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Agenda - 07/23/1990CITY OF 270 Montgomery Street WOODBURN Woodburn, Oregon 97071 · 982-5222 AGENDA WOODBURN CITY COUNCIL dULY 23, 1990 - 7:30 P.M. 1. CALL TO ORDER AND FLAG SALUTE 2. ROLL CALL 3. MINUTES A. City Council minutes of workshop and regular meeting, July 9, 1990 B. Woodburn Downtown Association minutes of July 12 & 19, 1990. 3B APPOINTMENTS AND ANNOUNCEMENTS A. Budget Con~ittee - Supplemental Budget, Tax Base Adjust 2, 1990 - 7:00 p.m. - City Hall 5. COI~ITTEE REPORTS A Chamber of Coemnerce COI~NICATIONS A. Written: Letter from Michael Wells re: Development Fees. B. Business from the audience 6A PUBLIC HEARINGS A. Sign Ordinance (Material previously mailed) 7A 8. TABLED BUSINESS Page 1 - Agenda, Woodburn City Council of July 23, 1990. 9. GENERAL BUSINESS A. Council Bill No. 1234- Resolution renewing lease .~f Senior Services Agency. B. Council Bill No. 1235- Resolution authorizing interdepartmental : borrowing. C. Council Bill No. 1236 - Resolution authorizing a limited power of attorney to pay for Cleveland Street improvements. D. Council Bill No. 1237 - Resolution approving computer hardware agreement with Businessl~,.n.d. E. Council Bill No. 1238 - Resolution approving a computer software agreement with Eden Systems. F. Council Bill No. 1239-- Resolution approving an agreement with IBM for installation management services. G. Council Bill No. 1240 - Resolution approving an agreement with IBIq for cable management services. H. Council Bill No. 1241 - Resolution authorizing the acceptance of Cleveland Street LID bancroft bonding applications after the initial filing period. I. Property tax levy for FY90-91 J. Acceptance of utility easement. K. Request for sewer service - Shalimar Mobile Park. 10. EXECUTIVE SESSION A. To' conduct deliberations with persons designated by the governing body to carry on labor negotiations. ORS 192.660(1)(d) 11. 12. 13. PUBLIC CO~E~TS APPROVAL OF CLAI)IS A. Voucher 1400 - 1889 for the month of June, 1990. NEW BUSINESS SITE PLAN ACTIONS STAFF REPORTS A. Front St. Improvement Status. B. Building Activity for June, 1990. C. Code Enforcement - Six Month Report. 16. ADJOURNMENT gA 9B 91) gE 9F 9G 9H 12A 15A 15B 15C Page 2 - Agenda, Woodburn City Council of July 23, 1990. TAPE READING 0001 0005 0013 COUNCIL WORKSHOP NINUTES July 9, 1990 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JULY 9, 1990. CONVENED. The Council met at 6:10 p.m. to review the Wastewater Facilities Plan. ROLL CALL. Mayor Kirksey Present Councilor Hagenauer Present Councilor Jennings Present Councilor Kyser Present Councilor Minard Present Councilor Sifuentez Present Councilor Steen Present (7:00 pm) Staff Present: Administrator Quinn, Public Works Director Tiwari, Public Works Manager Rohman, Wastewater Superintendent Sinclair, Deputy Recorder Tennant 0020 Public Works Director Tiwari reviewed the permit requirements being established by Department of Environmental Quality. He stated that modifications to the plant are based on the allowable Total Maximum Daily Load (TMDL) requirements. Major issues to be addressed by the Council include: A) Local versus regional issue in such areas as 1) Sludge management, 2) Laboratory work, and 3) acceptance of outside septage; B) Growth factor; and C) Payment of modifications based on area benefitted. He suggested that an Advisory Committee be formed to discuss the feasibility of regional district with a boundary that could be different from the Urban Growth Boundary. 0697 Daria Wightman, consultant from CH2M Hill, reviewed the proposed Facilities Plan document. She stated that the DEQ requirements are based on the Clean Water Act and DEQ enforces the EPA regulations. A major concern of DEQ relates to removal of storm water from the wastewater process. As of this date, DEQ has not issued the TMDL for the City's plant. However, once the TMDL is issued, the City has 90 days to provide a draft facilities plan to DEQ. The plan will encompass a 30 year planning period which exceeds the DEQ required 20 year plan period. Discussion was held on various options the City could elect such as modification of the present site or building of a another wastewater plant. Modifications to the present plant would still be required if a new plant is built, however, initial cost estimates indicate that it may be less expensive to build another plant. Staff was directed to contact other local agencies and Agripac regarding the concept of a regional district. Page I - Council Workshop Minutes, July 9, 1990 TAPE READING 2465 ADOOURNNENT. COUNCIL WORKSHOP MINUTES July 9, 1990 The workshop adjourned at 7:26 p.m.. APPROVED Nancy A. Kirksey, Mayor ATTEST Mary Tennant, Deputy Recorder City of Woodburn, Oregon Page 2 - Council Workshop Minutes, July 9, 1990 TAPE READING 0001 0003 0010 0017 O026 0035 0077 COUNCIL MEETING MINUTES July 9, 1990 DATE. COUNCIL CHAFIBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JULY 9, 1990. CONVENED. The Council met in a special session at 7:30 p.m. with Mayor Kirksey presiding. ROLL CALL. Mayor Kirksey Present Councilor Hagenauer Present Councilor Jennings Present Councilor Kyser Present Councilor Minard Present Councilor Sifuentez Present Councilor Steen Present Staff Present: City Administrator Quinn, City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Police Chief Wright, Park & Recreation Director Holly, Public Works Manager Rohman, Deputy. Recorder Tennant NINUTES. JENNINGS/SIFUENTEZ .... approve the Council minutes of June 25, 1990; accept the Planning Commission minutes, of June 14, 1990, the Recreation & Park Board minutes of June 18, 1990, the Fire District Board minutes of June 12, 1990, and the Downtown Association minutes of May 30, June 5, 26, and July. 3, 1990. The motion passed unanimously. Administrator Quinn reminded the Council of a 'Budget Committee Meeting scheduled for Tuesday, July loth, 7:00 p.m.., in the City Hall Council Chambers. CHAMBER OF COMMERCE REPORT. Floyd Leonhardt, represent the Woodburn Chamber of Commerce, briefly reviewed the Crazee Days activities scheduled for July 12 - 14, 1990. LETTER FROM LEAGUEOF OREGON CITIES RE: PUBLIC UTILITY COMMISSION RULINfi 0103 ON HOUSE BILL 3000. The Public Utility Commission recently issued an order which preserves the first 4% of a privilege tax to be included as an operating expense for basic access service and any additional privilege tax would be separately itemized on the telephone*bills and paid only by city users. CARAGOL ETHICS CASE AND REQUEST FOR COUNCIL FINANCIAL SUPPORT. MINARD/KYSER .... remove from the table. The motion passed unanimously. KYSER/MINARD .... deny any part of the legal expenses on Tony Caragol's request. Mayor Kirksey stated that she strongly felt that the City should support him and assist him with the legal expenses incurred. Page 1 Council Meeting Minutes, July 9, 1990 TAPE READING 0469 0532 0540 0562 COUNCIL MEETING NINUTES July 9, 1990 Councilor Minard expressed his concerns regarding the Council's inability to negotiate nor knowledge of what was happening until several months later. In addition, the appeal was a decision made by Mr. Caragol and he did not feel that the City should pay the attorney fees. Councilor Jennings stated that he felt the issue was whether or not City officials, board/commission members, and city employees can be protected by legal staff. Councilor Minard stated that the City has a responsibility to protect its members, however, information needs to be given to the Council regarding participation at an early date. The vote on the motion to deny the legal expenses passed 4-2 with Jennings and Sifuentez voting nay. COUNCIL BILL 1230 - ORDINANCE ANENDING ORDINANCE 2043 RELATING TO THF ASSESSMENT OF COSTS OF THE CLEVELAND STREET. Council Bill 1230 was'introduced by Kyser. The two readings of the bill were read by title only since there were no objections from the Council. Administrator Quinn advised the Council that three lots were determined to be non-buildable after Ordinance 2043 was approved by the Council. On roll call vote for final passage, Council Bill 1230 passed unanimously. Mayor Kirksey declared the bill duly passed with the emergency clause. ACCEPTANCE OF EASENENTS - CLEVELAND STREET IMPROVEHENT. The staf~ recommended the acceptance of utility easements from the following property owners: Rudolph Medina, Donald & Carol Adelson, and Orville & Dorothy Krebs. MINARD/HAGENAUER .... accept the utility easements as recommended. The motion passed unanimously. COUNCIL BILL 1231 - RESOLUTION ACCEPTING SPECIAL TRANSPORTATION FUND GRANT 'FOR FISCAL YEAR 1990-91. Council Bill 1231 was introduced by Kyser. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared the bill duly passed. COUNCIL BILL 1232 - RESOLUTION ADOPTING TRAFFIC ACCESS MANAGEMENT POLICIE~ ON STATE HIGHWAYS. Councilor Kyser introduced Council Bill 1232. The bill was read by title only since there were no objections from the Council. Community Development Director stated that the Dept. of Transportation has reassessed their time schedule for the improvement of Highway 99E north of Lincoln Street from 1995 to 1992. John Detara and Richard Swain, representatives from Oregon Dept. of Transporation, stated that the agreement before the Council addressses public accesses onto state highways and reduces the number of private accesses. Administrator Quinn stated that not all property owners will be satisfied with the plan, however, the plan is necessary to expedite the Highway 99E improvement. Page 2 - Council Meeting Minutes, July 9, 1990 TAPE READING 1082 1562 1960 COUNCIL MEETING MINUTES July 9, 1990 Floyd Leonhardt, member of the Hwy. 99E Task Force, stated that the expansion of the highway from 2 lanes to 4 lanes north of Lincoln Street was a necessity to reduce the congestion in that area. Jack Bigej, owner of Al's Fruit & Shrub, stated that he had talked to a majority of the business owners in the affected area and they were in agreement with the need for the improvement. Councilor Jennings expressed his appreciation to those citizens who diligently worked to expedite the improvement project. On roll call vote for final passage, Council Bill 1232 passed unanimously. Mayor Kirksey declared the bill duly passed. INFORMATION SYSTEM PLAN (ISP) - COMPUTER SYSTEM REPLACEMENT PROJECT, Administrator Quinn provided the Council with *a lengthy report on the proposed computer system for the City which would provide for personal computer (PC) workstations within each department. A local area network (LAN) system is recommended to meet the needs of the City rather than a single microcomputer. The estimated cost for the computer replacement is $250,000 with financing available through U.S. Bank at 7.5% under a municipal lease agreement. Councilor Jennings urged the Council to support the request by staff to replace the current computer system. He stated that the software firm was a reputable company located in. Washington and the total package for hardware and software was at a reasonable cost. JENNINGS/KYSER .... recommend approval of the computer system and staff proceed with drafting of contracts for Council consideration. The motion passed unanimously. CLEVELAND STREET PROJECT - REVIEW OF BIDS. Public Works Director Tiwari provided the Council with a status report on the Cleveland Street project. He stated that the State Highway Division had received construction bids from the following contractors: Roy L. Houck Construction, $593,064.50; North Santiam Paving, $594,399.20; Morse Bros. Inc., $601,859.50; and Kelley F. White, $675,405.00. Director Tiwari expressed his concerns regarding the construction costs and he discussed options available to the Council which included acceptance of low bid and {2) rejections of bids and re-advertisement in the spring of 1991. Director Tiwari recommended that the storm drain improvements be made this year and that the construction bids be rejected with re-advertisement in the spring with surface improvements completed by the summer of 1991. Following a brief discussion on the issue, MINARD/JENNINGS .... approve the low bid from Roy L. Houck Construction in the amount of $593,064.50. The motion passed unanimously. COUNCIL BILL 1233 - RESOLUTION AUTHORIZING INTERDEPARTMENTAL BORROWING OK FUNDS DURING FISCAL YEAR 1990-91. Council Bill 1233 was introduced by Councilor Kyser. Deputy Recorder Tennant read the bill in full. On roll call vote for final passage, Council Bill 1233 passed unanimously. Mayor Kirksey declared the bill duly passed. Page 3 Council Meeting Minutes, July 9, lggO COUNCIL NEETING NINUTES July 9, 1990 TAPE READING 2079 2095 Tape 2 EXECUTIVE SESSION. City Administrator Quinn advised the Council that an executive session on this issue will be rescheduled for another meeting date. SITE ACTION PLAN - MOBILE HONE SUBDIVISION ON SOUTH HIGHWAY 9gE. Attorney Shields stated that developer Michael Wells had filed an appeal of the Planning Commission's decision with the City in order to protect his right to appeal. The Commission included a condition which would require the Public Works Director and developer to reach an agreement regarding the roadway within the development. Public Works Director Tiwari briefly reviewed the water and sewer line hook-up location to current main lines and the proposal to construct the street on the south side of the development in phases. There will be a removable barricade placed on Hawley Street into the subdivision for emergency vehicle purposes. A lengthy discussion was held on the Planning Commission conditions and staff reinterated that the subdivision conditions and agreements go with the property in the event the current developer sells the property. It was the consensus of the Council not to call a public hearing on this issue at this time. 0179 0193 CANVASS OF BALLOTS - JUNE 26, 1990 SPECIAL ELECTION. Certified election results from Marion County were as follows: Yes votes - 1,808; No votes 1,487; Overvotes - 2; and Undervotes - 3. KYSER/HAGENAUER .... accept the tally of votes as certified by the Marion County Elections Division. The motion passed unanimously. Councilor Kyser suggested that the Budget Committee move forward in submitting a tax base to citizens in November. 0215 0276 Councilor Sifuentez stated that two groups of concerned citizens will be meeting on July 19th at the Community Center and she urged Council and staff members to attend the meeting. Councilor Kyser questioned the procedure to follow in advising city staff of low hanging branches obstructing'stoP signs. Public Works Director Tiwari requested that citizens call the Public Works Dept. and service requests are forwarded to the Street Department for work assignments. O3OO Councilor Steen questioned the status of the business registration issue. Administrator Quinn stated that he would set up a meeting with Council and Chamber of Commerce representatives. 0324 Councilor Minard stated that the concerned citizen's group would like some additional information from the City as to placement of neighborhood watch signs in their area and who is going to pay for the signs. He also stated that he did not support the proposed tax base suggested that the passage of the one-year operating does not necessarily mean that a tax base would receive the same support by the voters. Page 4 - Council Meeting Minutes, July 9,1990 TAPE READING 0458 COUNCIL MEETING MINUTES July 9,1990 In reference to the staff report regarding the resignation of the Finance Director, he suggested that a Certificate of Appreciation be presented to Carolyn Murray for her service to the City. Councilor Minard informed the Council that the Housing Rehabilitation award program will be held on August 26th at the Settlemier House. He also suggested that recognition awards be given to Drums of Fire, Inc. for the Drum & Bugle Corp program and to the Jaycees for their efforts in in providing the July 4th Fireworks display. ADJOURNMENT. The meeting adjourned at 9:16 p.m.. APPROVED NANCY A. KIRKSEY, Mayor ATTEST Mary Tennant, Deputy Recorder City of Woodburn, Oregon Page 5 - Council Meeting Minutes, July 9,1990 WOODBURN DOWNTOWN ASSOCIATION MEETING~ JUNE 12~ 1990, I. CALL TO Les called the meeting to order at 7:35 AM. II. ATTENDANCE Present were: Les Reitan Bob Sigloh III. TREASURER'S REPORT None IV. WDA BUSINESS Rick 0strom Lucien Klein Don Eubank Vance Yoder Les related that he has~ sent a letter to Ken Wright asking for the blocking off of a street for "Bed Races" and suggested the Parking Lot for the "Flea Market". The Skateboard and Bike Riding contest for Saturday afternoon "Crazy Days" was discussed and the amount of prize money was suggested to be in excess of $100. Mike of the bike shop has offered to help. Les will call the City just before "Crazy Days" to remind them to install barricades. A Bike Race in the Downtown Area was suggested for next year. Rick announced that the trees on Front St. were being pruned and that our appreciation be expressed to the City. Ri'ck reported on the meeting with the City Engineer about resurfacing Front St., and that one way traffic would have to be North bound. Discussion fol- $¢ 'lowed as to why North." Sidewalk improvements were advised by Tawari and prop- ' erty owner participation was discussed. The City will get back to WDA ~ith some plans. Les will advertise for "Flea Market" participants and will talk to ~Ja~ue about answering calls in response to the ad. Rick described the Ballon Festival at Wilsonville in a very favorable light. It was wel~ organized. .' Discussion of graffitti problems and gang activity toe'~ Plaae¥~.,. Rainy weather has caused some delay in covering the graffitti. V, ADJOURNMENT Les closed the meeting at 8:25 AM. W. Vance Yoder-Secretary III. WOODBURN DOWNTOWN ASSOCIATION ME~T~J~E 19,' !990 I. CALL TO ORDER Les called the meeting to order at 7:35 AM. II. ATTENDANCE Present were: Les Reitan Bob Sigloh TRFASURER' S REPORT NONE IV. WDA BUSINESS Dave Getman Jose Castro Lucien Klein Vance Yoder Les brought the "Crazy Days" preparations and plans to the meeting. Jose Castro is in charge of the "Bed Races". Doug Wells of the Glass Shop will help him. Jose reported on the progress of the "Bed Races". Mike Harmel will oversee Bicycle Trick Riding demonstration. Cost $200. Mike also has plans for a Skate Board contest. Bob reminded Jose to have the County CommissionerB to be here for "PR". Gary Heer and Bob Prinslow were suggested. Jose has urizes going. Les will advertise for "Flea Market" participants. Jane of Chamber of Commerce will take phone calls in regards %o response to the "Flea Market" ad. Fran~ Tawari has not come back to WDA with p~ans for Front St. on~-way traffic, a bike path and angle parking have been suggested. Lucien reported that the McClaren group picked up painting supplies and will be painting graffitti at 9:00 AM this morning. Dave suggested larger barberry bushes to be planted along the curbs of the Parking Lot. He also reported on the Planning Commission's plans for parking in the Downtown Area. Lake Oswego and Tualatin are using tax increment and Business Assessment to finance controls on parking. Dave ~sked for input from WDA to the Planning Commission as they make plans to take care of parking problems. Enforcement seems to be the main problem. V. ADJOURNMENT Les closed the meeting at 8:25 AM. W. Vance Yo~er- Secretary June 25, 1990 Frank Ti~ari, Public Works Director & Woodburn City Council 920 Montgomery Woodburn, Oregon 97071 RE: South Woodburn Manufa'ctured Housing Ladies & Gentlemen: Two major issues remain to be determined as we measure the risk of starting this development in south Woodburn. A. Future LID for sanitary sewer west of the creek. B. Willingness of city to make a "stand-still" on fees agreement for the 2 1/2 to 3 years of construC- tion. On the LID, our. engineers, Trapp & Assoc., tell'!us it is a one year proposition to create and build. Your public, works director indicate~ 2 to 2 1/2'years woul.d be required. Since our potential apartment site plus acreage west of the creek, including the back of our Shalimar Mobile Park; all are held hostage by.the lack of sewer capacity, we'need an aggressive timeline from the.city. Since it can only be built in the summer or fall,.there needs to be prompt consideration to indicate to us the desires of the city. Our request for a "stand-still" on fees agreement is a reflection of the infrastructure problems of south ;toodburn. t!hile our deve~e..n~ent .~f this 42 acres must shoulder the expense cf c~rrect- ina. read, ,,,~ter,.. and sanitarv.~ deficiencies of the ,,:~ole:.,. area, should be allowed to do so :-.,ith ?.hewn costs. We want to avoid any new surprises'. Thank 'you for your oromot consideration. S ~,~ere ~ 5/i] //~ ,!