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Res 1547 - Mar Cty Lse Mall 99 COUNCIL BILL NO. 1986 RESOLUTION NO. 1547 A RESOLUTION ENTERING INTO A MEMORANDUM OF UNDERSTANDING WITH MARION COUNTY FOR THE USE OF LEASED SPACE AT MALL 99 SHOPPING CENTER AND AUTHORIZING THE MAYOR TO SIGN SAID MEMORANDUM. WHEREAS, the City of Woodburn and Marion County are authorized to enter into an intergovernmental agreement pursuant to ORS 190.003 - 190 .11 O~ and WHEREAS, the City, through its Police Department and the County, through its Sheriff's Office and the North Marion Justice Court, have joined forces and agreed to lease office space at Mall 99 Shopping Center, 986 N. Pacific Highway, Woodburn, Oregon; and WHEREAS, the City and the County want to economically and efficiently use the leased space and enter into a Memorandum of Understanding to facilitate its use; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into a Memorandum of Understanding with Marion County regarding the Mall 99 Shopping Center lease. A copy of said Memorandum is affixed hereto as Attachment" A" and, by this reference, incorporated herein. Section 2. That the Mayor is authorized to sign said Memorandum of Understanding on behalf of the City. ::OJ ~,.J'L:) Q -1&J-'1~ Approved as to fonn: . . I <l/'Y' 0..1 City Attorney Date Approved:~ Ric ard Jennings, yor AU9ust 23. 1999 August 24, 1999 Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder fl~J Mary T ant City Recorder City of Woodburn, Oregon AU9ust 24. 1999 August 24, 1999 ATTEST: Page 1 - COUNCIL BILL NO. 1986 RESOLUTION NO. 1547 'W 08/19/99 16: 03 '0"503 3i3 436i M C LEGAL I4J 002/00i ~'_.> .........' All'ACHMENT A fllgO....1- of fo MEMORANDUM OF UNDERSTANDING MARION COUNTY AND CITY OF WOODBURN MALL 99 SHOPPING CENTER LEASE This memorandum of understanding is entered into between Marion County, Oregon, a political subdivision and body politic of the State of Oregon, hereinafter referred to as "Countyt>, and the City of Woodburn, Oregon, a municipal corporation, hereinafter referred to as "City". WHEREAS, the City and the County are authorized to entered into this agreement pursuant to ORS 190.003 to 190.110; and WHEREAS, the City, by and through its Police Department, and the County, by and through its Sherifr s Office and North Marion Justice Court, have joined forces and agreed to lease office space at the Mall 99 Shopping Center, 986 North Highway 99, Woodburn, Oregon; and WHEREAS, the City and the County desire to economically and efficiently use the leased space by jointly using as much of the space as possible; NOW, TIIEREFORE, the parties agree to the following terms and conditions: 1. The two law enforcement agencies will each lease approximately 2,861 square feet, and the Justice Court will lease approximately I, 845 square feet, including equal interests in the common space. 2. The agencies occupying the leased space will share common facilities, such as locker rooms, copy and filing centers, briefing rooms, and break rooms, to the maximum extent consistent with good order and respect for the operational needs of each agency. The initial layout for the leased space is attached hereto as Exhibit A. 3. The agencies will apportion expenses for the facilities, including rent and maintenance charges and expenses, equitably based occupancy and use of the total space. 4. The agencies will share use of such equipment as they shall designate and share the cost as they shall determine. It is intended that each agency shall be responsible for the expenses of its own operations. 