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Agenda - 07/08/1991CITY OF 270 Montgomery Street · WOODBURN Woodburn, Oregon 97071 · 98'2-5222 AGENDA WOODBURN CITY COUNCIL JULY 8, 1991 - 7:00 p.m. 1. CALL TO ORDER AND FLAG SALUTE 2. ROLL CALL 3. MINUTES Ao City Council minutes of June 24, 1991. Library Board minutes of June 26, 1991. 4. APPOINTMENTS AND ANNOUNCEMENTS 3A 3B w e o COMMITTEE REPORTS A. Chamber of Commerce B. Woodburn Comeback Campaign COMMUNICATIONS A. Written - None BUSINESS FROM THE PUBLIC (This allows public to introduce items for Council consideration not already scheduled on the agenda.) PUBLIC HEARINGS TABLED BUSINESS A. Council Bill No. 1314 - Resolution authorizing a second addendum agreement with Pogolowitz & Assoc. for housing rehab grant. 9A Bo Council Bill No. 1315 - Resolution authorizin~l' addendum agreement with Pogolowitz & Assoc. for rental rehab program. 9B Page 1 - Woodburn City Council Agenda, July 8, 1991 10. 11. Council Bill No. 1318 - Resolution authorizing computer software consultant agreement. EXECUTIVE SESSION To consider records pertaining to litigation which are exempt from public inspection. Authority ORS 192.660 (1)(f) GENERAL BUSINESS Ao Council Bill No. 1319 - Resolution entering into agreement for insurance agent of record. Council Bill No. 1320 - Resolution authorizing agreement with COG for reapportionment data services. Ce E. F. 12. APPROVAL OF CLAIMS 13. PUBLIC COMMENT 14. NEW BUSINESS 15. SITE PLAN ACTIONS 16. STAFF REPORTS A. Building Activity Report for June 1991. B. Transportation Planning Project. C. Final Results of June 25th election. 17. MAYOR AND COUNCIL REPORTS 17, A. Museum Report. ADJOURNMENT Council Bill No. 1321 - Resolution authorizing storm drain line agreement. Contract award for Woodland Avenue street improvement. Authorization to negotiate for additional Economic Development funds. Postponement of contract award for I-5 sanitary sewer bore project. 9C .11A 11B 11C .11D 11E 11F 16A 16B 16C 17A Page 2 - Woodburn City Council Agenda, July 8, 1991 COUNCIL MEETING MINUTES June 24, 1991 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JUNE 24, 1991. O0O3 CONVENED. The Council met in regular session at 7:00 p.m. with Mayor Kyser presiding. 0012 ROLL CALL Mayor Kyser Present Councilor Figley Present Councilor Galvin Present Councilor Hagenauer Present Councilor Jennings Present Councilor Sifuentez Absent Councilor Steen Present 0020 0031 0053 0170 Staff Present: City Administrator Quinn, City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Finance Director Gritta, library Director Sprauer, Park Director Holly, Police Lt. Eubank, Deputy Recorder Tennant. MINUTES. JENNINGS/FIGLEY... approve the Council minutes of June 10, 1991; accept the Recreation & Park Board minutes of April 8 & 23, and May 8, 1991, and the Downtown Association minutes of June 4 and 11, 1991. The motion passed unanimously. Mayor Kyser reminded the Council and general public of the Open House scheduled for Thursday, June 27th, to wish Administrator Quinn good luck in his new job. Ubrary Director Sprauer briefly reviewed the changes effective July 1, 1991 pertaining to the hours in which the library is open to the public and restructuring of the overdue materials policy. ¢ CHAMBER OF COMMERCE REPORT. Scott Nehring, representing the Chamber Board, provided the Council with a status report on the Founder's Day activities held June 7 - 9 at the Settlemier House. He also reported that final plans are being made for the Ag Tour in August with details to be released in July. Page 1 - Council Meeting Minutes, June 24, 1991 3A COUNCIL MEETING MINUTES June 24, 1991 TAPE READING 0202 STATUS REPORT- 1991 SUMMER MUSIC GAMES. Larry Kriegshauser, representing the Drums of Fire organization, requested Council sponsorship of the summer music games and inclusion of the event under the City's liability insurance policy. He reviewed the work done by organization to upgrade the Legion Park facility which included repainting of bleacher seats, purchase of portable bleachers, and completion of restroom and snack bar facilities. He stated that approximately 1,000 performers will be arriving in Woodburn on July 2nd and will leave the city following their performance on July 3rd. Shuttle buses will again be used to accommodate the spectators who wish to park at the High School or Senior Estates Clubhouse. 0348 Lt. Don Eubank advised the Council that over $5,000 has been raised to cover the cost of the fireworks display. Funds not used this year will be carried over until next year and used as seed money for soliciting additional funds. He also reviewed the activities scheduled for July 4th at Legion field and encouraged the public to participate in the activities. 0404 PUBLIC HEARING - CONTINUATION OF HEARING ON ANNEXATION, COMPREHENSIVE PLAN, AND ZONE MAP AMENDMENT OF PROPERTY LOCATED NEAR I-5. Mayor Kyser continued the public hearing at 7:17 p.m.. Community Development Director Goeckritz read a letter submitted by George Brice, representative of Prairie Corp, advising the City that he was unable to obtain the property owner consent form required under the annexation laws. Therefore, the staff recommended that this application be removed from the agenda. The Mayor declared the public hearing closed at 7:18 p.m.. JENNINGS/FIGLEY .... remove from the agenda until it can be brought back with the required consent form and readvertised. The motion passed unanimously. 0484 PUBLIC HEARING- COMMENTS ON SELECTION PROCESS FOR A NEW CITY ADMINISTRATOR. Mayor Kyser declared the public hearing open at 7:20 p.m.. He reviewed the proposed selection process which provides for Councilors Hagenauer, Sifuentez, and Jennings to select 12 candidates for the position. Following this selection process, appointed committee members would review those applications and select 5 individuals. The Co,,uncil would make the final selection for the position. The Mayor appointed the following citizens to serve on the committee: John Hudanish, Job Valverde, Wes Bauer, Keith Robinson, Dan Glennon, Mary Schultz, and Brent Reddaway. No comments were received from the public on the selection process. The hearing was declared closed at 7:22 p.m.. Page 2 - Council Meeting Minutes, June 24, 1991 COUNCIL MEETING MINUTES June 24, 1991 TAPE READING 0563 COUNCIL BILL 1311 - RESOLUTION AUTHORIZING APPROPRIATION 0656 TRANSFERS DURING FISCAL YEAR 1990-91. Council Bill 1311 was introduced by Hagenauer. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, Council Bill 1311 passed unanimously. Mayor Kyser declared the bill duly passed. COUNCIL BILL 1312 - ORDINANCE ADOPTING BUDGET FOR FISCAL YEAR 0792 1991-92, LEVYING TAXES, AND MAKING APPROPRIATIONS. Council Bill 1312 was introduced by Hagenauer. The two readings of the bill were read by title only since there were no objections from the Council. Administrator Quinn reviewed the revised budget appropriations based on current budgetary revenue/expenditure information. The property tax levy is proposed to be the same as approved by the Budget Committee pending voter approval of the one-year operating tax levy. On roll call vote for final passage, the bill passed unanimously. Mayor Kyser declared Council Bill 1312 duly passed with the emergency clause. COUNCIL BILL 1313 - RESOLUTION AUTHORIZING INTERDEPARTMENTAL BORROWING OF FUNDS FOR FISCAL YEAR 1990-91 TO BE REPAID IN O9O9 FISCAL YEAR 1991-92. Councilor Hagenauer introduced Council Bill 1313. Deputy Recorder Tennant read the bill by title only since there were no objections from the Council. Administrator Quinn advised the Council that grant funds had been requested to reimburse the Housing Rehabilitation Fund, however, it was not anticipated that sufficient revenues would be received by June 30th in order to meet necessary expenditures. On roll call vote for final passage, the bill passed unanimously. The Mayor declared Council Bill 1313 duly passed. COUNCIL BILL 1314- RESOLUTION AUTHORIZING SECOND ADDENDUM AGREEMENT WITH POGOLOWlTZ & ASSOCIATES FOR HOUSING REHABILITATION PROGRAM. Council Bill 1314 was introduced by Hagenauer. The bill was read by title only since there were no objections from the Council. Councilor Jennings expressed concern regarding continuation of the consultant services since he had been under the impression that the City would assume the administration of the program as of July 1st. Following a brief discussion, JENNINGS/GALVIN... table Council Bill 1314 until July 8, 1991. The motion passed unanimously. Page 3 - Council Meeting Minutes, June 24, 1991 3A COUNCIL MEETING MINUTES June 24, 1991 TAPE READING 0983 COUNCIL BILL 1315 - RESOLUTION AUTHORIZING ADDENDUM TO MEMORANDUM WITH POGOLOWlTZ & ASSOCIATION FOR ADMINISTRATION OF RENTAL REHABILITATION GRANT. Councilor Hagenauer introduced Council Bill 1315. The bill was read by title only since there were no objections from the Council. JENNINGS/GALVIN .... table Council bill 1315 until July 8, 1991. The motion passed unanimously. 1018 COUNCIL Blli 1316 - ORDINANCE ADOPTING PERSONNEL POLICY AND 1199 PROCEDURE MANUAL. Council Bill 1316 was introduced by Hagenauer. The two readings of the bill were read by title only since there were no objections from the Council. Administrator Quinn briefly reviewed his memo which highlighted changes to the prior policy manual. On roll call vote for final passage, Council Bill 1316 passed unanimously. Mayor Kyser declared the bill duly passed. COUNCIL BILL 1317 - RESOLUTION AUTHORIZING COMPENSATION PLAN 1348 FOR NON-UNION EMPLOYEES. Council Bill 1317 was introduced by Hagenauer. The bill was read by title only since there were no objections from the Council. Administrator Quinn reviewed the proposed compensation package which was within the parameters of the approved budget. On roll call vote for final passage, Council Bill 1317 passed unanimously. Mayor Kyser declared the bill duly passed. COUNCIL BILL 1318 - RESOLUTION AUTHORIZING AGREEMENT WITH TERRY RICHARDSON FOR COMPUTER SOFTWARE CONSULTING SERVICES. Council Bill 1318 was introduced by Councilor Hagenauer. The bill was read by title only since there were no objections from the Council. Councilor Jennings expressed concern regarding the hourly rate and travel time provisions within the proposed agreement. Finance Director Gritta stated that the City had paid travel time to other computer consultants. It was the consensus of the Council that Councilors Jennings, Figley, and Hagenauer would meet with Director Gritta to discuss the proposed agreement. FIGLEY/JENNINGS .... table Council Bill 1318 until J'uly 8, 1991. The motion passed unanimously. Page 4 - Council Meeting Minutes, June 24, 1991 3A COUNCIL MEETING MINUTES June 24, 1991 TAPE READING 1644 STORMWATER PROJECT UPDATE - HIGHWAY 214/PROGRESS WAY AREA. Administrator Quinn reviewed his memo to the Council regarding an agreement to be drafted by Attorney Shields pertaining to the storm drain improvement to properties located in the area of Hwy. 214 and Progress Way. Once the property owners have signed the agreement, it will be brought back to the Council for their review and acceptance. 17O5 APPOINTMENT OF INSURANCE AGENT OF RECORD. Proposals were submitted by the following insurance firms to perform insurance services to the City as our Agent of Record: Lenhardt & Associates, Sedgwick James, Huggins Insurance, and Alexander & Alexander, Inc.. Administrator Quinn recommended that the Council designate Alexander & Alexander, Inc. as the City's Agent of Record for the period of July 1, 1991 through June 30, 1994. JENNINGS/FIGLEY .... designate Alexander & Alexander as Agent of Record. The motion passed unanimously. 1727 CITY SPONSORSHIP OF CERTAIN JULY 3RD AND JULY 4TH ACTIVITIES. 