/t , ,,I.. ,. //,,,,,,'? ': / ' ],!ells Sevelo~m. ent r~rou~ 26380 S.W. Pete's Mountain Rd. West Linn, Oregon 97068 (503) 656-0222 MEMO TO: FROM: SUBJECT: DATE: City Council ~hru City acmmnismrator Community Development Departmen~ 15 ~'~ 1990 - - c~n Ordinance orior to $ta==.. ~.,~sme=..~ .. ~ to ~.~vmce you with this draft ~-~-. +~=~ ~crma2' ~ ~ot~ed for you to revi .... the ~=+ ~iai pti . The acc ........ ~ ~]e folder con,al .... h= existing Sicn Ordinance were :r. inimal. The majcrSry cf ~k= revisions focused on rearrangin~ se,-c~ions of ~he tez-zr so ~he documen~ has more conrSnulty. Overa2 +'~=re .:,;ere on~'y ' .... areas cz t'-',~ or:g=na~ ordinance major revisions in the original Text {#1827) Section lO, pages 5 and 6 reg==ding - ' -~ ~-~ been reei~t~ti~.- f==~ ..... .~ si?~._ con~rac~ors, ~_~.~ section ~ deleted from the zext. As fo majc_ ~,~_ ~_~.~:.- ~here ..... ....,~ only Section ,~- ~ .... ~ ....... ~Se= for a little ='~exibiliTv and ~dministratlve discrelion. ~ =~ .... ~ '~ no~s the Plan_.-~ing Coz ..... issioL has given extensive review and rocor, mends the Cour. cil approve this The Council may t=t-=~,.~ an',..'~ ~-,f ~{~**~ fo!i~..~ acrid.... .... ~~ the ~.~.~==~ ~ a~ance ss presented and renu. est st~ff ~ submit r:n~:~,~, t~ prepare an final ........ MEMO TO: FROM: SUBJECT: DATE: MICHAEL QUINN, CITY ADMINISTRATOR NEVIN HOLLY, DIRECTOR , RECREATION AND PARKS RENEWAL OF MEAL SITE AGREEMENT JULY 17, lggO The current agreement between the Mid-Willamette Valley Senior Services Agency and the City of Woodburn expires on June 30 and is, therefore, in need of renewal. I have attached two copies of a new agreement and a resolution authorizing the Mayor to execute the agreement. The agreement is substantially the same as the current. The Meal. Site has operated in the Community Center since 1977. The program operates five days a week. They~serve between 65 and.95 meals a day to senior citizens at the Community Center. The program serves people from Woodburn and the surrounding area. I recommend approval of this lease for a two-year period beginning July 1, 1990. NH/kv d2/22 COUNCIL BILL NO. 1234 RESOLUTION NO. A RESOLUTION AUTHORIZING AN AGREEHENT WITH THE MID-WILLAI4ETTE VALLEY SENIOR SERVICES AGENCY FOR FACILITY LEASE OF A MEALSITE LOCATION AT THE WOODBURN COItlUNITY CENTER. WHEREAS, the City of Woodburn through Resolutions 859 and 904 previously authorized the Mayor to execute a "Facility Lease Agreement" between the Mid-Willamette Valley Senior Services Agency and the City of Woodburn; and WHEREAS, the Mid-Willamette Valley Senior Services Agency and the City wish to revew this agreement, and WHEREAS, the modification of said agreement has been reviewed by the City's legal counsel and found to be satisfactory, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: That the Mayor is authorized to execute a "Facility Lease Agreement" between Mid-Willamette Valley Senior Services Agency ahd the City of Woodburn for said mealsite location, a copy of which is attached for reference. Approved as to form: ~,~,~vJ._~, ~----~x~ ~__ /?__ ~ ~1 City Attorney Date APPROVED: NANCY A. KIRKSEY, 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. 1234 RESOLUTION NO. FACILITY LEASE AGREEMENT Woodburn Community Center Kitchen and Dining Room This Agreement, made and entered into this 1st day of July 1990 by and between Mid-Willamette Valley Senior Services Agency, a non profit agency, herein referred to as the Agency, and the City of Woodburn, Recreation and Parks, hereafter referred to as the City. WHEREAS, the City owns and operates certain fadlities and/or property known as Woodburn Community Center, located at 491 North Third Street, Woodburn, Oregon 97071 and herein referred to as the Facility, and WHEREAS, the parties hereto agree to enter into an Agreement for use of the kitchen and dining room areas as a congregate meal site. WHEREAS, full cooperation between the City and the Agency is in the interest of providing the best and most comprehensive range of community services with the least expenditure of public funds: NOW THEREFORE, in consideration of the premises set forth herein, the City agrees. to grant use of the above cited fadlities/properties for the period beginning July 1, 1990 and ending on June 30, 1992. The terms of this Agreement areas follows: SECTION A./AGENCY RESPONSIBILITIES 1. Facility Scheduling The Agency will have exclusive use of the kitchen area of the Facility from 8:00 AM to 2:30 PM and the dining area of the Facility from 10:30 AM to 1:30 PM every Monday through Friday. Any changes in this schedule shall be mutually agreed upon by the City and the Agency upon a minimum three (3) day notice by each party. When this Agreement is not in effect, the Facility will be held open for public use on a first come, first served basis, or scheduled by the City. 2. Facility Use The Agency will have use of the dining area and kitchen area, including kitchen equipment and utilities for food preparation and service and will provide a secured storage space for supplies. 3. Program Equipment/Supplies The Agency will provide all program supplies. Said supplies are for exclusive use of the Agency. All furniture, equipment or supplies purchased by the Agency for use at the mealsite shall remain the property of the Agency. A list of all items belonging to the Agency is attached to this Agreement as "Attachment A". Agency shall provide an updated list of any additional property purchased for the site annually at the anniversary of this Agreement. 4. Facility Alterations No alterations or additions of-an), character shall be made on, or to, the facility by the Agency without first obtaining the written consent of the City. Authorized alterations or additions shall be made at the sole expense of the Agency, who shall hold the City harmless thereafter. Authorized construction shall be the property of the City at the conclusion of the Agreement. 5. Facility Operation The Agency agrees to comply with all applicable Federal, State and Local laws and requirements governing the operation of meal sites concerning public health, sanitation, fire safety and access to services. Violation of such laws,ordinances or requirements may be considered cause for termination of this Agreement. 6. Alcohol Use The sale or consumption of alcoholic beverages is expressly prohibited during the times of operation of this contract. 7. Facility Clean-Up The Agency shall be responsible for general clean-up around the facility use area. The facility use area shall include the dining area and kitchen. Clean-up must be completed prior to leaving the Facility each night. 8. Facility Damages The Agency will be responsible for the direct costs of all damages to the facilities/properties associated with the Agency's programs and activities, not including normal wear and tear. ' 9. Advertising The Agency shall not erect signs for advertising purposes except that the Agency may erect and display one (1) sponsor board per program. Design for and location of said sponsor board must be approved by the City. 10. Admission Fees The Agency shall operate in accordance with Federal and State provisions governing collection of donations and meal cost fees, namely: persons eligible for the meal program shall participate on a donation basis and no eligible participant shall be denied a meal for failure to donate. All other persons shall be charged a set fee for the cost of the meal. No other charges or fees shall be made by the Agency or its designee for programs or activities of the Agency on City facilities/properties, unless prior approval has been obtained from the City. 11. Facility Access The Agency shall provide to the City access to the facility during the hours of occupancy for the Agency for the purpose of inspecting and making repairs to the facility/property. 15. Agency_ Financial Statement If required by the City, ttxe Agency shall place a copy of its most recent financial statement on file with the City at a time before agreement is concluded. 16. Non-Discrimination Statement The Agency shall place a copy of a statement on file with the City which indicates that all persons shall be offered the opportunity to participate in all Agency programs, regardless of race, color, religion, national origin, handicap or other non-merit factors. The statement shall be on file at a time before an agreement is concluded. 17. Facility Rental Fee The-Agency will pay a monthly rental fee of $230 by the 10th of each month, to the City for use of the premises described herein and contingent upon the conditions of this Agreement. 18. Program Administration The Agency retains responsibility for establishing, implementing and monitoring of program policies and procedures. The Agency shall cooperate with the City in making announcements and conducting programs of interest or benefit to mealsite participants. SECTION B./CITY RESPONSIBILITIES 1. Facility Repairs The-City shall be responsible for all repairs to the facility and adjacent parking areas, pathways and restroom areas when necessary. Work of any kind performed by the City requiring closing of any section of the facility by the City shall be coordinated with the Agency to minimize the impact of scheduling. Cost of repairs will be subject to Section A, (8). 2. Facility Maintenance The City agrees to keep facilities in good repair, keep City's kitchen equipment properly maintained and ensure utilities such as water, heating, cooling and restrooms and restroom supplies are.available. The City shall provide regular janitorial services and garbage removal from site. 3. Utility Cost The City shall be responsible for all water, sewer, electrical and gas utility costs incurred by this program(s) during the period of use. 4. Special Use All special uses of the facility/property must be approved by the City. 5. Agreement Administration If, in the judgement of the City, the manner of operation of the facility/property does not meet the requirements of the 12. Insurance ProviSions The Agency shall, precedent to the execution of this Agreement, furnish to the City a certificate of insurance in companies doing business in Oregon and acceptable to the City covering: 1. Worker's Compensation Insurance (if applicable). 2. Comprehensive Liability Insurance covering all operations and automobiles: Ce fe ge With limits of $200/$500,000 bodily injury. With limits of $100,000 property damages inclusive of protection against damage due to excavation, shoring, underpinning and blasting, to the extent to which such risks are present. With location and operations to which the insurance applies. With expiration dates of policies. Including an endorsement incorporating the hold harmless agreement. Including certificates containing an agreement that the policies certified will not be changed or cancelled without ten (10) days prior notice to the City as evidenced by return receipts of registered or certified letters. The name and address of the party to whom the certificate should be issued is: City of Woodburn, 491 N. Third Street, Woodburn, Oregon 97071, Attention: Director Recreation and Parks. 13. Hold Harmless The Agency shall save, indemnify, defend and hold harmless City from any and all liability arising out of or resulting from Agency's performance or non- performance of its obligations under this Agreement, including any liability arising out of or resulting from the actions of Agency, its officers, employees, agents and assigns. The City shall save, indemnify, defend and hold harmless Agency from any and all liability arising out of or resulting from City'~ performance or non- performance of its obligations under this Agreement, including any liability arising out of or resulting from the actions of City, its officers, employees, agent and a gign . 14. Agency Bylaws The Agency shall place a copy of the Charter and Bylaws of the Agency on file with the City at the time of application for a use permit. The provisions of the Charter and Bylaws will be reviewed and deemed acceptable by the City before an Agreement is concluded. A list of current officers and the Board of Directors will be provided at the same time. Agreement, or if the Agency is in default of any other term of the Agreement, the City shall give the Agency written notice spedfying the particulars of the unsatisfactory performance or default within seven (7) days after receipt by the Agency of such notice, the City may terminate this Agreement in accordance with Section C-8. The decision of the City on any such matter will be final. 6. City Use Of Furniture And Equipment Upon approval of the Nutrition Program Manager the City shall have uses of Agency furniture and equipment during hours when the Agency is not using the equipment or furniture as a part of the meal site program. The City will be responsible for direct and indirect costs of all damage to furniture or equipment assodated with City use and agrees to return furniture and equipment to original arrangement for mealsite use. 7. Facility Operation The City agrees to comply with all applicable Federal, State and Local laws and requirements governing the operation of mealsites concerning public health, sanitation, fire safety and access to services. Violation of such laws, ordinances or requirements may be considered cause for termination of this Agreement. SECTION C./IOINT RESPONSIBILITIES 1. Legal Foundation The validity and interpretation of this Agreement and each provision and part thereof shall be governed by the laws of the State of Oregon and the Ordinances of the City. 2. Contract Modification This Agreement may be modified by mutual agreement of the parties. No waiver modification of any term, condition or provision of this Agreement shall be valid, or of any force or effect, unless made in writing and signed by the parties thereto. 3. Notice All notices required to be given to the Agency shall be deemed given to the Agency by depositing the same in the United States Mail, postage prepaid and addressed to: Nutrition Program Manager, Mid-Willamette Valley Senior Services Agency, 220 High Street N.E., Salem, Oregon 97301. All notices required to be given to the City shall be deemed given to the City by depositing same in the United States Mail, postage prepaid and addressed to: Director of Recreation and Parks, City of Woodburn, 270 Montgomery Street, Woodburn, Oregon 97071. 4. Contract Breach Each item of this Agreement is material and any breach of the Agreement shall be grounds for the termination of the entire agreement by the City. If either party to this Agreement files a legal action for breach of any covenant or condition contained in this Agreement, the prevailing party shall be entitled to reasonable attorney's fees. 5. Extent Of Agreement It is expressly agreed that this Agreement embodies the entire Agreement of the parties in relation to the subject matter and that no understandings or agreements, verbal or otherwise, in relation thereto exist between the parties except as hereby expressed set forth in this Agreement. 6. Assignment Of Agreement No assignment of this Agreement, or any of its interests thereunder by the Agency shall be valid without the prior written consent and approval of the City. 7. Extension Of Agreement The City shall have the right to grant reasonable extensions of time to the Agency for any purposes or for the performance of any obligation of the City thereunder. 8. Termination Of Agreement Either party may at any time during the life of this Agreement, or any extension thereof, terminate this Agreement by giving 30 days written notice to the other party. NOW, THEREFORE, it is mutually agreed according to the terms heretofore enumerated, and as witness thereof, the parties hereby set their hands and affix their seals in Agreement this day of ,1990. Signature Signature Position Position Mid-Willamette Valley Senior City of Woodburn Services Agency Seal Seal ATTACHMENTS [] Agency Charter and Bylaws [] Registrar of Current Officers and Board of Directors [] Current Financial Statement APPROVED AS TO FORM Legal Counsel COUNCIL BILL NO. RESOLUTION NO. 1~35 A RESOLUTION AUTHORIZING INTEROEPARTNENTAL BORROWING OF FUNDS DURING FISCAL YEAR 1990-91. WHEREAS, expenditures within the General Fund, Transit Fund, Library Fund, Park and Recreation Fund, Federal Programs Fund, and Housing Rehabilitation Fund will exceed revenues received at the time of the expenditures, therefore, interdepartmental loans are necessary to comply with Local Budget Law. Oregon Revised Statutes 284.460 allows this type of loan; now, therefore, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. During fiscal year 1990-91, funds not to exceed $750,000 be loaned to the General, Transit, Library, Park and Recreation, Federal Programs, and Housing Rehabilitation Funds from Water, Wastewater, Street, Water Well Construction, City Hall Construction, Library Endowment, General Operating Reserve, Wastewater Equipment/Reserve, Water Equipment Reserve, Water Capital Improvement, Wastewater Capital Improvement, Street/Storm Drain Capital Improvement, and State Revenue Sharing Funds. Section 2. That said loans be returned to the respective funds listed in Section 1 of this Resolution no later than June 30, 1991. Section 3. That the funds returned shali be obtained from property tax revenues levied for fiscal year 1990-91 within the General, Transit, Library, and Park and Recreation Funds; from Federal revenues within the Federal Programs Fund; and from Community Development Block Grant funds within the Housing Rehabilitation Fund. APPROVED AS TO FORM:'''~'~ ~ ~-~- r ~--~ ~ City Attorney Date APPROVED NANCY A. KIRKSEY, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Mayor ATTEST Mary Tennant, Deputy Recorder City of Woodburn, Oregon Page 1 - COUNCIL BILL NO. RESOLUTION NO. 1235 COUNCIL BILL NO. 1236 RESOLUTION NO. A RESOLUTION AUTItORIZING A LIHITED POWER OF AI-I'ORNEY TO PAY FOR CLEVELAND STREET ROAD [I~PROVEHENTS. WHEREAS, the City Council formed a local improvement district to finance the improvement of Cleveland Street; and and WHEREAS, assessments have been levied to finance said improvement; WHEREAS, matching funds have also been obtained from the state and federal governments, and WHEREAS, the City's share of the Cleveland Street project must now be deposited with the state, and WHEREAS, depositing the City's share in the Local Government Investment Pool will enable interest to be accrued on said funds to the benefit of the City, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the sum of $300,000 is to be deposited in account number 5448 of the State of Oregon Investment Pool for the purpose of creating a fund from which to pay the City's share of the cost of certain road improvements to be made in connection with Cleveland Street. Section 2. That the irrevocable limited power of attorney, which is attached hereto and by this reference incorporated herein, is hereby authorized by the City of Woodburn. City Attorney Date APPROVED: NANCY A. KIRKSEY, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Mayor ATTEST: Mary Tennant, Deputy Recorder City of Woodburn, Oregon ~a~ge i - COUNCIL BILL NO. 1236 RESOLUTION NO. NElL CaOLDSCHMIDT GOVERNOR Department of Transportation HIGHWAY DIVISION TRANSPORTATION BUILDING, SALEM, OREGON 97310 July 17, 1990 In Reply Refer to File No.: PRO G. S. Frank Tiwari Director of Public Works 270 Montgomery Street Woodburn, OR 97071 Subject: Front Street-Pacific Highway East Cleveland Street, M-5262(3)(4) Dear Mr. Tiwari: This letter is to revise the city's estimated share of the subject project based on your derision to borrow Federal-Aid Urban funds beyond the current Surface Transportation and Uniform Relocation Assistance Act (STURAA). The city's cost is computed as follows: Total Estimated Project Cost Less Estimated Federal Funds Less State Match (9% Match) Less Estimated City Match on PE Performed by City BALANCE, CITY SHARE 793,865.72 (442,866.00) (49,400.00) (1,600.00) $ 299,999.72 ROUNDED $300,000 An agreement will be forthcoming which provides for the city to borrow up to one year beyond the current STURAA. Sincerely, Linda 1. Willnow Urban Program Coordinator Program Section LJW:pf Form 734-3122 (9-87) AN EQUAL OPPORTUNITY EMPLOYER N~IL GOLDSCHMIOT Department of Transportation HIGHWAY DIVISION TRANSPORTATION BUILDING, SALEM, OREGON 97310 July 6, 1990 In Reply Refer to File No.: PRO G. S. Frank Tiwari Director of Public Works 270 Montgomery Street Woodburn, OR 97071 SUBJECT: Front Street-Pacific Highway East Cleveland Street, M-5262(3)(4) On June 28, 1990, we received a satisfactory bid from Roy L. Houck Construction of Salem for the Cleveland Street project. The city's share of the project costs is computed as follows: Contract Amount Additional Anticipated Items: Railroad Protective Costs $ 15,000.00 Other Railroad Costs 40,000.00 Permanent Pavement Striping 2,900.00 