5, The use of the leased space, common facilities, and shared equipment will change from time to time. Therefore, the parties delegate to the Marion County Sheriff, the Woodburn Chief of Police and the Justice of the Peace authority to agree in writing on items 2,3, and 4 above. Said agreements will be attached to this memorandum of understanding and become a part thereof. '--y-'~'-~'._-'-"' 08/19/99 16:03 'a503 3i3 436i M C LEGAL I4l 003/007__ -, "-'. M'rACHMENT A ~g~~ of (p 6. The parties intend to enter into their respective leases for a term offive years. Under terms specified in their leases, each party may terminate its lease. Each party pledges to the other that it will make a good faith, reasonable effort to continue its lease( s) for the full term. If either party determines that it will terminate its lease(s), that party shall give the other party as much advance notice of its decision as possible. Both parties will work together in an effort to find a mutually satisfactory means for continuation of the leases. 7. The parties intend the leases to be renewable for an additional five year term. Each party pledges to the other that it will consult with the other in a timely manner and seek a mutual agreement to extend the leases. 8. Each party shall notify the other party immediately if it receives a notice from the landlord of an alleged breach of the lease agreements or of any another notice provided for under the leases. All notices will be to the Woodburn Chief of Police, Marion County Sheriff, and Justice of the Peace. 9. Each party shall be solely liable and shall defend, indemnify and hold harmless the other party, its officers, employees and agents for third party claims arising from the actions or omissions of each's officers, employees and agents, and for worker's compensation claims of its employees, regardless of which party is exercising supervision and control. 10. Nothing in this memorandum of understanding shall be deemed to limit the right of either party to make a claim against the other for damages and injuries incurred by one party as a result of the actions or omissions of the other party's officers, employees and agents. DATED this day of ,1999. CITY OF WOODBURN MARION COUNTY BOARD OF COMMISSIONERS by title AGREED: 1(cuJJ)_ Marion County Sheriff ~.u)) ~~Z~ J ice of the Peace . U ~ () ~ ,. Chief of Police _.,_"".~..._,_.,*,~_.__._..."..._.__._._"_____o._,.,,...."_~__~.____ 08/19/99 16: 04 '0'503 373 4367 APPROVED AS TO FORM: City Attorney mal199.moudraft.OO3 I ",-../ 1\1 C LEGAL ATrACI:lMENT ..:4 P8ge~ of .., c~~Wr- l4J 004 1.9.QI-, "--.,~ 08/19/99 16:04 '0'503 373 4367 M C LEGAL I4J 005/007 qR-el5-1999 11 : 1219 . p!-"/ROM' MOl SAN IY~J-L- (~;~_/I I ::1t>,,' '~,. .. 51213 245 771121 P.12I2/ -:=i'.N5:~ ~~ (..." -r. .~&.C). '2./IB/c:or9 ATTAC~ENT ~ Page of_ ~~ GA:; I Co p f).s D.~ ~ j:JL~ 50-50 7 m tiv' '-. \ r~- .~ · "'" r!.1 ~ I: J ,.' · . t - II '" : !: =. · J I:, I u..~ r---~-' , . I J . I Jr I I I 1..___~_-' C::.l L' 1 I; . ~__ _ I: _cur - b ::: ....'".~ =:1 &sa... a::laaa:.===:I :#-=--~ ~ \~I '=: I' i .-r._.I.~.,- ....~~~ ~jl ~ . .........-1-..... ....( I ;.~~ 77 ..~~~~ II i . Jj II' I~e-l . LJ 7 'j.: ..."""".., '\ ".1 c-' C:-I . ~ , / I J~ rr ~~~,~~~~, . Ii L I "., ~ "l-:'" r.=d.~;;}: n4u ~ W ~~ ~' ., '" Ie.. ---- ~..,.. __ . il I --:""" I f;I:: ... ~ ,=. . ".~ 1 ~f,,' '?"./.,. _ ~ . <., L .., /" ~ 7 /~ ~~I/' "--"" k vl::0 ~ .!.~i D\~~;:Mi&~ ;,',';;c-4/i N ~ lr~ ,,~r J .:--\~ - ... ~ - Sl-IA D AFiEA r J,:l.I:::...../.", / / /.. / ,/ 'j,/ .."" lr / ~"}" /~.'JT '/ v~/ / ~ '-.. .,:17/// / /~7//,,4,./ /'/.. ~'Y/ / / /' / ~L4(~// I ~ ~~-~."= . ~>C: )i(*X' I ~"0:z%~- - ~ " -- ,/ / /;;t~ "C;.I (. / ~/~ ~.L.... ",~ l~ ~ .....1:: .1./ / / ~ Y~Yi~': .'. ~;,. ~ ~.;.. ~ ~ I I' ,77 -. ~" ;, ,/ d!!'t r, :'ifJl5J, )( ''ll,}(I!X,,, X , ,x.x;!,~ ," ~ ~- " .' LI JY-'.. ,/ ~ / ~ l()I X % )( X X X X " ~~ '~- '/ / ~~ A~f XII')~X~A - ._~~t ?, c:., .I. ~ .....';..~- j! )< K ~ X :x:x ~ )( ~~tic ~ . ri-!::ls:' X ~ Ilt'ly 'If'" X ~I)('i ,;~~, ,:~ ,'. ~X... K . X')( l( X )<:j,;i( '1 .' '" ~ -.; l!! X.. ~IV A.!.A.x;. X ]A :I; 'j ..... r 1'9! -. ... I!II!! . i?'