1761 1781 1811 The staff recommended City sponsorship of the 1991 Summer Music Games on July 3rd and the July 4th activities, which includes fireworks, to be held at Legion Park and Woodburn high school. JENNINGS/HAGENAUER .... authorize extension of the City's liability insurance coverage for the events scheduled on July 3 and 4, 1991. The motion passed unanimously. BID AWARD - ABANDONMENT OF WELL #6. The staff recommended acceptance of the bid submitted by Schneider Equipment, Inc., in the amount of $8,520.00 for the abandonment of the well. JENNINGS/FIGLEY .... award the contract to Schneider Equipment Inc. in the amount of $8,520. The motion passed unanimously. ACCEPTANCE OF UTILITY EASEMENT. The proposed utility easement is located west of the Nazarene Church and is needed to construct improvements to the storm drain and, if needed, allow for the installation of a water line for looping of the water system. JENNINGS/FIGLEY... accept the utility easement from Darlene Mahan as presented and authorize payment of $4,950.00. Th, e motion passed unanimously. REQUEST FOR SOUND AMPLIFYING PERMIT. Hope Luthern Church requested permission to use sound amplifying equipment on July 13 and 14, 1991 during an outdoor youth concert and worship service to be held on their property. Page 5 - Council Meeting Minutes, June 24, 1991 3A COUNCIL MEETING MINUTES June 24, 1991 TAPE READING JENNINGS/FIGLEY... approve the sound amplifying permit to Hope Lutheran Church on the following dates and times: July 13, 1991 - 2:00 p.m. until 4:00 p.m., and on July 14, 1991 - 9:30 a.m. until 12:00 noon. The motion passed unanimously. 1836 EXECUTIVE SESSION. Mayor Kyser requested that this agenda item be tabled until the next meeting at which time all Council members would be present to discuss this issue. FIGLEY/GALVIN... table until July 8, 1991. The motion passed unanimously. 1900 APPROVAL OF CLAIMS FOR MAY 1991. JENNINGS/FIGLEY .... approve voucher checks #5397 - 5819 for the month of May 1991. The motion passed unanimously. 1926 Councilor Jennings requested, on behalf of the Downtown Association, that the Council approve closure of Hayes Street between Front and First Street on July 27th to accommodate Crazy Days activities downtown. JENNINGS/HAGENAUER .... approve the closure of Hayes Street between Front & First Streets on July 27th between 1:00 p.m. and 10:00 p.m.. The motion passed unanimously. Councilor Jennings also requested a workshop with Planning staff regarding the Rehabilitation program. It was the consensus of the Council that individual Councilors meet with staff to discuss the program prior to the July 8th meeting. 2O56 PRESENTATION - HOUSING REHABILITATION PROGRAM. A slide presentation was provided by Director Goeckritz and Housing Program Administrator Jeff Pogolowitz. They reviewed the number of homes rehabilitated since the start of the program in 1986 along with average costs to rehabilitate the homes. Of the total funds disbursed, approximately 5% were grants to homeowners who needed immediate repairs and were unable to repay the program due to their limited income. The remaining loan funds, plus accrued interest, will be repaid to the City when the homes are sold. Larry Minard, Lo~n Review Committee member, reviewed the work accomplished within the City to upgrade the existing housing stock. 2070 Councilor Figley expressed her appreciation to the 'staff and Loan Review Committee for their work in assisting homeowners to obtain the necessary funds to improve their homes. Page 6 - Council Meeting Minutes, June 24,. 1991 3A COUNCIL MEETING MINUTES June 24, 1991 TAPE READING 21 O4 Councilor Jennings expressed his appreciation to Administrator Quinn for the work he has accomplished over the last several years. He also thanked the Police Department for their assistance in providing traffic control when the Drums of Fire organization was installing brackets and banners on the utility poles. In addition, he strongly disagreed with the staff's decision to give the developer's of Stonehedge permission to continue on the project when the Fire Department was not in agreement with the continuation of the project until adequate water supply was available. 2232 Mayor Kyser stated that the City would miss Administrator Quinn and he encouraged the public to attend the Open House. 2263 ADJOURNMENT. The meeting adjourned at 8:27 p.m.. APPROVED Fred W. Kyser, Mayor ATTEST Mary Tennant, Deputy Recorder Page 7 - Council Meeting Minutes, June 24, 1991 3B MINUTES MONTHLY MEETING OF WOODBURN PUBLIC LIBRARY BOARD DATE: June 26, 1991 ROLL CALL: Phyllis Bauer - Present Joan Flomer - Present Gloria Predeek - Present Jean Weatherill- Excused Jan Zyryano{F - Excused STAFF PRESENT: Linda Sprauer, Director Judy Coreson, Recordin~ Secretary GUESTS: Judy 8runkal, Librarian CALL TO ORDER: President Joan Flomer called at 12:0S PM. the meetin~ to order SECRETARY'S REPORT: The monthly 8card minutes were approved as submitted. May 22, 1991 DIRECTOR'S REPORT: Monthly Statistics: The monthly statistics were sel~-explanatory. Circulation is continually increasing. The Oynix system shows a 10% increase over last year's circulation. Activities: A list oF activities was distributed to the Board. Judy Brunkal attended the meetin~ to report on the Teen Summer Contest, "MystlFyin~ Summer", which begins July 9 through August 8. The Children's Summer Reading Program, "Munch A Bunch OF Books", begins July 11. The library will be closed Thursday, July &. Roof Repair Project: The repair oF the roue in the area oF the ramps, where the two buildings Join, is nearin~ completion. However, as a result oF all the leakin~ over a period oF time, the entire roof o~ the "new" portion oF the building is needin~ to be replaced. Estimated cost is $18,000 to $20,000. Book Detection System: The book detection system is budgeted For the next '~iscal year to be purchased ~rom the Endowment Fund. Staff Updote: As of June 8, Linda Watson is the new Children's Librarian. Ulita Basar~in, a part- time Library Assistant, is on a Leave oF Absence for the summer as September. she will be in Europe until OLD BUSINESS: Budget: The City's 1991-92 budget pmssed. total reduction in the library's budget is $60,--- or t4% overall. The Liability Problem: Gloria inquired about the repair o? the sunken bricks around the tree at the 2nd Street entrance, which she brought to the Board's attention last January. Linde had asked the Parks Department to make the repairs, but it has not been accomplished as yet. NEW BUSINESS: None BUSINESS TO/FROM THE CITY COUNCIL AMD/OR MAYOR: None ADJOURNMENT: The meetin~ was adjourned at 1:30 PM. Respectf'ully Submitted, Judy Coreson Recording Secretary Library Board Minutes - 6/26/91 2 9A MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator Community Development Department Memorandum Agreement Amendment, Pogolowitz and Associates July 2, 1991 During the last four years, the City has secured community development block grant funds to rehabilitate over 125 housing units owned and occupied by Iow to moderate income families. In turn the City hired Pogolowitz & Associates to administer the program. This program is now coming to a close. On May 29, 1991 the Housing Rehabilitation Committee held their last meeting to appropriate the remaining loan funds. However, the construction phase off the program with the closeout of the loan agreements are not anticipated being finalized until September 30, 1991. This extended period of time beyond the June 30, 1991 completion date is primarily based on the fact that program income from the resale of rehabilitated homes had to be reloaned. Had the Housing Committee decided not to reloan the available funds, the City would have had to return approximately $60,000 to the State. This additional work load for the administration and construction of these loan projects necessitates an extension of time and additional funds. This would require the memorandum agreement with Pogolowitz and Associates be revised to reflect a September 30, 1991 closeout date. Staff, therefore, requests the city council approve the amended contract. In closing, it should be noted n_go city funds were ever appropriated to operate this program. SG:lg POGOLO.ME~ COUNCIL BILL NO. 1314 RESOLUTION NO. A RESOLUTION AUTHORIZING A SECOND ADDENDUM AGREEMENT WITH POGOLOWlTZ AND ASSOCIATES FOR ADMINISTRATION OF THE 1989 OREGON COMMUNITY DEVELOPMENT GRANT FOR HOUSING REHABILITATION. WHEREAS, the City of Woodburn executed a Memorandum Agreement per Council Bill 1152 and and Addendum per Council Bill 1265 with Pogolowitz and Associates for the administration of this 1989 housing rehabilitation grant; and WHEREAS, delays in construction and additional processing of rehabilitation loan applications caused additional work effort and time extensions; and WHEREAS, the Memorandum Agreement is in need of further adjustments; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the Mayor is authorized to execute a Second Addendum to the Memorandum Agreement, said addendum is a~ac~3ed, hereto, and by this reference incorporated herein.,r~ ,~,~//~_ ./.,.~ ...,) Approved as to form: City Attorney Date APPROVED: FRED W. KYSER, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, Deputy Recorder City of Woodburn, Oregon Page 1 - COUNCIL BILL NO. 1314 RESOLUTION NO. 9A 9A SECOND ADDENDUM TO MEMORANDUM AGREEMENT THIS ADDENDUM is made and entered into betweem the City of Woodburn, Oregon, 270 Montgomery Street, Woodburn, Oregon, hereinafter referred to as GRANTEE and Pogolowitz and Associates, 1932 S.E. 102nd Avenue, Portland, Oregon 97216, hereinafter referred to as CONTRACTOR. WITNESSETH: WHEREAS, GRANTEE and CONTRACTOR have previously executed a Memorandum Agreement per Council Bill 1152 and an Addendum per Council Bill 1265, which are attached as Exhibits "A" and "B" and by this reference incorporated herein, and WHEREAS, both parties desire to modify said Memorandum Agreement with this Second Addendum; NOW, THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein the parties agree as follows: I. CHANGE IN TERM OF AGREEMENT By execution of this Addendum the parties extend the term of the Memorandum Agreement from June 30, 1991 until September 30, 1991. II. CHANGE IN PAYMENT OF CONSIDERATION In consideration of CONTRACTOR'S satisfactory performance in carrying out the functions and activities described in the approved application for the extended time period of June 30 - September 30, 1991, GRANTEE shall pay the contractor a reasonable sum as provided in Exhibit "C" for the services of CONTRACTOR. The award for services shall not exceed NINE THOUSAND DOLLARS ($9,000.00) based on the hourly rate or the amount of available funds derived from additional funds provided by the State CDBG program or the pay back of loan funds, which ever is the lesser as of September 30, 1991 for the services in carrying out the approved activities described in the grant. It is expressly understood that the amount of consideration is based upon CONTRACTOR'S estimate of the cost to carry out the activities approved in the application and that the actual cost may be different than this amount. CONTRACTOR or GRANTEE may request changes in the amount of consideration provided to CONTRACTOR. Such changes must be mutually agreed upon by and between GRANTEE, and CONTRACTOR, and mu,.st be incorporated in written amendments to this agreement. Page 1 - SECOND ADDENDUM TO MEMORANDUM AGREEMENT 9A III. REMAINDER OF MEMORANDUM AGREEMENT IN FORCE AND EFFECT. With the exception of the modifications approved by the parties in this Addendum, the Memorandum Agreement previously executed by GRANTEE AND contractor, attached hereto and by this reference incorporated herein, remains in full force and effect. POGOLOWITZ & ASSOCIATES CITY OF WOODBURN Jeffrey D. Pogolowitz President Fred W. Kyser Mayor Date Date Page 2 - SECOND ADDENDUM TO MEMORANDUM AGREEMENT MEMORANDUM AGREEMENT THIS AGREEMENT made and entered into between the City of i~oodburn, Oregon, 270 I.~ntgomery Street, Woodburn, Oregon, hereinafter referred to as GRANTEE and Pogolowitz & Associates, 1932 S.E. 102nd Avenue, Portland, Oregon 97216, hereinafter referred to as CONTRACTOR. 14ITNESSETH: WHEREAS, GRANTEE received an Oregon Community Bevelopment Program Grant for housing rehabilitation activity on February 15, 1989; and WHEREAS, this Oregon Community Development Program Grant runs for a period of two years from .the date of "Letter of Approval" or until fundS are-exhaUsted-,--whichever occurs first;' and " '-' .... ~' .~WHEREAs,'L GRANTEE -' ~brrentiy ico~ra'CtJ! Wi~ .'C~'N~RAcTOR lOt"hOusing '""' rehabi.litation administration ·pursuant to seParate, grant contracts for the period of February 17, 1987-June 17, 1989; and March 2, 1988- March 2, 1990. NOW, THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein the parties agree as follows: I. II(lENT OF AGREF_~ It is the intent 6f this AGREEMENT for CONTRACTOR to provide technical assistance and services to GRANTEE, through the GRANTE.E'S Oregon Community Development Program. 