No preview available
Ord 2220 - Admin Surcharge Appl COUNCIL BILL NO. 1906 ORDINANCE NO. 22 2 0 AN ORDINANCE AUTHORIZING AN ADMINISTRATIVE SURCHARGE FOR CERTAIN LAND USE APPLICATIONS; PROVIDING FOR THE APPOINTMENT OF CONTRACt PLANNERS TO PROCESS SAID APPLICATIONS; AUTHORIZING THE CITY ADMINISTRATOR TO ENTER INTO THE NECESSARY AGREEMENTS FOR THE IMPLEMENTATION OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. WHEREAS, the city bas recently received a volume of development applications which have exceeded its ability to properly review and process them within a reasonable time; and WHEREAS, some development applications are legally subject to the "120-Day Rule" and must be processed first, even if they are filed later than other applications; and WHEREAS, the city has limited full-time planning staff and resources for the review of development applications; and WHEREAS, certain applicants are willing to pay an additional expense in order to totally offset the city's costs in securing contract planners to process their applications in a more timely manner; and WHEREAS, the city is willing to engage said contract planners to assist the city in the review of certain development applications on the terms and conditions as referenced herein; and WHEREAS, certain form agreements have been drafted in order to implement this development application surcharge; and WHEREAS, the City Council is willing to delegate the authority to execute said agreements to the City Administrator; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. That the City Council authorizes the imposition of an administrative surcharge on certain development applications where the imposition of said surcharge is agreed to by applicant and authorized by the City Administrator. Section 1. That the administrative surcharge shall be equal to the amount of the costs paid by the city to obtain the contract planner. Page 1 - Council Bill No. 19 06 Ordiriance No. 2220 .... ... SectioD 3. That the form of agreement which is affixed as Attachment "A" sha11 be used by the City Administrator to implement the terms of this ordinance with the applicant for development. SectioD 4. That the form of agreement which is affixed as Attachment "8" sha11 be used to implement the terms of this ordinance with the contract planner. SectiOD 5. That the Community Development Director shall establish a list of qualified contract planners. SectioD 6. That the City Administrator is delegated the authority to approve and execute said agreements pursuant to the terms of this ordinance. SectiOD. 7. This ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist and this ordinance sha11 take effect immediately upon passl!ge by the CoU~ova1 by the Mayor. Approved as to form7)l ~ {; -{ g -1 Z City Attorney Date 'h -;6 ~ / ~-. APPROVED: ~~ ~~- / Nancy A Kir , Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: j11a~-sd_ Mary T City Recorder City of Woodburn, Oregon June 22, 1998 June 23, 1998 June 23, 1998 June 23, 1998 Page 2 - Council Bill No. 19 0 6 Ordinance No. 222 0 ~ .. __.,..~.~,_ H --,~.._,..--,.._,.,..,~, ....," ,.. ",_,,_-'-'._~,.._- ATTACHMENT --A-- Page -L- of :~ AGREEMENT TO SURCHARGE LAND USE APPLICATION This is an agreement by and between the CITY OF WOODBURN, a municipal corporation of the State of Oregon, hereinafter called the CITY, and , hereinafter called the APPLICANT. WHEREAS the APPLICANT currently has on file a quasi-judicial land use application(s) identified as WHEREAS the CITY currently has limited staff and resources with which to review the above referenced applications, thereby it is anticipated that it will be some time before the application can be reviewed and processed through the land use system in CITY; and WHEREAS the APPLICANT desires to have its applications considered in a more timely manner than the CITY is currently able to do, and is willing to impose a voluntary surcharge onto its application fee in order to reimburse the CITY for expenses incurred in contracting with an independent planner to perform certain planning review functions for the CITY; and WHEREAS the CITY is willing to engage independent contract planners to assist the CITY is a more timely review of the APPLICANTs land use proposal on the terms and conditions set forth herein; now *** WITNESSETH *** FOR AND IN CONSIDERATION OF, the mutual covenants contained herein the parties do hereby agree as follows: 1. The above referenced land use application shall be referred to an independent contract planner mutually agreeable to both parties for review and processing. The contract planner selected by the parties for this agreement is: 2. Said independent contract planner shall be employed by the CITY and shall at all times be an agent and representative of the CITY for purposes of application review, and all work product therefrom sha1l be considered staff work, just as if the contract planner were a full time permanent employee of the CITY planning department. 3. The APPLICANT shaI1 be entitled to rely on statements and representations and opinions of the contract planner to the same degree and extent as if the contract planner were a CITY employee. The APPLICANT shall have the right to contact the contract planner and review files and records of the contract planner which are relevant to the applications Page I - Application Surcharge Agreement ATTACHMENT A Page....d...., of 3 in the same manner, and to the same extent as if the contract planner were an employee of the CITY. 4. The contract planner shall not have any contractual or financial arrangements directly with the APPUCANT as to the subject matter contained in the above referenced land use applications. 