>t. /"" =?lr )I ~;:~ ~ ~ -", \ . c:.l ~ )E.I~ )( X ~ ~ ) ~: .cou~r ~A ~.;, :t"~5<~~ ~~', ~~..~ ~I ,c:::.7Jf.=~ . ~ J. , tv t::I~ / I / / / I] ~ ~ )~q5SF ~u.l2 X JLcJ "-,.,."_..-.--"-_<'_.,....._..,~~.,.,_~.~'___.,....._'~~-..._l---_.,~'~~.......""'..<<________. 1 T 08/19/99 16:05 '5'503 373 4367 M C LEGAL I4J 006/007 -----.- .-...- . .~~._-- ''--'"'' '--'. ATTACHMENT A Page.-:i- of & Attachment to Memorandum of Understanding Marion County and City of Woodburn MaD 99 Shopping Center Lease July 21, 1999 This attachment is to be made part of the memo of understanding entered into between Marion County, the City of Woodburn, and North Marion Justice Court. 1. CopylFAX Machine - The combination copy and FAX machine shall be leased by Marion County. The copylFAX machine will ~ow for each user agency to enter a billing code number. North Marion Justice Court will !bill each agency on the number/percent of copies made, on a monthly basis. 2. Phone System - Marion County will provi~e and maintain the phone system. Marion County will bill user agencies monthly, on a per phQne/percentage basis. North Marion Justice Court will provide and maintain its own telephoqe system. 3. RAIN Computer System - Each agencywUI provide and maintain their own computer RAIN terminals. 4. Utilities - Utilities will be paid by user agencies based on a per square foot leased percentage. City of Wood bum will bill agencies on a monthly basis. 5. Janitorial Services - Involved agencies will hire a private janitorial service to provide janitorial service on Mondays, WednesdaY$) and Fridays. The janitorial service will bill each agency individually, based on per square foot leased by each agency. Janitorial service will provide the following services on Monday, Wednesday and Friday: Empty trash and garbage cans Clean restrooms) locker rooms, and showers Vacuum all floors Mop hard surface floors Clean sinks and counter tops, and tables Dust tables, counter tops, and tables Replace burnt out light bulbs Janitorial services will provide the following bi-monthly services: Clean windows inside and outside. 6. Office Supplies - Each agency will be responsible for providing their own office supplies. T 08/19/99 16: 05 'U503 373 4367 M C LEGAL I4J 007/007 '~ ATTAC~MENT -~ Page of~ 7. Alarm System - Marion County will provide and maintain alann system. 8. Secured Parking - The primary use of the secured parking area will be for marked police vehicles and North Marion County Justice Court Judge. Marion County and City of W oodbum will equally share the number of spaces available. The number of parking spaces needed for marked police vehicles will be identified and marked. One space will be identified and marked for Justice Court Judge. Any other available secured parking spaces will be available for employee's privately owned vehicles on a first come, first service basis. 9. Public/Office Receptionist - As practical, Marion County and City of Woodburn has agreed the front reception desk should be open to the public Monday through Friday from 8:00 a.m. to 5:00 p.m., excluding holidays. Each agency will provide their own receptionist. Each agency agrees in an emergency or other situations such as employee illness, the front desk may be closed to the public. In such cases, a sign on the front door of the building will direct citizens to the nearest public phone for 911 calls. 10. Shared Space Furniture - Each agency will be responsible for tagging their respective furniture with an ill tag. Each agency will be responsible for maintaining their own furniture used in the sub-station. AGREED: Chief of Police 1?auJL ~ r- Marion County s~ ~-'h~~~A1,~ Jus e of the Peace Files\Mall 99\Attachment to MOU T "._-,,~,,-_._.