'II~-'.t/ORK .TO' BE PERFORNEi) · 'CONTRACTOR ' '.s~a11, :in a ':satisfact°rY''''manner,'. '-carry out -~ho'se '--'- functions-an~ activities" de~6ribed ~n the Oregoh 'community '"' ' '.' Development Program Grant Application, aPpended hereto as Attachment I and, by this reference, incorporated herein. Page i - UEMORANDUM AGREEMENT Exhibit "A" GRANTEE or CONTRACTOR may request changes in the scope of the-services or CONTRACTOR to be performed hereunder. Such changes must be mutually agreed upon by and between the GRANTEE and CONTRACTOR and must be incorporated in written amendments to this AGREEMENT. 9A IV. STATUS OF CONTRACTOR The parties' agree that CONTRACTOR is a professional person and that the relation created by this contract is that of employer-independent contractor. CONTRACTOR is not an employee of GRANTEE and is not entitled to the benefits provided by GRANTEE to its employees, including but not limited to ~orker's compensation insurance, Unem- ployment insurance, health insurance, and retirement. CONTRACTOR may practice his p~ofession for others during those periods when · he is .not..Performing work under this agreement for :GRANTEE. . "V. ':CONSIDERATION."" "* " '"" ' *. -;- "*'.' '.' In. consideration of CONTRACTOR'S satisfactory.perf, omance in carrying out' the functions and 'activities described 'in the approved' apPiica- tion, GRANTEE shall pay the contractor a reasonable sum as provided in Attachment II for the services of CONTRACTOR. The award for services shall not exceed EIGHTY THOUSAND AND THIRTY-SEVEN DOLLARS ($80,037.00) for the services in carrying out the approved activities described in the Grant. Any consideration paid to CONTRACTOR is contingent upon GRANTEE ~ obtaining .. and ..-..accepting funds.: for .: CONTRACTOR,S '-'set, vices :~h.rough 'its 1988 :OregOn* CO~.Ofiity' O~el'Opment~'iGran~i ' I~ is 'exPressly'.~hderr sto~d*'that the' amount-of 'consid6rat~onl'.i'~"base~ upon ~ONTRACTOR.'S -'estimate .or-.the cost .to carry,out.)the' act~Vities"a'ppr°ve.d in-the' : 'a~piiCati°n'. and :that-'~he ~'a~tual". cbst-~a7-:be' dif. femnt-tha'n·.-.-th~S amount;' '¢ONIRA¢IOR'~.or :'GRANIEE' may request' Changes ':in'the' amOunt' of consideration provided to ¢ONIP&ClO~. Such changes must be mutually agreed upon by and between GP&NI[[, and ~ONIP&~IOR, and must be incorporated in written amendments to this AGR£EMENI. Page 2 - MEMORANDUM AGREEMENT Exhibit "A" VI. SCHEDULE AND MEItlO0 OF PAYNENT Subject to approval of the Grant Agreement by the State of Oregon or its authorized agent, CONTRACTOR shall request and draw funds for activities approved in the grant application. COHTRACTOR shall prepare and'submit all necessary documents including, 'but not limited to the "Request for Release of Funds", "Status of Funds Cash Request", or equivalent documents. VII. iiOLO HARMLESS CONTRACTOR agrees to defend, indemnify and hold harmless GRANTEE, its officers, agents, and employees, from and against a11 claims and demands for loss or damage arising out of or in:any way connected · wi th.. CONTRAC. TOR'.S. · services -purSuan. t' to- thi~- AGREEN. ENT~ .except for : 'cl aims· ari si ng.°ut 'of.-th~ ' l~egl i g~nt 'acts. or "0~11~ SSi ons 'of'GRANTEE. 1' ' m VIII. COt4PLIANCE gITH APPROVED PROGRAH All activities authorized by this AGREEHENT shall be performed in accordance with the approved work program, the approved budget, and the grant conditions and relevant Housing and Urban Development, Federal and State laws, regulations and directives. IX. .codes. of...State and .1.ocal. governments.. "* X. 'COMPLIANCE WITH."TITLE VI ANO VII, CIVIL RIGHTS 'RCT::*OFi;.lg64 '* '"..- :'" :!(A)' 'That'.,'~her~ '.w~ll 'be no. discrimination *agains't.'anY "emploYee COI~PLIANCE gITll LOCAL LAWS CONIRA¢IOR shall comply with all applicable laws, ordinances, and persons served--On account of race, color, *. sex., religioUs 'back- ground, ancestry or national orgin in its performance of this Contract. That CONTRACTOR shall comply with Title VI of the Civil Rights Act of 1964 {42 USC 200Od) in regard to persens served. Page 3 - NEMORANDUM AGREEMENT I~achibit "A" (c) That CONTRACTOR shall comply with Title VIII of the Civil Rights Act of 1964 (42 USC 2000e) in regard to employer or applicants for employment. ./ XI. COHPLIAtiCE WITH HOUSING ANO COI~HUNITY DE1/ELOPI4EIIT .ACT CONTRACTOR ~grees that the work to be performed under this contract is on a project assisted under a program providing direct federal financial assistance from the Department of Housing and Urban Develop- ment and is subject to the requirements of Section 3 of the Housing and. Urban Development Act of 1968, as amended, 12 USC 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income persons residing in the City.and :contracts .fOr::'w°rk :.in.connection Wtth'.t:he. projeCt be a~ar~ed' t'° :.'el i'gi'bl ei--bUgi nj§s "conce:rns: {vhi'ch' ..are- l°~ated in,': or .owned in substantial, part by-Persons residing.in:-.the. City ...... ' ..-,. . . XII. MINORITY BUSINESS ENTERPRISE COr~PLIAltCE CONTRACTOR agrees that affirmative steps must be taken to assure that small, minority and women-owned businesses and firms located in labor surplus areas are used when possible as sources of supplies, equipment, constFuction and services. Affirmative steps shall include the fol lowing: (A) Include any such qualified firms on solicitation lists. · -. (B). 'Assure '.that .such'..firms.' are sO.llic~ted: whenever 'theY:-are- potentia'~'-: ~ ~ .... "-' '" . .: -. .-:.- . ' ..-.: ~...~- .'. "' '.:" -.-'-'. '"": ".-" v-:":. ':~'.."::-'" ~' ::'.' '-'<L.i .'.. · " 'soUrces'. "i..'.'.' -' ''.'" "'. ' ," ..- -'. "' "- "(C)' ~/hen..'.'edonbmi'ca'ily feaSi~ie, diVide':".t.0tAl: requirements. into" Smalier. tasks ior:'quaiitities' so as to. permit -su~h firmsl.eaximum ' ....' '- oPportdni'~'ii~s'. fo~ ~artic'ipation' th'~Ough :subco'nt~actin~.'"' "' (D) ' Whe're :pos'sj ble ~:.-establ i-sh' jeli very sChedt~l es W~i ch. Wil 1 e~courage ' such participation. (E) Use the services and assistance of the Small Business Adminis- tration, the Office of Minority Business E~nterprise (Department of Commerce), the Community Services Admi, nistration and other sources when appropriate. Page 4 - MEf. IORANDUM AGREEMENT Exhibit "A" XlII. Co.IPLIA~CE Will( CODE OF CONDUCT CONTRACTOR agrees to comply with the "Code of Conduct" adopted by GRANTEE in Resolution 917 which is appended hereto as Attachment III and, by this reference, incorporated herein. XIV. ACCESS TO RECORDS GRAN~EE, the State of Oregon, the U.S. DePartment of Housing and Urban Development, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of CONTRACTOR which are directly pertinent to this specific contract, for the purpose of making audit, examination, excerpts, and transcriptions. All required records must be maintained by CONTRACTOR for three years after GRANTEE makes final .payments and all other pen~ding, matters are"clos .. ...: . ....... .:...., >. . . :.; . XV. 'TERHIllATIOH OF CONTRACT · . Either pa.r~ty to..this AGREEMENT may,- by. giving 60 days' wr. itten notice, terminate this AGREEMENT, at its option, in whole or in part without cause. In the event of such termination, all property and finished or unfinished documents, data, studies, and reports .purchased or prepared by CONTRACTOR under this AGREEMENT become the property ~of and shall 'be remitted to GRANTEE, and CONTRACTOR shall be entitled to compen- sation for any unreimbursed expenses reasonable and necessarily incurred in satisfactorY performance of the contract. · - ....,.... ... ~;., ..... : ,-...';...:.'.--. I.'-"XVI,. ASSiGNlqENT.;.;"';"'-.' '" ':'"'" "' ..... -' '~' "-: "' ' The'- rights" and 'duties 'of" the parties hereundeF' are 'persona!." and -. shall not. be 'assignable by either '-party .WithOut the' expre.ss written... · '~ consent of the;.Other. party..." .;" .. XVII. ESCAPE NOTICES Any notice, request, demand or other communication hereunder shall be in writing and shall be deemed to be duly given when personally delivered to the Woodburn City Administrator Pogolowitz & Associates 270 Montgomery Street 1932 S:E. 102nd Avenue Woodburn, Oregon 97071 Portland, Oregon 97216 Page 5 - MEMORANDUM AGREEMENT Exhibit "A" 9A XVIII. SAVINGS CLAUSE Should any valid federal or state law or final determination of any administrative agency or court of competent jurisdiction affect any provision of this agreement, the provisions so affected shall be automatically conformed to the law or determination and otherwise this agreement shall continue in full force and affect. XIX. ENTI~ AGP, EEiIENT This AGREEMENT constitutes the entire understanding of the parties wi th respect to the subject matter thereto superseding all negotiations, prior discussions and preliminary agreements made prior to this date. All modifications of. this A..GREEMENT shall be ·. 'in"Wr:i.ting 'andl ghall "bl signed 'b'y .anl. aUthorized. representative :of POGOLOWITZ & ASSOCIATES ~~jK E)<. Pog~.~(~z, .~resi den Date Michael Quinn,-'City Administrator Date Date Page 6 - MEMORANDUM AGREEMENT l~.xhibit "A" 9A ADDENDUM TO MEMORANDUM AGREEMENT THIS ADDENDUM made and entered into between the City of Woodburn, Oregon, 270 Montgomery Street, Woodburn, Oregon, hereinafter referred to as GRANTEE and Pogolowitz and Associates, 1932 S.E. 102nd Avenue, Portland, Oregon, 97216, hereinafter referred to as CONTRACTOR. WITNESSETH: WHEREAS, GRANTEE and CONTRACTOR have previously executed a Memorandum Agreement which is attached hereto as exhibit "A" and, by this reference, incorporated herein, and WHEREAS, both parties desire to modify said Memorandum Agreement with this Addendum; NOW, THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein the parties agree as follows: I. CHANGE IN TERM OF AGREEMENT By execution of this Addendum the parties extend the term of the Memorandum Agreement from Februrary 15, 1991 until June 30, 1991. II. CHANGE IN PAYMENT OF CONSIDERATION Paragraph V, "Consideration," of the Memorandum Agreement shall no longer be in force and effect and shall be replaced by this paragraph. In consideration of CONTRACTOR'S satisfactory performance in carrying out the functions and activities described in the approved application, GRANTEE shall pay the contractor a reasonable sum as provided in exhibit "B" for the services of CONTRACTOR. The award for services shall not exceed TWENTY EIGHT THOUSAND DOLLARS ($28,000.00) or the amount of available funds derived from the pay back of loan funds whichever is the lesser as of June 30, 1991 for the services in carrying out the approved activities described in the grant. It is expressly understood that the amount of cqnsideration is based upon CONTRACTOR'S estimate of the cost to carry out the activities approved in the application and that the actual cost may be different than this amount. CONTRACTOR or GRANTEE may request changes in the amoUnt of consideration Page 1 - ADDENDUM TO MEMORANDUM AGREEMENT Exhibit "B" provided to CONTRACTOR. Such changes must be mutually agreed upon by and between GRANTEE, AND contractor, and must be incorporated in written amendments to this agreement. III. REMAINDER OF MEMORANDUM AGREEMENT IN FORCE AND EFFECT. With the exception of the modifications approved by the parties in this Addendum, the Memorandum Agreement previously executed by GRANTEE and CONTRACTOR, attached hereto and by this reference incorporated herein, remains in full force and effect. POGOLOWITZ & ASSOCIATES ~D:'. l:~go~, ~re~ident D~te ' CITY OF WOODBURN Michael Quinn, C~ Administrator Date Fred W. Kyser, -/2 Date Page 2 - ADDENDUM TO MEMORANDUM AGREEMENT F~hibit "B" 9A The Housing Contractor's hourley rate is $35.00. The Housing Specialist receives, since March 1, 1991, $13.00 per hour from the Contractor. EXHIBIT "C" 9B MEMO TO: FROM: S U BJ ECT: City Council through City Administrator Community Development Department Time Extension for the HUD Rental Rehabilitation Program until September 30, 1991 DATE: July 2, 1991 The City of Woodburn secured from HUD $148,000 to rehabilitate rental housing units. At this time approximately $100,000 has been appropriated to rehab 30 multifamily units. Since a number of applicants that applied did not follow through on their financial commitments to secure 50% of the construction funds from private lenders, that unappropriated amount, approximately $48,000, will be returned to HUD. However, the construction phase of the approved appropriation will most likely not be finalized until late September; therefore, the staff requests