agenda Item Review: City Administrator_x City Attorney_x Finance—x- 97 COUNCIL BILL NO. 3061 RESOLUTION NO. 2112 A RESOLUTION DESIGNATING AUTHORIZED OFFICIALS TO SIGN ON BANK AND INVESTMENT ACCOUNTS WHEREAS, City of Woodburn Resolution 2088 was approved on October 10, 2016, giving certain City officials specific authorizations related to the City's bank and investment accounts; and WHEREAS, City Council wishes to update the authorized positions and account categories; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That a minimum of two of the following signatures is required on City of Woodburn bank and investment accounts to establish, close, and modify service levels: City Administrator Assistant City Administrator Finance Director Assistant Finance Director 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 Page 1 - Council Bill No. 3061 Resolution No. 2112 98 DBU March 26, 2018 TO: Honorable Mayor and City Council FROM: Eric Liljequist, Public Works Director SUBJECT: Updated 1-5 Bridge Overpass Lighting Calendar RECOMMENDATION: Adopt the attached resolution establishing the updated annual 1-5 Bridge Overpass Lighting Calendar. BACKGROUND: The City Council approved the 1-5 bridge overpass lighting system that was implemented as part of the 1-5 Gateway Design Package to enhance the aesthetics of the new bridge. The lighting patterns and colors are an integral part of the overpass lighting system. DISCUSSION: On April 24, 2017, the City Council adopted the first yearly lighting scheme calendar, which includes regularly occurring events and holidays and their corresponding lighting configurations. The proposed overpass lighting calendar covers calendar year 2018. Going forward, the annual calendar will replicate each succeeding year, although the actual calendar dates may change from year to year for specified holidays and events. It is anticipated that the City will continue to receive occasional requests to display specific color schemes in recognition of events/causes not included in the attached calendar. Requests received in that manner will be evaluated and approved by the Mayor. FINANCIAL IMPACT: There is no financial impact related to this resolution. Agenda Item Review: City Administrator_x_ City Attorney_x_ Finance—x- 99 COUNCIL BILL NO. 3062 RESOLUTION NO. 2113 A RESOLUTION PROVIDING DESIGNATION OF AN 1-5 INTERCHANGE BRIDGE OVERPASS LIGHTING CALENDAR FOR 2018 WHEREAS, City of Woodburn Council approved the 1-5 bridge overpass lighting system that was implemented as part of the 1-5 Gateway Design Package to enhance the aesthetics of the new bridge; and WHEREAS, on April 24, 2017, the City Council approved the first yearly calendar of the different lighting schemes for specified time periods, including recognition of certain events and holidays that would allow effective implementation of the approved overpass lighting configurations; and WHEREAS, the 1-5 Bridge Lighting Calendar has been updated for 2018; and WHEREAS, the annual calendar will replicate each succeeding year, with adjustments for specified holidays and events; and WHEREAS, additional overpass lighting requests for dates not otherwise specified would be approved by the Mayor; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City Council approves the attached 2018 1-5 Bridge Overpass Lighting Calendar. Section 2. Additional overpass lighting requests for dates not otherwise specified would be approved by the Mayor. Approved as to Form: City Attorney Date APPROVED: Kathryn Figley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Page 1 - COUNCIL BILL NO. 3062 RESOLUTION NO. 2113 100 Filed in the Office of the Recorder ATTEST: Heather Pierson, City Recorder City of Woodburn, Oregon Page 2- COUNCIL BILL NO. 3062 RESOLUTION NO. 2113 101 January 2018 February 2018 — January 2018Su Mo Tu We _ Th Fr Sa Su Mo Tu We Th Fr Sa 1'---2-3 4 5 6 1 2 3 7 8 9 10 11 12 13 4 5 6 7 8 9 10 14 15 16 17 18 19 20 11 12 13 14 15 16 17 21 22 23 24 25 26 27 18 19 20 21 22 23 24 28 29 30 31 25 26 27 28 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Dec 31 Jan 1, 18 2 3 4 5 6 _ .... _ _ New.Y.ears.MuitLC4lor Phasing_...... _ ..... _ _........... _ .w...._. _... 7 8 9 10 11 12 13 _ _......_.New.Years.-Multi.Co.lor.Ph.asing 14 15 16 17 18 19 20 21 22 23 24 25 26 27 lw ____ _..._....... _ _ ......_._------ ......_....._ _. _. ._....w ._._ _.... _.___. ............. 28 29 30 31 Feb 1 2 3 _. _ . _.....Mu.lti.._Co1,_tPhasi-m .. .............._.... ._.._. ...__._. . _ Linda Major 1 3/19/2018 9:26 AM 102 February 2018 February 2018 March 2018 Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 3 — 1 2 3 4 5 6 7 8 9 10 4 5 6 7 8 9 10 11 12 13 14 15 16 17 11 12 13 14 15 16 17 18 19 20 21 22 23 24 18 19 20 21 22 23 24 25 26 27 28 25 26 27 28 29 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Jan 28 29 30 31 Feb 1 2 3 ,. ._ Multi Color Phasing _....._,_,. 4 5 6 7 8 9 10 Multi Color Phasmg_ ` �. 11 12 13 14 15 16 17 „. i 18 19 20 21 22 23 24 , /. / �i i.%,, i//r � ./ .✓. i e � /,. /i; ,. r, ,ii /„ a ./. � /, //.///// ,,/ �.,i/. //,� ,,,.�//l� i�. ,�/c,��i�li�//��./i.//��, /„�,///„/,, /,iii/��//,ii,iii,//i�,�//,,,,,p/.✓�,,,,ir�iii/�/1,,,,�/../i�„////�//r//i iii/G„�//l/i//%�/i/�/////L„ , rn,,. � ,,,/,,,i//,...�.c.. i. �.. 25 2627 28 Mar 1 2 3 ': ....... -------- _J_ __ �wNi.ultL CoIQr P.k1Ir 4L......._. 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"�.-,._! ,,,; ,r�,r r//rcrir�/„/,ri /„>,:,� ,,,,,ir,,,i,,, ,,, ,,,,r,,,,r,,, �.....�.... ��:� ��' ��.t��,llii 18 19 20 21 22 23 24 r �e%//%� „ir/„irrGr , r IN/, %/� 25 26 27 28 29 30 31 %/i ,., , , /�, ///i�li/.i//%///„////l%/i/////ti/� %//,/i//i r////////,///////%I,��,✓/ / ,fes l Linda Major 3 3/19/2018 9:26 AM 104 April April 2018 — — May 2018 — Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 7 1 2 3 4 5 8 9 10 11 12 13 14 6 7 8 9 10 11 12 15 16 17 18 19 20 21 13 14 15 16 17 18 19 22 23 24 25 26 27 28 20 21 22 23 24 25 26 29 30 27 28 29 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Apr 1 2 3 4 5 6 7 r 8 9 1011 12 13 14 National Telecommuni.cator Week-Yellow/Gold 15 16 17 18 19 20 21 National Tele�ommunlca,�� e . o g r. teL 22 23 24 25 26 27 28 r ,rr r 29 30 May 1 2 3 4 5 Linda Major 4 3/19/2018 9:26 AM 105 �� Z May 2018 June 2018 Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 3 4 5 1 2 6 7 8 9 10 11 12 3 4 5 6 7 8 9 13 14 15 16 17 18 19 10 11 12 13 14 15 16 20 21 22 23 24 25 26 17 18 19 20 21 22 23 27 28 29 30 31 24 25 26 27 28 29 30 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Apr 29 30 May 1 2 3 4 5 6 7 8 9 10 11 12 _, 13 14 15 16 17 18 19 Cti�rLF' li !s 20 21 22 23 24 25 26 r ,,,/„r /�//i//i,✓,i,///,,,/�/,/i iio/i�o�ii/ ,�%i% 27 28 29 30 31 Jun 1 2 a W. Linda Major 5 3/19/2018 9:26 AM 106 2018 June 2018 June 2018 July Su Mo Tu We Th Fr Sa Su Mo Tu Wee Th Fr Sa 1 2 1 2 3 4 5 6 7 3 4 5 6 7 8 9 8 9 10 11 12 13 14 10 11 12 13 14 15 16 15 16 17 18 19 20 21 17 18 19 20 21 22 23 22 23 24 25 26 27 28 24 25 26 27 28 29 30 29 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY May 27 28 29 30 31 Jun 1 2 3 4 5 6 7 8 9 �. 10 11 12 13 14 15 16 BE=. •w d FIaa 17 18 19 20 21 22 23 "10,A/Ma 24 25 26 27 28 29 30 Linda Major 6 3/19/2018 9:26 AM 107 July 7 _.... Judy August 2018 Su Mo Tu Wea Th Fr Sa Su Mo Tu We Th Fr Sa — _._---- —.._._.—......1 2 3._.._—..— 3-- 1 2 3 4 5 6 7 4 8 9 10 11 12 13 14 5 6 7 8 9 10 11 15 16 17 18 19 20 21 12 13 14 15 16 17 18 22 23 24 25 26 27 28 19 20 21 22 23 24 25 29 30 31 26 27 28 29 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Jul 1 2 3 4 5 6 7 s r ro. 8 9 10 11 12 13 14 airnrrier Skip 15 16 17 18 19 20 21 22 23 24 25 26 27 28 al/M" IN/215 ...„ 29 30 31 Aug 1 2 3 4 Linda Major 7 3/19/2018 9:26 AM 108 August — August 2018 September 2018 Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 3 4 --- - -1 5 6 7 8 9 10 11 2 3 4 5 6 7 8 12 13 14 15 16 17 18 9 10 11 12 13 14 15 19 20 21 22 23 24 25 16 17 18 19 20 21 22 26 27 28 29 30 31 23 24 25 26 27 28 29 30 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Jul 29 30 31 Aug 1 2 3 4 '777 5 6 7 8 9 10AL 11 12 13 14 15 16 17 18 ._ ... _ Multi Color.Phasinq 19 20 21 22 23 24 25 _ .. ... _..... _.. _ ....... _.w _.. ... _...... . .... . _ -. 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Multi.Color Phaslnq.... .... _.w. _.. .... _ Linda Major 8 3/19/2018 9:26 AM 109 September 2 018 September 2018 October 2018 Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa — —-.—__.__... _- — — .� —... --- 1 1 2 3 4 5 6 2 3 4 5 6 7 8 7 8 9 10 11 12 13 9 10 11 12 13 14 15 14 15 16 17 18 19 20 16 17 18 19 20 21 22 21 22 23 24 25 26 27 23 24 25 26 27 28 29 28 29 30 31 30 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Aug 26 27 28 29 30 31 Sep1 ,mm om ^ m 2 3 4 5 6 7 8 so= RIESIMEMM mm 9 10 11 12 13 14 15 ...I.1.f r.F.SC.I.'L. .„ �bh = 16 17 18 19 120 21 22 r /,/ __m..., �ww.�- E 1 x ............. 23 24 25 26 27 28 29 G / / 30 Oct 1 2 3 4 5 6 Linda Major 9 3/19/2018 9:26 AM 110 �� October 2018 November 2018 Su Mo Tu We T_h Fr Sa Su.,-,.Mo—Tu We Th Fr Sa 1 2 3 4 5 6 - - ��- 1 2 3 7 8 9 10 11 12 13 4 5 6 7 8 9 10 14 15 16 17 18 19 20 11 12 13 14 15 16 17 21 22 23 24 25 26 27 18 19 20 21 22 23 24 28 29 30 31 25 26 27 28 29 30 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Sep 30 Oct 1 2 3 4 5 6 7 8 9 10 11 12 13 ORMSEEMEMEM OEM 14 15 16 17 18 19 20 MEMSEENNINEEN . ®. 21 22 23 24 25 26 27 28 29 30 31 Nov 1 2 3 Linda Major 10 3/19/2018 9:26 AM 111 November 2018 De:ember 2018 November 2018 Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 11 12 13 14 15 16 17 9 10 11 12 13 14 15 18 19 20 21 22 23 24 16 17 18 19 20 21 22 25 26 27 28 29 30 23 24 25 26 27 28 29 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Oct 28 29 30 31 Nov 1 2 JMarine Corps 11 12 13 14 1,15 J 16 17 MEN 18 19 21 22 23 4 20 25 26 27 28 29 30 Dec 1 Linda Major 11 3/19/20189:26AM 112 December 0►18 December 2018 January 2019 Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 1 2 3 4 5 2 3 4 5 6 7 8 6 7 8 9 10 11 12 9 10 11 12 13 14 15 13 14 15 16 17 18 19 16 17 18 19 20 21 22 20 21 22 23 24 25 26 23 24 25 26 27 28 29 27 28 29 30 31 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Nov 25 26 27 28 29 30 Dec 1 2 3 4 5 6 7 8 Iii I J ht� 1 _ 9 10 11 12 13 14 15 16 17 18 19 20 21 22 oloomoloommom 0 Ka TOM re I RE 0-1-THME I'm 23 24 25 26 27 28 29 • _..._._, Now Years»_Multi Color Phasi.nq.