HomeMy WebLinkAboutCAP041422
CITY OF CENTRAL
POINT
Oregon
City Council Meeting Agenda
Thursday, April 14, 2022
Mayor
Hank Williams
Ward I
Neil Olsen
Ward II
Kelley Johnson
Ward III
Melody Thueson
Ward IV
Taneea Browning
At Large
Rob Hernandez
At Large
Michael Parsons
At Large
Michael Parsons
Next Res(1701) Ord (2086)
I. REGULAR MEETING CALLED TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. SPECIAL PRESENTATIONS
1. Employee Award Presentation
V. PUBLIC COMMENTS
Public comment is for non-agenda items. If you are here to make comments on a specific agenda item, you must speak at
that time. Please limit your remarks to 3 minutes per individual, 5 minutes per group, with a maximum of 20 minutes per
meeting being allotted for public comments. The council may ask questions but may take no action during the public
comment section of the meeting, except to direct staff to prepare a report or place an item on a future agenda.
Complaints against specific City employees should be resolved through the City’s Personnel Complaint procedure. The
right to address the Council does not exempt the speaker from any potential liability for defamation.
VI. CONSENT AGENDA
A. Approval of March 10, 2022 City Council Minutes
VII. ITEMS REMOVED FROM CONSENT AGENDA
VIII. PUBLIC HEARING
Public comments will be allowed on items under this part of the agenda following a brief staff report presenting the item
and action requested. The presiding officer may limit testimony.
IX. ORDINANCES, AND RESOLUTIONS
A. Resolution No. ________, Accepting the Lowest Responsible Bid from Knife
River Inc. for the Dennis Richardson and War Memorial Project and Authorizing
the City Manager to Execute a Contract (Samitore)
B. Resolution No. ______, Declaring Certain Real Property Located at 123 N. 2nd
Street, Central Point Surplus and Authorizing the Sale of Such Property to Rogue
Valley Council of Governments (Clayton)
C. Resolution No. _______, Approving an Agreement between the City of Central
Point and the Central Point Chamber/Visitor Information Center for Community
Outreach and Engagement Services (Clayton)
X. BUSINESS
A. Planning Commission Report (Holtey)
B. Discussion - Jackson County Road Transfer (Samitore)
XI. MAYOR'S REPORT
XII. CITY MANAGER'S REPORT
XIII. COUNCIL REPORTS
XIV. DEPARTMENT REPORTS
XV. EXECUTIVE SESSION
The City Council will adjourn to executive session under the provisions of ORS 192.660. Under the provisions of the
Oregon Public Meetings Law, the proceedings of an executive session are not for publication or broadcast.
XVI. ADJOURNMENT
Individuals needing special accommodations such as sign language, foreign language interpreters or equipment for the
hearing impaired must request such services at least 72 hours prior to the City Council meeting. To make your request,
please contact the City Recorder at 541-423-1026 (voice), or by e-mail to Deanna.casey@centralpointoregon.gov.
Si necesita traductor en español o servicios de discapacidades (ADA) para asistir a una junta publica de la ciudad por
favor llame con 72 horas de anticipación al 541-664-3321 ext. 201
CITY OF CENTRAL POINT
Oregon
City Council Meeting Minutes
Thursday, March 10, 2022
I. REGULAR MEETING CALLED TO ORDER
The meeting was called to order at 7:00 PM by Mayor Hank Williams
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
Attendee Name Title Status Arrived
Hank Williams Mayor Present
Neil Olsen Ward I Present
Kelley Johnson Ward II Present
Melody Thueson Ward III Present
Taneea Browning Ward IV Present
Rob Hernandez At Large Present
Michael Parsons At Large Present
Staff members present: City Manager Chris Clayton; City Attorney Sydnee Dreyer;
Police Chief Kris Allison; Police Lt Brian Day; Parks and Public Works Director Matt
Samitore; Planning Director Stephanie Holtey; and City Recorder Deanna Casey.
IV. PUBLIC COMMENTS - None
V. CONSENT AGENDA
RESULT: APPROVED [UNANIMOUS]
MOVER: Michael Parsons, At Large
SECONDER: Kelley Johnson, Ward II
AYES: Williams, Olsen, Johnson, Thueson, Browning, Hernandez, Parsons
A. Approval of February 17, 2022 City Council Minutes
B. Planning Commission Member Appointment
VI. ITEMS REMOVED FROM CONSENT AGENDA
VII. PUBLIC HEARING
A. First Reading and Public Hearing - An Ordinance Adding Central Point
Municipal Code Chapter 5.44 Mobile Food Businesses And Amending Various
Sections In Title 17 To Be Consistent With The Mobile Food Business Location
And Application Requirements
Planning Director Stephanie Holtey explained that after legal review it was
decided to make some changes to the Mobile Food Business Ordinance and
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return to the Planning Commission for further discussion. This item will return to
City Council at a later date.
RESULT: WITHDRAWN
VIII. ORDINANCES, AND RESOLUTIONS
A. Resolution No. ________, Accepting the lowest responsible bid from Knife
River Materials Inc. for $456,789 for the 2022 Roadway Repairs Projects and
authorizing the City Manager to execute a contract.
Parks and Public Works Director Matt Samitore explained the City conducted a bid
letting procedure for the 2022 Roadway Repairs project. The City received two bids
for the project, with the low bid being from Knife River Materials for $456,789.00.
This project consists of removing existing handicap ramps that do not meet current
ADA requirements, failing curbs and gutters, and failing asphalt. Repair methods
employed will be grinding and inlaying of asphalt, installation of new ADA compliant
ramps, paving, and minor adjustments of structures and obstructions. Work will be
performed at the following locations:
North 2nd and 3rd Streets from Pine Street to Hazel Street
Scenic Avenue from Highway 99 to Dobrot Way
Scenic Avenue in front of the new FD#3 facility
North Haskell Street from Taylor Road to Pine Street. This work will be done after
school is out for the summer.
Rob Hernandez moved to approve Resolution No. 1700, accepting the lowest
responsible bid from Knife River Materials Inc. for $456,789 for the 2022
Roadway Repairs Projects and authorizing the City Manager to execute a
contract.
RESULT: APPROVED [UNANIMOUS]
MOVER: Rob Hernandez, At Large
SECONDER: Taneea Browning, Ward IV
AYES: Williams, Olsen, Johnson, Thueson, Browning, Hernandez,
Parsons
IX. BUSINESS
A. Horn Creek Culvert Discussion
Parks and Public Works Director Matt Samitore explained that the City has been
working on a solution to resolve a private culvert installed in the 1980s at 211 Donna
Way. The Council has been to several meetings to discussion the issue with the
private culvert. The discussion focused on finding the most price-effective way of
dealing with the issue. Since our last meeting, we have worked with Northwest
Hydraulic Consultants to analyze the city’s bypass channel effectiveness for the main
creek. We also had them explore if the surrounding properties would see flooding if
the culvert failed.
The hydraulic analysis does indicate some urbanized flooding would occur upstream
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of the existing culvert if it fails. However, if it fails, the biggest issue is the volume of
water in the stream affecting the neighbors to the north and the loss of land because
no bank protection would be in place.
Staff has given direction to get the necessary environmental permits for the project
and be ready for construction this summer. However, before any money is spent on
construction, another meeting with the City Council will be necessary. Currently all
the surrounding land owners have signed off on the permit except the owners of 211
Donna Way.
When staff returns for final approval the City Council will need to decide who will
ultimately be responsible for the cost of the repair. The owners of 211 Donna Way
installed the culvert without permit from any jurisdiction.