the City Council give a time extension to September 30, 1991 of the Pogolowitz and Associates contract. Again, no city funds are, or were, utilized in this program. SG:Ig POGORENT.HUD 9B COUNCIL BILL NO. 1315 RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF AN ADDENDUM AGREEMENT WITH POGOLOWI'I-Z AND ASSOCIATES FOR ADMINISTRATION OF THE RENTAL REHABILITATION PROGRAM. WHEREAS, the City previously executed a Memorandum Agreement per Council Bill 1198 with Pogolowitz and Associates for the administration of a rental rehabilitation grant; and WHEREAS, certain changes in this Memorandum Agreement are now deemed necessary; NOW, THEREFORE, Section 1. That the Mayor is authorized to execute an Addendum to the Memorandum Agreement, said Addendum is attached hereto, and by this reference, incorporated herein. Approved as to form=: ~'/'' ' City Attorney Date APPROVED: FRED W. KYSER, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, Deputy Recorder City of Woodburn, Oregon Page 1 - COUNCIL BILL NO. 1315 RESOLUTION NO. 9B ADDENDUM TO MEMORANDUM AGREEMENT THIS ADDENDUM made and entered into between the City of Woodburn, Oregon, 270 Montgomery Street, Woodburn, Oregon, hereinafter referred to as GRANTEE and Pogolowitz and Associates, 1932 S.E. 102nd Avenue, Portland, Oregon, 97216, hereinafter referred to as CONTRACTOR. WITNESSETH: WHEREAS, GRANTEE and CONTRACTOR have previously executed a Memorandum Agreement per Council Bill 1198 regarding rental rehabilitation which is attached hereto as exhibit "A" and, by this reference, incorporated herein, and WHEREAS, both parties desire to modify said Memorandum Agreement with this Addendum; NOW, THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein the parties agree as follows: I. CHANGE IN TERM OF AGREEMENT By execution of this Addendum the parties extend the term of the Memorandum Agreement from October 4, 1990 until September 30, 1991. II. REMAINDER OF MEMORANDUM AGREEMENT IN FORCE AND EFFECT. With the exception of the modifications approved by the parties in this Addendum, the Memorandum Agreement previously executed by GRANTEE and CONTRACTOR, attached hereto and by this reference incorporated herein, remains in full force and effect. POGOLOWITZ & ASSOCIATES CITY OF WOODBURN Jeffrey D. Pogolowitz, President Fred W. Kyser, Mayor Date Date Page I - ADDENDUM TO MEMORANDUM AGREEMENT HEMORANDUM AGREEMENT THIS AGREEMENT made and entered into between the City of Woodburn, Oregon, 270 Montgomery Street, Woodburn, Oregon, hereinafter referred to as GRANTEE and Pogolowitz & Associates, 1932 S.E. 102nd Avenue, Portland, Oregon 97216, hereinafter referred to as CONTRACTOR. WITNESSETH: WHEREAS, GRANTEE received a U.S. Department of Housing and Urban Development (HUD) Program Grant for rental rehabilitation activity on October 4, 1989; and WHEREAS, this HUD Rental Rehabilitation Program Grant runs for a period of one year from the date of "Funding Approval" or until funds are exhausted, whichever occurs first; and WHEREAS, GRANTEE currently contracts with CONTRACTOR for housing rehabilitation administration pursuant to separate grant contracts for the period of March 2, 1988 - March 2, 1990; and February 15, 1989 - February 15, 1991. NOW, THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein the parties agree as follows: I. INTENT OF AGREEMENT It is the intent of this AGREEMENT for CONTRACTOR to provide technical assistance and services to GRANTEE, through the GRANTEE'S HUD Rental Rehabilitation Program. II. TERM OF AGREEMENT The term of this AGREEMENT is from October 4, 1989, until October 4, 1990. III. WORK TO BE PERFORMED CONTRACTOR shall, in a satisfactory manner, carry out those functions and activities described in the HUD Rental Rehabilitation Program Grant Application, appended hereto as Attachment I and, by this reference, incorporated herein. Page I - MEMORANDUM AGREEMENT E×hiblt "A" GRANTEE or CONTRACTOR may request changes in the scope of the services or CONTRACTOR to be performed hereunder. Such changes must be mutually agreed upon by and between the GRANTEE and CONTRACTOR and must be incorporated in written amendments to this AGREEMENT. IV. STATUS OF CONTRACTOR The parties agree that CONTRACTOR is a professional person and that the relation created by this contract is that of employer-independent contractor. CONTRACTOR is not an employee of GRANTEE and is not entitled to the benefits provided by GRANTEE to its employees, including but not limited to worker's compensation insurance, unem- ployment insurance, health insurance, and retirement. CONTRACTOR may practice his profession for others during those periods when he is not performing work under this agreement for GRANTEE. V. CONSIDERATION In consideration of CONTRACTOR'S satisfactory performance in carrying out the functions and activities described in the approved applica- tion, GRANTEE shall pay the contractor a reasonable sum as provided in Attachment II for the services of CONTRACTOR. The award for services shall not exceed TWENTY THOUSAND SIX HUNDRED AND TWENTY EIGHT DOLLARS ($20,628.00) for the services in carrying out the approved activities described in the Grant. Any consideration paid to CONTRACTOR is contingent upon GRANTEE obtaining and accepting funds for CONTRACTOR'S services through its 1989 HUD Rental Rehabilitation Grant. It is expressly under- stood that the amount of consideration is based upon CONTRACTOR'S estimate of the cost to carry out the activities approved in the application and that the actual cost may be different than this amount. CONTRACTOR or GRANTEE may request changes in the amount of consideration provided to CONTRACTOR. Such changes must be mutually agreed upon by and between GRANTEE, and CONTRACTOR, and must be incorporated in written amendments to th~s AGREEMENT. Page 2 - MEMORANDUM AGREEMENT Exhibit VI. SCHEDULE AND METHOD OF PATHENT Subject to approval of the Grant Agreement by the U.S. Department of Housing and Urban Development, CONTRACTOR shall request and draw funds for activities approved in the grant application. CONTRACTOR shall prepare and submit all necessary documents including, but not limited to the "Payment Voucher", "Pre-Rehabilitation Report", "Project Completion Report" or equivalent. VI I. HOLD HARlqLESS CONTRACTOR agrees to defend, indemnify and hold harmless GRANTEE, its officers, agents, and employees, from and against all claims and demands for loss or damage arising out of or in any way connected with CONTRACTOR'S services pursuant to this AGREEMENT, except for claims arising out of the negligent acts or ommissions of GRANTEE. VIII. COlqPLIANCE WITH APPROVED PROGRAM All activities authorized by this AGREEMENT shall be performed in accordance with the approved work program, the approved budget, and the grant conditions and relevant Housing and Urban Development, Federal and State laws, regulations and directives. IX. Xe COMPLIANCE WITH LOCAL LAWS CONTRACTOR shall comply with all applicable laws, ordinances, and codes of State and local governments. COMPLIANCE WITH TITLE VI AND VII, CIVIL RIGHTS ACT OF 1964 CONTRACTOR agrees: (A) That there will be no discrimination against any employee or persons served on account of race, color, sex, religious back- ground, ancestry or national orgin in its performance of this Contract. (B) That CONTRACTOR shall comply with Title VI of the Civil Rights Act of 1964 (42 USC 200Od) in regard to persons served. Page 3 - MEMORANDUM AGREEMENT Exhibit "A" XI. (c) That CONTRACTOR shall comply with Title VIII or.the Civil Rights Act of 1964 (42 USC 2000e) in regard to employer or applicants for employment. COMPLIANCE Will( HOUSING AND CO(I~UNITY DEVELOPMENT ACT CONTRACTOR agrees that the work to be performed under this contract is on a project assisted under a program providing direct federal financial assistance from the Department of Housing and Urban Develop- ment and is subject to the requirements of Section $ of the Housing and Urban Development Act of 1968, as amended, 12 USC 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income persons residing in the City and contracts for work in connection with the project be awarded to eligible business concerns which are located in, Dr owned in substantial part by persons residing in the City. XII. MINORITY BUSINESS ENTERPRISE COMPLIANCE CONTRACTOR agrees that affirmative steps must be taken to assure that small, minority and women-owned businesses and firms located in labor surplus areas are used when possible as sources of supplies, equipment, construction and services. Affirmative steps shall include the following: (A) Include any such qualified firms on solicitation lists. (B) Assure that such firms are solicited whenever they are potential sources. (C) When economically feasible, divide total requirements into smaller tasks or quantities so as to permit such firms maximum opportunities for participation through subcontracting. (D) Where possible, establish delivery schedules which will encourage such participation. (E) Use the services and assistance of the Small Business Adminis- tration, the Office of Minority Business.,£nterprise (Department of Commerce), the Community Services Administration and other sources when appropriate. Page 4 - MEMORANDUM AGREEMENT ~xhibit "A" XIII. COMPLIANCE WIlll CODE OF CONDUCT CONTRACTOR agrees to comply with the "Code of Conduct" adopted by GRANTEE in Resolution 917 which is appended hereto as Attachment III and, by this reference, incorporated herein. XIV. ACCESS TO RECORDS GRANTEE, the State of Oregon, the U.S. Department of Housing and Urban Development, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of CONTRACTOR which are directly pertinent to this specific contract, for the purpose of making audit, examination, excerpts, and transcriptions. All required records must be maintained by CONTRACTOR for three years after GRANTEE makes final payments and all other pending matters are closed. XV. llERMINATION OF CONTRACT Either party to this AGREEMENT may, by giving 60 days written notice, terminate this AGREEMENT, at its option, in whole or in part without cause. In the event of such termination, all property and finished or unfinished documents, data, studies, and reports purchased or prepared by CONTRACTOR under this AGREEMENT become the property of and shall be remitted to GRANTEE, and CONTRACTOR shall be entitled to compen- sation for any unreimbursed expenses reasonable and necessarily incurred in satisfactory performance of the contract. XVI. ASSIGNMENT The rights and duties of the parties hereunder are personal and shall not be assignable by either party without the express written consent of the other party. XVII. ESCAPE NOTICES Any notice, request, demand or other communication hereunder shall be in writing and shall be deemed to be duly given when personally delivered to the Woodburn City Administrator 270 Montgomery Street Woodburn, Oregon 97071 Page 5 - MEMORANDUM AGREEMENT Pogolowitz & Associates 1932 S.E. 102nd Avenue Portland, Oregon 97216 Exhibit "A" XVIII o SAVINGS CLAUSE Should any valid federal or state law or final determination of any administrative agency or court of competent jurisdiction affect any provision of this agreement, the provisions so affected shall be automatically conformed to the law or determination and otherwise this agreement shall continue in full force and affect. XIX. ENTIRE AGREEINENT This AGREEMENT constitutes the entire understanding of the parties wi th respect to the subject matter thereto superseding all negotiations, prior discussions and preliminary agreements made prior to this date. All modifications of this AGREEMEriT shall be in writing and shall be signed by an authorized representative of each party. POGOLOWITZ & ASSOCIATES ~f f~9~f'J~)~. -Pogo¥o~Fi tz, 'Pre s i dent Dat ~ CITY OF WOODBURN . ,,-' "~.~,.,d~,.. (-" 6 / _..-~-~'. --..~- ~. Michael Quinn-;~gity Administrator Nancy A. K'irksey, Mayor February 27, 1990 Date Page 6 - MEMORANDUM AGREEMENT Exhibit :'A" 9C COUNCIL BILL NO. 1318 RESOLUTION NO. A RESOLUTION AUTHORIZING AN AGREEMENT WITH TERRY L. RICHARDSON AS A COMPUTER SOFTWARE CONSULTANT. WHEREAS, Terry L. Richardson has worked closely with the City in computer matters over several months; and WHEREAS, Mr. Richardson is qualified to provide computer consulting services to the City on an hourly basis; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: SECTION 1. That the Mayor and Deputy City Recorder are authorized to sign and execute the attached agreement for computer consulting services with Terry L. Richardson.