__ 30 31 Jan 1, 19 2 3 4 5 ........... _.New_Years...M,ulti C41or Ph. sinq _ Linda Major 12 3/19/2018 9:26 AM 113 �'I'1�r I Iii♦ r} B V' March 26, 2018 TO: Mayor and City Council through City Administrator FROM: James C. Ferraris, Chief of Police SUBJECT: ORS 190 Agreement with Cities of Hubbard, Mt. Angel, and Silverton for Police Mobile Data System and Records Management System; Cities of Stayton, Turner and Aumsville for Police Mobile Data System; and Woodburn and Mt. Angel Fire Districts for Fire Mobile Data System. RECOMMENDATION: Authorize the City Administrator to sign ORS 190 agreements with the cities of Hubbard, Mt. Angel, and Silverton to provide Records Management System and Police Mobile Data System; the cities of Stayton, Turner and Aumsville to provide Police Mobile Data System; and the Woodburn and Mt. Angel Fire Districts to provide Fire Mobile Data System. BACKGROUND: The Woodburn Police Department operates a multi-user mobile data system (MDS), and records management system (RMS) which allows simultaneous access by more than one agency. The Woodburn Police Department has offered this system to our partner agencies in Marion County since 2002. The sharing of our system provides the following benefits: • City of Woodburn can recoup a portion of the cost of annual system operation and maintenance. • Quality mobile data and records management systems to other cities at a reduced cost. • Improved police operations through enhanced communication and the sharing of records and information. • Improved police operations through enhanced communication with fire personnel on multiple response incidents. Agenda Item Review: City Administrator_x City Attorney_x_ Finance_x- 114 Mayor and City Council March 26, 2018 Page 2 DISCUSSION: Currently, Hubbard, Silverton, Stayton, Turner and Mt. Angel Police Departments participate in the Police MDS system. Hubbard, Silverton, and Mt. Angel also participate in the RMS system. Woodburn Fire District participate in the Fire MDS system. The time has come to renew the RMS/MDS agreements for the participating cities, as well as a new ORS 190 for Aumsville Police Department to participate in the Police MDS and Mt. Angel Fire District to participate in the Fire MDS system. The charges to the cities relate to the use of software licenses owned by the City of Woodburn, staff support, system maintenance, and charges for Standard Software Maintenance agreements. The agreements have been reviewed for current language and future cost assessments. FINANCIAL IMPACT: The cities will contribute to the annual system maintenance costs in accordance with Addendum "A" of the agreement. Existing costs are already accounted for within the budget of the Police and Information Services Departments. 115 INTERGOVERNMENTAL AGREEMENT FOR POLICE RECORDS MANAGEMENT SYSTEM & MOBILE DATA SYSTEM SERVICES THIS intergovernmental Agreement for Police Records Management System Services ("IGA"), entered into between the City of Woodburn, an Oregon municipal corporation (the "City'), and the City of Hubbard, an Oregon municipal corporation acting by and through its Police Department, (the "Department"), is made pursuant to ORS 140.010 (Cooperative Agreements). WHEREAS, the purpose of this IGA is to establish the terms and conditions under which the City will provide a police Records Management System ("RMS") and Mobile Data System ("MDS") (the "Systems") for use by the Department; NOW THEREFORE, the Parties agree as follows: 1 . Services. 1 .1 . Systems. The City shall maintain the Systems and make them available for use by the Department. The Systems will provide a user generated law enforcement records database, and mobile data system, with message switching to the Oregon Law Enforcement Data System (LEDS). 1 .2. Data Processing Services. In addition to any standard data processing services agreed to in any other agreement between the Parties, the following standard data processing services shall also be provided by the City under the terms of this IGA: 1.2.1 . Full time (24 hour, 7 days a week) operation and support for servers and software, and maintenance of backup and archival data storage media according to Woodburn Police Department standard procedures, and access to CAD and LEDS message switching facilities; all of which is subject to reasonable downtime for routine maintenance, support, and emergency repairs. 1.2.2. Record information entered into the RMS shall be retained online for a minimum of five years unless altered or deleted by the Department or ordered to be altered, sealed, or deleted by a court of competent jurisdiction. 1.2.3. Current manuals and other necessary documentation, POLICE RMS & MDS SERVICES IGA - Page 1 of 8 (HUBBARD) 116 protocols, and procedures will be provided. 1.2.4. Upon request, but no more than once a quarter, a meeting with the Department to participate in a records management user group. 2. Conditions of Services. 2.1 Department Equipment Requirements. The Department shall provide and maintain desktop computers, printers, controllers, mobile data computers, all required desktop and mobile software, all telecommunication lines and related equipment, and any other equipment for access to the Systems. All ownership rights to said equipment shall remain with the Department. 2.2 Records Ownership. Ownership of all records information entered into the system by the Department remain with the Department. 2.3 Security Standards. 2.3.1 The City shall provide adequate system and data security for the Systems in accordance with requirements of the FBI Criminal Justice Information Services Security Policy. 2.3.2 The City shall have no responsibility or obligation with respect to access by individual members of the Department except to allow access to the Systems upon use of passwords and procedures adopted in accordance with provisions herein. 2.3.3 The City shall have no responsibility or obligation to verify the identity or authority of any individual member of the Department using the Systems who has used appropriate passwords and procedures to gain access to the Systems. 2.3.4 The Department shall be exclusively responsible for the protection and security of terminal equipment located in their facility or vehicles. 2.4 Updated/New 5 stem Modules. 2.4.1 The Department may be offered new software or system modules as they become available and agreed to be purchased by the City. Neither Party shall have any responsibility or obligation with respect to the purchasing of new module(s). POLICE RMS & MDS SERVICES IGA - Page 2 of 8 (HUBBARD)__-- 117 3. Compensation. 3.1. Fees & Charges. The Department shall pay the City the fees and charges for usage of the Systems and services provided under this Agreement as reflected in Exhibit A. 3.2. fees & Charges for New System Modules. Fees and charges for any new modules will be based on an actual cost pricing model. 3.3. Billin . The fees and annual charges shall be due from the Department to the City in equal quarterly installments commencing on July 1, 2017. Any additional fees and charges for new modules shall be due thirty (30) days after their installation is completed. 4. Term & Termination. 4.1 . Term. The term of this IGA begins on July 1, 2017 and ends on June 30, 2020 (the "Term"), unless earlier terminated in accordance with the provisions of Subsection 4.2. 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 . 4.2.3. Department's Right to Terminate Upon Proper Notice. The Department may terminate this IGA, upon written notice being given to the City not later than March 1 st of each year, with the effective date of termination then falling on June 30th of that same year. Notwithstanding the giving of notice of termination, the Department shall remain obligated with respect to any unfulfilled financial obligation which accrued hereunder prior to the effective date of such termination. 4.2.4. City's Right to Terminate. The City may terminate this IGA, effective upon delivery of written notice to the Department or at such later date as may be established under any of the following conditions: POLICE RMS & MDS SERVICES IGA - Wage 3 of 8 (HUBBARD) 118 (a) If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this IGA. (b) If any license or certificate required by law or regulation to be held by the City to provide the services required by this IGA is for any reason denied, revoked, or not renewed. (c) if the Department 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 fhe City, or such longer period as the City may specify. 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, regulations in the performance of this IGA. 7. Limitations on Liability. 7.1 The City assumes no liability for the accuracy of any data entered by the Department in the Systems, nor errors in data transmission over an internet system or telephone lines. The City represents and warrants only that it will use its best efforts to maintain a database of information exactly as entered, modified, or deleted by those data entry signals which reach its modem. 7.2 The Department agrees, to the extent it may under the Constitution and laws of Oregon, to indemnify, defend, and hold the City, its officers, employees, and agents harmless from any and all claims arising out of the intentional, reckless, or negligent acts, errors, or omissions of the Department or those for whose acts it may be held liable under ORS 30.265, in connection with the Department's use of the Systems or caused by any condition or circumstance for which liability is expressly disclaimed or limited by the City under any provision of this IGA. The POLICE RMS & MDS SERVICES IGA - Page 4 of 8 (HUBBARD) 119 Department's liability arising out of contribution or indemnity shall not exceed the limits provided by ORS 30.270, if applicable to the asserted claim. 7.3 The City agrees, to the extent it may under the Constitution and laws of Oregon, to indemnify, defend, and hold the Department, its officers, employees, and agents harmless from any and all claims arising out of the intentional, reckless, or negligent acts, errors or omissions of the City or those for whose acts it may be held liable under ORS 30.265, save and except any claim for which the City has expressly disclaimed or limited its liability hereunder, to the extent of such disclaimer or limitation; and further provided that with respect to any single claim or occurrence, the City's liability arising out of contribution or indemnity shall not exceed the limits provided by ORS 30.270, if applicable to the asserted claim. 7.4 Each party shall insure or self-insure and be independently responsible for the risk of its own liability for claims within the scope of the Oregon tort claims act (ORS 30.260 to 30.300). 8_ 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: 8.1 For City. City of Woodburn Police Department, Aft n: Chief of Police, 1060 Mt. Hood Ave, Woodburn, Oregon 97071 . 8.2 For Department. City of Hubbard Police Department, Attn: Chief of Police, 3720 2nd St, Hubbard, OR 97032. 9. Assignments; Successors and Assigns. Neither Party shall assign or transfer any of its interest in this IGA without the written consent of the other Party, such consent not f be unreasonably withheld. The provisions of this IGA shall be binding upon and shall inure to the benefit of the Parties hereto, and their respective successors and permitted assigns, if any. 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. POLICE RMS & MDS SERVICES IGA - Page 5 of 8 f HUBBARDI 120 11 , Records. Each Party shall retain all its records relafing to this IGA and projects/activities carried out under this IGA for a period of six years following expiration or termination of this IGA. 12. Governing Law. This IGA is governed by and will be construed in accordance with the laws of the State of Oregon. 13. 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. 