Statistical Asphalt Bonus 1,300.00 EEO/Labor Compliance Monitoring 2,372.26 Estimated Cost for Change in Surface Design SUBTOTAL Contingencies (4.5%) Engineering TOTAL ESTIMATED CONSTRUCTION COST Estimated Preliminary Engineering TOTAL ESTIMATED PROJECT COST Less Estimated Federal Funds Less State Share of Match Less Estimated City Match on PE Performed by City BALANCE, CITY SHARE $ 593,064.50 61,572.26 17,800.00 $ 672,436.76 30,3_59.65 60,519.31 $ 763,215.72 30,650.00 $ 793,865.72 (399,219.00) (44,526.00) (1,600.00) $ 348,520.72 ROUNDED $348,500 Form734-3122(9.87) AN EQUAL OPPORTUNITY EMPLOYER G. S. Frank Tiwari July 6, 1990 Page 2 Please deposit the city's estimated share of $348,500 by July 20, 1990, using one of the methods described in the attachment. The contract for this project will be awarded upon Commission approval and receipt of your deposit. Linda J. Willnow Urban Program Coordinator LJW:pf Attachment ·" IRREV0C;ABLE LIMITED POWER OF ATTORNEY LOCAL GOVERNMENT INVESTMENT POOL The CITY OF W00DBURN, OREGON hereby appoints the Local Government Unit · Investment Manager of the Oregon State Excess Fund, as attorney in fact for it and said officer shall have the power of attorney to negotiate warrants made payable to the Oregon State Department of Transportation, Highway Division, and delivered to said officer by either Donald E. Forbes, State Highway Engineer; Douglass R. Goldbach, Highway Division Controller; Richard J.Hacek, Assistant Controller; Kathleen A. Grabski, Processing Supervisor; for'~he State of Oregon, for the purpose of depositing the proceeds of such warrants to the account of the Oregon State Department of Transportation, Highway Division, with the State Treasurer. The CITY OF. W00DBURN. OREGON has deposited with Local Government Unit the State of Oregon Investment Pool the sum of $ 300,000.00in Account No. 5448 The purpose of this deposit is to create a fund from which to pay its share of the cost of certain improvements to be made in connection with Project Name CITY OF W00DBURN - ROAD IMPROVEMENT PROJECT (Cleveland Street Improvement) By this document it authorizes the Highway Division of the State of Oregon, Department of Transportation to draw on the account created by this instrument for the purpose above stated with the State Excess Fund. The authorized signatures of withdrawal will be one of any of the follOwing: Donald E. Forbes, Douglass R. Goldbach, Richard J. Hacek, Kathleen A. Grabski. The signature of' either upon a voucher in a form acceptable to the custodians of the State Investment Pool shall constitute proper authority for the withdrawal of money up to the total amount of the deposit identified above. The authorized signatures of the above individuals shall be furnished by the Highway Division of the Department of Transportation to the State Treasury Department. This power of attorney was authorized by Local Government Unit this day of ., 198__ by a vote of the majority of a quorum of its governing body. KG/PC;Igk./t..Lmi~-,d Power of Attorney 734-1812-(4-88) ADVANC'E DEPOSIT OPTIONS OPTION I CASH Local Agency makes their check in the prescribed amount payable to the Oregon State Highway Division and sends it to Highway Accounting, Room 434, Transportation Building, Salem, OR 97310. OPTION 2 LETTER OF CREDIT (Sample Attached) Local Agency obtains an irrevocable letter of credit (sample attached) from a bank, savings bank, trust company or savings association, and sends it to Highway Accounting, Room 434, Transportation Building, Salem, OR 97310. NOTE: The Local Government share of the estimated cost must at all times be covered by some form of advance deposit. We may ask the Local Government to extend a letter of credit upon its expiration or they may choose to replace the balance of an expired letter of credit with either cash or a deposit in the Local Government Investment Pool. The expiration date for a letter of credit on this project should be ~~ ~ ~./. OPTION 3 LOCAL GOVERNMENT INVESTMENT POOL Local Agency wires prescribed amount from their bank to the State Treasurer's Office for deposit in the Local Government Investment Pool. Local Agency furnishes the State Treasurer with an irrevocable limited power of attorney and a confirmation of deposit of funds to Local Government Pool {forms attached}, with a copy of both to Highway Accounting, Room 434, Transportation Building, Salem, OR 97310. Local Agency receives the interest which is credited daily and posted monthly. A monthly statement is furnished by the Store Treasurer, showing transactions and accrued interest. NOTE: If a'blanket power of attorney has been previously submitted, furnish a copy of the confirmation of deposit of funds to Local Government Pool to Highway Accounting. DEPOSIT CONFIRPATION OF DEPOSIT OF FUNDS TO LOCAL GOVERNMENT POOL DATE OF DEPOSIT: TO: (~oca! Bank) You are hereby authorized to charge our Bank Account Number I the sum of $ and transfer the above =~ount to your head office, or correspondent bank in Portland, for the account of State Treasurer, Local Gove. rmment Investment Pool Ac- count. LOCAL GOVEPJq~h'r POOL ACCOUNT NLrMBERS (check appropriate account) BANK U.S. NATIONAL BANK OF OREGON FIRST INTERSTATE BANK OF OREGON, N.A. ~ OREGON BANK THE BANK OF CALIFORNIA, ACCOUNT NUMBER 010-300-S65 003-65044-7 S$-004-186 003:067279 BY: (Authorized Signature) (Local Government Unit-Account Na~e) POOL ACCOUNT NUMBER: # NOTE: All Deposit notices must be made BY PHONE to the Local Government ---- Pool (1-800-4S2o034S) NO LATER than 1~.:00 a.m. on the day of which the deposit is to be m~de effective. 24-HOUR notice is Required for deposits of $ 1,O00,O00 or more. A copy of this for=must be received by YOUR LOCAL BANK the sa~e day as deposit, A~D a copy ~ust be mailed to the Local Government Pool #ITHIN S DAYS-~rom date of deposit. Mail to: Oregon State Treasury cc: Highway Accounting Room'434 Transportation Bldg. Salem OR 97310 -Local Government Pool Room 1S9 State Capitol Salem, Oregon 97310 :)OCia, tr~f'J I AI~/Y S'I AI;1;I; ~ f'O. IIOX ?LL C0~'.I.r.~F0.'!B.~!IT ~AI!!( CI1ATlr t", ;E I:~l;I !,:.:nU:IT OIIIGINAI. State or -OreL;on Dernt'LmeuL of Transportation Ilitht:ay D~v~s~on Traucport.qt J on l',ui ld ing Sa I c,,), Oregon 97310 .... 3456 OF ISS, LIING, OAtlK 3456 &FPIIIC ANT -- CAMAS DEVELOPHENT, INC. P.O. Box 1234 end, Oregon 97701 AMOUNT \ $?5,300.00 . ~6eventy-five Thousand Three ~undred ~nd No~I~O U.S. ~llars /J' Al,LC IIYj~C~.ClTIA?iOI/ C)# VOUI Orl&r1(~) i~lli%.lf/ 0~1 · BENEFICIARY's SiC certifying that the amount' drawn represents: 1. An 10 per.c.ent of the total deposit, and/or ,, Monthl' based on the applicable share of project costs. nt of Contract work, Construction engineering and/or ost incurred Relative to the Installation of a .c signal on Pacific Highway E. @ Union Avenue in Salem Oregon. N/A ~/A ADVISING UANK'$ NOTIFICATION FROM: RE: DATE: MICHAEL QUINN, CITY AOMINISTRATOR N. ROBERT SHIELOS, CITY A1TORNEY RESOLUTIONS APPROVING CONTRACTS FOR COMPUTER SYSTEM dULY 18, 1990 After the July 9, 1990 decision of the Woodburn City Council to replace the City's computer system, I know that you have been extremely busy in implementing the replacement. This implementation involves the execution of several contracts. Due to time constraints, copies of the complete contracts were not avaiable at the time the Council packets were sent to the Council in preparation for the July 23 meeting. Because of this I have not approved the documents as to form. Hopefully, complete copies of the agreements will arrive in the next couple of days and can be reviewed so that they can be acted upon at the July 23 meeting. NRS/kv COUNCIL BILL NO. / ~)37 ~ RESOLUTION NO. A RESOLUTION APPROVING A CONPUTER HARDI/ARE AGREENENT HITH BUSINESSLAND, AND AUTHORIZING THE HAYOR TO SIGN SAID AGREEHENT. W~EREAS, staff conducted a comprehensive evaluation of the City's current computer system, and WHEREAS, the evaluation concluded that, in the on-going attempt to provide the best possible service to the citizens of Woodburn, the current centralized computer system be replaced with a PC-based LAN system, and WHEREAS, the Woodburn City Council, at the meeting of July 9, 1990, pledged support of the computer system replacement, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOIJS: Section 1. That the City of Woodburn enter into an agreement with BUSINESSLAND for computer hardware. Section 2. That the Mayor is authorized to sign said agreement, a copy of whiCh is attached hereto, on behalf of the City of Woodburn. APPROVED AS TO FORM: City Attorney Date APPROVED: NANCY A. KIRKSEY, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Mayor ATTEST: Mary Tennant, Deputy Recorder City of Woodburn, Oregon Page I - COUNCIL BILL NO. RESOLUTION NO. TERMS AND CONDITIONS WARRANTIES. Seller warrants that products sold hereunder (the "Products") are free and clear of all liens or encumbrances. Unless otherwise stated on the face hereof, Seller warrants that all manufacturer's warranties applicable to the Products are in full force at the time of sale to Buyer, and that such warranty periods and terms shall be as provided by manufacturer for new equipment. 30 DAY GUARANTEE. If, for any reason other than pricing, Buyer is not satisfied with a hardware Product purchased hereunder which is a Standard Businessland Product (a Product which is normally stocked; serviced, and supported by Businessland, identified by a stocking level 1 through 3 and a support code A or B on the current Businessland Retail Price Lis0, that Product may be returned within thirty (30) days from the date of purchase to the Businessland location from which it was ordered, provided it is in the original configuration as delivered and has not been altered, modified or damaged by Buyer. (Unless Buyer elected to receive the Product without its original packaging, any Product returned to Busine~siand without its original packaging will be assessed a 15% restocking fee.) The foregoing is Buyer's exclusive remedy in connection with this guarantee. Buyer acknowledges that software and supplies, including but not limited to paper, ribbons, printwheels, removable disks, diskettes and tapes, shall not be eligible for the foregoing return privileges. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SELLER 'MAKES NO WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS OR REPLACEMENT PARTS SUPPLIED HEREUNDER. SELLER EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ON THE PRODUCTS OR REPLACEMENT PARTS. qD ASSUMPTION OF RISK. Buyer recognizes that the use of computer products involves a substantial risk of loss of stored data and that industry standards dictate Buyer's systematic use, in conjunction with any central processing unit, of products which provide comprehensive backup of data so as to prevent such loss. In addition to the other risks assumed by Buyer hereunder, BUYER ASSUMES ALL RISK OF LOSS OF DATA FROM ANY AND ALL CAUSES OR IN ANY WAY RELATED TO OR RESULTING FROM THE SALE OR SERVICE OF PRODUCTS BY BUSINESSLAND, AND BUYER HEREBY RELEASES BUSINESSLAND FROM LIABILITY FOR ANY LOSS OF BUYER'S DATA. LIMITATION OF 'LIABILITY. SELLER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION I,N CONTRACT OR TORT(INCLUDING qD -_ 2 NEGLIGENCE AND STRICT LIABILITY), SUCH AS, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS OR BENEFITS RESULTING FROM THE USE OF A PRODUCT OR ANY BREACH OF THIS AGREEMENT, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SELLER'S LIABILITY EXCEED THE PRICE PAID FOR THE PRODUCT OR SERVICE. Title to and risk of loss of the Products are transferred to Buyer upon Seller's delivery of the Products to the carrier, unless the Products are sold F.O.B Destination of Seller is to install the Products, in which case title and risk of loss pass to Buyer upon tender of the Products to Buyer at the delivery of installation site. Seller retains a security interest h~ the Products, including all accessories to and replacements of the Products, to secure performance of all Buyer's obligations under this Agreement. If payment is not received within thirty (30) days of the date shown on the front hereof, Buyer will promptly-pay to Seller a finance charge equal to the lesser of one and one-half (1.5%) percent of the outstmtding balance for each month during which payment was due and not received, or the highest rate allowed by applicable law. Buyer warrants that Products are being purchased for its own use and not for resale. All replacements parts provided by Seller in cormection witlx its repair or service of a Product pursuant to this Agreement shall be new or reconditioned to manufacturer's specifications. Such replacement parts shall be warranted by Seller to comply with manufacturer's specifications. Such replacement parts shall be warranted by Seller to comply with m~nufacturer's specifications for a period of thirty (30) days from the date of service. In the event Seller commences an action ~eeking enforcement of the terms and conditions of this Agreement, it shall be awarded, h~ addition to damage, conjunctive, or other relief, it~ reasonable costs and expenses, including attorney fees. This agreement shall be governed by the laws of the State of California, exduding the choice of law or conflicts principles which might otherwise refer to the substantive laws of another jurisdiction. The entire understanding between the parties is incorporated in the Agreement, and it supersedes and merges all prior discussions and agreements between the parties relating to the subject matter hereof. This Agreement can be modified only by a written amendment duly signed by persons authorized to sign agreements on behalf of each party, and it shall not be supplemented or modified by any course of dealing or trade usage. 505-~74-165~ PAGE 04 Businessland Gold Credit Support Agreement ARTICLE ONE: DEFINITIONS 1.1 "Network System" means all Network Operating System Hardware and Software (as hereinafter defined) and all other hardware and applications software which function as an electronic communication system located at, or to be installed at, Customer's site, but not including the Cabling Components, as hereinafter defined. 1.2 "Network Operating system Hardware and Software" means those items of computer hardware and software, consisting of workstation components, servers, gateways and network operating system software, which enable computer equipment to function as a Network System. 1.3 "Cabling Compoi~e~ts" means the cable and other elements of the connecting wiring required for proper functioning o.f the Network System, which have been, or will be, installed under .',eparate ~_~ontract between Customer and a third party contractor (the "Cabling Contractor"), unless otherwise agreed upon in writing by Businessland and Customer. 1.4 "Gold Credit 'Services" means those Businessland services in support of Customer's network system which are available to Customer under this Agreement, pursuant to the then-current schedule of Gold Credit Services. 1.5 "Gold Credit" means a unit of Businessland services available for purchase by Customer hereunder which may be applied to any Gold Credi! Service. The number of Gold Credits required for any Gold Credit Service will be as specified in the Schedule of Gold Credit services (as hereinafter deflated) current o~ the date of Customer's order. 1.6 "Schedule of Gold Credit Services" means the list of Gold Credit ,Services offered by Businessland, together with the corresponding required number of Gold Credits for each service, as updated by Businessland from time to time.' 1.7 "Retail Price List" means the general list of products and ~ervice~ offered for sale by Businessland entitled "Businessland Retail Price List-by Vendor", which list Businessland revises for publication on a monthly basis. 1.8 "Standard Businessland Products" means those products which are normally stocked and serviced by Businessland, which products are identified with a Stocking Level 1, 2 or 3 and a Service Code of A or B on the then- current Retail Price List. ARTICLE TWO: PURCHASE OF GOLD CREDITS BUSINESLAND:~9 FAX 503-27~-1661d ~Hb~ ~7 2 2.1 Durii~g.the term of this Agreement Customer shall be entitled to purchase Gold Credits to be applied, at Customer's Option, toward any Gold Credit Service according to the required number of Gold (2redits specified in the then-current Schedule of gold Credit Services. 2.2 All Customer orders for purchase of Gold Credits shall be by written purchase order. 2.3 Except as provided iii Section 4.2 hereto, Gold Credit purchases are non- ref~mdable. 2.4 Gold Credits shall beconie void if not used within two(2) years from the date of purchase. ARTICLE THREE: PRICE AND PAYMENT 3.1 The price of Gold Credits shall be the price listed in the Retail Price List current on the date of placement of Customer's order for Gold Credits. Gold Credit prices may be modified by Businessland at any time upon notice in the Retail Price List. 3.2 Payment for purchase of Gold Credits ,shall be due at the time of order placement, unless Customer has qualified for Businessland's credit terms, in which case payment shall be due within thirty (30) days from the date of invoice. 3.3 In addition to payment for purchase of Gold Credits, customer agrees to reimburse Businessland for all reasonable expenses incurred by a Businessland employee in the performanc, e of services at any Customer location which is more than twenty-five (25) miles from the nearest Businessland Center. Such expenses shall include, but not be limited to, transportation, meals, lodging, and long distance telephone calls. All such expenses shall be billed separately to Customer, and shall be payable within thirty (30) days from date of inwfice. ARTICLE FOUR: UTILIZATION OF GOLD CREDITS 4.1 Customer shall receive a monthly statement showing its Gold Credit account activity during the prior month. This statement will list new orders for Gold Credits, identify all expenditures of gold Credits, and state Customer's opening and closing balance of Gold credils. Businessland will provide notice of any change s to the Schedule of gold Credit Services with Customer's monthly statement. ~USINESLAND:~ F~× 50~-~?~-1~ F~E 07 qb 4.2 Busines~sland reserves the right to modify its Sdledule of gold Credit Services at any t|me upon thirty (30) days prior notice given to Customer. In the event of any such modification which eilher discontinues of the "core" Gold Credit Services (identified in Article 6 hereto), or increase the number of Gold Credits required for such a service, Customer shall be entitled to terminate this Agreement and obtain a refund for the price paid for those gold Credit~ remaining on its account at the time ot termination, provided that Customer notifies Businessland in writing of its intent to so terminate within fifteen (15) days of Businessland's notice of modification to the schedule of Gold Credit Services. ARTICLE FIVE: TERM 5.1 The term of this Agreement shall be for one (1) year. Thereafter, this Agreement shall be automatically renewed for successive one (1) year periods unless either party gives written notice to the other of its intent not to renew at least thirty (30) day~ prior to the end to the term. 5.2 The terms of this Agreemem shall continue to apply to any unused Gold Credits following termination until expiration of such Gold Credits pursuant. to Section 2.4 hereto. ' ARTICLE SIX: CORE GOLD CREDIT SERVICES 6.1 Businessland currently offers the following "core" Gold Credit Services. A. Systems Engineer Consulting and _Systems Integration. Businessland Systems Engineers will be available to Customer, on an hourly basis, for a wide range of consultation and integration services related to the Network System. Time spent by a Systems Engineer in traveling to customer's site ,~hall be included in the hours billed to the Customer. B. Solution Line Telephone Support. Telephone support is available via the Businessland 5olution Line hotline during the hours of 6:30 am to 6:00pm . (Pacific Standard Time), Monday through Friday, excluding Businessland holldaya. The list of lhe products currently supported by Solution are listed on the face hereof. Solution Line telephone support is provided on a per-Solution basis, with a "Solution" defined as a re,~ponse by Businessland to a Customer support questio~x, whiclt (a) in the case of a Customer support question seeking an answer to a specific Customer problem, advise corrective steps or procedures based o~'an initial determination of the cause of the Customer's problem, or (b) in the case of a Customer support question requesting information not directly related to a specific Cuslomer problem, accurately answers the question. 