~~ at~ee/z /~, o Approved as to form.'- City Attorney D APPROVED: FRED W. KYSER, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, Deputy Recorder City of Woodburn, Oregon Page I - COUNCIL BILL NO. RESOLUTION NO. AGREEMENT FOR COMPUTER SOFTWARE CONSULTANT II. III. IV. Parties This Agreement, hereinafter "Agreement", is made and entered into as of , 1991, by and between the CITY OF WOODBURN, a municipal corporation of the State of Oregon, hereinafter "City," and TERRY L. RICHARDSON, a computer software consultant, hereinafter "Contractor." The parties intend to create an "owner-independent contractor" relationship. Although it is understood that City retains general supervisory control over Contractor's work, for most purposes Contractor will perform services described in this agreement while exercising independent judgment as to the manner of .performance. Term Provisions The term of this agreement shall commence on July 8, 1991, and shall continue until June 30, 1992. This agreement may be then renewed by mutual agreement of the parties for one year periods. Either party may terminate this agreement for any reason by giving the other party thirty (30) days prior written notice. Description of Duties Contractor represents that he is fully qualified, without benefit of further training or experience, to perform duties as a computer software consultant for City. Compensation City agrees to pay Terry L. Richardson the sum of $1920.00 in one installment on or before July 15, 1991 for support of City's computer system software located at City Hall, Woodburn, Oregon. Contract price includes 12 months service at $160.00 per month. This contract includes one trip per month to the City of Woodburn, Oregon from July 1, 1991 through June 30, 1992. Four hours of programming, hardware delivery or general computer related consulting to be determined by the city of Woodburn and Terry L. Richardson will be performed during each monthly trip, additional consulting over the monthly four hours will be performed at half price of $25.00 per hour. , ,~ AGREEMENT- Page 1 of 3 9C V= Benefits Since it is understood by the parties that Contractor is an independent contractor, Contractor shall not be entitled to and hereby expressly waives any claim to vacation, medical or dental benefits, life insurance, accumulated sick leave, retirement benefits or any other benet"~ or advantage associated with or offered by City to employees. VI. Assignment VII. VIII. The rights and duties of the parties hereunder are personal and shall not be assignable by either party without the express written consent of the other party. Entire Aqreement This agreement supersedes all prior agreements between the parties concerning the services provided herein, and this agreement constitutes the entire agreement between the parties with respect thereto. This agreement may be modified only with a written instrument duly executed by each of the parties. Notices All notices required by or related to this agreement shall be deemed to have been properly given when delivered personally or sent by mail, with all postage full prepaid to the parties hereto at their respective addresses set forth below, or at such other address as may be furnished by either party to the other in writing: Nancy K. Gritta, Finance Director 270 Montgomery St. Woodburn, Or 97071 Terry L. Richardson 25506 N. W. 41st Ave. Ridgefield, WA 98642 IX. Severability If any provision or part of this agreement shall be declared illegal, void, or unenforceable, the remaining provision shall continue in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first set forth above. ~ AGREEMENT - Page 2 of 3 9C CITY OF WOODBURN, OREGON BY: Date: Fred W. Kyser, Mayor TERRY L RICHARDSON BY: Terry L. Richardson Date: A'lq'EST: Mary Tennant, Deputy Recorder AGREEMENT - Page 3 of 3 llA MEMO DATE: TO: FROM: SUBJECT: July 2, 1991 Mayor and City Council Mary Tennant, Deputy Recorder Contractual Services Agreement At your June 24th meeting, Alexander & Alexander, Inc. was appointed as the City's Insurance Agent of Record for the period of July 1, 1991 through June 30, 1994. Attached is a contractual services agreement for your consideration. This agreement contains the same language as agreed upon within the previous agreement, however, it does provide for a reduced commission fee from $4,250 to $4,000. Any commissions recieved by Alexander & Alexander through insurers, excluding Workers' Comp., will be used to offset the fee and excess commissions, if any, will be carried over to offset fees for the following year. llA COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION ENTERING INTO A CONTRACTUAL SERVICES AGREEMENT AND DESIGNATING ALEXANDER AND ALEXANDER, INC., AS INSURANCE AGENT OF RECORD. WHEREAS, the City is required to appoint an insurance agent of record every three years, and WHEREAS, the City Recorder has requested proposals from interested firms who are capable of providing adequate service, and WHEREAS, following an evaluation of the proposals it has been determined that Alexander & Alexander, Inc. would provide the City with an acceptable level of service, now, therefore, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into an agreement with Alexander & Alexander, Inc. retaining that firm as the City's Insurance Agent of Record. Section 2. That the terms and conditions of said agreement are hereby adopted. The entire agreement being appended to this resolution, and, by reference, incorporated herein. Section 3. That the Mayor is authorized to execute and the City Administrator, or his designee, to administer said~gree~n behalf of the City. Approved as to form..~.(-'~~ ~~ '") ~ City Attorney Date APPROVED FRED W. KYSER, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST Mary Tennant, Deputy Recorder City of Woodburn, Oregon Page 1 - COUNCIL BILL NO. RESOLUTION NO. 11A CONTRACTUAL SERVICES AGREEMENT THIS AGREEMENT, entered into this first day of July 1991, by and between the City of Woodbum, hereinafter referred to as 'Client', and Alexander & Alexander Inc., hereinafter referred to as 'Agent'. WITNES SETH WHEREAS, the Client intends to engage and does hereby engage Agent to serve as Client's Insurance Agent of Record. NOW THEREFORE, for the consideration hereinafter set forth, it is agreed by and between the parties as follows: The Agent shall provide professional services to the Client as follows: Supervise the placement and service of all Client's bonds and insurance, with the exception of Employee benefits and Workers' Compensation, including, but not limited to, services as outlined in Agent's Proposal to Client, dated June 12, 1991. II, The Client agrees to compensate the Agent in the following manner: As consideration for services, City of Woodbum agrees to pay Alexander & Alexander Inc. an annual fee of $4,000, payable within thirty (30) days of receipt of the statement from Alexander & Alexander Inc., with respect to the brokerage services to be provided hereunder, Alexander & Alexander agrees, subject to all relevant market conditions, to use its best efforts to obtain insurance coverage for Client on the basis of a net premium without commissions payable to Alexander & Alexander. In the event Alexander & Alexander is required, by agreements with insurers or other- wise, to receive commissions on any such coverage obtained, Alexander & Alexander agrees, if and to the extent permitted by the law applicable to such insurance tran- sactions, to credit all such commissions received against, and as a credit to the, fees described above. To the extent that the commissions received by Alexander & Alexander during the term of this agreement exceed the fees due Alexander & Alexander for said term shall be carried over and credited to the next year's fees payable by the City to Alexander & Alexander. In the event that any mergers or acquisitions are'made by the Client which result in a material increase in responsibilities and time spent by Alexander & -Page 1- llA Alexander beyond the original contemplation of the parties, the fee set forth above shall be subject to renegotiafion. The Client agrees: (a) (b) (c) III. To assist Agent by placing at Ms/her disposal available written data per- tinent to the proposed project or service. To guarantee access to the Client's property and records as required by the Agent to perform his/her services under this agreement. To give prompt notice to Agent whenever the Client observes or otherwise becomes aware of any defidency in the proposed project or services. The Agent and the Client agree: (a) Agent shall commence performance under this agreement by July 1, 1991. (b) In the event a suit or action is instituted by either party to procure any remedy for breach hereof, it is understood and agreed by the parties hereto that the prevailing party shall be awarded such sum as the court may adjudge as reasonable attorney's fees in such suit or action, including fees on appeal. (c) The additional provisions as set forth in Exhibit 'A' as attached hereto are made a part of this agreement. (d) Either party may cancel this agreement by giving ninety (90) days written notice. (e) This agreement will expire on June 30, 1994. IN WITNESS WHEREOF, the parties hereto have made and executed this agreement the day and year fn'st a~ve written. GENT: Alexander & Alexander Inc. -('Account Executive CLIENT: City of Woodbum City Administrator -Page 2- CITY OF WOODBURN INSURANCE CONSULTANT Job Description General Statement of Duties Responsible for the purchase and service of insurance on behalf of the City of Woodburn and to aid the City Risk Management Coordinator in carrying out his/her duties. Supervision Received Under supervision of the City Risk Management Coordinator, who will approve all major transactions relating to insurance. Authority Exercised To communicate and negotiate with insurance companies and insurance related ser- vice organi~,ations on behalf of the City, including divulging City information per- tinent to underwriting and procurement of data held by such company or organization on the City's behalf. Examples of Duties Performed (The examples do not include all duties which may be performed) Assist the Risk Management Coordinator in identifying the City's risks, including: valuation of real and personal property and loss of use thereof; identifying risks from insurance company claim records. Meet with the Risk Management Coordinator and Claims Adjuster 60 days in advance of the major policy renewal date to review the policies and plans for renewal. Meet quarterly for the same purpose during the policy year. o Assist the Risk Management Coordinator in risk evaluation by supplying insurance claims data showing claims and severity as needed. The claims adjusting agency will provide the City Insurance Consultant repons on a quarterly basis. The City Insurance Consultant will provide a loss report of insured exposures, particularly property, on a quarterly basis. Continued .... -Page 1- llA Assist the Risk Management Coordinator in risk reduction efforts by coor- dinating (expediting) loss prevention services. The City Insurance Consultant will see that boiler machinery is inspected and annually a copy of the report delivered to the Risk Management Coordinator. The City Insurance Consultant will see that loss control services are provided on City property and a report submitted annually. Assist the Risk Management Coordinator in insurance purchase and service by: Ao Devdop a complete set of insurance specifications including required coverages, desired forms, deductibles and limits. Bo Develop a City Risk Management Program guidelines manual to include claims handling procedure. Present specifications to insurance markets and negotiate premiums and coverage. D. Analyze insurance company fiscal stability. Provide competitive quotations in spread sheet format detailing and comparing coverage forms and pricing. Review Quotes for conformance with specs. All quotes to be provided net of commission. If net quotes are not possible, then commission is to be declared and offset against fee. F. Service policy changes as required. Assist Risk Management Coordinator in control of risk management process by: providing insurance claims information and providing estimates of future premium amounts for