14, Mer-ger Clause; Waiver. This IGA constitute 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 failure of the City to enforce any provision of this IGA shall not constitute a waiver by the City of f hat or any other provision. The Parties execute this IGA effective as of the last date of signature specified below. CITY OF WOODBURN, HUBBARD POLICE DEPARTMENT an Oregon municipal corporation an Oregon municipal corporation Scott Derickson, City Administrator Date Date POLICE RMS & MIDS SERVICES IGA - Page 6 of 8 (HUBBARD) 121 POLICE RMS & MDS SERVICES IGA - Page 7 of 8 ( UBBARDI 122 EXHIBIT A Agency 2017-18 2018-19 2019-20 Papulation %Share Hubbard PD 3,173 7.98% $12,157 $12,358 $12,565 The above projected fees for fiscal year 2018-19 and 2019-20 are calculated on a 3 % increase per year. Given the City's contracts with Tyler are renegotiated yearly, the City may increase fees in 2018-1 and / or 2019- 20 up to 5% instead of 3% if the Tyler no longer uses the City's services. POLICE RMS & MDS SERVICES IGA - EXHIBIT A (DEPARTMENT) Page 8 of 8 123 INTERGOVERNMENTAL AGREEMENT FOR POLICE RECORDS MANAGEMENT SYSTEM & MOBILE DATA SYSTEM SERVICES THIS Intergovernmental Agreement for Police Records Management System Services ("IGA"), entered into between the City of Woodburn, an Oregon municipal corporation (the "Cily"), and the City of felt Angel Police Department, a unit o tthe City of Mt Angel (the "Department"), is made pursuant to ORS 190.010 (Cooperative Agreements). WHEREAS, the purpose of this IGA is to establish the terms and conditions under which the City will provide a police Records Management System ("RMS") and Mobile Data System ("MDS") (the "Systems") for use by the Department; NOW THEREFORE, the Parties agree as follows: 1 . Services. 1 .1. Systems. The City shall maintain the Systems and make them available for use by the Department. The Systems will provide a user generated: low enforcement records database, and mobile data system, with message switching to the Oregon Law Enforcement Data System (LEDS). 1.2_ Data Processing Services. In addition to any standard data ,c „ ,. processing services agreed to in any other agreement between the Parties, the following standard data processing services shall also be provided by the City under the terms of this IGA-- 1.2.1. GA:1.2.1. Full time (24 hour, 7 days a week) operation and support for servers and software, and maintenance of backup and archival data storage media according to Woodburn Police Department standard procedures, and access to CAD and LEDS message switching facilities; all of which is subject to reasonable downtime for routine maintenance, support, and emergency repairs. 1.2.2. Record information entered into the RMS shall be retained online for a minimum of five years unless altered or deleted by the Department or ordered to be altered, sealed, or deleted by a court of competent jurisdiction. 1.2.3. Current manuals and other necessary documentation, protocols, and procedures will be provided. POLICE RMS & MDS SERVICES IGA- Page 7 of 7 1 DEPARTMENT) 124 1.2.4. Upon request, but no more than once a quarter, a meeting with the Department to participate in a records management user grou p. 2. Conditions of Services. 2.1 Department Equipment Re uirements. The Department shall provide and maintain desktop computers, printers, controllers, mobile data computers, all required desktop and mobile software, all telecommunication lines and related equipment, and any other equipment for access to the Systems. All ownership rights tosaid equipment shall remain with the Department. 2.2 Records Ownership. Ownership of all records information entered into the system by the Department remain with the Department. 2.3 Security Standards. 2.3.1 The City shall provide adequate system and data security for the Systems in accordance with requirements of the FBI Criminal Justice Information Services Security Policy. 2.3.2 The City shall have no responsibility or obligation with respect to access by individual members of the Department except to allow access to the Systems upon use of passwords and procedures adopted in accordance with provisions herein. 2.3.3 The City shall have no responsibility or obligation to verify the identity or authority of any individual member of the Department using the Systems who has used appropriate passwords and procedures to gain access to the Systems. 2.3.4 The Department shall be exclusively responsible for the protection and security of terminal equipment located in their facility or vehicles. 2.4 U dafed New S stem Modules. 2.4.t The Department may be offered new software or system modules as they become available and agreed to be purchased by the City. The City shall have no responsibility or obligation with respect to the purchasing of new modules). POLICE RMS &, MIDS SERVICES IGA- Page 2 of 7 (DEPARTMENTS 125 3. Compensation. 3.1. Fees & Charges. The Department shall pay the City certain fees and charges for usage of the Systems and services provided. (rates for fees and charges reflected in Exhibit A). 3.2. Fees & Char es for New System Modules. Fees and charges for any new modules will also be based on an actual cost pricing model. 3.3. Billing. The fees and annual charges amount shall be due from the Department to the City in equal quarterly installments commencing on July 1, 2017. Any additional fees and charges for new modules shall be due thirty (30) days after their installation is completed. 4. Term &Termination. 4.1 . Term. The term of this IGA begins on July 1, 2017 and ends on June 30, 2020 (the 'Term"), unless earlier terminated in accordance with the provisions of Subsection 4.2. 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. 4.2.3. Department's-Right to Terminate Upon Proper Notice. The Department may terminate this IGA, upon written notice being given to the City not later than March 1 st of each year, with the effective date of termination then failing on June 30th of that some year. Notwithstanding the giving of notice of termination, the Department shall remain obligated with respect to any unfulfilled financial obligation which accrued hereunder prior to the effective date of such termination. 4.2.4. City's bight to Terminate- The City may terminate this IGA, effective upon delivery of written notice to the Department or at such later date as may be established under any of the following conditions: POLIO RMS & MDS SERVICES IGA- Poge 3 of 7 (DEPARTMENT) 126 (a) If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this IGA. {b) if any license or certificate required by law or regulation to be held by the City to provide the services required by this IGA is for any reason denied, revoked, or not renewed. (c) If the Department 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 City, or such longer period as the City may specify. 5. Compliance with A licable 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 ]GA. 6. Nondiscrimination. The Parties agree to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules, regulations in the performance of this IGA. 7. Limitations on Liability. 7.1 The City assumes no liability for the accuracy of any data entered by the Department in the Systerns, nor errors in data transmission over an internet system or telephone lines. The City represents and warrants only that it vAl use its best efforts to maintain a database of information exactly as entered, modified, or deleted by those data entry signals which reach its modem. 7.2 The Department agrees, to the extent it may under the Constitution and laws of Oregon, to indemnify, defend, and hold the City, its officers, employees, and agents harmless from any and all claims arising out of the intentional, reckless, or negligent acts, errors, or omissions of the Department or those for whose acts it may be held liable under ORS 34.265, or out of connection with the Department's use of the Systems and caused by any condition or circumstance for which liability is expressly disclaimed or limited by the City under any provision of this IGA. POLICE RMS & MDS SERVICES IGA - page 4 or 7 dEPARTMENT 127 7.3 The City agrees, to the extent it may under the Constitution and laws of Oregon, to indemnify, defend, and hold the Department, its officers, employees, and agents harmless from any and all claims arising out of the intentional, reckless, or negligent acts, errors or omissions of the City or those for whose acts it may be held liable under ORS 30.265, save and except any claim for which the City has expressly disclaimed or limited its liability hereunder, to the extent of such disclaimer or limitation; and further provided that with respect to any single claim or occurrence, the City's liability arising out of contribution or indemnity shall not exceed the limits provided by ORS 30.270, if applicable to the asserted claim. 7.4 Each party shall insure or self-insure and be independently responsible for the risk of its own liability for claims within the scope of the Oregon tort claims act (ORS 30.2601 to 30.300). 8. Notices. Any Notice provided for or concerning this lGA 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: 8.1 For City. City of Woodburn Police Department, Attn: Chief of Police, 10150 Mt_ Hood Ave, Woodburn, Oregon 97€771 . 8.2 For De artment. City of Mt_ Angel Police Department, Attn. Chief of Police, 5 N Garfield St, Mt Angel, Oregon 97362. 9. Assi nments, Successors and Assigns. Neither Party shall assign or transfer any of its interest in this IGA without the written consent of the other Party, such consent not to be unreasonably wifhheld. The provisions of this IGA shall be binding upon and shall inure to the benefit of the Parties hereto, and their respective successors and permitted assigns, if any. 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 entify other than the signatories to this IGA any rights, remedies or other benefits under or by reason of this IGA. 11 Records. Each Party shall retain all its records relating to this IGA and projects/activities carried out under this IGA for a period of six years following expiration or termination of this iGA. POLIO R,'v4S & MDS SERVICES IGA - Page 5 of 7 _-{-DEPARTMENT) 128 12. Governing Law. This IGA is governed by and will be construed in accordance with the laws of the State of Oregon. 13. 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 shail 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. 14. Merger Clause, Waiver. This IGA constitute 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 failure of the City to enforce any provision of this IGA shall not constitute a waiver by the City of that or any other provision. The Parties execute this IGA effective as of the last date of signature specified below. CITY OF WOODBURN, Mt Angel Police Department an Oregon municipal corporation an Oregon municipal corporation Scoff Derickson, City Administrator — v 7 Date Date POLICE RMS & M©S SERVICES IGA- Page 6 of 7 T(DEPARTMENT1 129 EXHIBIT A Agency 2017-18 2018-19 2019-20 Population %Share Mt Angel 8,286 826 $12,590 $12,798 $13,022 The above projected fees for fiscal year 2018-19 and 2019-20 are calculated on a 3 % increase per year. Given our Contracts with Tyler are renegotiated yearly, there is a possibility of up to a 5% increase in fees, subject to the provisions in Section 3-3. POLICE RMS &R MDS SERVICES IGA - EXHIBIT A DEPARTMENT Page 7 of 7 130 INTERGOVERNMENTAL AGREEMENT FOR POLICE RECORDS MANAGEMENT SYSTEM & MOBILE DATA SYSTEM SERVICES THIS Intergovernmental Agreement for Police Records Management System Services ("IGA"), entered into between the City of Woodburn, an Oregon municipal corporation (the "City"), and the City of Silverton Police Department, a unit of the City of Silverton (the "Department"), is made pursuant to ORS 190.010 (Cooperative Agreements). WHEREAS, the purpose of this IGA is to establish the terms and conditions under which the City will provide a police Records Management System ("RMS") and Mobile Data System ("MDS") (the "Systems'') for use by the Department; NOW THEREFORE, the Parties agree as follows: 1 . Services. 