3 4 Customer may ask more than one support question during the same telephone call; however, each Solution provided by Businessland during the call will be charged as a separate solution. Any Customer problem which is diagnosed as requiring service by an authorized Businessland Service Center will not be charged as a Solution. Businessland shall not be obligated to provide telephone support in response to a Cutltomer support question relating to any of the following: (a) electrical work external to a supported product, (b) maintenance of accessories or attachments to a supported product, (c) specification changes to a supported product, (d) writing program code, or (e) special features or additional functions of a product which are not supportecl by the product manufacturer. In the event of a Businessland response to a Customer support question which provides a diagnosis that Customer's problem is due to one of the above facts, such response will be charged as one solution; however, Businessland will provide no further telephone support with respect to such factors. IJusinet;sland may, at its option, refuse to respond to any Customer support question which, buy its nature, calls for.a response in the form of extensive'basic training on product usage which is separately available to . Cu~;torn~zr through product user manuals or user training courses. C. Network Administrator Traini. ng. Gold Credits may be applied toward the attendance of Customer's network adn'dnistrator(s) at BuSinessland Network Administrator classes. 6.2 Businessland may add additional Gold Credit Services upon notice to Customer with it~ monthly statement. Businessland reserves the right to withdraw or modify any of tire gold Credit Services pursuant to Section 4.2 hereto. ARTICLE 7: CABLING SYSTEM 7.1 Unless otherwise agreed to in writing, Customer acknowledges and agrees that Businessland will have no responsibility with respect to the designed, installation or performance to the Cabling Compone~ts. customer has purchased, or will purchase the the Cabling Components and the installation services for these components directly from the Cabling Contractor. 7.2 Cuatomer rec, ogxtize~ that it is Customer's responsibility to procure from the Cabling Contractor the following: (a) A Certificate of Cabling Completion .stating that the cabling equipment has been installed correctly and is operational and in good working order, and (b) A written warranty stating that each item of the Cabling Components shall be in good working condition and free from defects in design, material and workmanship, under normal use a~d service for a period of one (1) year after the date of the Certificate of Cabling Completion. -_ 5 Upon Businessland request, Customer will provide Businessland with a copy of the above Certificate and warranty statement. 7.3 Businessland shall not be liable for any delays due to failure of the Cabling Contractor to complete the proper and timely installation of the Cabling Components. 7.4 Subject to the foregoing, Businessland may, upon Customer's request and as a Gold Credit Service, assist Customer in diagnosis of problems with tl~e cabling components, in which event Businessland's obligation shall be as stated in Section 8.3 and 8.5 hereto. ARTICLE 8: WARRANTIES 8.1 Businessland warrants to Cu.stomer that the services rendered under tiffs . Agreement will be performed by qualified personnel in a workmanlike manner. All planning, advising and consultation ~ervices provided hereunder are based on Busine~sland's best assessment of the issues, in view of the following: all information provided by the Customer, the available product information from product manufacturers and public ~ources, and in some instances, independent product te.sting by Businessland. 8.2 With respect to products on the Network system purdxased from Businessland, Customer acknowledges and agrees that the terms and condition~ applicable to such purchase are.the terms statecl on the standard Businessland invoice delivered to Customer with such equipment. Under the Gold Credit Agreement, Businessland will provide assistance to customer itt co~npatibility testing and systems integration for all equipment purchased which is Standard Businessland Product. Businessland will use reasonable efforts in integrating such products on Customer Network System. However, Businessland makes no warranty regarding the performance of ,such products on the Network System. 8.3 Fron,t time to time Businessland may also provide assistance to Customer in compatibility testing and systems integration of products other than Standard Products purchased from Businessland. In such instances Businessland shall use reasonable efforts to assist Customer in the evaluation and integration of such products; however, Businessland makes no warranty as to the perforn'tance of such products or as to their con'tpatibility with other equipment on Cu~tomer'~ Network System 8.4 With rt, pect to axty hardware replacement part sold or supplied by Businessland in connection with service~ under this Agreement, Businessland warrants all replacement parts for a period of ninety (90) calendar days from the date of service, during which period any defective part in~talled by Busines.sland will be replaced at no additional charge. qb Replacement parts may be new or reconditioned. The remedy stated in this Section 8.4 shall be Customer's exclusive remedy in connection with performance of parts supplied by Businessland. 8.5 DISCLAIMER OF WARRANTIES. BUSINESSLAND MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY SERVICE, PRODUCT OR PART SUPPLIED BY BUSINESSLAND AND BUSINESSLAND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ON PRODUCTS OR PARTS. BUSINESSLAND MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO PERFORMANCE OF ANY PRODUCT ON THE NETWORK SYSTEM AND BUSINESSLAND'S OBLIGATIONS WITH RESPECT TO ANY SYSTEMS INTEGRATION SERVICE IS EXPRESSLY LIMITED TO THAT STATED IN SECTIONS 8.2 AND 8.3 HERETO. ARTICLE NINE: ASSUMPTION OF RISK AND LIMITATION OF LIABILITY 9.1 ASSUMPTION OF RISK. Customer recog~izes that the use of computer products entails a substantial risk of los~ of magnetically stored data, and that industry standards dictate Customer's systt~matic u~e, in conjunction with arty central processing unit, of products which provide comprehensive back up of data so as to prevent such loss. In addition to otl~er risk assumed by Customer hereunder, CUSTOMER ASSUMES ALL RISK OF LOSS OF ITS MAGNETICALLY STORED DATA IN ANY WAY RELATED TO OR RESULTING FROM THE SUPPLY OF SERVICES OR PRODUCTS BY BUSINESSLAND, AND CUSTOMER HEREBY RELEASES BUSINESSLAND FROM ANY LIABILITY FOR LOSS OF CUSTOMER'S MAGNETICALLY STORED DATA, WHETHER OR NOT CAUSED BY BUSINESSLAND'S NEGLIGENCE. 9.2 LIMITATION OF LIABILITY. BUSINESSLAND SI IALL NOT BE.LIABLE FOR ANY INDIRECT OR INCIDENTAl, SPECIAL OR CONSEQUENTIAL DAMAGES WHETHER IN AN ACTION IN CONTRACT OR TORT(INCLUDING NEGLIGENCE AND STRICT LIABILITY), SUCH AS, BUT NOT LIMITED TO LOSS OR ANTICII-'ATED PROFITS OR BENEFITS RESULTING FROM THE USE OR SERVICING OF A I'ItODUCT OR ANY BREACH OF THIS AGREEMENT, EVEN IF BUSINESSLAND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT WILL BUSINESSLAND'S LIABILITY EXCEED THE PRICE PAID FOR THE PRODUCT OR SERVICE. ARTICLE TEN: FORCE MAJEURE Businessland shall not be liable to Customer for any failure or delay in performance lvereunder to the circumstances b~'yo~d its reaso~table control, 6 7 including, but not limited to, Acts ut' God, accident, fire, storm death, injury or illness of key personnel, acts, commissions and default to third parties, and official, governmental or judicial action not the fault of Businessland. ARTICLE ELEVEN: EMPLOYEE SOLICITATION. For the term of this agreement plu~ six (6) months, Customer shall not directly solicit for employment or performance of consulting services, or hire of contract with any Businessland employee who becomes known to Customer in connection with Businessland's performance hereunder. In the event that Customer or any company affiliated with Customer hires or contracts with any Businessland employee contrary to this Article, Customer agrees to pay to Businessland as liquidated damages and not as a penalty, an amount equal to all c~mpensation, including salary, wages, bonuses, commissions and employee benefits which ,~aid employee has received &om Businessland during the prior six (6) month period. This provision for liquidated damages shall not limit Businessland's remedies against Customer for any other breach of the Article, nor shall it preclude Businessland from asserting any cause of action independent of Article 11. ARTICLE TWELVE: CONFIDENTIAL INFORMATION AND PROPRIETARY RIGHTS 12.1 Confidential Information. Each party hereto ("Such Party") shall hold intrust for the other party here to ("Suc1~ other Party"), and shall not disclose to any non-party to the Agreement, any confide~xtial information of Such Other Party. Confidential Information is information which relates to Such Other Party's research, development, trade secrets or business affairs, but does not include information which is generally known or easily ascertaixxed by non-parties of ordi~xary skill in computer design and programn'ting. 12.2 Notwithstanding the foregoing, Businessland may disclose Confidential Information of Customer to a product manufacturer is such discloser is required in connection with its performaxxce hereunder, provided that Businessland notifies the Vendor of this obligation of confidentiality. ARTICLE THIRTEEN: ASSIGNMENT This Agreement will not be assignable by Customer without the prior written consent of Businessland, and any attem?t to assign without consent will be void. ARTICLE FOURTEEN: MISCELLANEOUS 14.1 Notices. Notices required or permitted hereunder shall be given in writing and deemed received upon receipt when mailed by registered or BUC-i I NESLAND: ~29 505-274-i650 certified mail, postage prepaid, first class, and in an envelope addressed: (a)if to Customer at the address first written above or (b) if to Businessland, at the following address: Businessland Inc, 1001 Ridder Park Drive, San Jose, CA, 95131, Attention Manager, Systems Engineering, or to such other' address as either party specifies upon written notice to the other. 14.2 No Waivers. No failure of either party to prosecute its rights with respect to any single continuing breach of this Agreement will act a waiver of the right of that party to later exercise any right or enforce any remedy granted hereunder with respect to the same or any other breach of this Agreement by the other party hereto. 14.3 Choice of Law. This Agreement will be governed by and cons.trued in accordance with the laws of the State of California. 14.4 Severability. If any provision of this agreement is found invalid or unenforceable, it will be enforced to the maximum extent permissible and the legality or enforceability of the other provisiot~s of tills agreement will not be affected. · 14.5 Attorney's fees. In any suit to enforce this Agreement, the prevailing party will have the right to recover from the other its costs and reasonable fees and expenses of attorney's accountants, and other professionals, including costs, fees ~nd expenses on appeal. 14.6 Entire Agreement. This Agreement sets forth the entire Agreement between the parties with respect to the subject matter hereof, and all prior discussions, representation, proposals, offers and oral or written communications of any nature are entirely superseded hereby and extinguished by the execution hereof. No modification hereof of waiver of any right hereunder will be effective unless it is evidenced in writing executed by an authorized representative of the party to be charged therewith. COUNCIL BI LL NO. /,A ~ ~ RESOLUTION NO. A RESOLUTION APPROVING A COHPUTER SOFTUARE AGREEHENT WITH EDEN SYSTEMS, INC. AND AUTHORIZING THE NAYOR TO SIGN SAID AGREEHENT. WHEREAS, staff conducted a comprehensive evaluation of the City's current computer system, and WHEREAS, the evaluation concluded that, in the on-going attempt to provide the best possible service to the citizens of Woodburn, the current centralized computer system be replaced with a PC-based LAN system, and WHEREAS, the Woodburn City Council, at the meeting of July 9, 1990, pledged support of the computer system replacement, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into an agreement with EDEN SYSTEMS, INC., for computer software. Section 2. That the Mayor is authorized to sign said agreement, a copy of which is attached hereto, on behalf of the City of Woodburn. APPROVED AS TO FORM: City Attorney Date APPROVED: NANCY A. KIRKSEY, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Mayor ATTEST: Mary Tennant, Deputy Recorder City of Woodburn, Oregon Page I - COUNCIL BILL NO. RESOLUTION NO. EDEN SYSTEMS, INC. LICENSING AGREEMENT CUSTOMER NAME CUSTOMER ADDRESS CITY/STATE/ZIP City of Woodburn, Oregon 270 Montgomery Street Woodburn, Oregon 97071 THIS AGREEMENT is entered into by and between EDEN SYSTEMS, INC. hereinafter referred to as "EDEN", and the City of Woodburn, Oregon, hereinafter referred to as "CUSTOMER". WITNESSETH: WHEREAS, EDEN has developed and owns a standardized, computer software package, comprised of applications programs and documentation substantially matching the application programs hereinafter referred to as 'THE SYSTEM': and, WHERF_~_, CUSTOMER desires to acquire a non-transferable, non-exclusive license to use THE SYSTEM from EDEN, and EDEN desires to grant such license to the CUSTOMER upon the following terms and conditions. NOW, THEREFORE, in consideration of the premises, mutual covenants and agreements contained herein, the parties agree as follow: I COMPONENTS OF THE SYSTEM The components underthis agreement are set forth in Exhibit "A" attached hereto and by this reference incorporated herein and shah be the required description of THE SYSTEM. 2 LICENSE In accordance with the terms contained herein, EDENgrants to the CUSTOMER, and CUSTOMER accepts from EDEN a non-transferable, non-exclusive license to use the current release of THE SYSTEM along with any modifications to fit the CUSTOMER'S-specific needs as identified herein. 3 LICENSE FEE CUSTOMER agrees to pay EDEN a license fee plus sales, use and/or excise taxes or similar taxes which are assessed on account of this transaction, as well as travel and out-of-pocket expenses, necessary modification, installation and training charges. Eden Systems, Inc. License Agreement 1 CUSTOMER agrees to reimburse EDEN for amounts equal to any taxes, duties, tax penalties. or amounts levied or based on, or on payments due under this agreement, any license granted hereunder, the transfer, use or distribution of licensed programs, or the program storage media, exclusive of taxes based upon EDEN'S net income. In lieu thereof, CUSTOMER shall provide to EDEN a tax or other levy exemption certificate acceptable to the taxing or levying authority. The charges for installation of the components of THE SYSTEM entitle the CUSTOMER to on site assistance as required by the CUSTOMER from installa~o~n to a point agreed upon b.y the parties where all components as sp. elled out in Exhibit A are in full operation ana not dependent on parallel operation to insure accuracy. Any further assistance provided at the CUsToMER's request will be billed at the then going hourly rate plus travel and other out- of-pocket expenses. The charges for copying of THE SYSTEM onto CUSTOMER'S computer is included in the license fee for each software product. Any further assistance provided which is not covered in Exhibit "A" will be billed at EDEN's then going hourly rate plus travel and out-of-pocket expenses. EDEN will not be obligated to provide assistance for any problems encountered by CUSTOMER as a result of the hardware or operating system, and ~t makes no warranty, either expressed or implied, as to the hardware or operating system supplied by the hardware manufacturer nor to the specific applicability of EDEN software to fit the needs of the CUSTOMER. 4 SYSTEM REPLACEMENT THE SYSTEM is licensed for use on DOS/PC LAN/Novell. Following the delivery of THE SYSTEM, in the event the CUSTOMER installs computer hardware to replace this equipment and requests a version of THE SYSTEM for use therewith, EDEN will deliver such a system version if such is at that time supported by EDEN and is then being offered by EDEN for use with new hardware and operating system ~nstalled by the CUSTOMER. The parties agree they shall execute a new license agreement coveringsuch replacement prior to the replacement, and that the license and service fees then being charged by EDEN for such system version shall apply. In the event of such a system replacement, the CUSTOMER agrees to promptly return to EDEN, THE SYSTEM and all system documentation licensed to the CUSTOMER pursuant to this agreement. 5 TITLE TO SYSTEM: PROTECTIVE COVENANTS CUSTOMER acknowledges that THE SYSTEM, system documentation including modifications, supplements and alterations thereto supplied by EDEN or by CUSTOMER are owned by EDEN: Eden Systems, Inc. Ucense Agreement 2 that neither legal nor equitable title to THE SYSTEM passes to the CUSTOMER under this agreement; that THE SYSTEM constitutes a valuable asset and trade secret of EDEN; and that any information in connection therewith is confidential. ACCORDINGLY, CUSTOMER agrees as follows: THE SYSTEM shall be used only at the computer center of the CUSTOMER, located at the address listed in this agreement, and shall not be used at any other computer center or facility of the CUSTOMER or of any other person or entity. This restriction shall not prohibit the CUSTOMER from moving the entire system to another location, in the event of an emergency, or in the event of a permanent move or transfer, so long as the CUSTOMER delivers to EDEN prior written notification and certification that THE SYSTEM shall be used solely at the new location. CUSTOMER Shall not, and shall require its employees not to, without prior written permission from EDEN, sell, lease, assign, transfer, sublicense, permit the duphcation, reproduction or copying, or otherwise make available for an), purpose, for any type of consideration THE SYSTEM or any part thereof or any information pertaining thereto, to or by any person or entity whosoever except for the regular backup of THE SYSTEM for protective and recovery purposes. CUSTOMER shall not, and shall require its employees not to, offer or make available to any person or entity whosoever, either gratuitously or for consideration any modification to THE SYSTEM which may be designed by CUSTOMER, nor shall CUSTOMER or its employees com- municate to any such person or entity any information in connection therewith. CUSTOMER agrees not to alter nor remove any details of ownership, copyright, trade mark or other proprietary right connected with THE SYSTEM or its use. CUSTOMER agrees to take all appropriate action to insure that the obligations contained in this paragraph shall be fulfilled. CUSTOMER agrees and acknowledges that the damage suffered by EDEN by virtue of the violations by CUSTOMER of any of the provisions of this paragraph shall be difficult to ascertain. Accordingly, CUSTOMER agrees that in the event it should violate, or permit to be violated, any of the provisions of this paragraph, it shall pay to EDEN for each such violation, as monetary damages and not as a penalty, an amount equal to the license fee specified herein, or the total. amount of compensation received by the customer as a result of such violation or permitted violation whichever is greater, but no payment of damages by the CUSTOMER'shall relieve CUSTOMER from any of its obligations under this agreement, nor affect any other remedies of EDEN, including the right to injunctive or other equitable relief. Eden Systems, Inc. License Agreement 3 6 REMEDIES OF EDEN Upon failure of CUSTOMER to pay any sums due hereunder when due, or upon breach by CUSTOMER of any of its covenants or agreements contained herein, and without prejudice to any other rights EDEN may have hereunder or at law or in equity for money damages and/or injunctive or other equitable relief, EDEN shall have the right, at its option, to immediately terminate this agreement and to retrieve within thirty (30) days from CUSTOMER, THE SYSTEM, system documentation, backup or archival copies of THE SYSTEM and all other property, and the CUSTOMER shall cease any and all use of THE SYSTEM. CUSTOMER further agrees in the event of such termination to provide written certification of such action and allow EDEN to inspect CUSTOMER'S operations to determine that THE SYSTEM is no longer present or in use. 7 EXECUTION BY EDEN This agreement shall not be binding until the same has been executed by an officer of EDEN. 8 EXPENSES AND COST OF COLLECTION Either party shall have the right to collect from the other party reasonable expenses and attorney fees in connection with the enforcement of any. rights or remedies hereunder. Any monies not paid hereunder when due shall bear interest at the rate of 1 and 1/2 percent per month from the due date until paid. No failure of either party to demand when due any rights or monies hereunder shall be deemed a waiver by that party of the obligation of the other party to such fight or sum. 9 GOVERNING LAW This agreement and all performance hereunder shall be governed by and construed in accordance with laws of the State of Washington. 