budgeting. Provide a back-up service person who is continually updated on the status of the City's insurance program. Devdop and maintain a detailed specifications manual for insurance marketing purposes. (See Item 5 B) Provide annual report on marketing efforts~ with reasons for coverage design. -Page 2- 11B MEMO TO: FROM: SUBJECT: DATE: City Council Steve Goeckritz, Community Development Director Proposal for Reapportionment Services July 3, 1991 Background The City of Woodburn is one of several local jurisdictions faced with the need to redraw the boundaries of the zones represented by local officials. The reason for adjusting voter precinct boundaries at this time is that the 1990 Census Data is now available and representation needs to be equalized between the zones. This equalization of representation is known as reapportionment and is a requirement under Oregon state law. The Census Data used for reapportionment is broken down into small geographic areas called blocks. Block Data was not available outside of the Salem/Keizer area in prior years. Block Data will allow equalization of zones with increased accuracy while greatly increasing the amount of data that needs to be managed. The Council of Governments was requested by the Marion County Elections Supervisor to determine if the impacted local jurisdictions could coordinate their reapportionment activities. The concern was that past problems could be avoided and compatibility with proposed precinct boundaries and state legislative boundaries could be achieved. The Council of Governments staff contacted the local jurisdictions and discussed the options available for achieving reapportionment. There was agreement that there were advantages to cooperating. There was also interest expressed in designating the COG to coordinate the process and perform the technical grouping of census data into zones based upon criteria supplied by the individual jurisdictions. Proposed Scope of Work It is proposed that computer software specifically designed for reapportionment activities and analysis of Census Data be used in this effort. COG has decided to purchase the "ReapS" Redistricting System from Logistic Systems, Inc., to best meet the needs of participating jurisdictions. This software allows census blocks to be split by jurisdictional and precinct boundaries, allows the inclusion of street names on printed macs, and allows the computerized census bureau maps to be updated or corrected. This software also allows the use of TIGER map files and census information provided to us by the Census Bureau, which is a significant cost savings. Page 1 - Reapportionment Proposal lib The main effort in this approach will be to enter the various jurisdictional boundaries and the precinct boundaries into the computer system. Once these boundaries are entered, data can be readily grouped and summarized. Draft reapportionment plans will be quickly and easily developed once the major boundaries are part of the system. Under the proposed agreement, COG will purchase the software, input the boundary data, prepare two draft reapportionment plans, and prepare maps and descriptions of the adopted plan. The City's share of the cost to perform these services is $2,465.00. If additional draft plans are required, COG will charge $140 for each plan. The draft plans will be submitted to the City by August 31, 1991 for their review. Adoption of a final reapportionment plan should be accomplished no later than December 31, 1991. SG:Ig REAPPOR,SG Page 2 - Reapportionment Proposal 1lB COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION AUTHORIZING AN AGREEMENT WITH MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS FOR REAPPORTIONMENT DATA SERVICES. WHEREAS, ORS 190.010 authorizes units of local government to enter into cooperative agreements for the performance of functions and activities to better serve the community, and WHEREAS, the City is required to reapportion its six Council Wards to reflect most recent census data every decade, now, therefore THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the Mayor is authorized to execute an intergovernmental agreement with Mid-Willamette Valley Council of Governments (COG) for reapportionment data services, a copy of which is attached for reference. Approved as to form: City Attorney Date APPROVED FRED W. KYSER, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the office of the Recorder ATTEST Mary Tennant, Deputy Recorder City of Woodburn, Oregon Page 1 - COUNCIL BILL NO. RESOLUTION NO. lib CONTRACT REAPPORTIONMENT DATA SERVICES THIS AGREEMENT is made and entered into by and between the CITY OF WOODBURN ("WOODBURN"), and the MID WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS ("COG"), a voluntary intergovernmental association created byCharter and Agreement pursuant to ORS Chapter 190. IN CONSIDERATION of the mutual premises and stipulations set out below, WOODBURN and COG do hereby agree as follows: A. COG Responsibilities COG shall assist WOODBURN in reapportioning its zones to reflect the data available from the 1990 Census by: 1. Purchasing software designed specifically for redistricting activities. The cost of this software will be shared by other COG members participating in this cooperative project. 2. Inputting City boundary, existing zone boundaries and elected official residence locations into the computer. 3. Preparing two reapportionment plans using criteria provided by WOODBURN. Demographic reports for the zones in the draft plans will be prepared. COG will submit these two draft plans to WOODBURN by August 31, 1991. If WOODBURN makes written request for preparation of additional or revised plans, COG will prepare them for the additional fee set forth in paragraph B5. 4. Coordinating activities with the county clerk and suggesting changes to the draft plans to make the proposed zones as compatible as possible with proposed precinct boundaries and State legislative boundaries. 5. Preparing maps and descriptions of the adopted reapportionment plan. B. WOODBURN Responsibilities WOODBURN shall: 1. Provide COG a map(s) showing WOODBURN's external boundaries and the boundaries of the existing wards. 2. Provide COG with the address and a map showing the location of each elected official's residence. 3. Provide COG with a list of prioritized criteria which should be used in preparing draft reapportionment plans. - llB Ce Ee 4. Pay to the COG the total sum of Two Thousand Four Hundred Sixty-Five dollars {$2,465} for the work tasks described above. This sum shall be paid in two installments: One Thousand Five Hundred dollars {$1,500) as a retainer upon execution of the agreement and the remainder upon delivery of two apportionment plans as required by paragraph of task A.3. 5. Pay COG $140 under Paragraph A.3. for each additional or revised reapportionment plan WOODBURN requests. Termination and Amendment The parties hereto do further mutually understand and agree that: 1. This Agreement shall be terminated on December 1, lggl, unless otherwise agreed to by COG and WOODBURN by amendment to this Agreement. 2. This Agreement may be modified only by written agreement executed between the parties. 3. Except as provided in Paragaraph C.4., should this Agreement expire or terminate prior to completion of the work described in Paragraph A, WOODBURN shall pay COG a pro rata sum representing the percentage of the overall work effort completed by COG; but in no event less than the $1,500 paid as retainer. 4. In the event that a sufficient number of other local governments do not contract with COG to pay the cost of the reapportionment software, COG shall immediately declare this contract to be null and void and COG shall return to WOODBURN the entire retainer. Determination of the sufficiency of the number of governments participating is within COG's sole and exclusive discretion. Independent Contract 1. WOODBURN has engaged COG as an independent contractor for the accomplishment of a particular task. Neither party, nor the officers and employees of either party, shall be deemed the agents or employees of the other party for any purpose. Limited Warranty 1. COG warrants only that its initial recommendation will satisfy the prioritized criteria provided pursuant to Section B.3 above. This warranty is in lieu of all other warranties expressed or implied. 2. COG will rely exclusively on the accuracy and completeness of data - , llB furnished by WOODBURN under paragraphs B.1. through B.3., and shall not be responsible for any errors caused, in whole or in part, by any defect in that information or COG's acceptance thereof. 3. WOODBURN agrees to seek and rely exclusively on the advice of its own legal counsel as to the legal sufficiency of the reapportionment plans as revised by its City Council. The parties expressly recognize that the review process involves political and legal judgments entirely within the control and authority of WOODBURN. COG's only obligation is to provide advice from the perspective of data analysis and not legal or political counsel. 4. In no event shall COG be liable for indirect or consequential damages of any nature. In no event, regardless of theory of recovery, shall COG be liable for any damages in excess of the amounts actually paid by WOODBURN to COG under Paragraph B. hereof. IN WITNESS WHEREOF, COG and WOODBURN have, by approval of their respective governing bodies, caused this Agreement to be executed by their duly authorized representatives as of the dates set forth below. MID WILLAMETTE VALLEY CITY OF WOODBURN COUNCIL OF GOVERNMENTS By: By: Director Date: APPROVED AS TO FORM: Title: Date: COG Legal Counsel COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF A STORM DRAIN LINE AGREEMENT. WHEREAS, the involved parties have received development approval from City on their respective parcels located in the incorporated limits of Woodburn, Marion County, Oregon; and WHEREAS, development approval was conditioned upon installation and construction of an appropriate storm water drain line; and WHEREAS, the City has the legal authority to assess the involved properties for the costs of a storm water drain line; and WHEREAS, the parties desire to agree upon an efficient and equitable method of constructing and installing said storm water drain line; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: SECTION 1. The Mayor is authorized to sign the Storm Drain Line Agreement on behalf of the City of Vj/~odburn, a copy of w~ieh~ attachgd--~reto for reference. ?/ Approved as to form: ' t- · '~ t,/- - - City Attorney Date APPROVED: FRED W. KYSER, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder A-I-rE~T: Mary Tennant, Deputy Recorder City of Woodburn, Oregon Page 1 - COUNCIL BILL NO. RESOLUTION NO. llC 11C AGREEMENT THIS AGREEMENT is made this day of ,1991, by and between the City of Woodburn, an Oregon municipal corporation (hereinafter "CITY"), Bi- Mart Corporation, a California corporation registered to do business in Oregon (hereinafter "BI-MART"), WWDM Partnership, an Oregon partnership (hereinafter '%~/DM"), GFI-Woodburn Investments, Ltd., a Utah limited partnership (hereinafter "GFI- WOODBURN") and Pizza Hut of Southeast Kansas, Inc, a Kansas corporation registered in Oregon (hereinafter "PI77A HU'P). WITNESSETH WHEREAS, the above parties have received development approval from CITY on their respective parcels located in the incorporated limits of Woodburn, Marion County, Oregon; and WHEREAS, development approval was conditioned upon installation and construction of an appropriate storm water drain line; and WHEREAS, the parties agree CITY has the legal authority to assess the involved properties for the costs of the storm water drain line; and WHEREAS, the parties desire to agree upon an efficient and equitable method of constructing and installing said storm water drain line; NOW, THEREFORE, the parties agree as follows: SECTION 1. BI-MART PROPERTY. BI-MART represents and covenants that it owns certain real property subject to this Agreement which is described as follows: Marion County Tax Lot Numbers 42504-143, 42504-704 and 42504-859. SECTION 2. WWDM PROPERTY. WWDM represents and covenants that it owns certain real property subject the this Agreement which is described as follows: Beginning at the intersection of the Northerly right-of-way of Mt. Hood Avenue and the East right-of-way of Progress Way; thence North 1°51 '59" East along the East line of Progress Way, a distance of 459.89 feet to a point on the North line of Lot 6, Block 1, of WALILALE HOME TRACTS; thence south 89038'30'' East along the North line of said lot and the easterly extension thereof a distance of 424.66 feet; thence South 1°55'00" West 57.51 feet; thence south 88005'00.' East 47.00 feet; thence South 1°55'00" West 149.96 feet; thence North 88o05'00'' West 56.62 feet to the East line of Lot 5 Block 1, of WALILALE HOME TRACTS; thence South 1°51 '17" West along the lot line between Lots 5 and 4, WALILALE HOME TRACTS 102.00 feet to the Northeast corner of the parcel conveyed to J. L. Fugate as described in Reel 668, Page 0198, Marion county Deed Records; thence North 88005'00'` West along the North line of J. L. Fugate parcel 185.0 feet to the Northeast corner; thence South 1°51'17'' West 162.00 feet to the Northerly Page I - AGREEMENT llC right-of-way of Mt. Hood Avenue; thence North 88005'00'' West 230.76 feet along the Northerly right-of-way 230.76 feet to the point of beginning situated in Lots 4, 5, and 6, Block 1, WALILALE HOME TRACTS as recorded in volume 5, Page 64, Book of Town Plats for Marion County, Oregon, situated in Township 5 south, Range 1 West, Willamette Meridian, Marion County, Oregon. SECTION 3. GFI-WOODBURN PROPERTY. GFI-WOODBURN represents and covenants that it owns certain real property subject to this Agreement which is described as follows: Beginning at a point on the North line of Lot 3, Block 1, WALILALE HOME TRACTS as said subdivision is platted and recorded in Volume 5, Page 64, Book of Town Plats for Marion County, Oregon, situated in Township 5 south, Range 1 West of the Willamette Meridian, which point marks the Northwest corner of that tract of land conveyed to DON- SUSIE ENTERPRISES, INC. by deed recorded in Reel 358, Page 0668, Marion County Deed Records, which point bears North 89°38'30" West 267.02 feet from the Northeast corner of said Lot 3; thence South 1°51 '45" West along the West line of said DON-SUSIE tract, and the Southerly extension thereof, a distance of 485.81 feet to an iron rod on the Northerly right-of-way line of Mt. Hood Avenue; thence North 88°05'00" West along said right-of-way line a distance of 536.92 feet to an iron rod marking the intersection of the Southwest corner of Lot 4, and also the Southeast corner of that parcel conveyed to J. L. Fugate as described in Reel 668, Page 0198, Marion County Deed Records; thence North 1°51 '17" East 264.00 feet along the West line of Lot 4; thence south 88005'00" East 56.62 feet; thence North 1°55'00" East 149.96 feet; thence North 88o05'00'' West 47.00 feet; thence North 1°55'00'' East 57.51 feet to a point on the North line of said Lot 4; thence running North 1°55'00" West 130.03 feet; thence South 88005'00'' East 408.73 feet over the Southerly portions of Tax Lots 42522-770 and 42526-000 to the Southwesterly line of Tax Lot 42508-000; thence South 48044'38'' East along the line between Tax Lots 42526-000 and Tax Lot 42508-000 181.56 feet to a point on the North line of Lot 3, WALILALE HOME TRACTS; thence North 89°38'30'' West 22.03 feet along said North line of Lot 3 to the point of beginning, situated in Section 8, Township 5 south, Range 1 West, Willamette Meridian, Marion County, Oregon. SECTION 4. pI77A HUT PROPERTY. PIZZA HUT represents and covenants that it owns certain real property subject to this Agreement which is described as follows: Tax Lot Number 92840-O41 SECTION 5. ASSIGNMENT. The parties agree that the terms of this Agreement are binding upon them as well as any successors in interest or assigns. Page 2 - AGREEMENT llC SECTION 6. CONSTRUCTION OF PUBLIC STORM WATER DRAIN LINE. BI- MART agrees to construct at its initial expense, and according to CITY engineering standards, a storm water drain line located in the public right-of-way and in public easements. Said storm water drain line will benefit the approximately 14.0 acres owned by BI-MART, the approximately 4.0 acres owned by WWDM, the approximately .7 acres owned by PI77A HUT, and the approximately 7.0 acres owned by GFI-WOODBURN. SECTION 7. LOCATION OF PUBLIC STORM DRAIN LINE. BI-MART agrees to construct the public storm water drain line from a point beginning at the northeast corner of the intersection of Mt. Hood Avenue and Progress Way, adjacent to the corner location of the southwest corner of property owned by WWDM, in a northerly and westerly direction to completion of the project at Mill Creek. The location of the storm drain line shall be more or less as described in the attached exhibit "A", and designated as "shared public systems." SECTION 8. CERTIFICATION OF APPLICABLE CONSTRUCTION COSTS. Within 15 days of completion of the public storm drain line, BI-MART shall certify to CITY a statement of "applicable construction costs." For purposes of this section, "applicable construction costs" are defined as engineering, permits, easement acquisition and recording, and other related costs utilized to facilitate the construction of the public storm water drain line. It is also intended that prior engineering fees related to prior design plans and subsequent changes necessitated by elevation changes be considered "applicable construction costs." For purposes of this Agreement, final determination of what qualifies as "applicable construction costs" shall be determined by the Woodburn City Engineer. SECTION 9. REIMBURSEMENT TO BI-MART FOR ITS COSTS. After BI-MART certifies to CITY its applicable construction costs, CITY will require reimbursement to BI- MART from the remaining properties for their respective shares of these costs based upon a benefit percentage using ownership of acreage as a percentage of total acreage served. BI-MART agrees its property is responsible for 54.5% of the shared project costs and shall receive no reimbursement for this portion of the project. GFI-WOODBURN agrees its property is responsible for 27.2% of the shared project costs. WWDM agrees its property is responsible for 15.6% of the shared project costs. PIT?A HUT agrees its property is responsible for 2.7% of the shared project costs. SECTION 10. PAYMENT. Upon certification of applicable construction costs, and written notice by CITY, GFI-WOODBURN agrees to pay CITY the respective amounts in full and CITY shall reimburse BI-MART for these costs. Alternatively, at its option, GFI- WOODBURN shall pay CITY in annual installments with the first due on January 10, 1992 and continuing annually for 1993 and 1994 on the same date and bearing interest at a rate determined annually by the prime rate plus 1.5% as determined by Bank of America, Woodburn Branch on December, 1991, 1992, and 1993 respectively and BI-MART shall be reimbursed by CITY together with interest received. In no event, however, shall CITY be liable to BI-MART for payments not actually received from GFI-WOODBURN. Page 3 - AGREEMENT llC SECTION 11. UNSHARED COSTS OF BI-MART. BI-MART shall pay, as an unshared cost, the expenses of engineering, construction, and related costs to extend the storm water main from its property westerly along the right-of-way on Mt. Hood Avenue and thence northerly via an underground bore under Mt. Hood Avenue to the point of beginning, previously identified as shared construction as defined in Section 9. This unshared cost of construction is identified in exhibit "A" as "Private System" for BI- MART. SECTION 12. UNSHARED COSTS OF GFI-WOODBURN. GFI-WOODBURN shall pay an unshared cost, the expenses of engineering, construction, and related costs to extend a private storm water line and connection westerly to intercept the public storm water main in Progress Way. It is agreed that all costs within its private property be its responsibility and not a part of the public project to be shared by the parties. In the event that GFI-WOODBURN installs a temporary connection for storm water, the related construction costs will be its private responsibility. This unshared cost of construction is identified in exhibit "A" as "Private System" for K-MART. SECTION 13. PGE CONNECTION TO PUBLIC STORM DRAIN LINE. In the event that PGE should connect to the public storm drain line in the future, CITY shall require PGE to execute a reimbursement agreement, separate from this document, to assist in reasonable payment of the shared costs associated with construction of the public storm water drain line as determined by CITY. SECTION 14. TERMS OF AGREFMENT ARE COVENANTS. It is intended by all parties to this Agreement that all terms of the Agreement shall constitute covenants, conditions, and restrictions running with title to the real properties covered by this Agreement, and shall be binding upon parties to the Agreement, their heirs, executors, and assigns, and shall be a benefit and burden upon the properties described herein. The parties agree that CITY may, for purposes of recovering the costs of improvements described herein, levy assessments against the properties described and may enforce payment of said assessments in the manner provided by ORS Chapter 223. SECTION 15. RECORDATION. Promptly after its execution by the parties, this Agreement shall be recorded in the records of Marion County to provide public notice, and especially notice to future owners of property described herein of the conditions, covenants, and restrictions against title to the properties imposed by this agreement. SECTION 16. ENFORCEMENT. CITY may enforce the terms of this Agreement in any court of competent jurisdiction. In addition to any other legal remedies, the parties failure or refusal to comply with this Agreement shall constitute a violation of Ordinance 1807, the Woodburn Zoning Ordinance, and remedies and penalties provided therein may also be enforced. SECTION 17. NON-LIABILITY OF CITY. Because the parties agree that CITY has the legal authority to assess the involved properties for all costs associated with the storm water drain line, BI-MART, WWDM, GFI-WOODBURN, and PI77A HUT, and each of them Page 4 - AGREEMENT llC agree that CITY can not be held liable for damages under this Agreement and shall hold CITY and its agents harmless from any claim or legal action of any type under this agreement including any applicable costs and attorneys fees. SECTION 18. ATTORNEYS FEES. In the event of any suit or action to enforce this agreement, the prevailing party shall be entitled to, in addition to the statutory costs and disbursements, reasonable attorneys fees to be fixed by trial and appellate courts. SECTION 19. SEVERABILITY. If any provision or part hereof is for any reason determined by a court of competent jurisdiction to be invalid or unenforceable, then such part shall be severed from this agreement and the remainder of the agreement shall remain fully enforceable. THE CITY OF WOODBURN, an Oregon municipal corporation By: Fred W. Kyser, Mayor STATE OF OREGON ) ) County of Marion ) SS. On this day of ,1991, personally appeared before me Fred W. Kyser, the signer of the within instrument, who duly acknowledged to me that he is the Mayor of the City of Woodburn, an Oregon municipal corporation, and that he executed the same on behalf of said corporation. Notary Public for Oregon My Commission Expires: Al-rEST: Mary E. Tennant, Deputy Recorder City of Woodburn Page 5 - AGREEMENT llC BI-MART CORPORATION, an Oregon corporation By: Its STATE OF OREGON ) ) County of Marion ) SS. On this day of ,1991, personally appeared before me , the signer of the within instrument, who duly acknowledged to me that he is the of BI-MART CORPORATION, an Oregon corporation, and that he executed the same on behalf of said corporation. Notary Public for Oregon My Commission Expires: WWDM PARTNERSHIP, an Oregon partnership By: [tS STATE OF OREGON ) ) County of Marion ) SS. On this day of ,1991, personally appeared before me , the signer of the within instrument, who duly acknowledged to me that he is the of VVWDM PARTNERSHIP, an Oregon partnership, and that he executed the same on behalf of said corporation. Notary Public for Oregon My Commission Expires: Page 6 - AGREEMENT 11C GFI-WOODBURN, a Utah limited partnership By: Its: STATE OF OREGON ) ) County of Marion ) SS. On this day of ,1991, personally appeared before me , the signer of the within instrument, who duly acknowledged to me that he is the of GFI-WOODBURN, a Utah limited partnership, and that he executed the same on behalf of said corporation. Notary Public for Oregon My Commission Expires: pI77A HUT, a Kansas corporation By: Its: STATE OF OREGON ) ) County of Marion ) SS. On this day of , 1991, personally appeared before me , the signer of the within instrument, who duly acknowledged to me that he is the of PI77A HUT, a Kansas corporation, and that he executed the same on behalf of said corporation. Notary Public for Oregon My Commission Expires: Page 7 - AGREEMENT MEMO TO: FROM: SUBJECT: DATE: City Council for Approval /,~. Contract Award for Woodland Avenue Street Improvement Project #910002-12, Bid #91-15 July 3, 1991 RECOMMENDATION: It is being recommended that City Council award a contract in the amount of $273,995.90 to the Iow bidder, Kizer Excavating, for street, storm drain, and sanitary improvements on the Woodland Avenue extension near H.W.I. It is proposed that the following funding sources, which includes state monies, be used to accomplish this project: 1. Approved EDA Loan and Grant for Sewer 2. Davidson Farms Escrow for Street TOTAL BACKGROUND: The following bids were received by the City on July 1, 1991: 1. Kizer Excavating 2. Kerr Contractors Inc. 3. Berning Const. Co. 4. Pipe Tech Inc. The engineer's estimate for the project was $317,391.75. 