RESULT: FOR DISCUSSION ONLY
B. Elk Creek Culvert Replacement Update
Mr. Samitore stated that following the September 2020 wildfire, the culvert at Elk
Creek near its juncture with Bear damaged. The damage caused the creek to
partially flow under the culvert limiting fish passage and weakening the structural
integrity of the entire structure. The City hired RH2 engineering to prepare a plan to
submit to FEMA for wildfire replacement funds. FEMA approved the initial plan
costing around $180,000. After a review by FEMA Region 10, it was determined
additional hydraulic analysis was needed. RH2 hired Joe Howard of Cascade Creek
Solutions to prepare the analysis, with the following changes.
Realignment of Elk Creek: Mr. Howard recommends the realignment to eliminate
the 90-degree bend immediately upstream of the existing culverts, which is
necessary to prevent scour and possible undercutting/erosion and siltation issues
in and around that area. The realignment is planned to include installing gravel
streambed material (likely procured from onsite) and installing root wads to
improve aquatic habitat and prevent erosion along the banks.
Lowering of the Existing Berm: At some unknown time in the past, the berm
between Elk Creek and Bear Creek was constructed of local river run material.
This berm constricts the Bear Creek floodway, and its removal would lower and
re-open the floodway to more natural conditions and restore this section of the
roadway/walking path that was burned.
Bear Creek Dam Remnants Removal and Boulder Installation: Removal of the
concrete dam remnants will eliminate human-placed objects within Bear Creek.
Bank stabilization and fish habitat will be improved by installing root wads on the
banks and boulders within the steam. As previously mentioned, ODFW will
require boulders to be placed in-stream if this scenario is implemented. The
estimated construction cost item was broken out for this item as the City and the
design team have acknowledged that there is no direct and strong nexus
between Almeda Fire damage and these improvements other than stabilizing
banks that were previously stabilized by vegetation, which was incinerated.
Storm drain fund will pay for it if FEMA doesn't come through for some reason. Their
only concern is to make sure the fish who winter in that area of the creek do not get
washed out with the new design.
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RESULT: FOR DISCUSSION ONLY
C. Regional Water Rights IGA
City Manager Chris Clayton explained that early in 2020, Medford Water
Commission and the Cities of Talent, Ashland, Phoenix, Eagle Point, Central
Point and Jacksonville (Partner Cities) completed a joint water rights strategy
plan related to the water rights between the Partner Cities. The water rights
strategy included a proposed approach to ensure orderly certification of the water
rights at the Duff WTP; it also included a proposed plan for sharing water supply
to meet combined short-term (Phase 1) and long-term (Phase 2) water supply
needs.
Over the past 2 years, Medford Water has met monthly with representatives of
the Partner Cities to develop an IGA to implement Phase 1 of a water sharing
agreement. The Partners have developed a draft IGA that provides for orderly
certification of the water rights at the Duff WTP, and a mechanism by which the
Partner Cities would share water supply under their water rights and Medford
Water would function as the Managing Agency. The IGA provides that the
Partner City water sharing agreement would begin October 1, 2022, but a “dry
run” is planned for May through September 2022. The IGA would renew every 5
years, consistent with the term of existing water supply agreements.
The Water commission has reviewed and given thumbs up to this agreement,
next it will be reviewed by all the jurisdictions and again by the water commission
before final approval.
RESULT: FOR DISCUSSION ONLY
D. Draft Chamber Agreement Discussion
The agreement between the City and Central Point Chamber of Commerce to
operate the City’s Visitors Information Center (VIC) has expired. In developing a
draft agreement for renewal, the issue of relocating the Visitors Information
Center/Chamber of Commerce office to a city-owned facility was discussed.
Ultimately, the Chamber Board decided they would prefer to stay at their existing
Pine Street location until a space inside the future community center becomes
available.
Currently, the City is responsible for the lease payment for the commercial office
space located at 650 Pine Street ($1,388) and monthly payments for VIC operations
($1,866.67). However, before continuing with those financial assumptions in a draft
renewal agreement, the Council needs to provide feedback and direction.
There was discussion regarding the City provide funds to the chamber for the VIC
operations and a portion of the space rental depending the square footage that is
used for the VIC. The Chamber Board should be responsible for negotiating the
lease for the current location. The Chamber Board has stated that they would like to
keep the Chamber and City as separate entities and not move the office to City Hall.
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RESULT: FOR DISCUSSION ONLY
E. March Planning Commission Report
Planning Manager Stephanie Holtey presented the March 1, 2022 Planning
Commission Report:
The Commission heard public testimony regarding amendments to the CPMC to
include regulations for mobile food trucks. Commissioners suggested minor edits
to clarify language. The commission unanimously recommended the City Council
approve the proposed amendments.
Staff reported that progress on the rewrite 2022 project has slowed in light of the
need to understand and begin addressing the transportation planning rule
changes adopted by the Governors Executive Order.
Commissioners discussed the Executive order and generally expressed that we
need to do something to address issues affecting climate change and that the
city is already well positioned to do that under the current rule. The proposed
changes include an aggressive timeline and too much ambiguity and no funding
designated to implement the changes.
RESULT: FOR DISCUSSION ONLY
X. MAYOR'S REPORT
Mayor Williams had nothing new to report.
XI. CITY MANAGER'S REPORT
City Manager Chris Clayton reported that:
He attended the LOC Cities Roundtable meeting today.
He will not be attending the Denim and Diamonds event.
He will be taking a vacation day tomorrow so no weekly update.
He wanted to thank those who attended or helped with Captain Crofts Retirement
Party.
He attended the Firestone ribbon cutting today.
XII. COUNCIL REPORTS
Council Member Kelley Johnson reported that she:
She attended the study session last week.
Wanted to thank City Recorder Deanna Casey for publishing the link and notice in
the newsletter for the free COVID tests, one of her neighbors was afraid to click any
of the links she has seen.
City Manager Chris Clayton did a great job on the article regarding Bruce Dingler.
Council Member Neil Olsen stated that he attended the Planning Commission
meeting.
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Council Member Taneea Browning reported that:
There was a great turn out today for the LOC Round Table meeting. She thanked all
who were able to attend. Councilor Parsons represented Central Point spectacularly.
She attended Captain Dave Croft’s Retirement lunch.
She attended the Water Commission meeting last week.
She attended the School District theater production of Newsies last weekend. They
did a fantastic job and it is great to have the community out and about together
again.
Direct Involvement Recreation Teaching free outdoor afterschool program will begin
at Scenic Middle School at the Skyrman Arboretum this spring.
She is pleased and excited with the participation seen through the state and the
willingness to come together on issues. We are a lot closer on a lot of the issues
then people realize. It may be shocking that the state is more united than divided.
We all face similar challenges to different magnitudes, exploring different
approaches, but we all have citizens suffering from policies made outside of our
control. We are united in our resolution to find better solutions that work for all of
Oregon cities.
Council Member Rob Hernandez reported that:
He attended the Study Session last week.
He attended a great SOREDI meeting where they talked about the growth at the
airport.
Council Member Michael Parsons reported that:
He attended Jackson County Local Public Policy Coordinating Council meeting.
He attended Captain Croft’s retirement celebration.
He attended the LOC roundtable meeting today hosted by Council Member
Browning.
He attended the Firestone Ribbon Cutting.
Council Member Melody Thueson reported that she enjoyed the IT Security training
videos.