1 .1 . Systems. The City shall maintain the Systems and make them available for use by the Department. The Systems will provide a user generated law enforcement records database, and mobile data system, with message switching to the Oregon Law Enforcement Data System (LEDS). 1 .2. Data Processing Services. In addition to any standard data processing services agreed to in any other agreement between the Parties, the following standard data processing services shall also be provided by the City under the terms of this IGA: 1 .2.1 . Full time (24 hour, 7 days a week) Data Processing Services operation and support for servers and software, and maintenance of backup and archival data storage media according to Woodburn Police Department standard procedures, and access to CAD and LEDS message switching facilities; all of which is subject to reasonable downtime for routine maintenance, support, and emergency repairs. 1 .2.2. Record information entered into the RMS shall be retained online for a minimum of five years unless altered or deleted by the Department or ordered to be altered, sealed, or deleted by a court of competent jurisdiction. 1 .2.3. Current manuals and other necessary documentation, POLICE RMS & MDS SERVICES IGA Page 1 of 7 131 protocols, and procedures will be provided. 1 .2.4. Upon request, but no more than once a quarter, a meeting with the Department to participate in a records management user group. 2. Conditions of Services. 2.1 Department Equipment Requirements. The Department shall provide and maintain desktop computers, printers, controllers, mobile data computers, all required desktop and mobile software, all telecommunication lines and related equipment, and any other equipment for access to the Systems. All ownership rights tosaid equipment shall remain with the Department. 2.2 Records Ownership. Ownership of all records information entered into the system by the Department remain with the Department. 2.3 Security Standards. 2.3.1 The City shall provide adequate system and data security for the Systems in accordance with requirements of the FBI Criminal Justice Information Services Security Policy. 2.3.2 The City shall have no responsibility or obligation with respect to access by individual members of the Department except to allow access to the Systems upon use of passwords and procedures adopted in accordance with provisions herein. 2.3.3 The City shall have no responsibility or obligation to verify the identity or authority of any individual member of the Department using the Systems who has used appropriate passwords and procedures to gain access to the Systems. 2.3.4 The Department shall be exclusively responsible for the protection and security of terminal equipment located in their facility or vehicles. 2.4 Updated/New System Modules. 2.4.1 The Department may be offered new software or system modules as they become available and agreed to be purchased by the City. The City shall have no responsibility or obligation with respect to the purchasing of new module(s). POLICE RMS & MDS SERVICES ICA Page 2 of 7 132 3. Compensation. 3.1 . Fees & Charges. The Department shall pay the City certain fees and charges for usage of the Systems and services provided. (rates for fees and charges reflected in Exhibit A). 3.2. Fees & Charges for New System Modules. Fees and charges for any new modules will also be based on an actual cost pricing model. 3.3. Billin . The fees and annual charges amount shall be due from the Department to the City in equal quarterly installments commencing on July 1 , 2017. Any additional fees and charges for new modules shall be due thirty (30) days after their installation is completed. 4. Term & Termination. 4.1 . Term. The term of this IGA begins on July 1, 2017 and ends on June 30, 2020 (the "Term"), unless earlier terminated in accordance with the provisions of Subsection 4.2. 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 . 4.2.3. Department's Riaht to Terminate Upon Proper Notice. The Department may terminate this IGA, upon written notice being given to the City not later than March 1 st of each year, with the effective date of termination then falling on June 30th of that same year. Notwithstanding the giving of notice of termination, the Department shall remain obligated with respect to any unfulfilled financial obligation which accrued hereunder prior to the effective date of such termination. 4.2.4. City's Right to Terminate. The City may terminate this IGA, effective upon delivery of written notice to the Department or at such later date as may be established under any of the following conditions: POLICE RMS & MDS SERVICES IGA Page 3 of 7 133 (a) if federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this IGA. (b) If any license or certificate required by law or regulation to be held by the City to provide the services required by this IGA is for any reason denied, revoked, or not renewed. (c) If the Department fails to perform certain covenants or obligations required by this IGA, and where such failure is not cured within ten (l 0) business days after delivery of notice of breach by the City, or such longer period as the City may specify_ 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, regulations in the performance of this IGA. 7. Limitations on Liability. The City assumes no liability for the accuracy of any data entered by the Department in the Systems, nor errors in data transmission over an internet system or telephone lines. The City represents and warrants only that it will use its best efforts to maintain a database of information exactly as entered, modified, or deleted by those data entry signals which reach its modem. 7.1 The City agrees, to the extent allowed under the Oregon Tort Claims Act and the Oregon Constitution, to indemnify, defend, and hold the Department, its officers, employees, and agents harmless from any and all claims arising out of the intentional, reckless, or negligent acts, errors, or omissions of the City or those for whose acts it may be held liable under ORS 30.265 under this Agreement except for any claim that is expressly limited by the City under this Agreement. 7.2 The Department agrees, to the extent allowed under the POLICE RMS & MDS SERVICES IGA Page 4 of 7 134 Oregon Tort Claims Act and the Oregon Constitution, to indemnify, defend, and hold the City, its officers, employees, and agents harmless from any and all claims arising out of the intentional, reckless, or negligent acts, errors or omissions of the Department or those for whose acts it may be held liable under ORS 30.265 under this Agreement except for any claim that is expressly limited by the Department under this Agreement. 7.3 Each party shall insure or self-insure and be independently responsible for the risk of its own liability for claims within the scope of the Oregon tort claims act (ORS 30.260 to 30.300). 8. 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: 8.1 For City. City of Woodburn Police Department, Attn: Chief of Police, 1060 Mt. Hood Ave, Woodburn, Oregon 97071 . 8.2 For Department. City of Silverton Police Department, Attn: Chief of Police, 306 S Water St, Silverton, Oregon 97381 . 9. Assignments, Successors and Assigns. Neither Party shall assign or transfer any of its interest in this IGA without the written consent of the other Party, such consent not to be unreasonably withheld. The provisions of this IGA shall be binding upon and shall inure to the benefit of the Parties hereto, and their respective successors and permitted assigns, if any. 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 ]GA. 11 . Records. Each Party shall retain all its records relating to this IGA and projects/activities carried out under this IGA for a period of six years following expiration or termination of this IGA. 12. Governing Law. This IGA is governed by and will be construed in accordance with the laws of the State of Oregon. 13. 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 POLICE RMS & MDS SERVICES IGA Page 5 of 7 135 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. 14. Merger Clause, Waiver. This IGA constitute 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 failure of the City to enforce any provision of this IGA shall not constitute a waiver by the City of that or any other provision. The Parties execute this iGA effective as of the last date of signature specified below, CITY OF WOODBURN, Silverton Police Department an Oregon municipal corporation an Oregon municipal corporation Scott Derickson, City Administrator Jeff F6's'solm, Police Chief q- Cate Date POLICE RMS & MIDS SERVICES IGA Page 6 of 7 136 EXHIBIT A Agency 2017-18 2018-19 2019-20 Population -%Share Silverton PO 9,222 23.19% $35,333 $35,916 $36,518 The above projected fees for fiscal year 2018.19 and 2019-20 are calculated on a 3 % increase per year. Given our contracts with Tyler are renegotiated yearly, there is a possibility of up to a 5% increase in fees, subject to the provisions in Section 3.3. POLICE RMS & MDS SERVICES IGA EXHIBIT A Page 7 of 7 137 INTERGOVERNMENTAL AGREEMENT FOR MOBILE DATA SYSTEM SERVICES THIS Intergovernmental Agreement for Mobile Data System Services ("IGA"), entered into between the City of Woodburn, an Oregon municipal corporation (the "City'), and the Stayton Police Department, a unit of the City of Stayton, an Oregon municipal corporation (the "Department"), is made pursuant to ORS 190.010 (Cooperative Agreements). WHEREAS, the purpose of this IGA is to establish the terms and conditions under which the City will maintain and provide a Mobile Data System (the "System") for use by the Department; NOW THEREFORE, the Parties agree as follows: 1 . Services. 1.1. MDS System. The City shall maintain a police/emergency Sysfem and make it available for use by the Department. The System will provide a user generated law enforcement mobile data system and message switching to the Oregon Law Enforcement Data System (LEDS). 1 .2. Processing Services. In addition to any standard data processing services agreed to in any other agreement between the Parties, the following standard data processing services shall also be provided by the City: 1 .2.1 . Full time (24 hour, 7 days a week) operation and support for servers and software, and maintenance of backup and archival data storage media according to Woodburn Police Department standard procedures, and access to CAD and LEDS message switching facilities; all of which is subject to reasonable downtime for routine maintenance, support, and emergency repairs. 1 .2.2. Current manuals and other necessary documentation, protocol, and procedures will be provided. 1.2.3. Upon request, but no more than once a quarter, a meeting with the Department to participate in a Mobile Data user group. 2. Conditions of Services. 