Services Agrmt - 7/04-6/206
AGREEMENT FOR SERVICES BETWEEN WOODBURN URBAN RENEWAL
AGENCY AND CITY OF WOODBURN
This Agreement for Services (Agreement) is entered into between the City of Woodburn
(City), an Oregon municipal corporation, and the Woodburn Urban Renewal Agency
(the Agency), the urban renewal agency of the City of Woodburn, created pursuant to
ORS 457.035 through ORS 457.460.
Recitals
Whereas, by Ordinance No. 2283 the City activated its urban renewal agency pursuant
to ORS 457.055, and designated the City Council of the City of Woodburn to exercise
the urban renewal powers pursuant to ORS 457.045 (3); and
Whereas, by Ordinance No. 2298 the City Council adopted the Woodburn Urban
Renewal Plan (Plan), Section 1100 of which states, in part:
"... the Agency may borrow money from, or lend money to a public agency in
conjunction with a joint undertaking of a project authorized by this plan."; and
Whereas, Section 600 of the Plan identifies as projects which may be undertaken
pursuant to the Plan in the urban renewal area: A) Public Improvements including
construction and repair of parks, streets, and sidewalks; and C) Plan Administration
including personnel and other administrative costs incurred in management of the
renewal plan; and
Whereas, the City and the Agency work in partnership to accomplish the provisions of
the Plan adopted by the City Council and put before the Agency for implementation, and
Whereas, the City and the Agency wish to clarify the relationship between the City and
the Agency with respect to services to be provided by the City to the Agency, and the
Agency's obligation to pay the City for those services, and
NOW THEREFORE, the City and the Agency agree as follows:
Terms of Agreement
In consideration for reimbursement for the costs of services and materials and projects
according to the terms of this Agreement, the City will provide the following services and
materials to the Agency according to the terms of this Agreement:
1. Personnel Services.
1.1 City staff to provide all staff services required to implement and
administer the Plan and any other Agency activities. Staff assigned
to perform functions in support of the Agency will continue to be
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employees of the City and will provide services to implement Plan
as directed by the Agency. The City will not charge the Agency for
these staff services pursuant to this Agreement. Nothing in this
Agreement, however, shall prevent the City from requiring
reimbursement from the Agency for these services in future written
agreements.
1.2 The City Administrator has final and exclusive authority over
decisions to hire, fire and discipline the City employees assigned to
perform functions in support of the Agency, under the City's
personnel rules and policies.
1.3 Except as specifically provided in other sections of this Agreement
or as set out in a future written agreement of the parties, charges to
the Agency for materials will be the same as any inter-departmental
City charge.
2. Insurance.
2.1 The City will procure and maintain property and liability insurance
covering the Agency's activities at such levels as the Agency
deems necessary and appropriate. The City will not charge the
Agency for insurance premiums pursuant to this Agreement.
Nothing in this Agreement, however, shall prevent the City from
requiring the Agency to pay for this coverage in future written
agreements.
3. Professional and Consultino Services.
3.1 The City and the Agency will consult with one another regarding
selection of independent contractors providing professional and
consulting services, including bond counsel and the financial
advisor for debt issuance for the Agency, if any; general or
specialized urban renewal consulting, and audit services for the
Agency.
4. Leoal Services,
4.1 The Agency may obtain legal services from the City Attorney and/or
outside legal counsel as the Agency determines, in consultation
with the City, best meets the needs of the project or issue at hand.
The Agency shall not reimburse the City for legal services
requested of the City Attorney for the period of this Agreement.
Nothing in this Agreement, however, shall prevent the City from
requiring reimbursement from the Agency for these services in
future written agreements. The Agency shall be responsible for the
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cost of legal services provided to the Agency by outside legal
counsel.
4.2 If legal services are provided jointly to the City and the Agency, the
City and the Agency will agree on a cost allocation for such
services prior to such services being rendered.
5. Accountinq Services.
5.1 The City shall provide all accounting services related to the
Agency's debt service fund and investment of funds pursuant to this
Agreement. Nothing in this Agreement, however, shall prevent the
City from requiring reimbursement from the Agency for these
services in future written agreements. The City will not charge the
Agency for these accounting services pursuant to this Agreement.
6. Financial Matters.
6.1 Except as specifically provided herein, the City agrees that it will
not make any charge against any Agency account without first
obtaining the approval of the Agency.
6.2 The Agency will cooperate with providing all necessary financial
information to the City for the City to include in its Comprehensive
Annual Financial Report (CAFR).
6.3 The Agency's financial records will be available for inspection by
City at all reasonable times.
7. Public Improvements.
7.1 The City will act as the lead agency for the purpose of constructing
projects in the urban renewal area, and will be responsible for
project design and engineering, obtaining any planning approvals
and permits, for forwarding payment of any standard fees, and for
construction management for construction projects.
7.2 Projects that will be constructed in the urban renewal area during
the term of this Agreement, consistent with those shown on Exhibit
A, are joint projects of the City and the Agency. The Agency and
the City shall share the costs of these projects according to the
reimbursement schedule in Exhibit A.
7.3 All public improvements constructed by the City and Agency during
the term of this Agreement shall be accepted, owned, and
maintained the City after construction is complete.
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8. Compensation. Agency shall pay to the City an amount not-to-exceed
$1,597,500 for the services and projects described in this Agreement
during the term of the Agreement. The parties have agreed to a schedule
for Agency's payment for such services and projects, which is attached
hereto and incorporated as Exhibit A. Exhibit A may be amended by
mutual agreement of the parties.
9. Term and Termination.
9.1 The term of this Agreement shall be effective retroactive to July 1,
2004 and shall continue through June 30, 2006, unless terminated
pursuant to this section.
9.2 Either party may terminate this Agreement at any time by giving the
other party written notice not less than ninety (90) days prior to the
proposed termination date.
DATED this 2-6~ day of ~/'/I
,2005.
CITY OF WOODBURN, OREGON
~~
City Administrator
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