XIII. DEPARTMENT REPORTS
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Parks and Public Works Director Matt Samitore reported that a property renter on
Table Rock Road outside of the City limits, has been using city property illegally as
an easement and may have broken the RRID pipe. She claims she has an easement
agreement but cannot produce the document and the city does not have record of an
easement at this location. .
Police Chief Kris Allison reported that:
Captain Dave Crofts retirement celebration had a great turnout.
Tomorrow she and our community works advocate will be getting the new Therapy
Dog Luna.
There will be a lot of movement in the Department with staffing changes and
positions.
City Attorney Sydnee Dryer reported that she attended the LOC roundtable lunch
yesterday.
County Commissioner Dave Dotterere reported that he is feeling good about the
legislature working on the water issues for irrigation. Jackson County has put a
moratorium on new hemp permits.
XIV. EXECUTIVE SESSION - None
XV. ADJOURNMENT
Neil Olson moved to adjourn at 8:30 p.m.
The foregoing minutes of the March 10, 2022, Council meeting were approved by the City
Council at its meeting of _________________, 2022.
Dated: _________________________
Mayor Hank Williams
ATTEST:
__________________________
City Recorder
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City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Public Works
FROM: Matt Samitore, Parks and Public Works Director
MEETING DATE: April 14, 2022
SUBJECT: Resolution No. ________, Accepting the Lowest Responsible Bid from
Knife River Inc. for the Dennis Richardson and War Memorial Project and
Authorizing the City Manager to Execute a Contract
ACTION REQUIRED:
Resolution
RECOMMENDATION:
Approval
BACKGROUND INFORMATION:
The City conducted a bid letting procedure for the Dennis Richardson and War Memorial
project. This joint project includes the construction of the Dennis Richardson Memorial and
the renovation of the Oregon War Memorial. The Oregon War Memorial renovation is
needed to redo the lighting at each service area, redo the lawn areas and add extra seating
areas for events.
The Dennis Richardson Memorial will be located adjacent to the Oregon War Memorial and
feature a fountain and sitting area. Mr. Richardson was the primary catalyst for the War
Memorial and served Central Point well for many years as a representative and ultimately
the Secretary of State.
The engineer’s estimate for the project was $521,000. The City received one qualified bid
for the project. After a month of negotiating with Knife River, we were able to remove and
change some items in the bid to reduce the cost from $660,000 to $552,000. Additional cost
savings are still being discussed. The lowest responsible bidder for the project is Knife River
for $552,374.00. The project will be paid for from the Street Fund and the American
Recovery Act funds.
FINANCIAL ANALYSIS:
The project war memorial projects were budgeted in the 2021/23 Park Fund for $150,000. The
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additional monies will be funded by the American Recovery Act Fund for the Dennis
Richardson Memorial portion of the project.
LEGAL ANALYSIS:
The City of Central Point public contracts/bidding is governed by Oregon Revised Statute
(ORS) Chapter 279 and Central Point Municipal Code (CPMC) Chapter 2.40.
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
Community Investment; Goal 5 – Plan, design, and construct modern and efficient
infrastructure in all areas and systems. Strategies 3 and 4.
STAFF RECOMMENDATION:
Approve a resolution awarding the Dennis Richardson and War Memorial project to Knife
River, Inc.
RECOMMENDED MOTION:
I move to approve Resolution No. ____ accepting the lowest responsible bid from Knife River,
Inc. for $552,374 for the Dennis Richardson and War Memorial project and authorizing the City
Manager to execute a contract.
ATTACHMENTS:
1. DJ Memorials Landscape_Addendum_02.25.22
2. KRM Revised Bid Proposal (002)
3. 20220406142002
4. resol_2022 paving projects
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9.A.aPacket Pg. 12Attachment: DJ Memorials Landscape_Addendum_02.25.22 (1524 : Dennis Richardson/War Memorial - Bid Opening)
9.A.aPacket Pg. 13Attachment: DJ Memorials Landscape_Addendum_02.25.22 (1524 : Dennis Richardson/War Memorial - Bid Opening)
9.A.aPacket Pg. 14Attachment: DJ Memorials Landscape_Addendum_02.25.22 (1524 : Dennis Richardson/War Memorial - Bid Opening)
9.A.aPacket Pg. 15Attachment: DJ Memorials Landscape_Addendum_02.25.22 (1524 : Dennis Richardson/War Memorial - Bid Opening)
9.A.aPacket Pg. 16Attachment: DJ Memorials Landscape_Addendum_02.25.22 (1524 : Dennis Richardson/War Memorial - Bid Opening)
9.A.aPacket Pg. 17Attachment: DJ Memorials Landscape_Addendum_02.25.22 (1524 : Dennis Richardson/War Memorial - Bid Opening)
9.A.aPacket Pg. 18Attachment: DJ Memorials Landscape_Addendum_02.25.22 (1524 : Dennis Richardson/War Memorial - Bid Opening)
9.A.aPacket Pg. 19Attachment: DJ Memorials Landscape_Addendum_02.25.22 (1524 : Dennis Richardson/War Memorial - Bid Opening)
9.A.aPacket Pg. 20Attachment: DJ Memorials Landscape_Addendum_02.25.22 (1524 : Dennis Richardson/War Memorial - Bid Opening)
9.A.aPacket Pg. 21Attachment: DJ Memorials Landscape_Addendum_02.25.22 (1524 : Dennis Richardson/War Memorial - Bid Opening)
9.A.aPacket Pg. 22Attachment: DJ Memorials Landscape_Addendum_02.25.22 (1524 : Dennis Richardson/War Memorial - Bid Opening)
9.A.aPacket Pg. 23Attachment: DJ Memorials Landscape_Addendum_02.25.22 (1524 : Dennis Richardson/War Memorial - Bid Opening)
9.A.aPacket Pg. 24Attachment: DJ Memorials Landscape_Addendum_02.25.22 (1524 : Dennis Richardson/War Memorial - Bid Opening)
Knife River Materials - Medford
BID PROPOSAL
COCP WAR VETERANS & DENNIS RICHARDSON ME22A02 Zeedyk, Richard
Bid TotalUnit PriceUnitsQuantityDescriptionBiditem
00200 TEMPORARY FEATURES AND APPURTENANCES
45,000.0045,000.00LS1.000MOBILIZATION10
1,000.001,000.00LS1.000TEMPORARY WORK ZONE TRAFFIC CONTROL, COMPLETE20
250.00250.00LS1.000EROSION AND SEDIMENT CONTROL30
00300 ROADWORK
2,430.002,430.00LS1.000CONSTRUCTION SURVEY WORK40
26,000.0026,000.00LS1.000REMOVAL OF STRUCTURES AND OBSTRUCTIONS50
00400 DRAINAGE AND SEWERS
14,600.0073.00LF200.0004-INCH SEWER PIPE60
650.00650.00EA1.000CATCH BASINS, AREA DRAIN70
00500 BRIDGES
20,150.00310.00LF65.000SEAT WALL ALT95
21,460.00370.00LF58.000RETAINING WALL ALT105
00700 WEARING SURFACES
15,295.0035.00LF437.000CONCRETE MOW STRIP110
18,050.0019.00SF950.000CONCRETE WALKS120
24,000.0020.00SF1,200.000EXPOSED AGGREGATE CONCRETE135
00900 PERMANENT TRAFFIC CONTROL AND ILLUMINATION
60,000.0060,000.00LS1.000LIGHTING ALT145
01000 RIGHT-OF-WAY DEVELOPMENT AND CONTROL
99,500.0099,500.00EA1.000FOUNTAIN150
1,656.000.40SF4,140.000SEEDING170
50,400.0090.00CY560.000TOPSOIL180
5,985.0095.00CY63.000MULCH190
1,120.00560.00EA2.000TREE - 1 1/4-INCH CAL200
2,010.00670.00EA3.000TREE - 2-INCH CAL210
2,200.001,100.00EA2.000TREE - 3-INCH CAL220
1,680.00560.00EA3.000TREE - 8 FOOT HEIGHT MINIMUM230
10,574.0034.00EA311.000SHRUB PLANTING - 1 GALLON240
6,936.0034.00EA204.000SHRUB PLANTING - 2 GALLON250
4,048.0044.00EA92.000SHRUB PLANTING - 3 GALLON260
10,128.0048.00EA211.000SHRUB PLANTING - 5 GALLON270
7,952.0016.00EA497.000ANNUALS - 4-INCH POT280
2,200.002,200.00LS1.000BULBS290
2,100.001,050.00EA2.000BOULDERS310
95,000.0095,000.00LS1.000IRRIGATION SYSTEM320
$552,374.00Bid Total
1
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Packet Pg. 25 Attachment: KRM Revised Bid Proposal (002) (1524 : Dennis Richardson/War Memorial - Bid Opening)
AFFIDAVIT OF PUBLICATION COPY OF ADVERTISEMENT
**** THIS lS NOT A BILL ****
On Behalf of:
Clry OF CENTRAL POINT-Legal
140 S THIRD ST
CENTRAL POINT, OR 97502
STATE OF OREGON COUNTY OF JACKSON:
l, Kristy Gallon, being first duly sworn, depose and say that I am the
principal clerk of Mail Tribune, a newspaper of general circulation, as
defined by ORS 193.010 and 193.020; printed at Medford in the
aforesaid county and state; that the public notice, a printed copy of
which is hereto annexed, was published in the entire issue of said
newspaperfor 7 successive and consecutive insertion(s) in the
following issues 1/9/2022,111612022 (HERE SET FORTH DATES OF
rssuE).