5. The APPUCANT shall be responsible for reimbursement to the CITY for the charges incurred by the CITY in its agreement with the contract planner, to and including time charges and any reasonable expenses that might be incurred in performing the appropriate review function. For purposes of this agreement, it is hereby agreed that the contract rate for the independent planner shall be per hour, billed in tenths of an hour. 6. The APPUCANT shall pay to the CITY an initial deposit in the amount of $ receipt of which is acknowledged by the execution of this agreement. Said deposit shall be held by the CITY and applied against any future charges that might be incurred by the CITY in its contract with the independent planner. At the conclusion of the work performed by the contract planner, ifthere is any money remaining in the deposit, it shall be immediately returned to the APPUCANT. In the event the work performed exceeds the amount in the deposit, an additional sum shall be deposited by the APPUCANT in an amount mutually agreed to, which will be intended to approximate the total of any future charges necessary to conclude the review. 7. The CITY should periodically account to the APPUCANT the status of charges being incurred by the contract planner, and the balance remaining in the deposit account. 8. The course and scope of work assigned to the planner shall be as follows: 9. Time is of the essence in this agreement, therefore it is hereby agreed that the CITY will require in its contract with the independent planner that the course and scope of work identified in paragraph 8 hereof shall proceed ahead promptly and with all reasonable speed. 10. At such time as the total charges incurred by the contract planner to the CITY for which the APPUCANT shall be responsible for hereunder reaches the sum ofs . the APPUCANT reserves the right to terminate this agreement. Such termination shall be in writing, and shall not relieve the APPUCANT of an obligation to pay such charges as were incurred prior to written notice thereof being received by the CITY. 11. Any dispute arising under this agreement shall be submitted to binding arbitration. Said arbitration shall be conducted by the rules of procedure of the State Court Administrator, Page 2 - Application Surcharge Agreement ,- ..~, <-_....,...._._..->-...,.~.~~--'_. ATTACHMENT --L1- Page ~ of .:>' Marion County. All decisions of the arbitrator shall be final and binding upon the parties without appeal or resort to any other legal action. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in two (2) duplicate originals, either as individuals, or by their officers, thereunto duly authorized. CITY OF WOODBURN APPUCANT By: Nancy A Kirksey, Mayor By: Date: Date: Approved as to Fonn' N. Robert Shields, City Attorney Attorney for Applicant Page 3 - Application Surcharge Agreement ATTACHMENT 8 Page -1- of 4 PERSONAL SERVICES AGREEMENT This AGREEMENT is made and entered into by and between the City of Woodburn, Oregon, hereinafter referred to as "CITY", and , hereinafter referred to as "CONTRACTOR". WHEREAS, hereinafter referred to as the "APPLICANT", currently has on file with CITY quasi-judicial land use applications identified which are in need of staff review; and WHEREAS, CITY currently has limited staff and resources with which to review the above referenced applications, thereby it is anticipated that it will be some time before the application can be reviewed and processed through the land use system in CITY; and WHEREAS, APPLICANT desires to have its applications considered in a more timely manner than the CITY is currently able to do, and is willing to impose a voluntary surcharge onto its application fee in order to reimburse the CITY for expenses incurred in contracting with CONTRACTOR to perform certain planning review functions for the CITY; and WHEREAS, CITY is willing to engage CONTRACTOR and CONTRACTOR is willing to assist the CITY in a more timely review of the APPLICANT's land use proposal on the terms and conditions set forth herein; now, THE PARTmS HEREBY AGREE AS FOLLOWS: A Contnador Responsibilitil!ll 1. CONTRACTOR shaI1 provide land use planning services to CITY to process the quasi-judicial land use applications filed by APPLICANT. 2. The course and scope of work assigned to CONTRACTOR shall be as follows: 3. CONTRACTOR shaI1 provide itemized monthly billing statements to CITY which explain and account for time worked, billed in tenths of an hour. 4. CONTRACTOR understands and agrees that time is of the essence in this AGREEMENT and that CONTRACTOR shall proceed ahead promptly and with all reasonable speed to accomplish the course and scope of work set forth herein. B. Ci(y Responsibilities 1. CITY agrees to pay CONTRACTOR for land use planning services set forth _ herein, at a rate of per hour. Page 1 - Personal Services Agreement ,- ,..~,_..._'. .-~....~.,.. ATTACHMENT ~ Page-L of ~ 2. CITY shaI1 review, process and pay CONTRACTOR's monthly invoices within 30 days of receipt. 