10 WARRANTY AND LIMITATION OF LIABILITY EDEN WARRANTS THAT THE SYSTEM WILL PERFORM FREE OF ERROR FOR A PERIOD OF ONE YEAR FROM THE DATE OF INSTALLATION. WARRANTIES WIII~ BE HELD IN FORCE ON ALL APPLICATION PROGRAMS EXCEPT FOR THOSE PROGRAMS MODIFIED BY CUSTOMER EMPLOYEES. Eden Systems, Inc. License Agreement 4 ~oe~: ~rtrn,snta[ oCoft:wa'u~ CUSTOMER AGREES THAT ANY LIABILITY OF EDEN FOR LOSS, DAMAGE, COST OR EXPENSE WHATSOEVER TO CUSTOMER ARISING FROM ANY BREACH OR DEFAULT BY EDEN OF ANY WARRANTY, COVENANT, AGREEMENT OR UNDERTAKING HEREUNDER SHAI.I. BE LIMITED TO ACTUAL DAMAGES INCURRED BY CUSTOMER, BUT THAT IN NO EVENT SHALL THE AGGREGATE OF SUCH LIABILITY EXCEED THE LICENSE FEE SPECIFIED HEREIN, NOR SHALI. ANY SUCH lIABILITY INCLUDE ANY CONSEQUENTIAL DAMAGES WHICH MAY BE SUFFERED BY CUSTOMER. ENTIRE AGREEMENT This agreement constitutes the entire agreement between the parties hereto and supersedes allprior understandings and agreements between the two parties, whether oral or written, and this.agreement may not be modified or altered except by a subsequent, written instrument duly executed by both parties. Further, CUSTOMER represents and warrants that in executing this agreement CUSTOMER does not rely on any promises, inducements or representations made by EDEN with respect to this agreement or any other business dealings with EDEN, now or in the future with the exception of the consideration cited herein. 12 PAYMENT/IMPLEMENTATION SCHEDULE EDEN shall have the right to bill the CUSTOMER for the' entire amount related to any software proauct or service herein, including installation, training and other fees which may have been otherwise provided at no charge, if CUSTOMER is responsible for delay of installation of such software product or service beyond any agreed upon delivery and installation date. The billed amount will be immediately due and payable. 13 BACK-UP COPIES CUSTOMER shall have the right to make a single back-up copy of THE SYSTEM on magnetic media. No other copies shall be authorized under this agreement without written authorization from EDEN. 14SOURCECODE EDEN agrees to maintain a copy of the source code for THE SYSTEM in EDEN'S offices. If THE SYSTEM is covered under a separately executed and current software support agreement between EDEN and CUSTOMER, the source code and related documentation is to be released tO CUSTOMER within thirty (30) days of the occurrence of any one of the following events: Eden Systems, Inc. Ucense Agreement 5 (a) EDEN ceases to do business; (b) EDEN declares bankruptcy' or seeks protection under bankruptcy laws; (C) EDEN is forced into bankruptcy by its creditors. 15 PAYMENT SCHEDULE Upon Execution of agreement 40% of total license fees 40% of concurrent user fees Any applicable taxes Upon Initial Setup of System As Incurred 60% of concurrent user fees Applicable travel and out-of-pocket expenses Applicable training and installation charges Applicable travel and out-of-pocket expenses Applicable training and installation charges Modification charges LU~On Installation of Each ensed Software Module 60% of software module license fee Any applicable taxes Prorated software support Any remaining modification charges Any remaining travel and out-of- pocket expenses Any remaining training and installation charges IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective duly authorized representative. CUSTOMER: DATE: ESI (EDEN)~ DATE: Eden Systems, Inc. License Agreement 6 EXHIBIT "A" Product or Service License Fee Modification Accepted by City General Ledger 2,99_~ ( X ) Budgeting 2,955 Accounts Payable 4,995 ( ) Ability to support recurring invoices for generation of automatic payments and expense distribution 1,500 ( ) CAFR Reporting 2,995 ( ) Accrued Payables 1,650 ( ) . Distributed Purchasing 4,995 ( X ) Fixed Assets 1,995 ( X ) Add text fide for nnlimited text description 1,995 ( .) Summary report of insurance value by building 45C ( X ) Special Assessments 3,995 ( X ) Special handling, fire hydrant and other temporary usage 1,50~ ( ) A/R Cash Receipting 2,995 ( ) Ability to suppress printing of statements with a zero balance 225 ( ) Accounts Receivable Journal contains account number 600 ( ) Eden Systems, Inc. License Agreement EXHIBIT Product or Service License Fee Modification Accepted by City Utility Billing 5,99~ ( X ) Provide fields for tax accounts, zone code, fire protection meter size code for future nsc 3013 ( ) Provide Utilicorder control number 1,5(E ( X ) Allow proration for exact number of days for closures and in- coming customers 1,125 ( X ) Calculate average bill if reading is not entered due to meter reading problem 750 ( ) Ability to produce opening and final billings for partial periods ( ) Month end s~!mmary report showing 1)dollars in arrears, 2)Current water charges, 3)Current sewer charges, 4)Current special charges, 5)Total charges, 6)Cubic feet of water consumption 750 ( X ) Printing of door hangers with same information as required for printing of bills 30(} ( ) Printing of custom bills 30~ ( ) Printing of custom delinquent 300 ( ) notices Eden Systems, Inc. License Agreement q~ EXHIBIT "A" Product or Service License Fee Modification Accepted by City Utility Billing (continued) Printing of custom meter sheets 30(] ( ) Printing of BAR coding on bill 150 ( ) Suppression of credit balance on custom bill 15~ ( X ) Hand Held Interface to Radix 3,995 ( X ) Payroll/Personnel 4,995 Generate time sheets 750 Budget Salary Worksheets 2,995 , ( ) Position Control 3,995 ( ) Report Writer 3,000 ( I ) Data Dictionaries (Report Writer) 1,500 ( X ) Review of Court Design Document 3,750 ( X ) Cash Register Receipting:. Equipment 3,845 ( ) PC with hard disk (1,500) Cash drawer (400) Receipt printer (1,395) Reader wand (500) Cabling (50) Software 5,51X ( ) Cash control software (2,500) Eden software i'face (2,500) Bar code feature (500) Training 70~ ( ) Automated conversion 6,00~ ( X ) Accepted Subtotal ( ) (Total of all accepted items) Eden Systems, Inc. License Agreement 9 COUNCZL BILL NO. /~ RESOLUTION NO. A RESOLUIION APPROVING AN AGREEMENT WITH IBM FOR CUSTOPIIZED OPERATIONAL SERVICES, SPECIFICALLY, INSTALLATION MANAGE~NT SERVICES, AND CONFIRMING THE PRIOR SIGNING OF SAID AGREEMENT BY THE MAYOR. WHEREAS, staff conducted a comprehensive evaluation of the City's current computer system, and WHEREAS, the evaluation concluded that, in the on-going attempt to provide the best possible service to the citizens of Woodburn, the current centralized computer system be replaced with a PC-based LAN system, and WHEREAS, the Woodburn City Council, at the meeting of July 9, 1990, pledged support of the computer system replacement, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into a customized operational services agreement with IBM NATIONAL SERVICE DIVISION for installation management services. Section 2. That the Council confirm the prior signing of said agreement by the Mayor, a copy of which is attached hereto, in order to preserve the cost of this service at a 10% reduction. APPROVED AS TO FORM: City Attorney Date APPROVED: NANCY A. KIRKSEY, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Mayor ATTEST: Mary Tennant, Deputy Recorder City of L~oodburn, Oregon Page I - COUNCIL BILL NO. RESOLUTION NO. CUSTOMIZED OPERATIONAL SERVICES PROPOSAL FOR City Of Woodburn 270 Montgomery Woodburn, OR 97071 SUBMITTED BY: IBM National Service Division q263 Commercial Street SE Salem, OR 97302 Proposal Date: Oq/Oq/90 Proposal Reference: BA08906 PROPOSAL SUMMARY SERVICES CHARGE In response to your request, IBM is pleased to submit this proposal to provide Customized Operational Services. The charges for the Services requested amounts to a total of Seven thousand, three hundred fifty-five Dollars. ($7,355.00) The Services Charge stated does not include applicable Federal, State, or Local taxes. REQUIRED DOCUMENT Agreement For IBM Professional Services This is the standard IBM agreement which .contains the terms and conditions under-which IBM will provide you Customized Operational Services. The IBM document number is Z125-4193. ATTACHED DOCUMENT Statement of Work (Custom Services) The Statement of Work to perform these Services is attached. The Statement of Work describes the specific Services to be provided as customized, to your environment. ServicePlan Professional Services Name and Address of Customer: City Of Woodburn 270 Montgomery Woodburn, OR 97071 IBM Branch Office Address: IBM Corporation 4263 Commercial Street SE Salem, OR 97302 Statement of Work (Custom Services) Agreement No.: 0 Contract No.: H5011 IBM Branch Office: 386 Customer No.: 2141275 Estimated Schedule Start Date: 07/15/90 End Date: 12/31/90 Charges: $7,355.00 (Described Below) This Statement of Work includes the following sections in the attached pages: Scope of Services Customer Responsibilities Contract Term Completion Criteria Charges IBM Point of Contact Customer Point of Contact Materials Ownership and License Other Terms and Conditions This Statement of Work is valid until 07/13/90 , unless signed by both parties prior to this date. The parties acknowledge that they have read this Statement of Work, understand it, and agree to be bound by its terms and conditions. Further, the parties agree that the complete and exclusive statement of the agreement between the parties relating to this subject shall consist of 1) this Statement of Work, including any attachment referenced herein, 2) the referenced Agreement, 3} any other applicable /BM Agreement(s), and zt) any Change Authorizations(s). This statement of the agreement supersedes all proposals or other prior agreements, oral or written, and all other communications between the parties relating to this subject. Accepted by: International Business Machines Corporation By Authorized Signature Name (Type or Print) BA08906 ( 04/04/90 ) City Of Woodburn '~uthor~d, Signature~/~ Name (Type or Print) ~ .Date ~ Pag~-i SC'OPE OF SERVICE This section describes the Services that IBM will provide City Of Woodburn under the Terms and Conditions of the referenced Agreemeiit for IBM Professional Services. You have selected the following Services: · Installation Management Services The details of the selected Services are described in this section. Installation Management Services: IBM will provide City Of Woodburn the following installation Services for the Machines to be installed at each Location identified by you and agreed to by IBM. Using information supplied by you as identified under the section Customer Responsibility, IBM will develop and deliver to you an Implementation Plan. This plan will set forth for each Customer Location 1) its estimated start and completion dates, 2) the contact persons for you and IBM, 3) the IBM system(s) and other equipment to be located at that Location, 4) any information provided by you affecting the Services, and IBM will review the Implementation Plan with you. You may recommend changes and any agreed upon changes will be incorporated into the plan. IBM will then provide to you a completed copy of the plan. Hardware Product Setup: IBM will perform setup activities on the Machines identified. below. This activity will include unpacking, positioning, connecting external cables, power on tests, and performing product self tests. Quantity Product Model 27 8555 SX Staging Center Serwices: IBM will perform the following system integration and consolidation Services at a location to be supplied by IBM. · The activities to be performed will be: · Check for any physical damage and inventory (box count) the equipment and reconcile to manifest. · Unpack and set up identified hardware. · Run diagnostics on all equipment. · Install 3COM Etherlink Adapter card. · Load software using procedures provided by the customer. (DOS and Novell configuration diskettes). Software is to be provided by Customer in desired format. · Perform system testing using Customer supplied procedures. · Repack equipment for shipment to the location. · Complete any reports identified by the Customer to reflect work performed and in process at the staging location. · Will provide an average of one month storage for this configuration. CUSTOMER RESPONSIBILITIES Prior to the Start Date in the Estimated Schedule of Services, City Of Woodburn will identify to IBM all Locations requiring Services. For each such Location, the list will specify 1) the address, 2) the name of your contact person, 3) the Machines to be located at that address, and 4) any other information required by IBM to perform the Services. You will also: BA08906 ( 04/04/90 ) Page 2 provide the information and requirements necessary to perform the Scope of Services in a timely manner so as not to delay the progress of the work; provide adequate space, including a desk and a telephone at your Central Site location for IBM personnel to coordinate shipments; provide a procedure for IBM to follow in loading the software; provide a procedure for IBM to follow in the event problems are encountered while loading the software; designate an area at each Location for disposal of shipping materials; ensure equipment to be set-up is in approximate final location; provide security clearances for IBM personnel; and, communicate to building landlords at your Location(s) of the work to take place and obtain their approval if necessary. The person designated as Point of Contact or their back-up must be available to the project on a full time basis during the Contract Term. CONTRACT TERM The term of this contract is as stated in the Estimated Schedule. The actual project dates will be negotiated by IBM and the Customer once this Statement of Work is in effect. The schedule shall be consistent with the completion dates identified by the Customer and agreed to by IBM. Every effort shall be made by IBM and the Customer to,keep the schedule dates intact. IBM will not be responsible for delays or additional requirements imposed by any government agencies. IBM will not be responsible for delays caused by labor disputes, fire, unavoidable casualties, or unforeseen conditions. COMPLETION CRITERIA This contract and IBM's obligations will be considered fulfilled when the Services described in the section entitled Scope of Service have been completed at each Location. IBM will advise you of the completion of these Services. CHARGES The Services Charge stated here represents the sum of the charges for all Services to be provided by IBM in the section entitled Scope of Service. Services Charge ....................... ~ 7,355.00 ImVofcfng: IBM will invoice you for work performed at each Location as set forth in the Implementation Plan, upon the completion of all obligations at each Location. Payment is due within 30 days after the date of invoice. IBM POINT OF CONTACT Prior to the Start Date, IBM will designate a person who will be IBM's primary point of contact to you. Such person is responsible to: distribute project information to IBM Branch Offices for your Locations; coordinate the IBM activities at each Location; and, produce and review status reports with you on a timely basis. BA08906 ( 04/04/90 ) Page 3 CUSTOMER POINT OF CONTACT Prior to the Start Date, you will designate a person who will be your primary point of contact with IBM for this project. Such person is responsible to: inform each of your Location(s) of the work to be done and the estimated start and completion dates for such Location; and, receive, review, and maintain IBM-prepared status reports. MATERIALS OWNERSHIP AND LICENSE The following documentation, to the extent that IBM develops such components exclusively for you, are considered Type I documents as defined in the referenced Agreement. · Implementation Plan All other documents associated with the installation of the hardware or software products identified or referenced under the topic Scope of Service are generally available documentation and are considered Type II documents. OTHER TERMS AND CONDITIONS The content of this Statement of Work and associated Attachments shall not be distributed outside City-Of Woodburn, and shall not be duplicated, used, or disclosed in whole or in part for any purpose other than to evaluate this Proposal. Any other use.is prohibited unless authorized in writing by IBM. BA08906 ( 04/04/90 ) Page 4 ! " I Imbed Trace Page 4 DSMPROF3 SCRIPT COUNCIL BTLL NO. /'.,~..'--/~ RESOLUTION NO. A RESOLUTION APPROVING AN AGREE. gENT #ITH IBiq FOR CUSTOI, IIZED OPERATIONAL SERVICES, SPECiFiCALLY, CABLE ~4J~IAGEHENT SERVICES, AND CONFIRt, IING THE PRIOR SiGNiNG OF SAiD AGREENENT BY THE PAYOR. WHEREAS, staff conducted a comprehensive evaluation of the City's current computer system, and WHEREAS, the evaluation concluded that, in the on-going attempt to provide the best possible service to the citizens of Woodburn, the current centralized computer system be replaced with a PC-based LAN system, and WHEREAS, the Woodburn City Council, at the meeting of July 9, 1990, pledged support of the computer system replacement, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into a customized operational services agreement with IBM NATIONAL SERVICE DIVISION for cable management services. Section 2. That the Council confirm the prior signing of said agreement by the Mayor, a copy of which is attached hereto, in order to preserve the cost of this service at a 10% reduction. APPROVED AS TO FORM: City Attorney Date APPROVED: NANCY A. KIRKSEY, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Mayor ATTEST: Mary Tennant, Deputy Recorder City of Woodburn, Oregon Page 1 - COUNCIL BILL NO. RESOLUTION NO. CUSTOMIZED OPERATIONAL SERVICES PROPOSAL FOR City Of Woodburn 270 Montgomery H/oodburn, OR 97071 SUBMITTED BY: IBM National Service Division ¢263 Commercial Street SE Salem, OR 97302 Proposal Date: 02/22/90 Proposal Reference: BAO~705 PROPOSAL SUMMARY SERVICES CHARGE In response to your request, IBM is pleased to submit this proposal to provide Customized Operational Services. The charges for the Services requested amounts to a total of Twenty-four thousand, nine hundred eighty-one Dollars. ($24,981.00) The Services Charge stated does not include applicable Federal, State, or Local taxes. REQUIRED DOCUMENT Agreement For IBM Professional Services This is the standard IBM agreement which contains the terms, and conditions under which IBM will provide you Customized Operational Services. The IBM document number is Z125-4193. ATTACHED DOCUMENT Statement of Work (Custom Services) The Statement of Work to perform these Services is attached. The Statement of Work describes the specific Services to be provided as customized to your environment. ServicePlan Professional Services Name and Address of Customer: City Of Woodburn 270 Montgomery Woodburn, OR 97071 IBM Branch Office Address: IBM Corporation 4263 Commercial Street SE Salem, OR 97302 Statement of Work (Custom Services ) Agreement No.: 0 Contract No.: D5054 IBM Branch Office: 386 Customer No.: 2141275 Estimated Schedule Start Date: 07/15/90 End Date: 12/31/90 Charges: $24,981.00 (Described Below) This Statement of Work includes the following sections in the attached pages: Scope of Services Customer Responsibilities Contract Term Completion Criteria Charges IBM Point of Contact Customer Point of Contact Materials Ownership and License Other Terms and Conditions This Statement of Work is valid until 07/13/90 , unless signed by both parties prior to this date. The parties acknowledge that they have read this Statement of Work, undepstand it, and agree to be bound by its terms and conditions. Further, the parties agree that the complete and exclusive statement of the agpeement between the papties relating to this subject shall consist of 1) this Statement of Wopk, including any attachment referenced herein, 2) the peferenced Agreement, 3) any othep applicable IBM Agreement[s), and q) any Change Authopizations{s]. This statement of the agpeement supepsedes all proposals or other prior agreements, opal or wpitten, and all other communications between the papties pelating to this subject. Accepted by: Intepnational Business Machines Corporation Authorized S ignatu~'e Name (Type or Print) z z Date BA04705 ( 02/22/90 ) City Of Woodburn Name (Type or Pri~) _o Date ~ -- Page 1 SCOPE OF SERVICE This section describes the Services that IBM will provide City