DON JOI{ES PARK
PUBLIC IMPROVEMENT PROJEC.l.!
YI'AR VEIEMNS AND DENNIS RICHAROSON MEMORIAL
PROJECT'8IOOE63
Deparlment ot Publlc Works
ADVERTISEMENT FOR BIDS
'{OTICE
TO CONTRACTORS
'ltJqrffixM0lon
S€aled blds will be opemd and publicly resd .t lhe Ctty ot Contral Polnt. Clty Han. 140
Soulh 3rd Slcal. CentEl Point, OR 97502 at 2:00 PST on Fobruary E, 2022, tot tBabovs refsBn@d projocl. Blds must bo submlttgd to Matt SamltoB, Pa*s and Publlc
Wotko Dlreclor, al the sme sddress prldlo 2:00 PST ff the €bove date. Subonlracld
Dlsclcure fom3 must be submllted prlor to 4:00 PST on the sme dste.
BiddeB must b€ prsqu€lillod io order to be ollglbls for sward. Pe-quallfi€tion may be
with lhe City of Central Point, City of Medldd, or the Oregon Depadrent otTransport€llon. lf lhe bidder ls dlsqualifed in any ot lhse judsdictions. the bldder wlll be
inellgible tor thls @nlract.
Award of ontEot wlll not b€ tinal until lh6 lst€r of: 1) thrs (3) bu6ines days aff6r lh€
Cily of Conlr6l Point announr Nollco of lnlonl toAMrd; or 2) th6 City of Conlr€l Poinl
prcvldoe I wilt€n rosponso to each limely prot6t, d€nylng th6 polssl and afiimlng theewad.
On all projftte, work p€rformod by the Conkaolofs own organlallon must b€ at l€ast
30% ol tho awadod @nl.act amount.
Plaffi end apodf6flon8 wlll b€ availablo gdhgjdy, alS4fl&lg&glngi49lgg9&Sgy orW'Clg$CC!.Etr boglnnlng January 8th, 2022, The @mplete dlgnel @ntEold@monl6 may b€ downloadgd fd a $15.00 non-refundablg t@ by lnpultlng tF
Qu€BICDN p{oJ€ct #8i00863 on the wobElte'8 PrcJect Sqerch pago, Ploase @ntactQu6stCDN.@m at (S52) 233-1632 or lnfo@quostcdn.@m lor asslstan@ in lre€
menberehlp reglsketlon, downlosdlng, and worklngwith thls dlgltal prcJec.t lnfomEllon.
COs? ESTIMATE: $,t40,000
Thls prcjgcl @nsists ot lmpovements of an oxisting sile to beome tho Don Jones ParkWer Veterqng and Dtrnb Rkhardeon Memorial. Thls rcrk will include demolition wk,@nstruc't6 of sewer seM@, om€msntd fountain, hards€ping. landseping, and
lrlgalion lmprcvementg.
Work 6hsll begln rc earllsr than Fobrusry 22, 2022, and must bo Gomplotod no lai6r
lhsn July l6th, 2022. Pl@so diroct all questions lo Grog GGvos €t 541-864-332'l
(x225) or greg.graves@Fntralpolnlorogon.gou Tho deadllno for quoEtions is Fgbruary3,2022.
No bld wlll be r€@lv€d or@nddsrod by lh€ Clty ofConlral Polnt unl€gs blddorslgns lh€
bld statemenl.
Ths onlGcl ls for publlc work subjecl to ORS 279C.800 to 279-870, Thls pDloct lg
sublect to Oregon prcvaillng wage Etes.
The Cily ol Cenlral Point may reject any bid not in ompliance with all public blddlngprc6dur6s and requicmenls and may reJect for good €use eny or all blds upon a
finding by lhe Cily of Cental Ponl thal il is ln lhe public interest lo do e.
CITY OF CENTRAL POINT
Matt SamiloE. Pa.ks and Publlc Work6 Olrector
AdvertisBd: January 8, 2022
January I and .16, 2022
4(t-) day of C"A .2022
Affiant U
Subscribed and sworn to before me this
Notary State of Oregon County of
My commission expires I v
Rosebud Media - Mail Tribune
11'l N Fir St, Medford, OR 97501
Publication Cost: $424.90 lAdvertisement For Bids
Ad No: 5246 Customer No: 100867
S"2-a'>Z
@
OFFICIAL STAMP
TERRIE ROGERS
NOTARY PUELIC.OREGON
coMMr$stoN No.979444
I,lY COMIJ|ISSION DOIRES sIPTEMBER 24, N22
Page 1 of 1
9.A.c
Packet Pg. 26 Attachment: 20220406142002 (1524 : Dennis Richardson/War Memorial - Bid Opening)
EXHIBIT A
CITY OF CENTRAL POINT
DEPARTMENTOF PUBLIC
WORKS
PUBLIC IMPROVEMENT PROJEGJ:
DON JONES PARKWAR VETERANS
AND DENNIS RICHARDSON
MEMORIAL
Blds due 2:00 pm, Februaly 8, 2022
ADVEBTISEMENT FOR BIDS
PROJECT #8100863
Sealed bids will be opened and publicly
read at lhe City of Central Point, City
Hall, 140 Souh 3rd Stre€l, Contral Polnt,
OR 97502 at 2:00 PST on Fsbruary I,
2t22, lot the above referencad project,
Bids must bs grbmitted to Malt Samitore,
Parks and Public Works Director, at the
same address prior lo 2:00 PST on lheabove date. Subcontrador Disclosure
forms must be submitted prior to 4:00
PST on the same date.
