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.
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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
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All'ACHMENT A
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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.
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M'rACHMENT A
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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
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J ice of the Peace . U ~ () ~
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Chief of Police
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City Attorney
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'--'. 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.
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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
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Marion County s~
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Jus e of the Peace
Files\Mall 99\Attachment to MOU
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