Of Woodburn under the Terms and. Conditions of-the referenced Agreement for IBM Professional Services. You have selected the following Services: · Cable Management Services The details of the selected Services are described in this section. Cable Management Services IBM will provide City Of Woodburn with the following Services including the necessary project planning and management to support the installation of a cabling system at each Location identified by you and agreed to by IBM. Using information supplied by you as identified under the section Customer Responsibility, IBM will develop and deliver to you an Implementation Plan. This plan will set forth for each Customer Location 1) its estimated start and completion dates, 2) the contact persons for you and IBM, 3) the IBM system(s) and other equipment to be located at that Location, 4) any information provided by you affecting the Services, and 5) the estimated remaining pro rata portion of the Services Charge due for such location after payment of any Initial Charges. IBM will review the Implementation Plan with you. You may recommend changes and any agreed upon ~changes will be incorporated into the plan. IBM will then provide to you a completed copy of the plan. Cable Design: Using the information provided by City Of Woodburn under the section Customer Responsibility and gathered by IBM Field Personnel, IBM will design a customized cabling network which will be suitable for installation at each Location identified by you and agreed to by IBM. The details of this physical design will be delivered to you in a report containing the following information: A network configuration diagram. Location, numbering, and plugging sequence charts of the network cables. Cabling schematics (Cable Design Drawings / Blue Prints) of the Customer's cabling network. A listing of all necessary materials including quantity and IBM part/specification number. A package of labels for use in numbering cables and associated accessories during installation. A Scope of Work for contractor use when installing the cabling network. Cable test forms to be used by the contractor to verify each cable installed. IBM will provide the necessary materials and will select and retain contractors to install your newly designed IBM Cabling System. The details of the cable installation Services are identified under the topic Contractor Management Services in this section. Contractor Management: IBM will engage the services of a contractor to provide labor, material and equipment to perform the following services at each Customer Location. · Furnish and install (4000 feet) of Thinnet cable, plenum to 29 workstations. · Furnish and install 80 BMC connectors. · Furnish and install 39 "T" connectors at workstations. · Furnish and install two terminators. · Furnish and install 40 wallplates with 3/8 inch hole. · Label, test, and, document all of the above. BA04705 ( 02/22/90 ) Page 2 IBM will assume responsibility for the quality of the contractor work performed. All work will be complete and all debris resulting from such work will be cleared and the work areas will be left "broom clean" upon the completion of work at a given Location. IBM will guarantee the contractor work performed and the material provided against all defects in workmanship and materials for one (1) year from the date of completing the work at a given Location. All contractor work performed will meet all local, State, and Federal codes. The contractor's scope of work is based on the following assumptions: The installation work will be in one building on two floors. Ceiling cavities are readily accessible for running cables (no fire walls). Data cables can be run inside walls. No power installation or core drilling~will be required. Any electrical work necessary for this installation will be performed by the Customer. Any Heating/Ventilating/Air Conditioning (H.V.A.C.) work necessary for this installation will be performed by the Customer. Data cables will be run in available floor/ceiling ducts, otherwise cables will be bundled and supported from the building structure. Work can be performed during the normal working schedule. CUSTOMER RESPONSIBILITIES Prior to the Start Date in the Estimated Schedule of Services, City Of Woodburn will identify to IBM all Locations requiring Services. For each such Location, the list will specify 1) the address, 2) the name of your contact person, 3) the Machines to be located at that address, and 4) any other information required by IBM to perform the Services. You will also: provide the information and requirements necessary to perform the Scope of Services in a timely manner so as not to delay the progress of the work; provide security clearances for IBM personnel; and, communicate to building landlords at your Location(s) of the work to take place and obtain their approval if necessary. The person designated as Point of Contact or their back-up must be available to the project on a full time basis during the Contract Term. CONTRACT TERM The term of this contract is as stated in the Estimated Schedule. The actual project dates will be negotiated by IBM and the Customer once this Statement of Work is in effect. The construction schedule will be based on the contractor's availability to perform the work, and as agreed upon by IBM, the Customer Representative and the contractor during the walk-thru. The schedule shall be consistent with the completion dates identified by the Customer and agreed to by IBM. Every effort shall be made by IBM and the Customer to keep the schedule dates intact. IBM will not be responsible for delays or additional requirements imposed by any government agencies. IBM will not be responsible for delays caused by labor disputes, fire, unavoidable casualties, or unforeseen conditions. BA04705 ( 02/22/90 ) Page 3 ! '; COMPLETION CRITERIA This contract and IBM's obligations will be considered fulfilled when the Services d~scribed in the section entitled Scope of Service have been completed at each Location. IBM will advise you of the completion of these Services. CHARGES The Services Charge stated here represents the sum of the charges for all Services to be provided by IBM in the section entitled Scope of Service. Services Charge ....................... $ 24,981.00 Invoicing: IBM will invoice you for work performed at each Location as set forth in the Implementation Plan, upon the completion of all obligations at each Location. Payment is due within 30 days after the date of invoice. Excluded in the Services Charge are items involving, but not limited to; repairs to the Location(s) for correcting existing code deficiencies, painting, asbestos removal, plumbing, heating and ventilation, air conditioning work, etc.. IBM POINT OF CONTACT Prior to the Start Date, IBM will designate a perso~ who will be IBM's primary point of contact to you. Such person is responsible to: distribute project information to IBM Branch Offices for your Locations; coordinate the IBM activities at each Location; manage any required construction at your Location(s) for which IBM has selected and retained contractors; and, produce and review status reports with you on a timely basis. CUSTOMER POINT OF CONTACT Prior to the Start Date, you will designate a person who will be your primary point of contact with IBM for this project. Such person is responsible to: inform each of your Location(s) of the work to be done and the estimated start and completion dates for such Location; and, receive, review, and maintain IBM-prepared status reports. MATERIALS OWNERSHIP AND LICENSE The following documentation, to the extent that IBM develops such components exclusively for you, are considered Type I documents as defined in the referenced Agreement. · Cable Evaluation Report All other documents associated with the installation of the hardware or software products identified or referenced under the topic Scope of Service are generally available documentation and are considered Type II documents. OTHER TERMS AND CONDITIONS The content of this Statement of Work and associated Attachments shall not be distributed outside City Of Woodburn, and shall not be duplicated, used, or disclosed BA04705 ( 02/22/90 ) Page 4 in whole or in part for any purpose other than to evaluate this Proposal. Any other use is prohibited unless authorized in writing by IBM. IBM will not be resp~l~mibie cr involved in the detection, removal and/or abatement of asbestos, hazardous waste or other pollutants. City Of Woodburn will be responsible for a thorough program of investigation, detection, abatement and/or removal of asbestos, hazardous waste or other pollutants from the work areas described in this proposal if determined as necessary. It is specifically understood by City Of Woodburn and IBM that all matters relating to detection and/or abatement or removal of asbestos, hazardous waste or other pollutants are beyond the scope of this contract and that IBM shall not be liable for any delay or additional cost incurred as a result of such detections and/or abatement. BA04705 ( 02/22/90 ) Page 5 COUNCIL BILL NO. 1241 RESOLUTION NO. A RESOLUTION AUTHORIZING THE ACCEPTANCE OF CLEVELAND STREET LOCAL IMPROVEMENT OISTRICT BANCROFT BONOING APPLICATIONS AFTER THE INITIAL APPLICATION FILING PERIO0. WHEREAS, the City Council assessed properties within the Cleveland Street Local Improvement District through the adoption of Ordinance No. 2043 on June 25, 1990; and WHEREAS, Oregon Revised Statute 223.210 allows property owners to finance their assessed costs through the Bancroft Bond program provided the property owner files an application to pay their assessment in installments within 10 days after the date of the first publication of the ordinance in the local newspaper, and WHEREAS, at the Council's option, applications may be accepted after the initial application filing period to allow property owners sufficient time to receive and file the bonding application with the City, now, therefore, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City Council extend the filing period and accept the Bancroft Bonding applications from property owners within the Cleveland Street Local Improvement District until August 10, 1990. Approved as to Form:,-~,~~ ~/~~..~ ~/~ City Attorney Date Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder APPROVED: NANCY A. KIRKSEY, MAYOR ATTEST Mary Tennant, Deputy Recorder City of Woodburn, Oregon PAGE 1 COUNCIL BILL NO. 1241 RESOLUTION NO. MEMO TO: FROM : DATE : SUBJECT: City Administrator Quinn Mary Tennant ~ Deputy Recorder July 17, 1990 Property Tax Levy for Fiscal Year 1990-91 RECOMMENDATION: By motion, the Council authorize a reduction in the 1990-91 property tax levy from $2,286,719.00 to $2,286,718.00 which reflects the corrected total filed with the Marion County Clerk and Assessor on Department of Revenue form LB-50. BACKGROUND: In years past, the Department of Revenue allowed tax base calculations to be rounded either up or down to the closest whole dollar amount. When the City's tax base amount for fiscal year 1990-91 was calculated in December 1989, the 6% growth factor equated to $165,464.94, therefore, the tax base amount was rounded up to $165,465.00. This amount, along with the one-year operating levy and continuing levies, provided for a total property tax levy of $2,286,719.00 which was adopted within Ordinance 2042. A recent ruling from the Department of Revenue no longer allows the calculated tax base to be rounded up. According to the Department of Revenue, a motion adopted by the Council to reduce the tax levy amount to the corrected total on the LB-50 form is required as a supplemental filing to finalize the property tax levy for city services. Attached is a copy of the LB-50 form which was filed with the County prior to the July 15th deadline. F(~RM NOTICE OF PROPERTY TAX LEVY LB-50 To assessor of l~ar.j on County o File ~o later ~an JULY 15. · Be iure to read instructions in the 1990-91 Property Tax Levy Ceftificatio~ and Pu'olicatio~ Forms and Instructions booklet. 1990-91 on___June 25, ,19 -90 of the City of Woodburn MuI~cipI! Co~oo~atioo ,the Cona~on Council Marion County, Oregon, levied a tax as follows: Mary Tennant Deputy City Recorder Contacl P~'son Title 982-5210 7/12/90 Daytime Telephone Dale Is an additional 1990-91 levy request being submitted for voter approval? [] NO [] YES (Type of Levy) If "YES," you must certify and submit your bonded debt levy and budget to the assessor by July 15. PART I: TOTAL PROPERTY TAX LEVY 1. Levy within the tax base (cannot exceed box 13, Part II) .................................... 2. Safety net portion (line 3, Form LB-51 minus box 1, above) ................................. 3. Voter approved levy amount in excess of 1989-90 levy for operating purposes (outside safety net) (Itemize in Part V on back of form) ..................................... 4. One-year levies (Itemize these levies in Part V on back of form) .............................. 5. Continuing levies (millage and fixed) (Itemize in Part V on back of form) ....................... 6. Serial levies (Itemize in Part V on back of form) ........................................... 7. Amount levied for payment of bonded indebtedness ....................................... 8. TOTAL AMOUNT to be raised by taxation. (Add boxes 1 through 7) .......................... 165,464 2. 3. ~. 1,304,693 $. 816,561 6. 7. -0- 8. 2,286,718 PART Ih TAX BASE WORKSHEET (If an annexation occurred in the preceding fiscal year, complete Part IV first) I Amount Voler Approve: 9. VOTED TAX BASE, if any ................................ 9. n/a Date of Voler Approval 10. CONSTITUTIONAL LIMITATION - Tax base portion of preceding three levies actually levied. 1Ac~alAmo~mL~ ~..c~, Yoa. I Ac~ua, A~o~mLe~e~ r ~,yea. 10C. Aclual Amoum tev~e¢ t Fisca, yet lOa. 138,750 1987-88 lOb. 147,086 1988-89 156,099 1989-90 11. Largest ofl0a, 10borl0c I11a- 156,099 multiplied by 1.06 = . .................. 1lib. 165,464 ADJUSTMENT FOR ANNEXATION INCREASES DURING PRECEDING FISCAL YEAR 12. Annexation increase (from Part IV, box 7, on back of form) .................................. 12. n/a 13. Adjusted tax base (largest of box 1 lb plus box 12; or box 9 plus box 12 if box 9 has never been levied in full) .............................................................. 13. 165,464 PART IIh LIMITATIONS PER OREGON REVISED STATUTES (See the ORS Chapter under which the municipal corporat,On was formecl. Does NOT apply 1o Bond Limitations. Does NOT appl to ALL municipal corpora'.:ons.) 14. True cash value of municipal corporation from most recent tax roll ........................... 15. Statutory limitation of municipal corporation per ORS Formation Chapter ...... 16. Total dollar amount authorized by statutory limit (box 14 multiplied by box 15) .................. 17. Total amount of box 8 leviec~ within statutory limitation ..................................... 14. 15. of TCV 16. 17. 150-504-050 (Rev. 7-89) Part IV and Par1 V on back PART IV: ANNEXATION WORKSHEET I Area E~'ective Date of Annexation 1989 Assessed Value o! Area Annexed A none B C D If more than four annexations, attach sheet showing the above information for each annexation· 2. Total for 1989 assessed value of annexed areas (sum of A thru D) . .I 2. I 3. Tax base levied by annexing entity for fiscal year 1989-90 ......... 13. 4. Assessed value of annexing entity on January 1, 1989 ............ i4. I 5. Tax base rate of annexing entity. (Divide box 3 by box 4) .......... {5. · 6. Annexation increase. (Multiply box 2 by box 5) .................. 16. I 7. TOTAL ANNEXATION INCREASE. (Multiply box 6 by 1.06.) I Enter this amount in box 12, Part II, on front of form .............. 17- -0- PART V: SCHEDULE OF ALL SPECIAL LEVIES - Enter all special levies on mis schedule. If mere are more man four levies, attach a sheet sl~ov,-i.",g the information for each. Type of levy Purpose Date voters approved First Final Total tax levy Amount o! tax levee= (safety net, one-year, (operating. capital con- ballot measure year year to authorized per year by this year as a resul; serial or continuing) struction, or mixed) authorizing tax levy levied be levied voters of voter approve' I One-year Operati n~ 6/26/90 1990 1991 1,304,693 1,304,693 Continuing Library 5/17/46 1946 3 mills 323~144 Continuing Parks 3/26/48 1948 --- 5 mills 493,417 TOTAL OF ALL SPECIAL LEVIES- The total of this schedule should equal the total of boxes 4, 5 and 6, Part I ......... i 2,121, Enter value used to compute millage levies or tax rate serial levies ............................................ File with your assessor no later than July 15. MEMO TO: FROM: SUBJECT: DATE: City Administrator for Council Action Leland Schaudies, Sr. C.E. Tech III ~ Accept 18 inch Utility Easement outside the South right- of-way of East Cleveland Street July 17, 1990 RECOMMENDATION: That the City accept the Easements which have been returned by this date. The plot number is on both the Easement and attached map for the new documents. Those Easements previously accepted are completely blanked out. BACKGROUND: Between Marshall Street and Pacific Highway 99E twenty four property owners own the parcels of land fronting East Cleveland Street on the South right of way line. The improvement which is being started will have curb and sidewalk built to the right-of-way line. To avoid placing water meters in the sidewalks, the owners are being asked to provide an easement 18 inches into their property The easement will provide authority to the from the p~operty line. City of Wo~dbu~n to read and maintain the meters. jr~ 393 ~ ALT, ~ BY ~ 1~ t~t ' *P'°~elle M. I,eyerle for the ocrml~eratica of ~e ~11~ (~1.~ al~ ~ full wid~ ~ easement for utility ~urposes, ~.5 feet, (~8 inches) wide South of, and contiguous to, the South right-of-way line of East Cleve land Street across ~ width of that parcel of land described in ~ ~30 P 0~1 ~ Tax Account NO. 433.~000 situated in Section X8 To,ship 5 South, Range. ~ West, Wil l~ette Meridian, Mario~ County, Oregon. with nhe right, privilege and authority, to said City, to c~struct, maintain, replace, recoastruct, re~ve, and add ~- all aDuure~, a .......... co, a utility pipeline or pipelines with the ~aid prm~ises, and to cut a~d re~ve from said right-of-way a~y trees other ~truct/c~s which may endanger the safety or ~nterfere with the use of said Pipelines, or appurtenances attached or c~mected therewtth~ and the right of /~e and egress to and over said above described practises at any and all t/roes for the purpose of dOing anyth/ng necessary or useful or convenient for the enjoyment of the ~t hereby granted. /HE CIT~ SHALL, upc~ each and eve cc~sL - - ~ ~asxcel t~at such utilit ~, ma/nra/ned, replaced, rec~s *~a ~. -- Y.. facility is the pr~tses of the Grantors, and any /mprov~ments disturbed by the City, to good cor~/t/c~ as they were in prior to any such /nStallatic~ or work, but if not practicable, then pay to Grantors reasonable cc~ensatton. ~ G~, heirs and assigns, reserve the right to use the pre~/aes for placed within the easement, or with/n 4~'~-,__ .~._A.~'oNO structure ,hall the pipe .... ~. uF~aru zrcm the bott~ll of S'/~%~ OF OI~UO~ ) ) SS Public kn and f~ County ~nd State PS*factually appeared, before , .......... ~ ~ ~F, I here~to set ~ h~d ~d official seal. ~ c~m~ssion ~i~es: NOTARY PUP. L:C · Frank Twari Public Works Dlrector City of Woodburn 907 Montgomery Woodburn, Or RE: Sanitary Sewer / Sou~h WoodburF~. Dear Sir, As you may know Shalimar Mobil Park petJ%ioned for and ~;as annexed into the city in !985. Our intent was [o even~uaiiy have sewer services available for the future development of ouF acreage. I would like to express support for the formation of the necessary LID to build the sewer line to allow our future connection. Certainly such a line will benefit a large area of south Woodburn and I would expect a fair apportionment of costs, especially in light of having paid city tax rates these past five years. Please express this support to the city council and advise what potential timeline might be possible. Sincerely, ©Whet - Shal. i. mar HoBilo Park ALOHA PROFESSIONAL PLAZA 3895 SW 185TH, SUITE I~.0 I ALOHA. OREGON 970U7 1503-649-1646 7113190 DATE CHK NO AlP VENDOR CHECK LISTING AHOUNT PAGE DESCRIPTION 6101190 6/08190 6/11/90 0111/90 5/11190 6111190 6/11/9D 5/11/90 6/11/90 6/11/90 5111190 6111190 6111190 6111190 6/11/90 6111190 5/11/90 6/11/90 6/11/90 6/11190 6/11/90 6111/90 6111190 6111190 6111190 6111/90 6/11/90 6/11/90 6111190 6111190 6/11/90 6/11/9~ 5/11/90 6/11190 5/11/95 6/11190 6111/90 6/11/90 6/11/9C 6/11/90 6/11 5/11/9~ ~/11/~0 6/11/90 6/11/9~ 6/1119~ 6111190 6/11/9~ 6/11/90 6/11/9~ e/11/9o 6/11/90 6/1119~ 14~0 1419 · 1420 1421 14!? 