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Res 1459 - Agmt W Wendowski Lnd COUNCIL BILL NO. 1858 RESOLUTION NO. 1459 A RESOLUTION ENTERING INTO A PERSONAL SERVICES AGREEMENT WITH WALTER J. WENDOLOWSKI TO PROVIDE LAND USE PLANNING SERVICES ON A TEMPORARY HOURLY BASIS AND AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENT. WHEREAS, development activity within the city has created an increased demand for land use planning services; and WHEREAS, the City has a legal obligation to completely process land use applications within 120 days after they are deemed complete, and WHEREAS, the City Council and Budget Committee recognize this concern and routinely budget for limited temporary land use planning services during each fiscal year including FY 1997-908; and WHEREAS, Walter 1. Wendolowski appears qualified and available to perform these services on an hourly basis; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City enter into a personal services agreement with Walter J. Wendolowski to provide temporary land use planning services on an hourly basis. Section 2. That the Mayor is authorized to execute, on behalf of the City, said personal services agreement, a copy of which is affixed hereto as Attachment "iV' and by this reference is incorporated herein. . A /J / "\ APprovedastoformm.~(~ 1- 1'-1~ City Attorney Date APPROVED:~~~ /' Nancy A. Kirks , M~r January 12, 1998 Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST:~ I~ Mary T ant, CIty Recorder City of Woodburn, Oregon January 13, 1998 January 13, 1998 January 13, 1998 Page I - COUNCIL BILL NO. 1858 RESOLUTIONNO 1459 r '-T-"-'''~'---;-'-_."'''---'-'''-''----'-'-- ATTACHMENT A- Page ----L- of f PERSONAL SERVICES AGREEMENT This Agreement is made and entered into by and between the City of Woodburn, Oregon, hereinafter referred to as "City", and Walter J. Wendolowski, AICP dba Community Planning Services, hereinafter referred to as "Contractor". THE PARTIES HEREBY AGREE AS FOLLOWS: A Contractor Responsibilities 1. Contractor shall provide land use planning services to City in processing land use actions and other related activities which may be requested by City. 2. Contractor shall provide itemized monthly billing statements to City which explain and account for time worked in hourly increments. B. City Responsibilities 1. City agrees to pay for land use planning services under paragraph AI., at a rate of $30,00 per hour for a maximum of 67 hours and in a total not to exceed Two Thousand Ten Dollars ($2,010). 2. City shall review, process and pay Contractor's monthly invoices within 30 days of receipt. 3. City designates its Community Development Director as contact person through which all requests for services will come and with whom the activities of Contractor will be coordinated. C. Independent Contractor Contractor, in carrying out the services to be provided under this Agreement, is acting as an "independent contractor" and not an employee of the 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 shall 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 of this agreement. D. Indemnification Contractor shall save harmless, indemnity and defend City for any and all claims, damages, losses and expenses including but not limited to reasonable attorney's fees Page 1 - Personal Services Agreement -y-' . ~"'''-'.'_.''--' . ATTAC~ENT -1 Page of 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 shall 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 of ORS 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 perform the services based in part upon information furnished by City and that Contractor shall 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 professional standards and requirements. G. Ownership of Documents 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 another individual, firm or entity without the express written approval by City. L 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 American Disabilities Act of 1990, ORS 659.425, and all regulations and administrative rules pursuant to those laws. Page 2 - Personal Services Agreement I -~--_.._.- I ~ 1. Compliance with Public Contractine Laws ATTACHMENT -LL- Page -i- of +- Contractor shall comply with all applicable federal, state and local laws, rules, and regulations regarding public contracting. AU provisions of ORS Chapter 279 are specifically incorporated herein to the extent applicable to personal service agreements. K Severability In the event any portion 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 Either party shall, without cause, have the right to terminate this Agreement by giving the other party 30 days written notice. If City terminates this Agreement pursuant to this paragraph, it shall pay Contractor for services rendered to the date of termination. N. Notice 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 terms of this Agreement shall bind either party unless in writing and signed by both parties. Page 3 - Personal Services Agreement T""""'--"_.'-"'--- . ".,....................,~"t'-~_.""'...._ CITY OF WOODBURN Nancy A Kirksey, Mayor Date: Page 4 - Personal Services Agreement . r--..'..'-..-...-'---y---- , - ATTACHMENT ~ page.!t- of -:::r::::::.. ,- endolowski, AICP unity Planning Services Date: / ,).-30 .. '(7 ~