2.1. Department Equipment Requirements. The Department shall MOBILE DATA SYSTEM SERVICES IGA- Page i of 7 (DEPARTMENT) 138 provide and maintain desktop computers, printers, controllers, mobile data computers, all required desktop and mobile software, all telecommunication lines and related equipment, and any other equipment for access to the MDS. All ownership rights to said equipment shall remain with the Department. 2.2. Records Ownership. Ownership of all records information entered into the system by the Department remain with the Department_ 2.33. Security Standards. 2.3.1 . The City shall provide adequate system and data security for the System in accordance with requirements of the FBI Criminal Justice Information Services Security Policy_ 2.3.2. The City shall have no responsibility or obligation with respect to access by individual members of the Department except to allow access to the System upon use of passwords and procedures adopted in accordance with provisions herein. 2.3.3. The City shall have no responsibility or obligation to verify the identity or authorify of any individual member of the Department using the System who has used appropriate passwords and procedures to gain access to the system. 2.3.4. The Department shall be exclusively responsible for the protection and security of terminal equipment located in their facility or vehicles. 2.4. Updated/New System Modules. 2.4.1. The Department may be offered new mobile data system modules as they became available and agreed to be purchased by the City. 3. Compensation. 3.1. Fees & Charges. The Department shall pay the City certain fees and charges for usage of the System and services provided based on a per unit pricing model (fees and charges are reflected in Exhibit A)_ Fees and charges for future years will be based on actual costs. 3.2. Fees & Char es for New S sfem Modules. Fees and charges for any new modules will also be based on the per unit pricing model. MOBILE DATA SYSTEM SERVICES IGA- Page 2 of 7 (DEPARTMENT) 139 3.3. Billin. . The fees and annual charges amount shall be due from the Department to the City in equal quarterly installments commencing on July 1, 2017. Any additional fees and charges for new modules shall be due thirty (30) days after their installation is completed. 4. Term & Termination. 4.1 . Term. The term of this IGA begins on July 1, 2017 and ends on June 30, 2020 (the "Term"), unless earlier terminated in accordance with the provisions of Subsection 4.2. 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. 4.2.3. Department's Right to Terminate Upon Proper Notice. The Department may terminate this IGA, upon written notice being given to the City not later than March 1 sf of each year, with the effective date of termination then falling on June 30th of that same year. Notwithstanding the giving of notice of termination, the Department shall remain obligated with respect to any unfulfilled financial obligation which accrued hereunder prior to the effective date of such termination. 4.2.4. City's Right to Terminate. The City may terminate this IGA, effective upon delivery of written notice to the Department 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 the services are no longer allowable or appropriate for purchase under this ]GA. (b) If any license or certificate required by law or regulation to be held by the City to provide the services required by this IGA is for any reason denied, revoked, or not renewed. (c) If the Department fails,fo perform certain covenants or MOBILE DATA SYSTEM SERVICES IGA- Page 3 of 7 (DEPARTMENT)__ 140 obligations required by this IGA, and where such failure is not cured within fen (10) business days after delivery of notice of breach by the City, or such longer period as the City may specify. 5. Comrpliance with A1212licable 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, regulations in the performance of this IGA. 7. Limitations on Liability. 7.1'. The City assumes no liability for the accuracy of any data entered by the Department in the System, nor errors in data transmission over an internet system or telephone lines. The City represents and warrants. only that it will use its best efforts to maintain a database of information exactly as entered, modified, or deleted by those data entry signals which reach its modem. 7.2. The Department agrees, to the extent it may under the Constitution and laws of Oregon, to indemnify, defend, and hold the City, its officers, employees, and agents harmless from any and all claims arising out of the intentional, reckless, or negligent acts, errors, or omissions of the Department or those for whose acts it may be held liable under ORS 30.265, or out of connection with the Department's use of the System and caused by any condition or circumstance for which liability is expressly disclaimed or limited by the City under any provision of this IGA. 7.3. The City agrees, to the extent it may under the Constitution and laws of Oregon, to indemnify, defend, and hold the Department, its officers, employees, and agents harmless from any and all claims arising out of the intentional, reckless, or negligent acts, errors or omissions of the City or those for whose acts if may be held.liable under ORS 30.265, save and except any claim for which the City has expressly disclaimed or limited its liability hereunder, to the extent of such disclaimer or limifafion; and further provided that with respect to any single claim or occurrence, the City's liability arising out of contribution or indemnity shall not exceed the limits provided by ORS 30.270, if applicable to the asserted claim. MOBILE DATA SYSTEM SERVICES FGA Page 4 of 7 (DEPARTMENT) 141 7.4. Each party shall insure or self-insure and be independently responsible for the risk of its own liability for claims within the scope of the Oregon tort claims act (ORS 30.260 to 30.300). 8_ 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: 8.1 . For City. City of Woodburn Police Department, Attn: Chief of Police, 1060 Mt. Hood Ave, Woodburn, Oregon 97071 . 8.2. For Department. City of Stayton Police Department, Attn: Chief of Police, 386 N 3rd St., Stayton, Oregon 97383. 9. Assignments; Successors and Assigns. Neither Party shall assign or transfer any of its interest in this IGA without the written consent of the other Party, such consent not to be unreasonably withheld. The provisions of this IGA shall be binding upon and shall inure to the benefit of the Parties hereto, and their respective successors and permitted assigns, if any. 10. No Third Party Beneficiaries_ No provision of this IGA is inf ended or will be construed to confer upon or give to any person or entify other than the signatories to this IGA any rights, remedies or other benefits under or by reason of this IGA. 11 . Records. Each Party shall retain all its records relating to this IGA and projects/activities carried out under this IGA for a period of six years following expiration or termination of this IGA. 12. Governinq Law. This IGA is governed by and will be construed in accordance with the laws of the State of Oregon. 13. Severability. The Parties agree fhat 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. 14. _Merger Clause; Waiver. This IGA constitute 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 MOBILE DATA SYSTEM SERVICES IGA-- 'age 5 of 7 (DEPARTMENT) 142 Parties. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. The failure of the City to enforce any provision of this IGA shall not constitute a waiver by the City of that or any other provision. The Parties execute this IGA effective as of the last date of signature specified below. CITY OF WOODBURN, STAYTON POLICE DEPARTMENT an Oregon municipal corporation an Oregon ... Scott Derickson, City Administrator Richard Sebens, Chief of Police 6/4�0/T7 Date Date MOBILE DATA SYSTEM SERVICES IGA,- Page 5 of 7 (DEPARTMENT) 143 EXHIBIT A Agency 2017-18 2018-19 2019-20 Stayton Police Department $8,192 $8,375 $8,768 The above projected fees for fiscal year 2018-19 and 2019-20 are calculated on a 3 % increase per year. Given our contracts with Tyler are renegotiated yearly, there is a possibility of up to a 5% increase in fees, subject to the provisions in Section 3.3. MOBILE DATA SYSTEM SERVICES IGA- EXHIBIT A (DEPARTMENT) Page 7 of 7 144 INTERGOVERNMENTAL AGREEMENT FOR MOBILE DATA SYSTEM SERVICES THIS Intergovernmental Agreement for Mobile Data System Services ("IGA'), entered into between the City of Woodburn, an Oregon municipal corporation (the "City"), and the Turner Police Department, a unit of the City of Turner, an Oregon municipal corporation (the "Department"), is made pursuant to ORS 190.010 (Cooperative Agreements). WHEREAS, the purpose of this IGA is to establish the terms and conditions under which the City will maintain and provide a Mobile Data System (the "System") for use by the Department; NOW THEREFORE, the Parties agree as follows: 1 . Services. l .l. MDS System. The City shall maintain a police/emergency System and make it available for use by the Department. The System will provide a user generated law enforcement mobile data system and message switching to the Oregon Law Enforcement.Data System (LEDS). 1.2. Processing Services. In addition to any standard data processing services agreed to in any other agreement between the Parties, the following standard data processing services shall also be provided by the City: 1.2.1 . Full time (2.4 hour, 7 days a week) operation and support for servers and software, and maintenance of backup and archival data storage media according to Woodburn Police Department standard procedures, and access to CAD and LEDS message switching facilities; all of which is subject to reasonable downtime for routine maintenance, support, and emergency repairs. 1 .2.2. Current manuals and other necessary documentation, protocol, and procedures will be provided. 1 .2.3. Upon request, but no more than once a quarter, a meeting with the Department to participate in a Mobile Data user group. 2. Conditions of Services. 2.1. Department Equipment Reguirements. The Department shall MOBILE DATA SYSTEM SERVICES IGA- Page 1 of 7 f DEPARTMENT) 145 provide and maintain desktop computers, printers, controllers, mobile data computers, all required desktop and mobile software, all telecommunication lines and related equipment, and any other equipment for access to the MDS. All ownership rights to said equipment shall remain with the Department. 2.2. Records Ownership. Ownership of all records information entered into the system by the Department remain with the Department. 2.3. Security Standards. 2.3.1 . The City shall provide adequate system and data security for the System in accordance with requirements of the FBI Criminal .Justice Information Services Security Policy. 2.3.2. The City shall have no responsibility or obligation with respect to access by individual members of the Department except to allow access to the System upon use of passwords and procedures adopted in accordance with provisions herein. 2.3.3. The City shall have no responsibility or obligation to verify the identity or authority of any individual member of the Department using the System who has used appropriate passwords and procedures to gain access to the system. 