1423 1424 1425 14~_6 1427 14_~8 14~9 1430 1431 1432 1433 1434 1435 1636 1437 1438 1439 1440 1441 1442 1 443 1444 1445 1446 1447 14¢~ 1409 145~ 14~1 1452 1453 14~4 1~55 145~ 14<,7 145~ 14~ 1460 14~1 1462 1453 1464 1465 14~6 1~67 1468 1 460 1470 1471 CITY OF WOOD,URN U3 POST CFFIC~ CITY OF WOOODURN VOiD VOID VOID A AABCD RESCUE R~3TER ALAMA~ CO~POPATiON AT&T ~ONSUM--_R P-~ODUCT DIV BRACK'S RESTAURANT 9UTT~SWORTH~ LEGAL PU~L! ~UREAU OF LA~R ~ INDUSTR J~NET CARTE~ C~ASEZ32D CnNTU~Y LEASING CIS: CITY-CTY !NS. SE~VS. COLUMSIA EQUIPMENT, COLVIN SAND ~ANA COMMERCIAL C~SDIT DAILY JOURNAL OF COMMERCE ELECTRIC ~OTO2 ~. CONTROL ELWOOD'S TREE SERVICES E~M MArkETING CO GERVAIS TELEPHONE GRAPHIC PRODUCTS INC. JILL C. HARVEY, DIRECTOR MARY HARRIS HARRIS UNIFORMS SILAS C. HARVEY IflDUSTRIAL WELDiN3 SUPPLY THOMAS L. LA FOLLETT LEAGUE 3F O~EGON CZTI:ES L~GiSLATIVE COUNS;L LENON i ~PLE?.*~ NT NARSHALL INDUSTRISS ~YATT M~T~OFU~L~NS, INC. ~ONIT:g~ CS-DP TELEPHO',tE NATIONAL NEWARK ~L~CT~ONIC S NW COMPUTER ~DRTPWE~T NATURAL O.A.~. CU~TOF CONTRACTORS ORE~ON SUILDZNG O:FiC!ALS U~ WEST COMMUNICATION] US WEST COmmUNICATIONS PI~IE & PITNEY ~OWES ARNOLD W. PGOLE J~FFREY POGOLOWITZ ], ASS[ ~DRTLAND 5EN~RAL PORTL~ND SENEGAL ~L~CTRIC PO~TLARD STAMP AND RADIO SHACK: RCDIX R~D LiON 17~-.76 151.7~ 157.30 0.00 0.00 195.50 1,63~,.00 21.63 41.25 1 47.87 10.0'3 300.00 246.24 313.27 40. ~ '~ 90.00 399.14 1,£50.00 100.00 35.50 101.00 43.75 1,657.50 2~7.95 580.00 24.72 150.00 3.00 10.00 192.0'.~ 411.3? 58.4 ~ 335.24 170.00 2,593.D-0 2.E1 46.33 ~0.03 10,041.00 65.00 768.78 251.15 90.0'3 75.00 Z28.00 2,567.50 2,~14.33 3,856.74 19.3~ 40.81 200.13 PETTY C~SH*** SERVICES - WATER PETTY CASH*** VOID V 0 I O VOID SERVICES - L!gRARY SERVICES - HOUSING SERVICES - DOL!CE SERVICES - CODE ENFORCE SUPPL.!ES- CITY ATTORNEY SUPPLIES- FINANCE SERVICES - RSVP SERVICES - VARIOUS SERVICES - VARIOUS SUPPLIES- STREET SUPDPLIES - STREET SERVICES - WWTP SERVICES - PUOL!C WORKS SUPPLIES - WWTP SERVICES - OU~LIC WORKS SUPPLIES - STREET SERVICES - ~OLICE SU~LiES - .U!LIC WORKS REIMBURSEMENT - RSVP SERVICES - CITY ATTORNEY SUPPLIES - ~OL & CODE,EN SERVICES - ~OLICE SUPPLIES - STREET $ WWT~ SERVICES - COURT S~RVICES - POLICE SUPPLIES - VARIOUS SERVICES - ~T~EET SUPPLIES - WWTP SUPOLIES - NWTP SUPPLieS - VARIOUS SERVICES - POLICE SUPPLIES - WWTo SUPPLIES - WWTP SUP=LIES - ~O~ICE SERVICES - VARIOUS S~RV!CES - HOUSINS SERVICES - ~UILDING SERVICES - VARIOUS SERVICES - VARIOUS SUP=L~ES - VARIOUS SERVICES - CENTRAL STORES SERVICES - COURT SERVICES - HOUSING SERVICES - VARIOUS SERVICES - VARIOUS SUPDLIES - CODE ENFORCE SERVICES - WWTP SERVICES - WATER SERVICES - WWTP 7113190 DATE CHK NO AlP CHECK LISTING VENDOR AMOUNT PAGE DESCRIPTION 2 6/11/90 1473 6/11/90 1474 611119'] - 1475 6/11/90 1476 6/11/95 1477 6/11/gg 1472 6111/90 1479 6/11/90 1430 6/11/90 1451 6111192 6111190 1434 6/11/99 1455 6111199 14~6 6111190 '1417 6/11/90 1438 6111190 14:]e 61!1/90 14~0 5/11/90 14~1 6111190 6111193 1493 6111/9~ 14~4 6/!3/92 14~5 6/14/9~ 1496 6114190 1497 6/1419~ 1498 6114/90 14~9 6115/9~ 1500 6115190 1501 6115190 150~ 5115190 1503 611519] 1~04 6/15/9~ 15116 6/15/90 1~0~ ~/15/90 6/1519~ 1510 ~!1~1~0 1511 611~1~ 1517 ~/15/~9 1~1~ 6/15/9~ 1514 6/15/9~ 1516 6/15190 1517 6115/9~ 1518 6/15/9~ 151~ 6/15/9~ 1520 6/15/9~ 1521 6/1519~ 152~ ~/1519G 6/1~/9~ 15~4 6115190 1515 ~/15/90 6/15/9~ 1577 SERVICENTER S ILVERFLEET SYSTE'MS SILVERTON FIR£ DISTRICT SILVE~TON SAND & GR~V~L SNC DISTR .[BUT,~RS SOUND ELEVATOR CO STATESMAN-JOURNAL NEWSPAP SUN RIVER T.:_LECOM~ SY$TEM~ INC T~RR~TODI.~L SUPPLIES ~N~. ROSERT E. THOMAS III UNOCAL:~RNI~ GRAHAM OiL VALLEY WELDING SUPPLY W~ODBURN-HU~BARD WOO~BURN OFFICE S'JP~LY WOODBURN ~ALPH H STEPHANIE WNZTE LARRY .ANDERSON JOAN ~ANGLC~ 1 ST iNTeRSTATE' ~ANK TtUST VOID BRADLEY L. GATES CITY OF WOODSURN BRIAN SJOTHUN SEAFIRST BANK U.S. POST OFFICE V ~ I D VOID VOID AG WEST SUPPLY AUTOMATED OFF!C= 3Yg-~AL~~ AWARDS AND ATHLETICS AT~T IN~C~MAT~O~ SYSTEMS B3ISE CASCADE EAACKEN3P OU'3H C.~D DRAFTERS CON3OLI~TE~ ~UPPLY PATRi~IA COOPER COPY OFFICE mRCDUCTS, OAT~ GEN~AL SEffV~C~, gYNA SYST~M~, E~GHE~ g]SCOUNT ERNST HARDWARE EVERgrEEN STAGE L~NZS ~NN FLOWERS GLIDDEN COATINGS ~ ~E~INS HERSH~ERGE~ MOTORS HIGH-~URITY CHEH~CAL HILL-2ONN ELLY Di~ZCTO~ES i .C .M.A. INSTANT F~RE PROTECTI~N IVY HZ-LIFT K~R CONCENTRATES LEGISLATIVE COUNSEL 1~8.20 1,698.73 44.77 I ,61 7.94 62.00 132.3Z 151.30 136.18 15.50 421 =50 801.41 8.50 275.00 13.Z~ ~6.51 20.79 SERVICES - WATE~ SUPPLIES - POLICE SERVICES - POLICE SUPPLIES - STRFET & WATER SUPPLIES - POLICE SERVICES - LISR~RY SERVICES - ~L~CE SERVICE~ - ~UILDING SERVICES - POLTCE SUPPLIES - ~OL~CE SERVICES - COURT SUPmLIES - £ENT~AL GARAGE SERVICES - S~RVICES - ~U~LIC WOPKS SUPPLIES - POLICE SErViCES - ~UfLIC WORKS OVE~PAYqENT - WATER 3.;3~. OVERPAY~"ENT -.WqTER 17,75 OVERPAY~.ENT - 'WATER ~.~.~5 OVERPAY>lENT - W~TE~ 642.06 OVERPAYMENT - W~TER O.Og V 0 T D 15,000.0'] 144.56 PETTY CASH*** 125.00 EXPENSES - PA~KS 26,000.00 PAYROLL* 106.19 SERVICES - WATER 0.00 VOID 0.0~ V 0 I D 0.00 V 0 I D .:~.1 ~:_, SUP~LIES - WWTP ~.57 S'~RVICES - VAR!OUS 177.L0 SUPPLIES - ~APKS & ~AYOR 271.75 SERVICES - VARIOUS 77.55 SUPPLIES - VARIOUS 1,51~.00, SE~VTM.. .-... - HOUSIN3 4,622.50 SERVICES - ~ ~q SUPPLIES - WA~EQ 6.60 qEIMEURSEMENT- ~OLICE 179.60 SERVICES - CENTRAL 391.!3 SUPPLIES - VARIOUS 224.2~ SUPPLIES- STl=ET 354.00 SUP=LIES - '~ARKS 6,140.20 SUPPLieS - WWTP 104.00 SCRVICES - 17.43 REIMBURSEMENT- POLICE 4~6.00 SUPPLIES - PARKS 150.0~ S'ERVICES - mA~KS 96.37 SUPPLIES - WWTm 3~3.17 SUP~LIES 360.3~ SEPVI~ES - CITY ~9.00 SZRVICES - WWTm 90.00 SERVICES - STREET 5.00 SUP~LiES - ?113]90 DATE CHK AlP CHECK VENDOR LI. ST~NG AHOUNT PA6E DESCRIPTION 5113190 6115190 6115193 6115190 6115190 6115190 6115190 bi15190 6115198 6115190 6115190 6115193 $115190 f/15/90 6115190 6115190 6115190 6115190 6/15/9'~ 6115/90 5/15190 6115/90 61'15190 6/15/98 6/15190 6/1519g 6/15/90 6/15/90 6115/97 611.5190 $11519g 6/151'~g 6115/9J 6/15/9g 6/15/90 6/15/9~ 6/15/9g 6115193 511517'] 6/!5/9~ 6115/90 6/15/9g 6/15/9g 6/15/93 $115/90 6/19/~0 6121193 ~/21/9~ 61 21 19 ~ 152_~ 15~_9 1530 1511 1532 1533 1534 1535 1536 1537 1535 153q 1540 1 51~1 15~2 1543 1544 1545 1546 1547 15~$ 15&9 1550 1551 1552 1554 1555 1555 1557 155~ 1559 15~g 1561 1557 15~3 1554 1565 15.~6 1$67 15'~ 1571 15";'2 1574 1575 1576 157'7 1575 15~9 15B0 1531 15~2 LIND'S MARKET MARION COUNTY CLERK MARION COUNTY 8LO~ IN~PEC ~ARYATT !NDUSTRIES SUSAN M~NDEZ D~. CLEON L. PiLLE~ MITCHELL LEWIS ~ ST~VER MORTON INTERNATIONAL MUFFLERS, HITCHES & MORE MULTNOMAH JUSTICE ~V~EW NORTHWEST NATURAL G~S O.A.K. CUSTOM CONTRACTORS OREGON STAT~ EMPLOYMENT OREGONIAN PUBLISHIN~ CO. US WE~T COMMUNICATIONS PACIFIC PRINTERS PAYLESS D~UG STOR~ B~V~RLY PHILLIPS PORTLAND GEN£RAL ~L£CTRiC MS. TERRY PRI£TO PROCTO~ SALES INC PUMLILiTE 8UILDIN~ ~ROD. R~gY ~AST FOTO SALEM SCUBA ~ TRAVEL SALEM TROPHY SALEM TYPE COMPANY SILVERFLEET SYSTEMS SLATER COMMUNICATIONS PNILLIP S. SWOGGER T.E.K.O. AUTO STEOEO ROBERT E. THOMAS iI~ VAN WATERS ~ WAJAX-PACIFIC FIRS EQUIP WAT~R,F~OD ~ RESEARC~ LA~ WOODBURN CA~C~AFT WgODg~N FLO~!ST W]CDBURN I~ENDENT ~OO~URN OF;ICE SUPmLY WOCD~UR~ PEDIATRIC CLINIC WgO~G~N oH~P~ACY ;~N~L~ ROTH ERANCiS W. SCUA~CK CORNELIUS ~gNNELLY FRANCES ELL~ FRONK S~IRLEY RACKETT MARY LIND B~TTI! KOCH MARIA VALLE VOID TERRY DO~K OR DEPT OF MOTOR VEHICLE LEAGU£ OF O~EGON CITIES ICMA RETIrEmENT T~UST ANN M~RIE CHANEY UNIT£~ STATES POSTAL SSRV 139.41 270.00 1,330.4& 56.86 35.00 106.00 441 1,45q.05 580.00 9.65 75.1~ 22,758.00 1,535.10 25~ .O~ ,~2.97 37.50 96.~2 16.~0 7,67~.17 Z62.50 1.2!6.41 1 79. O0 79.68 100.00 76.00 38.00 211.71 855.90 55.50 155.00 1,067.80 4,906.5~ 206.44 138.0.'0 301.75 19.50 40.00 310.gO 19.C0 10.00 10.00 10.00 10.00 10.00 75.00 3Z5.00 0.00 474.75 50.00 ~7,274.69 6,566.50 80.00 114.78 SUPPLIES- PARKS S~RVICES - HOUSING S~VICE$ - ~UILDING SUPPLIES - WWTP S£RVICES - COURT SERVICES - POLIC~ SUPPLIES - WWTm SUPmLIES - STREET SERVICES - VARIOUS SUPPLIES - POLICE SERVICES - PA~KS SERVICE~ - HOUSING SERVICES - PA~KS ~ S~VICES - mOLIC~ S~VICES - PARKS SERVICES - ~SVP SUPPLIES - OARKS WWTP REiMbURSEMENT - LIBRARY SERVICES ' VARIOUS SERVICES - COURT SUPPLIES - WWTP SUPmLIES - STREET SERVICES - PARKS SERVICES - mARKS SERVICES - PARKS SERVICES - PARKS SERVICES - VARIOUS " SERVICES - STREET & PARKS SERVICES - COURT SERVICES - BUILDING S~RVICES - COURT SUPmLiES - WWTP SUPPLIES - WWT~ SERVICES - WATER SERVICES - ~OLICE S~RVICES - T~AN$~T SERVICES - VA~!OUS SUP~L!ES - ~OLICF ~=RV!CES - ~OLIrc SUPPLIES - mARKS SERVICES - CCURT SERViCE~ - CCU~T SERVICES - COURT SERVICES - COURT SERVICES - COURT SERVICES - COURT SERVICES - PARKS SIDEWALK SU~ - HOUSING V 0 I D SERVICES - LIIRARY SUPPLIES - DI~L A RIDE PAYROLL* PAY)OLL* SUPmLIES - PA~KS SERVICES - WATE~ 7113/90 DATE CHK NO AlP VENDOR CHECK 'LZ. STZN6 ' AMOUNT DESCRIPTTON 6122190 b/22/90 6/]2/90 512Z!90 6122190 6122190 6122190 6122190 6122198 6/Z2/90 61g2/90 612£190 61~2190 6/22190 61~2/90 6/22/90 b/22/90 612Z/90 6/22190 6/22/90 6/22/90 6/2Z/90 6/22190 6/22/90 6122190 6122190 6122190 6/22/90 6122190 6122/90 6/22/90 6/22/90 6/Z2/90 6/Z2/90 6/22/90 9~ 61221 ~ 6/2~190 §lZZl?O ~1~1~ ~!~21~ 6/~2/90 6/22/q0 6/22/93 6122190 6122190 6122190 6121190 6/22/9~ 6/22/90 6122190 6122193 6122193 6/22/90 1583 15~4 15'35 1586 15.~7 !538 1589 159.Fl. 1501 !592 15g3 1594 1595 1597 15~8 1599 ldg.O 1601 1603 16;33 1604 1605 16~5 1607 3608 1609 1610 1611 1612 1613 1614 1615 1616 1617 1618 1619 16~0 16_'1 1632 t623 1(.~ 1625 1626 1627 1626 16~9 1630 1631 163~ 1633 1~34 16~5 163~5 16.17 VOID V 0 I D V 0 I ~ VOID ~OID AL3INA ~UCL A~ARDS AND ATHLETICS ~AK~R & TAYLO~ CO. - NY B~KER & TAYLOR - ~A ~ NV EARRISTER SUPPORT SERVICE ~OISE CASCADE BUREAU OF LABOR ~ INDUSTR CgFFEY LA~OR~TOR]~S, FOCUS ELECTRONICS G.T.E. MO~!LN~T C- J. NANSEN CO., INC. HAR~R ~ ROW, PUbLISHErS HARqZS UNIFgPMS INGRAM gIST. GROU~ LEGISLATIVE COUNSEL COrM M'~RION COUNTY TAX COLLECT FARYATT !NDUST~iES METROFUELING, INC. NATIONAL ~USINE. SSWO~ENS NORTH SANTIAM PAVING CO. NORTHWEST GEOTECH INC O.C.D.L.A. OMEGA COM~UTER SERVICES OREGON PHOTOCOPY CO. PACIFIC NW ~eOKS US WEST COMMUNICATIONS P~CIFIC S~F~TY SU~PL¥~ IN J~FFRSY POggLOWITZ ~ &SSC PORTLAND GENERAL ELECTRIC P~RTLAND GENERAL ELECTRIC ~CHA~L ~iCE SAFETY EQUIPMENT CO SANTIAM COMMUNICATIONS ~05~RT SAWT~LLE SEWING ~ VACU~ EXCHANGE STERN-CME~TECH CO~P SU~M~N, ~N~N~, N~PNICK T.U. OF CR~:;ON THO~NDIKE P~SS T~A~PIST A~gEY BOOKgIND TRIANGLE PU~P ~ E3UIPMENT HEL£N D POYLE-ULV~RSCROFT UTILITY EQUIPMENT INC. WILLAMETTE 9USINESS ~O~MS WITT£O SYSTEMS INC ~'30DSURN CARCPAFT ~OODBdRN INDEPENDENT WOODBU~N TRUE-VALgE J~NICE D. ZY~YANO~F R. MICHAELS O. OO 0.00 0.00 0.00 0.00 176.10 20.25 20.61 ~0.15 ]0.00 1.50.30 5.00 1,633.21 85.00 137.36 1,57_3.83 102.1~ 142.90 116.~7 15.00 997.84 149.5$ 328.47 100.30 72,384.98 4,177.48 45'00 715.00 198.53 35.83 2,545.40 375.16 7,61~6.70 6,952.97 3,1~1.25 29.75 1,815.~9 600.00 5,C00.03 31 I 33.00 4~9.11 l~O.CO 59.80 1,2~2.50 ?.ZOO.Og 44.03 535.00 485,. 7& 2,~0.00 424.55 255.54 59.90 19.50 110.25 VOID VOID VOID VOID VOID SUPPLIES - S~RVICES - SUPPLIES - SUPPLIES - SERVICES - SUPPLIES - SUPPLIES - SUPPLIES - SERVICES - SERVICES - SERVICES - SUPPLIES - SUPPLIES - SUPPLIES - SUPPLIES - SERVICES - SUPPLIES - SUPPL!ES - VOID SERVICES - SERVICES - STREET PLANNING LI)RARY LI)RRRY CITY ATTORNEY VARIOUS LIBRARY WATER LIBRARY POLICE L!~R~RY LIBRARY CODE ENFORCE LIgRARY POLICE & LIaR MUSEUM WWTP VARIOUS PUgLIC WORKS ~UBLIC WORKS SUPPLIES SERVICES SERVICES SUPPLIES SERVICES SUPPLIES SERVICES SERVICES SERVICES -'CITY ATTORNEY - WATER - LIgRARY - LIgRARY - VARIOUS - STREET - HOgSIN~ - VARIOUS - VARIOUS REIMbURSEmENT - CTY ADMIN SUPPLIES - WWT~ S~RVZCES - CODE ENFORCE SUPPLIES - MUSEUM s~PvIcEs - L~ARY SUP3L]£S - WWTP SERVICES - NON DEPT SERVICES - mOL~CE SUPmLIES - LIB~Y SERVICES - LI~&RY SUPPLIES - WWTP SUPmLIES - LIBRARY SUPPLIES - STREET SUPmLIES - ~OLICE SERVICES - POLICE SERVICES - mOLICE SERVI£E$ - VARIOUS SUPPLIES - PA~KS REIMBURSEMENT - COURT REFUND - ~U[LDING DATE CflK NO A/P VENDOR CHECK L!STZNG AMOUNT DESCRIPTION 6122/90 1638 6/25/90 1639 6130/90 - 1640 ,5/30/90 1641 6/30/9g 1647 6130/90 1643 6/30/90 1~44 6/30/90 16:,5 6/30/90 16C6 6/30/~0 1547 6/30/90 1 6/~0/90 1649 6/50190 1650 6/3g/90 1~51 6/~C/90 1652 6/T0/90 165Z 6/3C/9i0 1 atSO/OO 1655 6/30/90 1~56 6/~0/9~ 1657 6/~0/90 1658 6/Sg/Og 6/3C/9g 1~50 6/30/9~ 1 561 61~0/90 166~ 6/30/90 1663 6/30/90 1664 6/30/90 1665 6130/9g 1666 6/30/90 1667 6/30/90 1668 6/28/9g 1659 6/~8/90 1~70 6/29/90 1671 6129190 !6~2 6129190 167] 6/29/90 1674 6/~9/~ 1675 6/29/9~ 1 6/29/9~ 16~7 6/29/90 1R~9 6/Z9/9,~ 16~ 6/29/9~ 16~1 6/Z9/~ 16~2 6/Z9/9~ 1~3 ~/29/9~ 16~5 6/29/90 I ~6 6/29/9~ 16~7 6/~9/~C 1~9 ~/Z9/9~ 1690 ~/~9/9~ VOID CITY OF WOODBURN VOID ¥ 0 I D CARTER, DENNIS CLASSIC CAR WASH%D NELIT COVLIN, GEORG~ D£CLE~CK ENTERP D~CLE~CK ENTERPRISES E~E~HART, CLIFFORD J GALLEGOS, CATARIND GORDON, MARSA~PET HAG~NAUSR, RON HALTER, MARY ING, LESLIE I~W!N, OLEN R JOHNSTONE, ALViNA KARR. PAUL L MALLORY, WESLEY MA~THALLER, JOHN A ~CCLAIN, MOLLY MOORE, JULZ~ P~NTOJA, RAYNE, F~ANK PLANK, KENNETH RICE. A J SCHROCK. STEVEN SHERMAN, KATHY SP-CORNWELL PARKING LOT TEM~LETON, GWEN L THURSTON, PATRIC!~ J S~AFI~ST UNITE~ ~STAT~S POSTAL V 0 i D V 0 i ~ VOI~ VOI~ AL~S FRUIT ;~ ~HRU~ A~AT~× ~ERVTC~S, INC. ~AK~R ~ TqYL~ - CA ~ NV BEAR {L~CTR;C I~£., B~-MART ELUE ~I2BON JANiTCR~AL ~O, SE CASCADE POONES FERRY ~LECTRIC ~RACK~NSROU~H REMGD~L[NG CASE AUTOmOTiVE CAS~ AUTCMOTIVE C£SSCg, CHEMEKETA COP~UNITY COLL CHZM-~ILL JSHN C9~PU~ENT, CONV~N]~NC~CA~D 0.00 1 75.76 0.03 O.O~ 44.95 45.10 44.95 '50.57 44.95 44.95 ~4.95 4,~ 45.10 4~.95 44.95 11.27 ~5.10 45.1~ 45.1g ~5.10 44.95 45.10 45.10 45.10 ~4.95 44.9~ 44.95 45.10 45.10 l~&,O00.OO 122.65 O.OO O. CO 3~5~ . O0 xn 69 ~0.17 24.4 ~ 2.7 5 957.43 1,532.5~ 8,299.00 2~ 343.54 355.0D VOID PETTY CASH*** V 0 I D VOID DEPOSIT RETURN - WATER DEPOSIT ~ETU~N- WATER DEPOSIT R~TU~N - WATER DEPOSIT RETURN - WATER DEPOSIT ~T~RN - WATER ~EPOS~T RETURN - WATER DEPOSIT PETUqN - WATER D~POSIT ~ETUPN - WATER DEPOSIT R~TURN - WATER DEPOSIT PETUqN - WATER DEPOSIT RETURN - HATER D~PgSIT ~ETURq - WATER D~POSIT PETU~N - WATER DEmOSIT RETURN - WATE~ DEPOSIT RETURN - WATER ~POSIT ~ETU~N - WATE~ DEPOSIT RET~N - WATER DEPOSIT R£TgRN - WATER D~POSIT RETURN - WATE~ DEPOSIT RETURN - WATER DEPOSIT RETURN - WATER DEPOSIT RETURN - WATER DEPOSIT RETURN - WATER DEPOSIT RETURN - WATER DEPOSIT RETURN - WATER OEPOSIT RETURN - WATER D~POSET RETURN - WATER PAYROLL* ~E~VI~E~. ~ .. - WAT~ V 0 ~ D VOID VOID V C ~ D SUPPLIES - WWT~ SUP°L~ES - WWTP SU~OL~ES - POLIC~ ~UP~LI~S - L~Y S~PVZ~S - WWT° SUP=Li£S - WWtp SERVICES - CItY HALL S~P?L~ES - VARIOUS SERVICES - WWTP SERVICES - HOUS~NS SERVICES - ~OLICE SERVICES - ~OL~E SUP°LIES - STREET SUPPLIES - LIbRaRY SERVICES - PUBLIC WORKS REIMBURSEMENT - POLICE SUPPLIES - P~RKS SYPPLIES - VARIOUS 7113/90 DATE CHK NO AlP CHECK LI..STIN6"' VE ND OR AMOUNT DESCRIPTION 61Zqlgg 6/Z9/93 6/29/9D 61;_.9190 0129190 6129190 612.919'3 6129190 518c;.19D 6129192 61Z9/90 61-' 919 '3~. 6129190 512ql90 51 79/93 5/79/90 C,/29/90 61~9193 5179193 6/79/90 61~9/90 612.9190 6129190 6129193 6/29/90 6179/90 6/79/?0 6129190 61291q0 61£9190 6/29/93 ~5/2_'~192 6/]9/9r3 612919~ 61~91~2 6/2.9/93 f/~_9/93 61~9/90 6129198 61~ '91c; '3 6129190 612.919~ 61 29190 6/~9/98 16Q3 1694 1695 1696 I &97 16~8 16~9 17D0 1701 1702 I 7D3 17~& I ?,35 17D6 17~7 1738 1709 1710 1711 171~ 1713 1714 1715 1715 1717 1718 1719 17Z0 17~1 17~ 17~_3 177_4 17~5 1726 17c~7 1~28 17~g 1730 1731 17z,~ 1735 1736 1737 1737, 17~g 17~0 1741 174~ 1743 17,~4 1745 174-.', 1 7~,7 DANIELS PHOTOGRAPHY DAVISON AUTO PARTS DAVISON AUTO PARTS DAV[SON AUTO PARTS DAVISON AUTO ?ARTS T]RRY EMERSON FACTS ON FILE, INC. FAMILY C]RCLE FARMERS FARMERS STE~L CO. FOUR STAR WINDOW A~4NE GETMAN G.T.E. JiLL C. HARVEY, DIRECTGR H~RSH~E~GER MOTORS NANCY A. KIRKSEY RICHARD A. KgSKELA L & L BUILDING SUPPLIES LOCAL GOV'T P~RSO~4'L INIT MARSHALL CAVENDISH CORP. MA RYAT.T INDUSTRIES F~[TER 30X E~U~PMENT Cg RILES CHEVROLET ~R P'S AUTO PARTS NATIONAL ~USINE SS'~O~ENS NORTHWEST NATURAL GAS OREGON PHOTOCOPY CO. US WEST ~OMMUNZCATIONS PAYLESS DRUG STORE J.D. PENCE A~UATIC SUPPLY PORTLAND GENERAL ELECTRIC ES. TERRY P~IET'D DRINT RIGHT FR[D P~YOR SE~I~¢R~ iNC. RADIO SHA~K RSDDA ~AINT :~ & P ELeCTRiC SAFEWAY STORES SILVERTON SAND ~. 3RAVEL SLAT[R CO~MUNICAT[CNS LINDA SP~AU ~R, T~LGPHONE BILLING SVCS. T.~.K.O. AUTO STE:!FO T~RR~TORIAL SUPOLiES TiME-LIFE BOOKS/MUSIC TOWN ~ COUNTRY PEST CONTR DAVID L T:~APP & ASSOC. T'~AFF)C SAFETY SUPPLY CO. U. S. NATIONAL SANK OF OR WASTEWATER NE~WOR~ W:DLFERS H.EAYiNG ~. AIR CON WDBRN COAST ~0 COAST WDBRN COAST T~ COAST W3BPN C:3AgT TC, CGAST 146.42 106.33 ~2.74 1¢9.55 13.20 4~0.00 24.9 59.00 5.60 179.0"] 8. O] 2, r~79. '~3 50.BO 178.85 78.50 179.18 452.17 250.0 1 1~9.17 7 09.4:3 349.9~ 641.64 59.00 1,158.82 70.20 69.80 /,2.98 241 12.65 277.5..0 6o.53 10~.56 ~54 ~9 75 732.1~ 043.6~ ¢0.00 I 5. ~0 15.00 5~.0.~ 430.00 1,000.03 3.338.9~ 42.0g 269.2'~ 174.47 SERVICES - POLICE SUP=LIES - VARIOUS SUPPLIES - VARIOUS SUPOL[ES - VARIOUS SUPPLIES - VARIOUS ~E[MEURSEMENT - WWT~ SUPPLIES - LIBRARY SUPPLIES - LIbrARY SERVICES - VARIOUS VOiD SUPPLIES - CITY WALL ~ZIMBURSEMENT - LIbRArY SERVICES - ~L~CE REIMbURSEmeNT - ~VP SERAVICES - V~R!O~S ~E[~URSEMENT - ~AY3R SERVICES - PUBLIC WORKS SUPPLIES - VARIOUS SUPPLIES - mOLICE SUPOLIES - LIbrARY SERVICES - VARIOUS SUPPLIES - W,ArER. SERVICE~ - ~ARKS SERVICES - VARIOUS REGISTRATION - PLANNING SERVICES - VARIOUS SUPPLIES - LIBRARY SERVICES -VAQIOUS SUPPLIES - WWTP SUPPLIES - PA~KS SERVICES - VARIOUS SERVICES - COURT ~UP~LIES - mA~KS RCGISTRATION SUPPLIES SUP=LiES SERVICES SUPOLIES SUPDL~ES SEDVICES SdPOLIES e='ZNT Li RARY R[iM~UP~~M, - B SERVICES - ~OLICE S~RVICES - CODE ENKOECE SERVICES - POLICE SUD~LIES - LIBRARY SERVICES - ~ADKS ~ WWTP SERVZC~ - DUSLIC WORKS SUP?LIES - VARIOUS BONDS/COUPONS**** SERVICES - WWTP S~RVICE3 - OA~KS SUP?LIES - VARIOUS SUPPLIES - VARIOUS SUPPLIES - VARIOUS 7113190 DATE Cfi[ NO AlP CHECK~[~STIN6 VENDOR AMOUNT PAGE: ~ DESCRIPTION 6/29/9g 1748 6129/90 1749 6/29/90 . 175g 5/~9/9g 1751 612919g 1752 5/29/9g 1753 6/29/90 1754 -~/29/9g 1 o12.9190 1756 3/29/90 1757 ~,/29/90 1758 612919g 1759 6/79/93 ~76g 61~9/93 6/~919g 1752 ~/29190 175~ ~1291~g 1~54 51~91~0 1765 6/29/9g 176~ 6/29/9g 1757 0/~9/9g 1768 ~/29/90 1~69 6/29/90 17FO 6/~9/9g ' 1771 6/2919g 177~ 6119/90 6129190 1774 6129190 1775 61~9/9g 1776 6119/90 6/]9/90 1778 6/]9/93 1779 6/~9/9~ 1781 ~/3~/9g 170] 7/05/90 17~4 71 g5/93 17~5 7105 o~ /, 7/05/~9 17~7 7/05/9J ~/051~9 7/~ ~/9,j 1 7/9519C 1 7/25/90 ~/O~/9~,~ 18~3 7/C~/90 18~ 7/05/9G 7/05190 180~ 7/05190 7/05/99 1808 6/30/9J 18.-'_0 5/~0/C$ 1821 6/3C/~ 1822 6/30/9C~ 1873 ~13Gl~ 2 1=~2~ WDBRN FERTILIZER g GRAIN WOODSURN INtEPFNDENT WCOD~URN LUMBER CO. WOODBURN OFFICE SUPOLY W'~ODB~RN RA~iATOP S GLASS WOODOURN TRUE-V~LUE HDWF X~ROX CORPORATION Y~S GRAPHICS EUTH ~ROWNE 6~ACE FQLT~ HELEN GAAHAM ELE.~NOR HOWE ROBERT JCHNSTCN LEO LA ~O~US F~ANK M[EKS ERNA ALMEDA ~UIRING VIOLET ANDREA SCHOOLER LY~AN E. $~!TH LLOYD WELLS C~A~LES WIGLE HATTIE CLAPK EUgEN~ R. DUEUQUE. GEACE DAVIDSON CORNELIUS DONNELLY TONY HALTER ERNA M. OSBORNE DYRON J. PEFFLY GERTRUDE RESS JAMES STROUP ~ARBARA STROUP F~L V[~ PL~NK VOID V g I D V O I D VCZD S~ACIRST O~gN DEP~T. gF REVENUE PACIFIC MUTUAL LI~E UNITED 309D N~I~H3C~S M~ -~ R ~ ~ FED. CREDIT U~iON AM~I~A~ ~A~iLY CANCE~ WDOO~URN POLICE ATHLETIC AFSCME ~TAIL CREDIT SERVICE COLONIAL LIF£ & ACC. IN~. DHR CHILD SUPPORT UNIT INTERNAL ~EVENUE SERV:C~ ONlO NAT'L LI~E INS. CO. VCIO V 0 ! D VO!D ACM£ LOCK SHOP ARGO INSTRUMENTS 417.10 SUPPLIES - WWTP &5.86 SERVICES - ~ARK$ 469.04 SUPPLIES - VARIOUS 2~9.69 SUPPLIES - VARIOUS 469.85 SERVICES - PAgK$ 263.74 SUPPLIES - VARIOUS 126.0g SERVICES - CITY ADMIN 1,477.00 SERVICES - PARKS 20.36 S~VICES - RSVP 12.6~ SERVICES - RSVP 15.3.5 55.~3 1~4.56 55.44 44.64 SERVICES - RSVP SERVICES - 2SVP SERVICES - ~SVP SERVICES - RSVP SERVICES - ~SVP SERVICES - RSVP 56.G8 S6,~VICES - ~SVP 141.84 SERVICES - ~,SVP 73.04 SERVICES - PSVP 50.40 SE2ViCES - ~SVP 21.62 SERVICES - ~SVP 90.00 SERVICES - DIAL A RIDE 1~.80 SERVICES - DIAL A RIDE 5'60 SERVICES -.DIAL A RIDE 134.20 SERVICES - DIAL A RIDE 16.60 ~SERUICES - DIAL A RIDE 25.20 SERVICES- DIAL A RIDE 139.20 S6RVICES - DIAL A RIDE '3~.20 SERVICES - DIAL A RIDE g6.2g S~RVICE~ - DIAL A RIDE 52.2~ S:~VICFS - DIAL A RIDE 1'~4.6g SERVICF~ - DIAL A RID~ 0.0~ V 0 I D C.OD V g I g O.Cg V 0 ~ ~ 0.09 V C I D 50.0?7.60 PAYROLL* 12,659.97 PAYRC. LL* 69.09 PAY?OLL* 7-07~_ .4e PAY~CLL* 16~,. 55 P~YP, OLL* ~-SO.OO PAY ~'3LL* 7~5.03 P~Y~OLL* 100.00 PAYROLL* 1.714.81 PAY~CLL* 10.0! PAYROLL* 110.26 P*Y~OLL* 1.554.78 PAYROLL* O.CO VCID O. Cg VOID 0.03 VCID 31.50 SERVICES - ~OLICE 1,005.95 SUPPLIES - STREET 7113190 DATE CHK NO AlP CHECK LISTING VENDOR AMOUNT 6/3CI9,3 5/3019g 6/30/9g d/ZCIgO ,~/30/9C 6/~3t9~ ~/~0/90 6/~0/90 5/OC/qO 6/30/9g 61 30/9~ 6/30/90 6/~0/9g 51~gI93 61~"319g 61301~g ~/30/90 6130198 6/30/90 6130/90 6130190 6110190 6/30/90 6/30190 6/30190 ~/30190 6130/9g 6/3019g 6130193 6/3C/9g 6/3~/9~ ~/30/9g 6130/90 6/30/9~ ~/30/9n~ 6130198 6130/98 6130/9~ 613019g 61.