14% lower than the engineer's estimate. $145,323.64 128,672.26 $ 273,995.9O $273,995.9O 421,603.80 448,155.00 453,370.40 The Iow bid is approximately Therefore, it is being recommended that the City Council award the contract to the Iow bidder in the amount of $273,995.90. lie MEMO TO: FROM: SUBJECT: DATE: The City Administrator for Council Action Public Works Director ~~ Authorization to negotiate for additional funds with Economic Development Department July 5, 1991 RECOMMENDATION: Authorize Mayor and Public Works Director to negotiate for additional funding needed for Wastewater project. BACKGROUND: The pump station construction bid of $441,305.00 is drastically higher than the Engineer's estimate of $187,789.00. As you are aware the economic conditions, this year, have made the bids on most of the projects in the area higher than anticipated. In addition, CH2M-Hill informs us that their prior estimate was made at the time when the real underground conditions were not known. Also, the final design required the deepest excavation of the Wet Well (Pump Station portion) be approximately 39 feet below the ground surface, although initially this was expected to be less. The increased depth and the underground conditions have made the dewatering and sheet piling requirement to be very important, making the project cost go higher. A combination of all these factors have made the project bid much higher than anticipated. We are trying to find ways to reduce certain costs, but there is no way the costs could be reduced to a degree that the pump station could be constructed within the current allowable funding. Therefore, it is necessary for the City to negotiate with the Economic Development Department for additional funding. llF MEMO TO: FROM: SUBJECT: DATE: The City Council through the City Administrator A ,C--~ Public Works Director Postponement of Contract Award decision on I-5 Sanitary Sewer Bore Project. July 5, 1991 RECOMMENDATION: It is recommended that the contract award decision on this project be postponed until funding sources are fully identified for the portion that is over the estimated amount, and also certain bid adjustments have been made by the Iow bidder. BACKGROUND: This sewerage project is a portion of an overall needed construction works that will allow West Woodburn pump station to be replaced. The project under consideration includes a bore across I-5, construction of wet well and concrete portion of pump station on the East side. The electrical components and the force main are not a part of this project. Because of unknown underground conditions, the added depth of the wet well, unanticipated dewatering and sheet piling needs and better economic conditions in the area, the initial estimate was much lower than the bids received. The bids received are outlined as follows: 1. Pipe Tech Inc. $441,305.00 2. Clearwater Construction 565,042.00 3. Robertson Utilities 608,789.00 Engineer's estimate for this portion of the sewerage project was $187,594.50. ¢ MEMO TO: FROM: SUBJECT: DATE: Community Development Director Bob Arzoian, Building Inspector Building Activity for JUNE, 1991 July 3, 1991 16A New Residence Value Multi Family Residential Adds & Alts Industrial Commercial Value Signs, Fences, Driveways Mobile Homes Accessory Structures Demolish JUNE 1989 No. Dollar Amt 3 $ 210,000 0 0 2 8,000 0 0 1 30,000 1 S00 3 56,000 34 136,000 1 2,000 JUNE 1990 JUNE 1991 No. Dollar Amt No. Dollar Amt 0 $ 0 2 $147,000 0 0 0 0 6 48,500 6 22,300 0 0 0 0 3 900,191 0 0 2 20 5 3,000 6 210,000 10 484,000 0 0 6 29,000 0 0 144 2,256,000 TOTAL: 45 $ 442,500 21 $ 1,208,211 173 $2,941,300 July 1-June 30 Fiscal Year-to-Date $6.512.087 $7.376.183 $20,006,650 Robert Arzoian Building Official RS:Ig 16B MEMO TO: FROM: SUBJECT: DATE: City Council Community Development Staff Transportation Planning Project July 3, 1991 Presently Public Works and Planning staff have held preliminary talks with planners from the State Highway Division regarding a work schedule to create a computerized transportation model for Woodburn. This model was originally developed by the Highway Division as a planning and engineering tool to analyze the effects of changes in existing transportation systems and to forecast new traffic patterns based on new development or altered or upgraded street networks. Interestingly, the City of Woodburn would be the first community of our size to be a participant in this program. All other cities to date that have used this program contain much larger populations, i.e., Portland, Salem, Eugene. One of the reasons the state wishes to provide assistance in developing this program is because of our rapid growth. However, the city will have to bear some cost sharing in this program. City staff will keep the city council apprised of this project as it proceeds. SG:Ig TRNSPLAN.SG I~ 0 II .0 I~ -0 I! -0 II II 'TI II ~ II ~' !1 3) i11- I! Il II II II II 11 II II !1 II II I1 II II il il Ii II II I! II II II II II 11 II Il II II I1 Ii II tl tl il I| II II I! II Il il I1 I1 II tl II II Ii tl II tl I! II II II I! II I! II Il I? II 0000000 ~0~000~ ZO~OOOZ ~C~CCC~ ~Z~ZZZ~ r r 00000000 0~00~00~ Ii Ii ~0--I · ,0 0- m 00103 ITl O-O) Z ol01-1 O0 4~ 11 Z<~ m:;z3 <~ o-I HITI 0 ql 0 0 Z '0 3> mz r-c z rn-I r--< om o I==l~ Z tO 03 C. C Z m 10(3 MEMORANDUM TO: FROM: SUBJECT: DATE: Mayor and City Council Nevin Holly, DireCtor Recreation and parks Woodburn World Berry Museum July 1, 1991 The City of Woodburn i~; faced with a policy decision regarding-the cities continued involvement in the Woodbum World Berry Museum. The question the Council must decide upon is whether or not to enter into a contract pumhase on the two buildings now housing the Wodd Berry Museum. The purchase pdce as offered by Mr. Robert Sawtelle is $40,000 for the buildings. The assessed valuation of these properties was $49,000 to be paid at $10,000 down and 6 payments of $5,000 yeady. The contract is to be interest free. Upon purchase of the buildings the City of Woodbum will become owners of not only the said buildings, but also of all the Museum artifacts as well, which includes an Indian Tools Exhibit valued at well over $5,000. HISTORY The Woodbum World Berry Museum came into existence in 1986 as a tribute to Woodbum's Centennial Celebration. A group of concerned citizen volunteers saw a need for such a facility to serve as a standing tribute to Woodbum's heritage. The initial Museum was housed at 455 N. Front Street. The Museum was expanded in 1988 to include 469 N. Front which provided the opportunity to remodel the old Woodbum Bungalow Theater which was originally housed at this site. Local businessman Robert Sawtelle was generous in extending the Buildings to the City free of charge through a lease agreement which extended from December 8, 1986 to December 31, 1989. At the conclusion of the lease the City of Woodbum examined its options, which included purchasing the property, leasing the property or removing itself from further involvements. The City opted to enter into a lease agreement at $5,000 per year. The lease expired on December 31, 1990 and a six month extension was granted which expires on June 30, 1991. A 30 day extension has been granted by Mr. Sawtelle to allow the Museum Board and/or the City of Woodbum to reach a consensus on whether or not a purchase will be made. During the 4 years of operation the Museum has acquired hundreds of artifacts. Some of the more unique and valuable assets are an Indian Tools Display, The original Birds Eye Freezer and early historical Woodbum documents. During 1989 and 1990 the original Bungalow Theater was remodeled and is now fully operational. During 1989 over 2,000 visitors came to the Woodbum World Berry Museum. Classroom tours as well as general public visitation is on the upswing. The Museum operations are conducted by a Museum Board which is comprised of 10 members and 30 volunteer hosts who keep the Museum open every Friday and Saturday as well as many other hours for special tours. OPERATIONAL FUNDING The City currently has expanded operational expenses through a Museum F_xpen~e~ Line Item in the Woodbum Recreation and Parks Budget and has expended $19,671 since 1987. In addition to these expenses the City of Woodbum/Recreation and Parks Department has dedicated many hours of labor toward this facility. · ~ 17A The expenses for the 4 years of operation are reflected as: City of Woodbum Contribution: 1987 - $3,029 1988 - $4,623 1989 - $9,765 May 1990 - $2,254 The majority of operational expenses shifted during the pst year with the Berry Museum beginning to assume independent operation. The operating budget for 1991-1992 has eliminated City expenditures for Museum operations. In the future the total operating expenses will be managed by the Museum Board. CONSIDERATIONS Mr. Robert Sawtelle would like the actual contract to be between the City of Woodbum and himself to assure for secure funding and long term continuity of the project. Both the Museum Board and Mr. Sawtelle would like the contract to stipulate the buildings must remain a museum and that the properties cannot be sold by the City unless the proceeds were to be invested in another Museum. The Museum Committee wishes the City to assume a good faith commitment that the Museum Board will provide the necessary funding to complete the purchase according to the prescribed contract. The Museum Board currently has the necessary $10,000 down payment to reimburse the initial City investment. The Museum Board also feels secure its fund raising efforts will be successful in providing the additional $5,000 yeady payments until the contract is paid in full. The Council must weight several areas when making this decision. The this point the City has invested over $20,000 in City funds. The Council may feel the City already has a vested financial interested in this project. The quality citizen volunteers coupled with a general improvement in the downtown area the Museum has provided, may also leave the City with a vested social and cultural interest. On the other side the Council may feel that during tight budget times the City must divorce itself from projects which are indeed good for the community, but may not be economically feasible at this time. The council needs to consider the ramifications of such a contract. Does the Council believe the Museum Board has the ability to raise the necessary funds, or does the Council feel the question is too ambiguous and the City cannot take such a gamble at this time. If the Council believes the Museum Board has the ability to raise the funds then the venture can be seen as both reasonable and of sound judgement as the buildings have been improved and are increasing in value. If the Council feels uneasy in entering into a contract which no assured funding reimbursement source is provided, it needs to examine the ramifications of a contract default in this case and where the City would postured in such a scenario. STAFF RECOMMENDATION City of Woodburn enter into a purchase contract agreement with Mr. Robert Sawtelle and assume good faith agreement with the Museum Board that they will be respons~le for the total funds necessary to purchase these properties.