Bidders must be prequalitied in order to
be eligible lor award. Pre-qualilication
may be with the City ol Central Point,City of Medford, or the Oregon
Department ol Transportation. ll the
bidder is disqualitied ln any ol these iuris-
dicllons, the bldder wlll b€ in€ligible lor
thls contrad.
Award ol contract will not be linal until
the later ol: 1) three (3) business days
after the Clty ol C€ntal Point announces
Nolice of lntent to Award; or 2) th€ Cily ol
Central Point provides a written responseto each lim€ty protest, dgnying the
protest and alfkming the auard.
On all prol€cts, work p€rlormed by the
Contractor's oun organlzatlon must be atl€ast 30pl6 of the awarded conlract
amount.Plans and speci,lcations wlll be
available onllno only at www.centralpointoreoon.gov or w\^rw.qu€stcdncom
beginning January sth, 2022. The
completo digital conlact documents maybe dournloaded lor a $.15.00
non-refundable fe€ by inputting the
Qu€SCDN prol€ct #81 00863 on th€
websllsb Project Ssarch page. Pleasecontacl QuestCDlrl.com al (952)
233-1 632 or info@queslcdn.com lorassistarrce in f ree membershlp
registration, downloading, and working
with this digital pro.iect information.
COST ESTIMATE: $440,000
This prolecl consisb of improvements
of an exiding site lo b€come the Don
Jones Park War Veterans and Dennls
Blchardson Memorlal. Thls work will
include demolition wotk, construction ol
ser /€r service, ornamental fourrtain, hard-scaping, land$aping, and inigatlon
lmprov€menls.
Work shall begin no earlier than
Fobruary 'f2, 2on, and must bs
complet€d no later than July lsthr
2022. Please dhed all questions to GregGraves at 541-664-3321 (x2251 or
g rsg. graves ('centralpo intoreg on. gov.
The deadline for questons ls Fobruary 3,
2e22.
No bid will be received or considered
by the Cily ol Cenlral Poinl unless bidder
sig ns lhe bid statement.
The contract ls lor public work subiectto ORS 279C.800 to 279.870. Thisproied is subiecl to Oregon prevailing
wags rates.
The Clty of Central Point may relect
any bld not in compliance with all public
biddlng proc€dures and requirements and
may rej€ct for good cause any or all bids
upon a linding by he Clty ol Central Port
that ll is in the publlc lnterest to do so.
CITY OF CEMRAL POINT
Mat Samitore, Parks and
Public Works Diroclor
Published Jan. 7 & 14, 2022.
1 2066S1 1
9.A.c
Packet Pg. 27 Attachment: 20220406142002 (1524 : Dennis Richardson/War Memorial - Bid Opening)
RESOLUTION NO. _______
A RESOLUTION APPROVING THE LOWEST QUALIFIED BID FOR THE
CONSTRUCTION OF DENNIS RICHARDSON AND WAR MEMORIAL
PROJECTS TO KNIFE RIVER MATERIALS, INC. AND AUTHORIZING THE
CITY MANAGER TO EXECUTE A CONTRACT.
RECITALS:
A. WHEREAS, the City recently published a solicitation for lowest bids for
the construction of the Dennis Richardson and War Memorial Bid.
B. WHEREAS, the City received two bids.
C. WHEREAS, the lowest bid was submitted by Knife River Materials, Inc.
for $452,374.
The City of Central Point resolves as follows:
Section 1. The City Council hereby accepts the lowest bid from Knife River
Materials Inc. for the construction of the Dennis Richardson and War Memorial
Projects.
Section 2. The City Manager is hereby authorized to execute a contract and
any related documents necessary to effectuate the acceptance of this award in a
form substantially the same as that included in the specifications.
Section 3. This Resolution shall take effect immediately from and after its
passage and approval.
Passed by the Council and signed by me in authentication of its passage
this _____ day of _____________________, 2022.
__________________________
Mayor Hank Williams
ATTEST:
_____________________________
City Recorder
9.A.d
Packet Pg. 28 Attachment: resol_2022 paving projects (1524 : Dennis Richardson/War Memorial - Bid Opening)
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
City Manager
FROM: Chris Clayton, City Manager
MEETING DATE: April 14, 2022
SUBJECT: Resolution No. ______, Declaring Certain Real Property Located at 123
N. 2nd Street, Central Point Surplus and Authorizing the Sale of Such
Property to Rogue Valley Council of Governments
ACTION REQUIRED:
Resolution
RECOMMENDATION:
Approval
BACKGROUND INFORMATION:
In 2021, The Rogue Valley Council of Governments (RVCOG) approached the City of
Central Point about the possibility of purchasing the Central Point Senior Center
Building located at 123 N 2nd St, Central Point.
If the City Council authorizes the sale of this property, RVCOG intends to operate their
Food & Friends “Meals on Wheels” program from the facility and offer on-site meals for
those wishing to continue with non-delivered meals. Additionally, RVCOG would like to
collaborate with the City of Central Point on offering social and recreational programs
for Central Point Seniors.
The Central Point Senior Center Board (non-profit) concluded its operations at the
Senior Center in March 2022. Beginning April 1st, 2022, RVCOG began using the facility
for its Food & Friends program. Until the property is purchased by RVCOG, the City is
permitting the use of the facility under an inter-governmental agreement (IGA) which
the Central Point City Council approved in early 2022.
FINANCIAL ANALYSIS:
The City of Central Point had the Senior Center property independently appraised
(available upon request). The property appraiser assessed the property value at
$375,000, which is the proposed sale amount.
9.B
Packet Pg. 29
LEGAL ANALYSIS:
The City of Central Point owns the property located at 123 N. 2nd Street, Central Point.
Under the provisions of Oregon Revised Statute (ORS) Chapter 221, the City possesses
the ability to sell real property.
Central Point Legal Counsel has reviewed the resolution declaring the Senior Center
property surplus and authorizing the City Manager to execute a purchase and sale
agreement with RVCOG.
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
Strategic Priority – Community Investment
GOAL 2 - Be a city filled with happy, healthy people who are thriving.
STRATEGY 1 – Develop and maintain positive partnerships with public and private
entities and the community to understand community needs, and leverage resources to
develop and deliver opportunities for personal, professional, and/or vocational
development. (Recreation Programs, Maker Space, Artisan Corridor, Volunteerism,
Community Events, etc.) (Nurturing individuals skills and personal growth is an essential
element to Central Point’s vitality. While this is an organic process that must be desired
by individuals in the population, the City can make investments that consider and
further the goal of providing an environment that is supportive of this objective.)
STAFF RECOMMENDATION:
Staff recommends approval of a resolution declaring the Senior Center property surplus
and authorizing the City Manager to execute a purchase and sale agreement with
RVCOG.
RECOMMENDED MOTION:
I move to approve a resolution declaring the property located at 123 N. 2nd Street
surplus and authorizing the City Manager to execute a purchase and sale agreement
with RVCOG.
ATTACHMENTS:
1. RESO Sale of Surplus Property - Senior Center
2. RVCOG Purchase and Sale Agt
9.B
Packet Pg. 30
Res. No.___________; April 14, 2022 Page 1
RESOLUTION NO. ______________
A RESOLUTION DECLARING CERTAIN REAL PROPERTY LOCATED AT 123 N. 2ND
STREET, CENTRAL POINT SURPLUS AND AUTHORIZING THE SALE OF SUCH
PROPERTY TO ROGUE VALLEY COUNCIL OF GOVERNMENTS
Recitals:
A. The City of Central Point owns certain real property consisting of a 3,100 square foot
commercial/civic building located on .18 acres, which has been operated as the Central
Point Senior Center more particularly described as Map No. 37-2W-03DD Tax Lot 7200
(the “Property”).