2.3.4. The Department shall be exclusively responsible for the protection and security of terminal equipment located in their facility or vehicles. 2.4. Updated/New System Modules. 2.4.1. The Department may be offered new mobile data system modules as they become available and agreed to be purchased by the City. 3. Compensation. 3.1. Fees & Charges. The Department shall pay the City certain fees and charges for usage of the System and services provided based on a per unit pricing model (fees and charges are reflected in Exhibit A). Fees and charges for future years will be based on actual costs. 3.2. Fees & Charges for New S stem Modules. Fees and charges for any new modules will also be based on the per unit pricing model. MOBILE DATA SYSTEM SERVICES IGA - Page 2 of 7 (DEPARTMENT) 146 3.3. Billing. The fees and annual charges amount shall be due from the Department to the City in equal quarterly installments commencing on July 1, 2017. Any additional fees and charges for new modules shall be due thirty (30) days after their installation is complef ed. 4. Term & Termination. 4.1. Term. The term of this IGA begins on July ], 2017 and ends on June 30, 2020 (the "Term"), unless earlier terminated in accordance with the provisions of Subsection 4.2. 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 . 4.2.3. Department's Right to Terminate Upon Proper Notice. The Department may terminate this IGA, upon written notice being given to the City not later than March 1 st of each year, with the effective date of termination then falling on June 30th of that same year. Notwithstanding the giving of notice of termination, the Department shall remain obligated with respect to any unfulfilled financial obligation which accrued hereunder prior to the effective date of such termination. 4.2.4. City's Right to Terminate. The City may terminate this IGA, effective upon delivery of written notice to the Department 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 the services are no longer allowable or appropriate for purchase under this IGA. (b) If any license or certificate required by law or regulation to be held by the City to provide the services required by this IGA is for any reason denied, revoked, or not renewed. (c) If the Department fails to perform certain covenants or MOBILE DATA SYSTEM SERVICES IGA- Page 3 of 7 (DEPARTMENT) 147 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 City, or such longer period as the City may specify. 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, regulations in the performance of this IGA. 7. Limitations on Liability. 7.1 . The City assumes no liability for the accuracy of any data entered by the Department in the System, nor errors in data transmission over an internet system or telephone lines. The City represents and warrants only that it will use its best efforts to maintain a database of information exactly as entered, modified, or deleted by those data entry signals which reach its modem. 7.2. The Department agrees, to the extent it may under the Constitution and laws of Oregon, to indemnify, defend, and hold the City, its officers, employees, and agents harmless from any and all claims arising out of the intentional, reckless, or negligent acts, errors, or omissions of the Department or those for whose acts it may be held liable under ORS 30.265, or out of connection with the Department's use of the System and caused by any condition or circumstance for which liability is expressly disclaimed or limited by the City under any provision of this IGA. 7.3. The City agrees, to the extent it may under the Constitution and laws of Oregon, to indemnify, defend, and hold the Department, its officers, employees, and agents harmless from any and all claims arising out of the intentional, reckless, or negligent acts, errors or omissions of the City or those for whose acts it may be held liable under ORS 30.265, save and except any claim for which the City has expressly disclaimed or limited its liability hereunder, to the extent of such disclaimer or limitation; and further provided that with respect to any single claim or occurrence, the City's liability arising out of contribution or indemnity shall not exceed the limits provided by ORS 30.270, if applicable to the asserted claim. MOBILE DATA SYSTEM SERVICES IGA - Page 4 of 7 (DEPARTMENT) 148 7.4. Each party shall insure or self-insure and be independently responsible for the risk of its own liability for claims within the scope of the Oregon tort claims act (ORS 30.260 to 30.300). 8. 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: 8.1. For City. City of Woodburn Police Department, Attn: Chief of Police, 1060 Mt. Hood Ave, Woodburn, Oregon 97071. 8.2. For Department. City of Turner Police Department, Attn: Chief of Police, 5255 Chicago St., Turner, Oregon 97392. 9. Assignments: Successors and Assigns. Neither Party shall assign or transfer any of its interest in this IGA without the written consent of the other Party, such consent not to be unreasonably withheld. The provisions of this IGA shall be binding upon and shall inure to the benefit of the Parties hereto, and their respective successors and permitted assigns, if any. 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. Records. Each Party shall retain all its records relating to this IGA and projects/activities carried out under this IGA for a period of six years following expiration or termination of this IGA. 12. Governing Law. This IGA is governed by and will be construed in accordance with the laws of the State of Oregon. 13. 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. 14. Merger Clause: Waiver. This IGA constitute 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 MOBILE DATA SYSTEM SERVICES IGA - Page 5 of 7 (DEPARTMENT) 149 Parties. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. The failure of the City to enforce any provision of this IGA shall not constitute a waiver by the City of that or any other provision. The Parties execute this IGA effective as of the last date of signature specified below. CITY OF WOODBURN, TURNER POLICE DEPARTMENT an Oregon municipal corporation an Oregon ... Scott Derickson, City Administrator G Z Date Date 1 ZO MOBILE DATA SYSTEM SERVICES IGA- Page b of 7 (DEPARTMENT) 150 EXHIBIT A Agency 2017-18 2018-19 2019-20 Turner Police Department $2048 $2142 $2,192 The above projected fees for fiscal year 2015-19 and 2019-20 are calculated on a 3 % increase per year. Given our contracts with Tyler are renegotiated yearly, there is a possibility of up to a 5% increase in tees, subject to the provisions in Section 3.3. MOBILE DATA SYSTEM SERVICES IGA- EXHIBIT A [DEPARTMENT) Page 7 of 7 151 INTERGOVERNMENTAL AGREEMENT FOR MOBILE DATA SYSTEM SERVICES THIS Intergovernmental Agreement for Mobile Data System Services ("IGA"), entered into between the City of Woodburn, an Oregon municipal corporation (the "City"), and the Aumsville Police Department, a unit of the City of Aumsville, an Oregon municipal corporation (the "Department"), is made pursuant to ORS 190.010 (Cooperative Agreements). WHEREAS, the purpose of this IGA is to establish the terms and conditions under which the City will maintain and provide a Mobile Data System (the "System") for use by the Department; NOW THEREFORE, the Parties agree as follows: I. Services. 1.1, MDS System. The City shall maintain a police/emergency System and make it available for use by the Department. The System will provide a user generated law enforcement mobile data system and message switching to the Oregon Law Enforcement Data System (LEDS). 1.2. Processing Services. In addition to any standard data processing services agreed to in any other agreement between the Parties, the following standard data processing services shall also be provided by the City: 1.2.1. Full time (24 hour, 7 days a week) operation and support for servers and software, and maintenance of backup and archival data storage media according to Woodburn Police Department standard procedures, and access to CAD and LEDS message switching facilities; all of which is subject to reasonable downtime for routine maintenance, support, and emergency repairs. 1.2.2. Current manuals and other necessary documentation, protocol, and procedures will be provided. 1.2.3. Upon request, but no more than once a quarter, a meeting with the Department to participate in a Mobile Data user group. 2. Conditions of Services. 2.1. Department Equipment Requirements. The Department shall MOBILE DATA SYSTEM SERVICES IGA- Page 1 of 7 (DEPARTMENT) 152 provide and maintain desktop computers, printers, controllers, mobile data computers, all required desktop and mobile software, all telecommunication lines and related equipment, and any other equipment for access to the MDS. All ownership rights to said equipment shall remain with the Department. 2.2. Records Ownership. Ownership of all records information entered into the system by the Department remain with the Department. 2.3. Security Standards. 23.1. The City shall provide adequate system and data security for the System in accordance with requirements of the FBI Criminal Justice Information Services Security Policy. 2.3.2. The City shall have no responsibility or obligation with respect to access by individual members of the Department except to allow access to the System upon use of passwords and procedures adopted in accordance with provisions herein. 2.3.3. The City shall have no responsibility or obligation to verify the identity or authority of any individual member of the Department using the System who has used appropriate passwords and procedures to gain access to the system. 2.3.4. The Department shall be exclusively responsible for the protection and security of terminal equipment located in their facility or vehicles. 2.4. Updated/New System Modules. 2.4.1. The Department may be offered new mobile data system modules as they become available and agreed to be purchased by the City. 3. Compensation. 3.1. Fees & Charges. The Department shall pay the City certain fees and charges for usage of the System and services provided based on a per unit pricing model (fees and charges are reflected in Exhibit A). Fees and charges for future years will be based on actual costs. 3.2. Fees & Charges for New System Modules. Fees and charges for any new modules will also be based on the per unit pricing model. MOBILE DATA SYSTEM SERVICES IGA- Page 2 of 7 f DEPARTMENT) 153 3.3. Billing. The fees and annual charges amount shall be due from the Department to the City in equal quarterly installments commencing on July 1, 2017. Any additional fees and charges for new modules shall be due thirty (30) days after their installation is completed. 4. Term & Termination. 4.1. Term. The term of this IGA begins on July 1, 2017 and ends on June 30, 2020 (the "Term"), unless earlier terminated in accordance with the provisions of Subsection 4.2. 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 . 4.23. Department's Right to Terminate Upon Proper Notice. The Department may terminate this IGA, upon written notice being given to the City not later than March 1 st of each year, with the effective date of termination then falling on June 30th of that same year. Notwithstanding the giving of notice of termination, the Department shall remain obligated with respect to any unfulfilled financial obligation which accrued hereunder prior to the effective date of such termination. 