~0190 6150190 6/30198 ~13~!9~ 6130190 6/3019CD 6/3019g 187,6 182TM 1828 1839 1~0 1831 17'~2 1~33 I ~$7 1839 1 18.47 1849 1850 1851 1852 1~53 18~4 1855 185~ 1~57 I .,aq 1859 1 ~51 1~52 1~64 1~9 1871 1~72 1874 1875 1~7~ 1877 1878 1~9 AUTOMATED OFFICE SYS-SALM 2 & !~ TV ~ APPLIANCE ~I-MA~T CO~O~ATigN ~OISE CASCAD~ BUSINESS CONN£CTIgNS CHEMEKCTA COMMUNITY COLL CgMMEaCIAL 3US]NESS SUPPL CONSOLIDATED SUPPLY CO. COPENHAGEN INC CIPY OFFICE PRODUCTS, INC DICTAPNgN~ DiP-N-D~UT ENGELMAN £LECTRIC E~NST HARDWARE FA~IL]AN NW FARM PLAN F~DERAL EXPRESS GiRVAIS T~L~PMCNE GLIDDEN COATINGS & RESINS 6.T.E. MO~ILN~T C. J. HANSEN CO., INC. HARRIS UN[FOI~S H~RSH5ERG~R M~TgRS HUBBARD HARDWARE & LUM~fR HYDRAULIC SPECIALTY, INC. INDUSTRIAL WELDING SUPPLY L & L BUILDING SUPPLIES ~RRION COUNTY CLERK P£TRO~U~L]NG. INC. ~IL~S CHEVROLET ~ON:T3R CO-OP T~LEPHONc NORTHWEST NATURAL GAS ~S ~ST COmmUNICATION5 US ~$T COMHUNICATI3NS J.~. PENCE AQUATIC SU~LY J~FR~Y POGQLOWITZ ~ ASSC PJRTLAND ~EN~AL ELECTRIC PORTLAND GENERAL ELeCTrIC HAROLD g. P~OCTOR SR ~ ~ ~ UNIFORMS OF SAFSTPOm UTILITIES S~OT SU~LY INC SCOTT ~ ASSOCIATES S~COND CHANCE ~OD¥ ARMOR SERVIC6NT~ SILVERTON SAND ~ GRAV£L SLATER COMMUNICATIONS SOOTHER PACIFIC T~ANS. CO STATESM~N-JOU~NAL NE~SPAP DAVID L TRAMP & ASSOC. T~AFFIC SAF£TY SUmPLY C3. TRUSS-T STRUCTURES UNOCAL:ERNIE GRAHAM OIL UNITE~ D:S~OSAL SERVICE VALLEY WELDIN~ SUmPLY 105.00 34.79 £ 07.7 ? 150.00 1,84~.00 1,886.98 3,637.00 59,063.3~ 182.55 2-475.56 Z5.OO 128.50 1,230.65 1,624.C0 C.80 ?0.53 35.30 359.84 106.61 176.00 15.03 703.70 198.06 32.37 32.03 280.68 510.00. 475.32 ~49.90 170.13 4g.66 6~6.1~ 4~1.6~ 48. C-D 2,530.00 6,802.67 ~30o61 4,590.09 ~8.00 13,900.5D 400.04 3,6Z~.56 2,516.00 146.80 1,488.69 92.25 74.C0 177.55 555.09 107.09 28.00 815.75 7.56.59 8.5:3 SERVICES SUP?LIES SUPPLIES SERVICES SUPPLIES SUPPLIES SUPPLIES SERVICES SERVICES SERVICE~ SUPPLIES SERVICES SUPPLIES SUPPLIES SUPPLIES S~RVICES SERVICES .SUP?LIES S~RVICES SERVICES SUPPLIES S~RVICES SUPmL~ES SUPPLIES SUPPLIES SUPPLIES SERVICES SUPmLIES VOID SERVICES SERVICES SERVICES SERVICES SUPPLIES SERVICES SERVICES SERVICES SERVICES SUPmLtES SERVICES SERVICES SUPPLIES SERVICE~ SUPPLIES SERVICES SERVICES SERVICES SERVICES SUPPLIES SUPPLIES SUPmLIES SERVICES SUPPLIES - PARKS - LIBRARY - ST~EST - VAqIOUS - POLICE - LIBRARY - LIBRARY & WTR - WATER - PU3LIC WORKS - CENT~AE STORES - oOL~C~ - POLICE - ~ARKS - ~WTP - ~AT~R - STrEeT - oOLiCE .- POLICE - ~ARKS - mOLICE - LIBRARY - CODE ENFORCE - mARKS - HOUSING - STREET - STREET & WWTP - STREET. - HOUSING - VARIOUS - POLICE - VARIOUS - VARIOUS - VAR!OUS - ~AeKS - HOUSIN$ - VARIOUS - V.~RTOUS - P~KS - ~T~ET - ~U~L[C WORKS - LISRARY - NON 9EPT - ~CLI~ - WATER - W~tE~ - POLICE - =U!LIC WORKS - WWTP - PU3LIC W~RKS - STREET - STreET - CENTRAL - VARIOUS - WWTP ~ARAGE ?i1~190 DATE CHK NO AlP VENDOR CHECK LISTING' AROUNT DESCRIPTION 6130/9g 1ErSO WATER'FOOD ~ RESEARCH LA5 ~/--~o/gg 1~1 WITHAM ~A~D~N CENTE~ 6/]~/9~ 1382 WDBRN COAST TO COAST 6/30/9~ 18~3 W3ODD~URN CONCRETE ~/~ ~] _.~/9 1~ k',3ODgURN ~HA2f~CY 6/3g/9C 1~5 WOOD, URN T~UF-VALUE NDWE 6/~g/9g 1~36 X=ROX COR~OPATi ON 6/30/9~ 1887 ADDYSE PAPAGYI 6/30/90 18~0 V 0 I [. 102.00 SERVICES - WATER $4.~5 SUPOL~ES - STP, EET 105.63 SUPPLIES - STREET 88.00 SUPPLIES - WWTP 23.59 SUPPLIES - POLICE 131.67 SUPPLIES - STrEeT 16.74 SERVICES - C'.TY ~,TTORNEY 49.64 P, EIMBURSEMENT - RSVP 500.C'0 SIDEWALK SU~ - STREET 0.00 VOID $2'97,294.83 $.00 ~661.38 $15,263.75 ~381,553.29 PAYROLL* PETTY CASH*** BONDS/COUPONS**** ~ATERIALS/SUP~LIES/~TC. ~6~4,773o2~ TOTAL FOR THE MONTH OF: ....... JUNE 1990 MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator Ju!ie Moore, C.E. Tech III ~ Status of Front St. Improvement project Cleveland St. to Harrison St. July 19, 1990 from Oe~=~ing the ~ta*~ of the Front c*~+ Improvement project from Cleveland St. to Harrison St.: Tun~n,rw~,w~r~ ,L.~s~: The pi=~ for Front St are aDuroximateiy 85% complete. There is an issue dealing with the sidewalks that needs to be resolved. In some areas the curb has two steps and options zo correct this are still being discussed. Also s~orm drain problems are being designed for correction. ~ r~ic 'iow ...... ~..,~: Varlous 'fa- r patterns have been analyzed and discussed with several business owners representing the Woodburn Downtown Association Some of the ~-=~'~ , u~r=c flow options include one-way traffic bike ways, and diagonal parking in the downtown area. A bike way is being planned to connect H%~5,. ggE to Hubbard via Boones Ferry Rd. and options need to be discussed to get a connecting route through town. ~e~e traffic flow options have not been resolved yet and will be brought to Counc~l ~t a later date MEMO TO: FROM: SUBJECT: DATE: City Administrator Building Official Building Activity for JUNE 1990 # JUNE 88 # JUNE 89 # JUNE 90 New Residence Vaiu. Res. Add. a n~ Commercial Vaiu. Comm. Adds ~ ~+~ ~-e~,c~ ~_ ~igns, ~ ~ =~ n~ives Accessory S~ructures ~uDx~e Homes Demolish 0 3 210,000 9 28,450 2 8,000 ! !,00! i 30,000 ! 80,000 0 0 4, 5,198 I 500 '-' 0 34 ~36 000 ~ ~°6,900 3 56,000 0 0 ! 2,000 0 0 6 ~o 500 3 900,19! 4 49,500 2 20 0 0 6 210,000 0 0 !51,548 45 442,500 21 1,208,2'1! JUiy-uune s Year to Date 4,848,135 6,512,087 7,376,183 Building mT' TO: FROM: SUBJECT: DATE: Planning Commission and City Council thru City Administrator Code Enforcement Section, Michael Culver Six Month Report Encompasses Code Enforcement Activities from Jan. ! 1990 to June 30, 1990 July l, 1990 Code Enforcement Section responded to or self initiated 607 cases an increase of 17 ~ over the same period in 1989. 90 Cases ANIMAL CONTROL: These include, but are not limited to barking dog(s), dog(s) running at large, vicious and menacing'animals, follow ups cases on animal control involving cruelty cases for Woodburn Police Department. Other related duties involved with livestock and animal control. 23 Cases Dog Licenses sold to public. 5 Cases Dog(s) released to oWners and paid an impound fee. 180 Cases PUBLIC PROPERTY VIOLATION: These cases inc!ude storage of motor vehicle(s), boat(s)', trailer(s), etc. on public street or public property or abandoned auto, etc. 23 Cases Vehicle(s) were towed due to violation on public streets or public property. 95 Cases PRIVATE PROPERTY ABATE NUISANCES: These cases include articles on private property labelled as junk, old cars, car parts, miscellaneous debris of old wood, and old car +{res Any type of debris that would take away from aesthetics of the Ci,~. 26 Cases HEALTH HAZARD: These cases involved solid waste products (garbage) and other refuse which created a public health hazard which produce habitat for rats. Also human defecation,involved with migrant work camps, and open septic Tank(s) re~ated To housing problems. 71 Cases LAND USE VIOLATION: Cases involved with zoning ordinance addressing housing problems, such as, a single family unit being used as a mu!tifamiiy uniT, residential units operating commercial businesses in a residential zone, traffic safety involving line of sight at intersect!on, and vehicle{s) being parked on lawn areas. 150. Cases 5 Cases 0 Cases 12 Cases 9 Cases OBNOXIOUS VEGETATION: This includes weeds, tall . _~._:~ grass, poison oak, poison ivy, blackberry bushes and other vegetation located on private properties in effect from May ! through September 30 - City Ordinance #1822. DANGEROUS BUILDING: Where a building or structure has been so damaged by fire, wind, earthquake or flood or has become so dilapidated or deteriorated to become an attractive nuisance to children, harbor vagrants, or migrants affecting public health, etc. INDUSTRIAL WASTE: Was disposed of through the City's storm drain system. ASSIST OTHER AGENCIES: Such agencies as the Woodburn Police Department, Woodburn Fire District, Marion County Health Department, Marion County Housing Authority, the Department of Labor and Industries, Accident Prevention Division, and Woodburn Building Department. Misc. Violation: Consists of citation issued public indecency, drinking alcoholic beverages in public areas and other city violations. SUMMARY: The cry for city services has taxed Code Enforcement Section to its maximum efficiency. This department resources will prioritize its calls for service to better serve the community. DATE: July 18, 1990 . '·TO: ~ KEN WRIGHT, CHIEF OF POLICE FROM~N EUBANK, LIEUTENANT SUBJECT: SEMI-ANNUAL REPORT ON CRIME STATISTICS THE FOLLOWING ARE ACCUMULATED STATISTICS OF THE WOODBURN POLICE DEPARTMENT S ACTIVITIES FROM JANUARY 1, 1990 THROUGH JUNE 30, 1990. COMPARISON IS BEING MADE TO THE ACTIVITY OF 1989, DURING THE SAME TIME PERIOD. OVERALL, TOTAL '~INCIDENTS ARE DOWN BY 10.7%, AS CAN BE SEEN ON PAGE 3 OF THIS REPORT. PART I (INDEX CRIMES) 1989 . 1'990 PERCENTAGE CHANGE +/- MURDER O' 0 *RAPE 4 1 *ROBBERY 9 7 AGGRAVATED ASSAULT 8 18 *BURGLARY 88 78 LARCENY. 377 282 AUTO THEFT 30 34 ARSON · 2 6 · TOTAL ~1518 426 PART I SUMMARIZED 0% -75%.. -22% +125% -10% -25% +200% - 17.7% 28% OF PART I OFFENSES HAVE BEEN CLEARED THUS FAR IN 1990. *IN THE AREAS OF RAPE AND ROBBERY, THE 9~£REASES APPEAR TO BE DRASTIC, HOWEVER, WHEN DEALING WITH NUMBERS AND PERCENTAGES, SMALL NUMBERS SEEM EXTRAORDINARY WHEN, AT TIMES, YOU ARE TALKING THE DIFFERENCE BETWEEN 1 and 3. AS WITH LAST YEAR'S STATISTICS, BURGLARY IS DOWN AGAIN IN NUMBERS BY 10 FROM 1989. WE ATTRIBUTE THIS DECREASE TO OUR STRONG EFFORTS IN DRUG ENFORCEMENT, COMMUNITY POLICING,'BECOM~NG ACTIVE AGAIN IN NEIGHBORHOOD WATCH, AND MORE IMPORTANT, CITIZENS ARE BECOMING "INVOLVED AGAIN". PART I I 1989 ASSAULT 104 *VANDALISM '188 NARCOTICS/DRUGS 116 *DUII 112 DISORDERLY CONDUCT 123 TRESSPASS/PROWLER 105 *ALL OTHERS (INCLUDING CURFEW LIQUOR, ETC.) 297 TOTAL 1051 1990 PERCENTAGE CHANGE +/- 8~ ----16% :~238 +26% 68 -41% 149 +33% 131 + 6% 100 - 5% 262 -12% 1035 -1.5% PART II SUMMARIZED 59% OF THE PART II OFFENSES HAVE BEEN CLEARED THUS FAR IN 1990. *VANDALISM, WHICH SHOWS A 26% INCREASE, IS ALWAYS AN AREA OF cONCERN AND THIS IS STILL SOMEWHAT DUE TO THE INCREASE IN REPORTING AND THE SPARATIC ACTIVITY OF THE SO CALLED "GANGS". NARCOTICS AND DANGEROUS DRUGS REMAIN A PRIORITY OF ENFORCEMENT. *LIQUOR LAW ~VIOLATIONS, PRIMARILY, DRINKING IN PUBLIC HAVE DECREASED BY 13% MAINLY THROUGH THE EFFORTS OF OUR FOOT PATROLS .IN THE DOWNTOWN AREA AND OTHER "HOT" SPOTS THROUGHOUT THE CITY OF WOODBURN. *DRIVING UNDER THE INFLUENCE OF INTOXICANT ARRESTS ARE UP 33%~AND THIS CAN BE ATTRIBUTED TO THE EFFORTS OF THE DUII ENFORCEMENT POSTITION PARTIALLY FUNDED BY THE OREGON TRAFFIC SAFETY COMMISSION. 1989 TRAFFIC CRIMES 135 TRAFFIC ACCIDENTS INJUi~Y-'-' ' ' 19 NON INJURY 103 WARR~LNTS 360 ANIMAL PROBLEMS . 104 DOMESTIC PROBLEMS 124 ALARMS CONFIRMED 9 FALSE . 46 OTHER MISC. 194 ALL OTHERS 2024 PART II I 1990 109 15 101 219 78 84 7 11 165 1902 PERCENTAGE CHANGE +/- ' -24% -21% - 2% -39% -25% -32% -22% -76% -15% '.~ -6%.~ TOTAL PART III 3129 2730 -12.7% GRAND TOTAL 4698 4198 PART III SUMMARIZED -10.7% 70% OF PART III OFFENSES HAVE BEEN CLEARED THUS FAR IN 1990. PART III ACTIVITIES ARE OVER 75% OF THE DEPARTMENT'S ACTIVITIES AND MOST OF THESE CALLS ARE SERVICE RELATED. COMMUNICATIONS CENTER ACTIVITY THE *NDRTH ~RION 9-1-1 COMMUNICATIONS CENTER HAS BEEN IN FULL OPERATION NOW FOR OVER i 1/2 YEARS. FROM JANUARY 1990 UNTIL JUNE 30, 1990, 7552 CALLS FOR SERVICE WERE HANDLED BY COMMUNICATION PERSONNEL. THE FOLLOWING IS THE DISTRIBUTION OF THE CALLS FOR SERVICE. 1989 1990 PERCENTAGE CHANGE +/- *3 POLICE AGENCIES 4 FIRE AGENCIES i AMBULANCE CO. *CODE ENFORCEMENT *NOR-COM CENTER 5254 4533 -15% 1164 1265 '+ 7% 840 973 +14% 451 604 +38% 86 177 +51% TOTALS 7795 7552 -31% AURORA POLICE TERMINATED DISPATCH SERVICE, JUNE 30, 1989, THUS REDUCING TOTAL POLICE CALLS. CODE ENFORCEMENT WAS TRANSFERRED TO COMMUNITY DEVELOPMENT MARCH 15, 1989. CALL NUMBERS wERE INSTITUTED FOR THE COMMUNICATIONS CENTER IN MARCH 0F'1989 TO RECORD INCIDENTS THAT WERE HANDLED BY COMMUNICATIONS PERSONNEL VERSUS BEING ASSIGNED TQ A PARTICULAR AGENCY, IE. POLICE,' FIRE, ETC. CODE ENFORCEMENT AND NOR-COM CENTER FIGURES FOR 1989 REFLECT ONLY 3 1/2 MONTHS OF CALLS, FROM MARCH 15, 1989 - JUNE 30, 1989, AS THIS IS WHEN THEIR CALLS WERE INSTITUTED. -4- MAJOR CASE SUMMARY ON APRIL 14, 1990 AN ATTEMPTED MURDER WITH A RIFLE OCCURRED ON FRONT STREET BETWEEN GARFIELD AND ARTHUR STREETS. THE INCIDENT INVOLVED A "HOBZ" GANG MEMBER. THE VICTIM WAS TAKEN TO SALEM MEMORIAL HOSPTAL .BY A FRIEND. AT THE COMPLETION OF THE INVESTIGATION ONE SUSPECT WAS ARRESTED FOR ATTEMPTED MURDER AND IS PENDING TRIAL. IN THE LATTER PART OF MAY 1990 THE WOODBURN POLICE DEPARTMENT HIRED POLICE AGENTS TO WORK UNDERCOVER NARCOTI-C INVESTIGATIONS IN THE DOWNTQWN CORE AREA. THE TARGETS WERE STREET DEALERS. AT THE CULMANATION OF THE OPERATION THERE WERE i7 ARRESTS WITH AN ARREST FOR DELIVERI OF ONE OUNCE OF COCAINE. ON MAY 19, 1990 THERE WAS AN ASSAULT WITH A KNIFE AT THE YOUNG STREET MARKET. THREE 18th STREET GANG MEMBERS WERE INVOLVED. THE VICTIM WAS THE BROTHER OF A "HOBZ" GANG ASSOCIATE. THE VICTIM WAS LIFE FLIGHTED TO THE HOSPITAL. ONE SUSPECT WAS ARRESTED AND CHARGED WITH'ATTEMPTED MURDER AND IS CURRENTLY PENDING TRIAL. -5- Businessland inc. 1600 S.W. Fourth Avenue Portland. OR 97201 (503) 227-2367 Page 1 go Oty 1 1 1 1 1 1 1 PROPOSAL FOR THE CITY OF WOODBURN SERVER STATION Description Price IBM Model 8580A31(25 Mhz) with a 320 MB Hard Disk 8,444.80 IBM System 2 Monochrome Display (8503) 181.12 IBM DOS Version 3.3 87.68 Max 4 Surge Protector with Noise Filter 62.30 Elgar Battery Backup Unit(1000va) 800.00 Elgar U PS Cable 75.56 Floppy Disk(3.5 Double Sided Double Density) 18.00 Retail 13195.00 283.00 137.00 89.00 1294.95 107.00 22.00 Bo Qty 1 1 NETWORK HARDWARE AND SOFTWARE Description Price Novell Netware Version 2.15 on 3.5 Floppy Diskettes 2,456.09 Server Installation(Level B) 495.00 Retail 3295.00 495.00 Qty 27 24 3 27 27 Oty 29 2 WORKSTATIONS Description Price IBM Model 8555031 (16 Mhz) with a 30 MB Hard Disk 67,305.60 IBM System 2 Monochrome Display(8503) 4,346.88 IBM System 2 Color Display(8513) 1,482.24 IBM DOS Version 3.3 2,367.36 IBM System 2 Mouse /~'-~, ,n'~ -lv-29-2vSO Max 4 Surge Protector with Noise Filter 1,682.10 NETWORK ADAPTERS Description Etherlink Network Cards Etherlink II Network Cards Price 9,049.45 434.98 Retail 94365.00 6792.00 2316.00 3699.00 2020.00 2403.00 Retail 14355.00 690.00 Businessland Inc. 1600 S.W. Fourth Avenue Portland. OR 97201 (503) 227-2367 PROPOSAL FOR THE CITY OF WOODBURN Page 2 E. Oty 2 5 7 1 F. @ty 1 1 1 MODEMS AND CABLES Description Hayes External 9600 (V.92) Baud Modems Hayes External 2400 Baud Modems Modem Cables(9 foot) TAPE BACKUP UNIT Description Mountain 2 Gigabyte Tape Backup Unit FS2100 Mountain Tape Backup Host Adapter FS2100 2 Gigabyte Tape Packs(5 Tapes) P~ce 1,489.90 895.00 164.15 Price 4,673.37 471.00 190.00 Retail 1998.00 1275.00 314.65 Retail 7398.00 695.00 225.00 Oty 1 13 3 1 1 21 PRINTERS Description Epson DFX-8000 Dot Matrix IBM Proprinter III(4201003+23f4400) IBM Proprinter III XL(4202003) IBM Laser Printer(4019001-103800) Additional Drawer for IBM Laser Printer 2 MB Memory Upgrade for IBM Laser Printer Parallel Printer Cables(6 foot) Price 2,589.30 4,983.68 1,534.08 255.36 575.36 604.17 Retail 3699.00 7787.00 2397.00 9580.00 399.00 899.00 943.95 Businessland Inc. 1600 S.W. Fourth Avenue Ponlan& OR 97201 (503) 227-2367 Page 3 PROPOSAL FOR THE CITY OF WOODBURN H. APPLICATION SOFTWARE 12 3 4 7 5 12 2 1 Description WordPerfect Node Version 5.1 WordPerfect SoftWare Version 5.1 WordPerfect Office Version 3.0(5 Pack) WordPerfect Office Version 3.0 Microsoft Works 2.0 Microsoft Works 2.0 node ext. Netware Anywhere LanSpool total price for connectivity solution I approve this quotation and acknowledge that the conditions of Businessland's standard invoice will Price Retail 1723.32 1900.00 459.75 1485.00 1,386.00 1980.00 730.10 1043.00 585.00 745.00 924.00 1170.00 576.70 790.00 290.01 395.00 terms and apply to this transaction Signature: Date TERMS AND CONDITIONS WARRANTIES. Seller warrants that products sold hereunder (the "Products") are free and dear of all liens or encumbrances. Unless otherwise stated on the face hereof, Seller warrants that all manufacturer's warranties applicable to the Products are in full force at the time of sale to Buyer, and that such warranty periods and terms shall be as provided by manufacturer for new equipment. 30 DAY GUARANTEE. If, for any reason other than pricing, Buyer is not satisfied with a hardware Product purchased hereunder which is a Standard Businessland Product (a Product which is normally stocked, serviced, and supported by Businessland, identified by a stocking level 1 through 3 and a support code A or B on the current Businessland Retail Price List), that Product may be returned within thirty (30) days from the date of purchase to the Businessland location from which it was ordered, provided it is in the original configuration as delivered and has not been altered, modified or damaged by Buyer. (Unless Buyer elected to receive the Product without its original packaging, any Product returned to Businessland without its original packaging will be assessed a 15% restocking fee.) The foregoing is Buyer's exclusive remedy in connection with this guarantee. Buyer acknowledges that software and supplies, including but not limited to paper, ribbons, printwheels, removable disks, diskettes and tapes, shall not be eligible for the foregoing r~turn privileges. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SELLER MAKES NO WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS OR REPLACEMENT PARTS SUPPLIED HEREUNDER. SELLER EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ON THE PRODUCTS OR REPLACEMENT PARTS. ASSUMPTION OF RISK. Buyer recognizes that the use of computer products involves a substantial risk of loss of stored data and that industry standards dictate Buyer's systematic use, in conjunction with any central processing unit, of products which provide comprehensive backup of data so as to prevent such loss. In addition to the other risks assumed by Buyer hereunder, BUYER ASSUMES ALL RISK OF LOSS OF DATA FROM ANY AND ALL CAUSES OR IN ANY WAY RELATED TO OR RESULTING FROM THE SALE OR SERVICE OF PRODUCTS BY BUSINESSLAND, AND BUYER HEREBY RELEASES BUSINESSLAND FROM LIABILITY FOR ANY LOSS OF BUYER'S DATA. LIMITATION OF LIABILITY. SELLER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION IN CONTRACT OR TORT(INCLUDING NEGLIGENCE AND STRICT LIABILITY), SUCH AS, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFI2~ OR BENEFITS RESULTING FROM THE USE OF A PRODUCT OR ANY BREACH OF THIS AGREEMENT, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SELLER'S I.IABILITY EXCEED THE PRICE PAID FOR THE PRODUCT OR SERVICE. Title to and risk of loss of the Products are transferred to Buyer upon Seller's delivery of the Products to the carrier, unless the Products are sold F.O.B Destination of Seller is to install the Products, in which case title and risk of loss pass to Buyer upon tender of the Products to Buyer at the delivery of installation site. Seller retains a security interest i.n the Products, including all accessories to and replacements of the Products, to secure performance of all Buyer's obligations under this Agreement. If payment is not received within thirty (30) days of the date shown on the front hereof, Buyer will promptly pay to Seller a finance charge equal to the lesser of one and one-half (1.5%) percent of the outstanding balance for each month during which payment was due and not received, or the highest rate allowed by applicable law. Buyer warrants that Products are being purchased for its own use and not for resale. All replacements parts provided by Seller in connection with its repair or service of a Product pursuant to this Agreement shall be new or reconditioned to manufacturer's specifications. Such replacement parts shall be warranted by Seller to comply with manufacturer's specifications. Such replacement parts shall be warranted by Seller to comply with manufacturer's specifications for a period of thirty (30) days from the date of service. In the event Seller commences an action seeking enforcement of the terms and conditions of this Agreement, it shall be awarded, in addition to damage, conjunctive, or other relief, its reasonable costs and expenses, including attorney fees. This agreement shall be governed by the laws of the State of California, excluding the choice of law or conflicts principles which might otherwise refer to the substantive laws of another jurisdiction. The entire understanding between the parties is incorporated in the Agreement, and it supersedes and merges all prior discussions and agreements between the parties relating to the subject matter hereof. This Agreement can be modified only by a written amendment duly signed by persons authorized to sign agreements on behalf of each party, and it shall not be supplemented or modified by any course of dealing or trade usage.