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Res 1164 - Agmt Quality Govnt S COUNCIL BILL NO. 1454 RESOLUTION NO. 1164 A RESOLUTION ENTERING INTO AN AGREEMENT FOR PROFESSIONAL SERVICES WITH QUALITY GOVERNMENT SERVICE ASSOCIATES. WHEREAS, ORS 223,297 through 223,314 requires local governments to provide a uniform framework for the imposition of system development charges; and WHEREAS, the City of Woodburn needs to perform additional methodology work to support uniform framework for imposition of system development charges on new development for transportation and storm water; and WHEREAS, the Transportation Task Force is reviewing all possible funding sources, including uniformly imposed system development charges to resolve some of the anticipated problems; and WHEREAS, the consulting firm Quality Government Service Associates has demonstrated the capability and capacity to perform such services with the City's requirements; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1, That the Mayor and City Recorder are hereby authorized to execute a professional services agreement with Quality Government Services Associates, a copy of which is attached for reference, Appw'" ,'" fOC~U(Y\"- ~G 2 'f i q 5 City Attorney Date APPROVED':~ k~ Len Kelley, Mayor Submitted to the Mayor March 8, 1993 March 9, 1993 Passed by the Council Approved by the Mayor March 9. 1993 Filed in the Office of the Recorder March 9, 1993 ATTEST: /-. 7~ --;-:- ~ / ~J Mary ~t, City Recorder City of Woodburn, Oregon Page l' COUNCIL SILL NO. 1454 RESOLUTION NO, 1164 QUALGOVT ~,_,_,_,.,,~,_~."."_."".__'1___""""'-'---"--- - PERSONAL SERVICES CONTRACT This Agreement is made and entered into by and between THE CIlY OF WOODBURN, OREGON, hereinafter referred to as "City" and QUALIlY GOVERNMENT SERVICE ASSOCIATES, hereinafter referred to as "Consultant". WITNESSETH: IT IS HEREBY AGREED by and between the parties to this Agreement: 1. Effective Date: The effective date for this Agreement shall be the date it is approved by the City Council. 2. Consultant's Services, Consultant agrees to provide the services described in the Consultant's Work Plan, a copy of which is attached hereto, labeled Exhibit "A" and incorporated herein by this reference. 3, Consideration. City shall pay Consultant on an hourly basis at $65,00 per hour, in an amount not to exceed $8,775,00, for all services identified in Exhibit "A". This fee includes all expenses. Additional services, if any, shall be paid on an hourly basis at $65.00 per hour. Payments shall be made monthly, based on hours billed for the previous month's work. 4, Independent Contractor, Consultant is engaged hereby as an independent contractor, and will be so deemed for purposes of the following: A. Consultant will be solely responsible for payment of any Federal or State taxes required as a result of this Agreement. B. The Consultant is an independent contractor for purposes of the Oregon workers' compensation law (ORS Chapter 656) and is solely liable for any workers' compensation coverage under this Agreement. 5. Nonassignment, Consultant shall not assign, subcontract or delegate the responsibility for providing service hereunder to any other person, firm or corporation without the express written permission of the City. 6. Insurance, Consultant shall maintain general liability insurance in conjunction with all services performed under this Agreement, in not less than $500,000.00 combined single limit. Consultant shall notify City immediately upon notification of Consultant that the insurance coverage required by this paragraph will be cancelled or modified in any way, 7. Nonwaiver, The failure of the City to enforce any provision of this Agreement shall not constitute a waiver by the City of that or any other provision of the Agreement, 8, Termination, This Agreement may be terminated by City or Consultant upon thirty (30) days written notice to the other party. In the event Consultant fails to perform the work in a manner satisfactory to City, this Agreement may be terminated and all costs incurred and fees earned by Consultant prior to that termination date shall be paid by City, 9, Severability, If any provision of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holdings shall not affect the validity of the remaining portions hereof. 10. Entire Agreement. This Agreement (including the Consultant's Work Plan) constitutes the entire agreement between the parties. No waiver, consent modification or change of terms of this agreement shall bind either party unless in writing and signed by both parties, Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this agreement. THE CONSULTANT, BY SIGNATURE BELOW, HEREBY AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. DATED this 9th day of March ,1993. By: Quality Government Service Associates )'A f .-/" / i~ _ /7^- /J/(/" ~ on Ganerv Senior Associate CITY OF WOODBURN By: (~ I(.d~tt LE KELLEY, MAYOR CONSULTANT Name: Title: Date: 02 /0; /1 ? 7 / EXHIBIT A WORK PLAN TASK DESCRIPTION 1.0 Project Initiation/Policy Issues 1.1 The Consultant will brief City of Woodburn (City) staff on the scope of the project; identify needs and plans requirements; and obtain copies of plans, budgets and relevant and available data. 1.2 The Consultant will meet with City staff to identify and discuss any policy issues and alternative ways to resolve them. 1.3 The Consultant will meet with City of Woodburn City Council (if necessary) to discuss any identified policy issues deemed to require City Council action, 2.0 Identify Service Levels /Develop Methodology 2.1 The City will define the types of roads, transportation, and stormwater drainage facilities proposed to be financed using SDC revenues, 2,2 The City will provide an inventory of existing roads, transportation, and stormwater drainage facilities, 2,3 The Consultant will assist the City in establishing planned level of service standards for those facilities identified in Task 2.1, based on local acceptability and financial feasibility, 2.4 The Consultant will develop an SDC methodology consistent with the requirements of Oregon Law and additional items as identified by County. 2.5 The Consultant will determine Transportation SDC base rates, credits, exemptions and exceptions, and administrative charges based on formulae and methodology from Task 2.4, . ...., 3,0 Create/Update Capital Improvement Program 3.1 The City will forecast revenues available to pay for new facilities, including preliminary estimates of SDC revenues based on completion of Task 2.5, 3.2 Using projects identified by City staff, the Consultant will assist the City in updating/ creating a Capital Improvement Program which meets the requirements of ORS 223.297 - 223,314.. 4,0 Review / Adoption 4,1 The Consultant will meet with interested local builders/ citizen groups (one meeting) to discuss the methodology and proposed SDC rates. 4,2 The Consultant will present the Transportation and Stormwater Drainage SDC Study to City of Woodburn City Council for review, public input and adoption (two meetings). ~- " ._".....---,..---------.,._-_.~..~---~---'-'----