4.2.4. City's Right to Terminate. The City may terminate this IGA, effective upon delivery of written notice to the Department 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 the services are no longer allowable or appropriate for purchase under this IGA. (b) If any license or certificate required by law or regulation to be held by the City to provide the services required by this IGA is for any reason denied, revoked, or not renewed. (c) If the Department fails to perform certain covenants or MOBILE DATA SYSTEM SERVICES IGA- Page 3 of 7 (DEPARTMENT) 154 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 City, or such longer period as the City may specify. S. 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, regulations in the performance of this IGA. 7. Limitations on Liability. 7.1. The City assumes no liability for the accuracy of any data entered by the Department in the System, nor errors in data transmission over an internet system or telephone lines. The City represents and warrants only that it will use its best efforts to maintain a database of information exactly as entered, modified, or deleted by those data entry signals which reach its modem. 7.2. The Department agrees, to the extent it may under the Constitution and laws of Oregon, to indemnify, defend, and hold the City, its officers, employees, and agents harmless from any and all claims arising out of the intentional, reckless, or negligent acts, errors, or omissions of the Department or those for whose acts it may be held liable under ORS 30.265, or out of connection with the Department's use of the System and caused by any condition or circumstance for which liability is expressly disclaimed or limited by the City under any provision of this ]GA. 7.3. The City agrees, to the extent it may under the Constitution and laws of Oregon, to indemnify, defend, and hold the Department, its officers, employees, and agents harmless from any and all claims arising out of the intentional, reckless, or negligent acts, errors or omissions of the City or those for whose acts it may be held liable under ORS 30.265, save and except any claim for which the City has expressly disclaimed or limited its liability hereunder, to the extent of such disclaimer or limitation; and further provided that with respect to any single claim or occurrence, the City's liability arising out of contribution or indemnity shall not exceed the limits provided by QRS 30.270, if applicable to the asserted claim. MOBILE DATA SYSTEM SERVICES IGA- Page 4 of 7 {DEPARTMENT 155 7.4. Each party shall insure or self-insure and be independently responsible for the risk of its own liability for claims within the scope of the Oregon tort claims act (ORS 30.260 to 30.300). 8. 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: 8.1. For City. City of Woodburn Police Department, Attn: Chief of Police, 1060 Mt. Hood Ave, Woodburn, Oregon 97071 . 8.2. For Department. City of Aumsville Police Department, Attn: Chief of Police, 597 Main St, Aumsville, Oregon 97325. 9. Assi nments• Successors and Assigns. Neither Party shall assign or transfer any of its interest in this IGA without the written consent of the other Party, such consent not to be unreasonably withheld. The provisions of this IGA shall be binding upon and shall inure to the benefit of the Parties hereto, and their respective successors and permitted assigns, if any. 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. Records. Each Party shall retain all its records relating to this IGA and projects/activities carried out under this IGA for a period of six years following expiration or termination of this IGA. 12. Governing Law. This IGA is governed by and will be construed in accordance with the laws of the State of Oregon. 13. 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. 14. Merger Clause; Waiver. This IGA constitute 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 MOBILE DATA SYSTEM SERVICES [GA- Page 5 of 7 (DEPARTMENT} 156 Parties. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. The failure of the City to enforce any provision of this IA shall not constitute a waiver by the City of that or any other provision. The Parties, execute this ICDA effective as of the last date of signature specified below. CITY OF WOODBURN, AUMSVILLE POLICE DEPARTMENT an Oregon municipal corporation an Oregon ... Scott Derickson, City Administrator 4) 7/17 Date Date MOBILE DATA SYSTEM SERVICES IGA- Page 6 of 7 (DEPARTMENT) 157 EXHIBIT A Agency 2018-19 2019-20 Aumsville Police Department $2142 $2,192 The above projected fees for fiscal year 2018-19 and 2019-20 are calculated on a 3 % increase per year. Given our contracts with Tyler are renegotiated yearly, there is a possibility of up to a 5% increase in fees, subject to the provisions in Section 3.3. MOBILE DATA SYSTEM SERVICES IGA- EXHIBIT A (DEPARTMENT) Page 7 of 7 158 INTERGOVERNMENTAL AGREEMENT FOR MOBILE DATA SYSTEM SERVICES THIS Intergovernmental Agreement for Mobile Data System Services ("IGA"), entered into between the City of Woodburn, an Oregon municipal corporation (the "City"), and the Woodburn Fire District (the "District"), is made pursuant to ORS 190.010 (Cooperative Agreements). WHEREAS, the purpose of this IGA is to establish the terms and conditions under which the City will maintain and provide a Mobile Data System (the "System") for use by the District; NOW THEREFORE, the Parties agree as follows: 1 . Services. 1.1 . MDS System. The City shall maintain a police/emergency System and make it available for use by the District. The System will provide a user generated fire services mobile data system. 1 .2. Processing Services. In addition to any standard data processing services agreed to in any other agreement between the Parties, the following standard data processing services shall also be provided by the City: 1 .2.1 . Full time (24 Dour, 7 days a week) operation and support for servers and software, and maintenance of backup and archival data storage media according to Woodburn Police District standard procedures, and access to CAD; all of which is subject to reasonable downtime for routine maintenance, support, and emergency repairs. 1 .2.2. Current manuals and other necessary documentation, protocols, and procedures will be provided. 1 .2.3. Upon request, but no more than once a quarter, a meeting with the District to participate in a Mobile Data user group. 2. Conditions of Services. 2.1 . District Equipment Requirements. The District shall provide and maintain desktop computers, printers, controllers, mobile data computers, all required desktop and mobile software, all telecommunication lines and MOBILE DATA SYSTEM SERVICES IGA - Page I of 7 Woodburn Fire District 159 related equipment, and any other equipment for access to the MDS. All ownership rights to said equipment shall remain with the District. 2.2. Records Ownership. Ownership of all records information entered into the system by the District remain with the District. 2.3. Security Standards. 2.3.1 . The City shall provide adequate system and data security for the System 2.3.2. The City shall have no responsibility or obligation with respect to access by individual members of the District except to allow access to the System upon use of passwords and procedures adopted in accordance with provisions herein. 2.3.3. The City shall have no responsibility or obligation to verify the identity or authority of any individual member of the District using the System who has used appropriate passwords and procedures to gain access to the system. 2.3.4. The District shall be exclusively responsible for the protection and security of terminal equipment located in their facility or vehicles. 2.4. U dated New System Modules. The District may be offered new mobile data system modules as they become available and agreed to be purchased by the City. 3. Compensation. 3.1 . Fees & Charges. The District shall pay the City certain fees and charges for usage of the System and services provided based on a per unit pricing model (fees and charges are reflected in Exhibit A)_ 3.2. Fees & Charges for New System Modules. Fees and charges for any new modules will also be based on the per unit pricing model. 3.3. Billing. The fees and annual charges amount shall be due from the District to the City in equal quarterly installments commencing on July 1, 2017. Any additional fees and charges for new modules shall be due thirty (30) days after their installation is completed. MOBILE DATA SYSTEM SERVICES IGA- Page 2 of 7 Woodburn Fire District 160 4_ Term & Termination. 4.1 . Term. The term of this IGA begins on July 1, 2017 and ends on June 30, 2020 (the "Term"), unless earlier terminated in accordance with the provisions of Subsection 4.2. 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 . 4.2.3. District's Right to Terminate U on Proper Notice. The District may terminate this IGA, upon written notice being given to the City not later than March 1 st of each year, with the effective date of termination then falling on June 30th of that some year. Notwithstanding the giving of notice of termination, the District shall remain obligated with respect to any unfulfilled financial obligation which accrued hereunder prior to the effective date of such termination. 4.2.4. City's Right to Terminate. The City may terminate this IGA, effective upon delivery of written notice to the District 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 the services are no longer allowable or appropriate for purchase under this IGA. (b) If any license or certificate required by law or regulation to be held by the City to provide the services required by this IGA is for any reason denied, revoked, or not renewed. (c) If the District 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 City, or such longer period as the City may specify. MOBILE DATA SYSTEM SERVICES IGA - Page 3 of 7 Woodburn Fire Disfrict 161 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, regulations in the performance of this IGA. 7. Limitations on Liabili�. 7.1 .1 . The City assumes no liability for the accuracy of any data entered by the District in the System, nor errors in data transmission over an internet system or telephone lines. The City represents and warrants only that it will use its best efforts to maintain a database of information exactly as entered, modified, or deleted by those data entry signals which reach its modem. 