B. The Rogue Valley Council of Governments operates meal programs for seniors and
desires to purchase the Property from the City to operate its senior meals programs
from the Property.
C. The City has no other reasonable use for the Property.
D. The City has determined that no public purpose would be furthered by retaining
ownership of the above Property and that it would be in the best interest of the City to
declare the Property surplus and sell the Property to RVCOG for its appraised value
pursuant to its authority to sell such surplus property under Central Point Municipal
Code 2.40.120.A.1.
The City of Central Point resolves as follows:
Section 1. The Property is declared to be surplus.
Section 2. The Property shall be sold to RVCOG at its appraised value.
Section 3. The City Manager is authorized to enter into that Real Estate Purchase and Sale
Agreement attached hereto and to take any other steps necessary to effectuate the terms of
this Resolution and to close on the sale of the Property as provided in the attached agreement.
Passed by the Council and signed by me in authentication of its passage this _____ day
of April 2022.
_______________________________
Mayor Hank Williams
ATTEST:
______________________________
City Recorder
9.B.a
Packet Pg. 31 Attachment: RESO Sale of Surplus Property - Senior Center (1528 : Resolution Declaring Property Located at 123 N. 2nd Street Surplus and
Purchase and Sale Agreement
Page 1 of 7
REAL ESTATE PURCHASE AND SALE AGREEMENT
DATE: , 2022 (date of last signature)
BETWEEN: City of Central Point, Oregon (“Seller”)
An Oregon municipal corporation
140 South Third Street
Central Point, Oregon 97502-2216
AND: Rogue Valley Council of Governments (“Purchaser”)
P.O. Box 3275
Central Point, Oregon 97502
RECITALS
A. Seller is the owner of certain real property located at 123 N. 2nd Street, Central
Point, Jackson County, Oregon, and commonly known as Map No. 37-2W-03DD Tax Lot
7200 (“the subject property”). The subject property is approximately .18 acres in size
and is developed with a 3100 square foot (GBA) commercial/civic building. A more
particular description of the subject property is as follows:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
B. Seller desires to sell the subject property to Purchaser and Purchaser desires to purchase
the subject property from Seller.
AGREEMENT
In consideration of the mutual promises, covenants and undertakings of the parties herein
contained, the parties hereby agree as follows:
1. Recitals. The parties acknowledge and agree that the Recitals set forth above are
incorporated herein and deemed a material part of this Agreement.
2. Purchase Price. Seller agrees to sell and convey all of Seller’s right, title and
interest in the subject property to Purchaser and Purchaser agrees to buy the subject property from
Seller for the sum of Three Hundred Seventy-Five Thousand and No/100 Dollars
($375,000.00) (“the Purchase Price”).
2.1 The Purchase Price shall be paid in cash at Closing.
9.B.b
Packet Pg. 32 Attachment: RVCOG Purchase and Sale Agt (1528 : Resolution Declaring Property Located at 123 N. 2nd Street Surplus and Authorizing P&S
Purchase and Sale Agreement
Page 2 of 7
3. Title. Seller warrants and represents that Seller is the fee simple owner of
the subject property and that Seller has the right and authority to convey the subject
property to Purchaser free and clear of any other claims of title and subject only to
encumbrances of record and such recurring assessments and liens for real property taxes,
irrigation districts or other governmental or quasi-governmental entities. Seller shall convey
title to the subject property by Statutory Warranty Deed, properly executed and notarized
conveying title to Purchaser. Seller, at Seller’s sole expense, shall provide Purchaser with a
standard owner’s title insurance policy in the amount of the Purchase Price from Ticor Title
Insurance located at 1555 East McAndrews Road, Suite #100, Medford, Oregon, 97504
(“the Escrow Agent”). Purchaser, at Purchaser’s sole expense, shall have the right to
instruct the Escrow Agent to issue additional title insurance endorsements desired by
Purchaser. Upon complete execution of this Agreement, Seller, at Seller’s sole expense,
shall order a preliminary title report (“Title Report”) from the Escrow Agent with a copy of the
Title Report being delivered to Purchaser. Purchaser shall have 15 business days from the
date of Purchaser’s receipt of the Title Report in order to notify Seller in writing of any
exceptions unacceptable to Purchaser (“Objection Notice”). Seller shall notify Purchaser of
its intent to remove or not to remove the exceptions stated in the Objection Notice within
10 business days of Seller’s receipt of the Objection Notice. Purchaser shall have no
obligation to close if the parties are unable to resolve title issues concerning the subject property.
Purchaser’s failure to issue Seller the Objection Notice within the time allowed will be
deemed as Purchaser’s acceptance of the exceptions to title set forth in the Title Report.
4. Due Diligence Contingency. Purchaser’s purchase of the subject property
is contingent upon Purchaser’s inspection, review and approval of the physical condition of
the subject property, including, but not limited to, title matters, the physical and
environmental condition of the subject property, an appraisal, governmental regulations
affecting the subject property, and all matters that bind the subject property or will affect its use
(“the Due Diligence Contingency”). Purchaser shall provide Seller prior written notice of any
intended physical testing to be conducted on the subject property. In the event of physical testing
conducted on the subject property, Purchaser, at Purchaser’s sole expense, shall cause the subject
property to be restored to its original condition unless such requirement is waived in writing by
Seller. Purchaser shall give written notice to Seller no later than 5:00 p.m. on the 30th day
following the date of this Agreement of Purchaser’s intent to remove or not to remove the Due
Diligence Contingency. In the event no written notice is given to Seller within the Due Diligence
Period to remove the Due Diligence Contingency, the Due Diligence Contingency shall be
deemed waived by Purchaser. In the event Purchaser elects not to remove the Due Diligence
Contingency in accordance with this Section, this Agreement shall be deemed terminated without
further notice to the parties.
5. City Council Contingency. The sale of the subject property is contingent
upon the Central Point City Council’s approval of this transaction. In the event the City
Council Contingency is not met prior to Closing, this Agreement shall be deemed terminated.
6. Conditions of Access. Purchaser and its agents must have full access for the
purpose of conducting Purchaser’s inspections and satisfying other contingencies described
herein. Purchaser agrees to indemnify and hold Seller harmless from all loss, damage, or
9.B.b
Packet Pg. 33 Attachment: RVCOG Purchase and Sale Agt (1528 : Resolution Declaring Property Located at 123 N. 2nd Street Surplus and Authorizing P&S
Purchase and Sale Agreement
Page 3 of 7
liability caused as a result of Purchaser or Purchaser’s agents’ access to the Property under this
Section 6, which obligations shall survive any termination of this Agreement or Purchaser’s
completion of the purchase of the Property. Purchaser shall not conduct any invasive testing of
the Property (e.g., Phase II environmental testing) without Seller’s prior written consent, which
shall not be unreasonably withheld, conditioned, or delayed.
7. As Is. Except as otherwise stated herein, the parties hereby acknowledge and
agree that this is an “AS IS” transaction and, except as otherwise expressly stated herein,
Seller makes no representations or warranties as to the condition of subject property, or its fitness
for a particular purpose.
8. Due Performance. Due performance of the terms, conditions, and
agreements of this Agreement to be performed by a party and the accuracy of the
representations and warranties of each as of the Closing Date is a condition to closing by the
other party. Such performance shall include, without limitation, execution and delivery in
proper form of all of the documents required hereunder to be delivered on the Closing Date
and the rendering of all other performances and undertakings contemplated hereunder.