3. CITY designates its Community Development Director as the contact person through which all requests. for services will come and with whom the activities of CONTRACTOR will be coordinated. . C. Independent Contraetor CONTRACTOR, in carrying out the services to be provided under this AGREEMENT, is acting as an "independent contractor" and not an employee of CITY, and as such accepts full responsibility for taxes or other obligations associated with payment for services under this AGREEMENT. As an "independent contractor", CONTRACTOR shaI1 not receive any benefits normally accruing to employees of CITY unless required by applicable law. Furthermore, CONTRACTOR may contract with other parties during the duration this AGREEMENT. D. Indemnification CONTRACTOR shall save harmless, indemnify and defend CITY for any and all claims, damages, losses and expenses including but not limited to reasonable attorney's fees arising out of or resulting from CONTRACTOR's performance or failure to perform the obligations under this AGREEMENT to the extent that the same is caused by the negligence or misconduct of CONTRACTOR or its employees or agents. E. Worker's Compensation CONTRACTOR shaI1 comply with ORS Chapter 656 for all employees who work in the State of Oregon. CONTRACTOR shall obtain and maintain at all times during the term of this AGREEMENT, worker's compensation insurance with the statutory limits and employer's liability insurance. CONTRACTOR shall provide CITY with evidence that it is a carrier-insured or self-insured employer in full compliance with the requirements of ORS Chapter 656, or that it employs no persons subject to the requirements ofORS Chapter 656. F. Standard of Care and Warranty CONTRACTOR agrees to perform its services within that standard of care, skill and diligence normally provided by professional individuals in the performance of similar services. It is understood that CONTRACTOR must perfonn the services based in part upon information furnished by CITY and that CONTRACTOR shaI1 be entitled to rely on such information. However, CONTRACTOR is given notice that CITY will be relying on the accuracy, competence and completeness of CONTRACTOR's services and utilizing the results of such services. CONTRACTOR warrants that the recommendations, guidance and performance under this AGREEMENT shall be in accordance with profes.sional standards and requirements. Page 2 - Personal Services Agreement G. Ownenhip ofDocumenu ATTACHMENT 6 Page --2.... of </- All documents or other materials submitted to CITY by CONTRACTOR shall become the sole and exclusive property of CITY. All material prepared by CONTRACTOR under this AGREEMENT may be subject to the requirements of the Oregon Public Records Law. H. Non-Assignment No portion of this AGREEMENT may be assigned to any other individual, firm or entity without the express written approval by CITY. I. Non-Discrimination CONTRACTOR agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules, and regulations. CONTRACTOR shall also comply with the Americans with Disabilities Act of 1990, ORS 659.425, and all regulations and administrative rules established pursuant to those laws. J. Compliance with Public Contracting Laws CONTRACTOR shall comply with all applicable federal, state and local laws, rules, and regulations regarding public contracting. All provisions ofORS Chapter 279 are specifically incorporated herein to the extent applicable to personal service agreements. K. Severability In the event any provision of this AGREEMENT is held to be unenforceable or invalid by any court of competent jurisdiction, the remainder of this AGREEMENT shall remain in full force and effect and shall in no way be affected or invalidated thereby. L. Governing Law This AGREEMENT shall be governed by the laws of the State of Oregon. Any action commenced in connection with this AGREEMENT shall be commenced in the District or Circuit Court of Marion County. All rights and remedies of CITY shall be cumulative and may be exercised successively or concurrently. The foregoing is without limitation or waiver of any other rights or remedies of CITY according to applicable law. M. Termination Without Cause At any time and without cause, CITY shall have the right in its sole discretion, to terminate this AGREEMENT by giving notice to CONTRACTOR_ If CITY terminates the contract pursuant to this paragraph, it shall pay CONTRACTOR for services rendered to the date of termination. Page 3 - Personal Services Agreement Notice ATTACHMENT ;3 Page...::i.- of of N. Any notice of termination or other communication having a material effect on this AGREEMENT shall be served by United States mail on the parties hereto. O. Survival The terms, conditions, representations and warranties contained in this AGREEMENT shall survive the termination or expiration of the AGREEMENT. P. Complete Agreement This AGREEMENT is the complete and exclusive statement of the agreement between the parties and supersedes all prior agreements, oral or written, and all other communications between the parties relating to the subject matter of this AGREEMENT. No waiver, consent, modification, or change in the tenns of this AGREEMENT shall bind either party unless in writing and signed by both parties. CITY OF WOODBURN CONTRACTOR Nancy A Kirksey, Mayor Date: Date: Page 4 - Personal Services Agreement ,--.--. .'--'-"1"--