7.1 .2. The District agrees, to the extent it may under the Constitution and laws of Oregon, to indemnify, defend, and hold the City, its officers, employees, and agents harmless from any and all claims arising out of the intentional, reckless, or negligent acts, errors, or omissions of the District or those for whose acts it may be held liable under ORS 30.265, or out of connection with the District's use of the System and caused by any condition or circumstance for which liability is expressly disclaimed or limited by the City under any provision of this IGA. 7.1 .3. The City agrees, to the extent it may under the Constitution and laws of Oregon, to indemnify, defend, and hold the District, its officers, employees, and agents harmless from any and all claims arising out of the intentional, reckless, or negligent acts, errors or omissions of the City or those for whose acts it may be held liable under QRS 30.265, save and except any claim for which the City has expressly disclaimed or limited its liability hereunder, to the extent of such disclaimer or limitation; and further provided that with respect to any single claim or occurrence, the City's liability arising out of contribution or indemnity shall not exceed the limits provided by ORS 30.270, if applicable to the asserted claim. MOBILE DATA SYSTEM SERVICES IGA - Page 4 of 7 Woodburn Fire District 162 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 failure of the City to enforce any provision of this IGA shall not constitute a waiver by the City of that or any other provision. The Parties execute this IGA effective as of the last date of signature specified below. CITY OF WOODBURN, WOODBURN FIRE DISTRICT an Oregon municipal corporation an Oregon Fire District ?a'L �'� Scott Derickson, City Administrator MQels.a F " -7./(2/(-7 Date Date MOBILE DATA SYSTEM SERVICES IGA- Page b of 7 Woodburn Eire Dist icf 163 EXHIBIT A Agency 2017-18 201.8-19 2019-20 Woodburn Fire District $2,048 $2,094 $2,192 The above projected fees for fiscal year 2018-19 and 2019-20 are calculated on a 3 % increase per year. Given our contracts with Tyler are renegotiated yearly, there is a possibility of up to a 5% increase in fees, subject to the provisions in Section 3.3. MOBILE DATA SYSTEM SERVICES IGA - EXHIBIT A (DISTRICT) Page 7 of 7 164 INTERGOVERNMENTAL AGREEMENT FOR MOBILE DATA SYSTEM SERVICES THIS Intergovernmental Agreement for Mobile Data System Services ("IGA"), entered into between the City of Woodburn, an Oregon municipal corporation (the "City"), and the Mt Angel l=ire District (the "District"), is made pursuant to CARS 190.010 (Cooperative Agreements). WHEREAS, the purpose of this IGA is to establish the terms and conditions under which the City will maintain and provide a Mobile Data System (the "System") for use by the District; NOW THEREFORE, the Parties agree as follows: 1. Services. 1.1 . MDS System. The City shall maintain a police/emergency System and make it available for use by the District. The System will provide a user generated fire services mobile data system. 1.2. Processing Services. In addition to any standard data processing services agreed to in any other agreement between the Parties, the following standard data processing services shall also be provided by the City: 1.2.1. Full time (24 hour, 7 days a week) operation and support for servers and software, and maintenance of backup and archival data storage media according to Woodburn Police District standard procedures, and access to CAD; all of which is subject to reasonable downtime for routine maintenance, support, and emergency repairs. 1.2.2. Current manuals and other necessary documentation, protocols, and procedures will be provided. 1.2.3, Upon request, but no more than once a quarter, a meeting with the District to participate in a Mobile Data user group. 2. Conditions of Services. 2.1 . District Equipment Requirements. The District shall provide and maintain desktop computers, printers, controllers, mobile data computers, all required desktop and mobile software, all telecommunication lines and MOBILE DATA SYSTEM SERVICES IGA- Page 1 of 7 (DISTRICT) 165 related equipment, and any other equipment for access to the MDS. Ail ownership rights to said equipment shall remain with the District. 2.2. Records Ownership. Ownership of all records information entered into the system by the District remain with the District. 2.3. Security Standards. 2.3.1 . The City shall provide adequate system and data security for the System 2.3.2. The City shall have no responsibility or obligation with respect to access by individual members of the District except to allow access to the System upon use of passwords and procedures adopted in accordance with provisions herein. 2.3.3. The City shall have no responsibility or obligation to verify the identity or authority of any individual member of the District using the System who has used appropriate passwords and procedures to gain access to the system. 2.3.4. The District shall be exclusively responsible for the protection and security of terminal equipment located in their facility or vehicles. 2.4. Updated/New System Modules. The District may be offered new mobile data system modules as they become available and agreed to be purchased by the City. 3. Compensation. 3.1 . Fees & Charges. The District shall pay the City certain fees and charges for usage of the System and services provided based on a per unit pricing model (fees and charges are reflected in Exhibit A). 3.2. Fees & Charges for New System Modules. Fees and charges for any new modules will also be based on the per unit pricing model. 3.3. Billina. The fees and annual charges amount shall be due from the District to the City in equal quarterly installments commencing on July 1, 2017. Any additional fees and charges for new modules shall be due thirty (30) days after their installation is completed. MOBILE DATA SYSTEM SERVICES IGA- Page 2 of 7 (DISTRICT) 166 3.4. Up-front Licensing Cost. Where the City will be purchasing a new user license on behalf of the District in order fo provide the District with Services covered by this IGA, the District shall reimburse the City for costs associated with acquiring that license, either at or prior to the time of the District's first payment to the City, under Section 3.3. 4. Term & Termination. 4.1 . Term. The term of this IGA begins on July 1, 2017 and ends on June 30, 2020 (the "Term"), unless earlier terminated in accordance with the provisions of Subsection 4.2. 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. 4.2.3. District's Right to Terminate Upon_Proper Notice. The District may terminate this IGA, upon written notice being given to the City not later than March 1 st of each year, with the effective date of termination then falling on June 30th of that some year. Notwithstanding the giving of notice of termination, the District shall remain obligated with respect to any unfulfiiled financial obligation which accrued hereunder prior to the effective date of such termination. 4.2.4. City's Right to Terminate. The City may terminate this IGA, effective upon delivery of written notice to the District 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 the services are no longer allowable or appropriate for purchase under this IGA. (b) If any license or certificate required by law or regulation to be held by the City to provide the services required by this EGA is for any reason denied, revoked, or not renewed. MOBILE DATA SYSTEM SERVICES IGA - Page 3 of 7 (DISTRICT) 167 (c) If the District 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 City, or such longer period as the City may specify. 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, regulations in the performance of this IGA. 7. Limitations on Liability. 7.1.1 . The City assumes no liability for the accuracy of any data entered by the District in the System, nor errors in data transmission over an internet system or telephone lines. The City represents and warrants only that it will use its best efforts to maintain a database of information exactly as entered, modified, or deleted by those data entry signals which reach its modem. 7.1 .2. The District agrees, to the extent it may under the Constitution and laws of Oregon, to indemnify, defend, and hold the City, its officers, employees, and agents harmless from any and all claims arising out of the intentional, reckless, or negligent acts, errors, or omissions of the District or those for whose acts it may be held liable under ORS 30.265, or out of connection with the District's use of the System and caused by any condition or circumstance for which liability is expressly disclaimed or limited by the City under any provision of this IGA. 7.1.3. The City agrees, to the extent it may under the Constitution and laws of Oregon, to indemnity, defend, and hold the District, its officers, employees, and agents harmless from any and all claims arising out of the intentional, reckless, or negligent acts, errors or omissions of the City or those for whose acts it may be held liable under ORS 30.265, save and except any claim for which the City has expressly disclaimed or limited its liability hereunder, to the extent of such MOBILE DATA SYSTEM SERVICES IGA- Page 4 of 7 (DISTRICT) 168 disclaimer or limitation; and further provided that with respect to any single claim or occurrence, the City's liability arising out of contribution or indemnity shall not exceed the limits provided by ORS 30.270, if applicable to the asserted claim. 7.1.4. Each party shall insure or self-insure and be independently responsible for the risk of its own liability for claims within the scope of the Oregon tort claims act (ORS 30.260 to 30.300). 8. 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: 8.1.1 . For City. City of Woodburn Police Department, Attn: Chief of Police, 1060 Mf. Flood Ave, Woodburn, Oregon 97071. 8.1.2. For District. Mt Angel Fire District, Attn: Fire Chief, 300 Monroe St, Mt Angel, Oregon 97362 9. Assignments, Successors and Assigns. Neither Party shall assign or transfer any of its interest in this IGA without the written consent of the other Party, such consent not to be unreasonably withheld. The provisions of this IGA shall be binding upon and shall inure to the benefit of the Parties hereto, and their respective successors and permitted assigns, if any. 10. No Third Parte 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 [GA. 11. Records. Each Party shall retain all its records relating to this IGA and projects/activities carried out under this IGA for a period of six years following expiration or termination of this IGA. 12. Governing Law. This IGA is governed by and will be construed in accordance with the laws of the State of Oregon. 13. 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 obiigafions of the Parties shall be MOBILE DATA SYSTEM SERVICES IGA - Page 5 of 7 (DISTRICT} 169 construed and enforced as if the IGA did not contain the particular term or provision held to be invalid. 14, Merger Clause; Waiver. This IGA constitute 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 failure of the City to enforce any provision of this IGA shall not constitute a waiver by the City of that or any other provision. The Parties execute this IGA effective as of the last date of signature specified below. CITY OF WOODBURN, MT ANGEL FIRE DISTRICT an Oregon municipal corporation an Oregon Fire District Scott Derickson, City Administrator Er, Lc� i ~ Date Date MOBILE DATA SYSTEM SERVICES IGA - Page b of 7 (DISTRICTI 170 EXHIBIT A Agency 2017-18 2018-19 2019-20 Mt Angel Fire $1,024 $1,047 $1,071 The above projected fees for fiscal yea= 2018-19 and 2019-20 are caiculafed on a 3 % increase per year. Given our contracts with Tyler are renegotiated yearly, there is a possibility of up to a 5% increase in fees, subject to the provisions in Suction 3.3. MOBILE DATA SYSTEM SERVICES IGA- EXHIBIT A (DJSTRICT) Page 7 of 7 171