9. Closing Date. Closing shall occur no more than thirty (30) days following the
completion of the Due Diligence period (“Closing Date”) at the offices of the Escrow Agent.
The terms closed, closing or closing date mean when the deed is recorded, and funds are
available to Seller.
10. Casualty and Condemnation.
10.1 Casualty or Condemnation. In the event of threatened or actual
condemnation of a material portion of the subject property prior to the Closing Date, at
Purchaser’s option, Purchaser may elect to proceed with the purchase of the subject property
or may terminate this Agreement by written notice to Seller provided within ten (10) days
after Purchaser’s receipt of written notice of the occurrence of such threatened or actual
condemnation. In the event Purchaser elects to terminate this Agreement, and neither party shall
have any further rights, liabilities or obligations hereunder.
10.2 Election to Close. If Purchaser elects to proceed with the purchase of the
subject property despite a condemnation action, then upon Closing, all condemnation
proceeds shall be paid towards payment of the Purchase Price. The Purchase Price shall not
be reduced, Purchaser shall have no claim against Seller relating to such condemnation other
than any claim relating to the delivery of any condemnation proceeds and Purchaser shall
acquire the subject property at Closing in its then condition.
10.3 Risk of Loss. Except as otherwise provided herein, the risk of loss prior to
Closing rests with Seller.
11. Closing Provisions.
9.B.b
Packet Pg. 34 Attachment: RVCOG Purchase and Sale Agt (1528 : Resolution Declaring Property Located at 123 N. 2nd Street Surplus and Authorizing P&S
Purchase and Sale Agreement
Page 4 of 7
11.1 Closing. This purchase and sale transaction shall be closed on the Closing
Date, unless otherwise extended pursuant to mutual agreement of the parties, at the offices of the
Escrow Agent.
11.2 Funds and Documents.
11.2.1 Purchaser’s Funds and Documents. On or before the Closing Date,
Purchaser shall cause to be delivered to the Escrow Agent, for delivery to Seller on the
Closing Date, each of the following:
(a) The sum specified in Section 2 herein, which sums are payable in cash, by
certified or cashier's check, wire transfer, or otherwise immediately available federal funds.
(b) All funds required of Purchaser by reason of the prorations and adjustments
described herein and the obligations of Purchaser for costs and expenses as set forth herein.
(c) All documents required pursuant to this Agreement, properly executed by
Purchaser.
11.2.2 Seller’s Documents. On or before the Closing Date, Seller shall cause to
be delivered to the Escrow Agent, for delivery to Purchaser on the Closing Date, each
of the following:
(a) Any funds necessary to satisfy Seller’s obligations arising from the
prorations and adjustments described herein and for costs and expenses as set forth herein, if
any.
(b) All documents required pursuant to this Agreement, properly executed by
Seller.
11.3 Adjustments and Prorations on Closing. Seller and Purchaser understand
that certain items will need to be prorated among the parties at Closing including, but not
limited to real property taxes, if any. Real estate taxes payable for the current year, if any, shall
be prorated on the Closing Date between the Seller and the Purchaser.
11.4 Costs of Closing.
11.4.1 Seller’s Costs and Expenses. At Closing, Seller shall pay (i) one-half of the
Escrow Agent's fee; (ii) the premium for an Owner's standard title insurance policy in the
amount of the Purchase Price; (iii) all recording and miscellaneous charges customarily
attributable to a Seller in similar transactions; and (iv) attorney fees incurred by Seller with
respect to negotiating this Agreement, if any.
11.4.2 Purchaser’s Costs and Expenses. At Closing, Purchaser shall pay (i) one-
half of the Escrow Agent’s Fee; (ii) any premium for additional title insurance
endorsements desired by Purchaser over and above those provided by a standard title
insurance policy (iii) all recording and miscellaneous charges customarily attributable to
9.B.b
Packet Pg. 35 Attachment: RVCOG Purchase and Sale Agt (1528 : Resolution Declaring Property Located at 123 N. 2nd Street Surplus and Authorizing P&S
Purchase and Sale Agreement
Page 5 of 7
purchasers in similar transactions; and (iv) all attorneys' fees incurred by Purchaser with
respect to negotiating this Agreement, if any.
12. Remedies.
12.1 Seller’s Breach. If Seller breaches this Agreement or fails to close the
sale contemplated hereby through no fault of Purchaser, Purchaser shall be entitled to
DAMAGES, SPECIFIC PERFORMANCE OR OTHER INJUNCTIVE OR EQUITABLE
RELIEF.
12.2 Purchaser’s Breach. If Purchaser breaches this Agreement and fails to close
the sale contemplated hereby through no fault of Seller, Seller shall be entitled to
DAMAGES, SPECIFIC PERFORMANCE OR OTHER INJUNCTIVE OR EQUITABLE
RELIEF.
13. Brokerage Fees. No real estate brokerage fee or commission is owing
in conjunction with this transaction.
14. Miscellaneous Provisions.
14.1 Assignment. The parties’ rights and obligations under this Agreement shall not
be assigned to any third party without the other party’s prior written consent.
14.2 Possession. Purchaser shall be entitled to possession of the subject property on
the Closing Date.
14.3 Attorneys’ Fees. In any proceeding brought to enforce this Agreement or
to determine the rights of the parties under this Agreement, the prevailing party shall be
entitled to collect, in addition to any judgment awarded by a court, its reasonable attorney fees
incurred, and all costs and expenses incurred in connection with such a lawsuit, including
attorney fees, expenses of litigation, and costs of appeal. For purposes of this Agreement, the
prevailing party shall be that party in whose favor final judgment is rendered or who prevails,
if both parties are awarded judgment. The term “proceeding” shall mean and include
arbitration, administrative, bankruptcy, and judicial proceedings including appeals.
14.4 Notices. Notices under this Agreement shall be in writing and shall be
effective when actually delivered by hand delivery, electronic correspondence or United States
mail directed to the other party at the address set forth below, or to such other address as the
party may indicate by written notice to the other:
Seller:
City of Central Point
c/o Chris Clayton
140 South Third Street
Central Point, Oregon 97502-2216
chris.clayton@centralpointoregon.gov
9.B.b
Packet Pg. 36 Attachment: RVCOG Purchase and Sale Agt (1528 : Resolution Declaring Property Located at 123 N. 2nd Street Surplus and Authorizing P&S
Purchase and Sale Agreement
Page 6 of 7
and
Sydnee B. Dreyer
Jarvis, Dreyer, Glatte, Larsen & Bunick, LLP
823 Alder Creek Drive,
Medford, Oregon 97504-8900
sbd@medfordlaw.net
Purchaser:
Rogue Valley Council of Governments
c/o Ann Marie Alfrey
P.O. Box 3275
Central Point, Oregon 97502
amalfrey@rvcog.org
and
Douglas M. McGeary
Attorney at Law
2 N. Oakdale Ave.
Medford, OR 97501
doug@douglasmmcgeary.com
14.5 Amendment. This Agreement may be amended only by written
instrument executed by Seller and Purchaser.
14.6 Representations and Warranties. All representations and warranties made
herein shall survive Closing.
14.7 Entire Understanding. This Agreement, and the documents incorporated
herein, consists of the entire Agreement between the parties with relation to the conveyance of
the subject property.
14.8 Time of Essence. Time is of the essence of this Agreement.
14.9 Applicable law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Oregon.
14.10 Counterparts. This Agreement may be executed by the parties in
separate counterparts. For the purposes of this Agreement, a facsimile or electronic copy of
a signature shall have the same force and effect as an original signature.
14.11 Statutory
Disclaimer.
THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY
NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING
9.B.b
Packet Pg. 37 Attachment: RVCOG Purchase and Sale Agt (1528 : Resolution Declaring Property Located at 123 N. 2nd Street Surplus and Authorizing P&S
Purchase and Sale Agreement
Page 7 of 7
STRUCTURES. THE PROPERTY IS SUBJECT TO LAND USE LAWS
AND REGULATIONS THAT, IN FARM OR FOREST ZONES, MAY
NOT AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENCE
AND THAT LIMIT LAWSUITS AGAINST FARMING OR FOREST
PRACTICES, AS DEFINED IN ORS 30.930, IN ALL ZONES. BEFORE
SIGNING OR ACCEPTING THIS INSTRUMENT, T H E P E R S O N
T R A N S F E R R I N G F E E TITLE SHOULD INQUIRE ABOUT THE
PERSON’S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND
195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON
LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS
2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010.
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE
PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD
CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING
DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING
TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL,
AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED
USES OF THE LOT OR PARCEL, TO VERIFY THE EXISTENCE OF
FIRE PROTECTION FOR STRUCTURES AND TO INQUIRE ABOUT
THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY,
UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND
SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2
TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2
TO 7, CHAPTER 8, OREGON LAWS 2010.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set
forth below.
SELLER: PURCHASER:
CITY OF CENTRAL POINT ROGUE VALLEY COUNCIL OF
GOVERNMENTS
Date: , 2022 Date: , 2022
_________________________________________ _______________________________________
By: Chris Clayton, City Manager By: Ann Marie Alfrey, Executive Director
9.B.b
Packet Pg. 38 Attachment: RVCOG Purchase and Sale Agt (1528 : Resolution Declaring Property Located at 123 N. 2nd Street Surplus and Authorizing P&S
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
City Manager
FROM: Chris Clayton, City Manager
MEETING DATE: April 14, 2022
SUBJECT: Resolution No. _______, Approving an Agreement between the City of
Central Point and the Central Point Chamber/Visitor Information Center
for Community Outreach and Engagement Services
ACTION REQUIRED:
Resolution
RECOMMENDATION:
Approval
BACKGROUND INFORMATION:
The City of Central Point contracts with the Central Point Chamber of Commerce to operate the
City’s Visitors Information Center (VIC). Historically, this contractual arrangement has been
managed through a mutually adopted agreement. Although still being used as a framework, the
existing agreement is expired, and both the City and Chamber are pursuing a renewal.
In the latest version of the VIC operating agreement, the City was responsible for $1,866.67 for
operations and $1338.00 per month for office lease costs. The office lease cost originated
when the City requested the Chamber move from its old location on Manzanita Street to its
current office located at 650 E. Pine Street.
In addition, the City and Chamber had a recent discussion regarding potentially relocating the
Chamber of Commerce and Visitors Information Center to City Hall. However, the Chamber
Board decided they would prefer to remain at their existing location on Pine Street until space
became available in the future City of Central Point Community Center.
After discussing the renewal option with the City Council, it was decided to incorporate historic
office lease costs into the Chamber’s compensation for VIC operations and allow them to
pursue a property lease independent of the City of Central Point
FINANCIAL ANALYSIS:
In the previous Visitors Information Center agreement, the City was financially obligated to the
following:
1. Monthly lease payment for office space of $1,338.00.
2. Monthly payments for VIC operations of $1,866.67.
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In addition, The City has been considering the following financial information in analyzing the
agreement.
1. Over the past 36 months, average inflation has been 2.7% (hyperinflation has persisted
in recent months).
2. The property owners of 650 E. Pine Street have offered a new 24-month lease
agreement at a rate of $1,470.00 per month.
3. The City Currently commits $ 15,500 biennially to Community/Chamber Special Events.
The 2021-2023 City of Central Point Budget allocated $291,030 for General Fund/City
Enhancement/Tourism Promotion. All non-event-specific funding related to the operation of the
Visitors Information Center is programmed in this budget line item. Event-specific funding
programmed for the Central Point Chamber of Commerce is allocated under General Fund/City
Enhancement/Community Events.
Should the Council choose to renew the Visitors Information Center operating agreement, the
agreement specifies VIC funding levels at $38,400 (lease and operational payment) per year.
However, the City’s annual contribution depends on budgetary authority granted by the Central
Point Budget Committee & City Council. Prior to budget authorization for VIC funding, the
Central Point Chamber of Commerce is required to present a proposed annual budget and
provide details on operational specifics, goals and objectives.
LEGAL ANALYSIS:
Central Point legal counsel reviewed and assisted in developing the previous (expired)
agreement framework and will review proposed changes before council consideration.
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
Strategic Priority: Vibrant Economy
GOAL 2 - Build upon past success to further the purpose of promoting downtown revitalization
and renewal.
STRATEGY 3 – Partner with the Chamber of Commerce and the local business community to
promote Central Point businesses (Buy Local, Live Local Campaign).
STRATEGY 4 – Promote destination business development through partnerships with the
Chamber of Commerce and the local business community.
STAFF RECOMMENDATION:
Staff is recommending approval of the attached resolution authorizing the city manager to
execute an agreement with the Central Point Chamber of Commerce to operate the City’s
Visitors Information Center.
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RECOMMENDED MOTION:
I move to approve approval of a resolution authorizing the city manager to execute an
agreement with the Central Point Chamber of Commerce to operate the City’s Visitors
Information Center.
ATTACHMENTS:
1. Chamber Agreement Resolution 2022
2. Draft City-Chamber-VIC Agreement
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RESOLUTION NO. _______
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF
CENTRAL POINT AND THE CENTRAL POINT CHAMBER OF
COMMERCE/VISITOR INFORMATION CENTER FOR COMMUNITY OUTREACH
AND ENGAGEMENT SERVICES.
RECITALS:
A. The City of Central Point retains the authority to reduce costs and produce
public benefit through the use privatized contract services.
B. The City of Central Point and the Central Point Chamber of
Commerce/Visitors Information Center deem it to be to their mutual
advantage and to be in the best interest of their respective
constituencies/membership to enter into this agreement for the purpose of the
Chamber of Commerce to provide community outreach and engagement
services.
The City of Central Point resolves:
Section 1. The attached agreement would allow the Central Point Chamber of
Commerce/Visitors Information Center to provide community outreach and
engagement services to the City of Central Point.
Section 2. Upon approval of this resolution the City Manager is authorized to
execute the attached proposal with the Central Point Chamber of Commerce/Visitors
Information Center.
Section 3. Upon approval of this resolution, the City Manager is authorized to
expend funds not to exceed $38,400 (as appropriated in the 2021-2023 budget) for
the purposes of community outreach and engagement.
The City Manager of Central Point is authorized to sign the attached proposal on
behalf of the City of Central Point.
Passed by the Council and signed by me in authentication of its passage this
_____ day of _____________________, 2022.
__________________________
Mayor Hank Williams
ATTEST:
_____________________________
City Recorder
9.C.a
Packet Pg. 42 Attachment: Chamber Agreement Resolution 2022 (1526 : Central Point Chamber of Commerce - Visitors Information Center Agreement)
VISITOR CENTER AGREEMENT
THIS AGREEMENT by and between the CITY OF CENTRAL POINT, a municipal
corporation of the State of Oregon hereinafter called "the CITY", and the CENTRAL POINT
CHAMBER OF COMMERCE, an Oregon not-for- profit corporation hereinafter called "the
CHAMBER," is effective as of June 1, 2022.
RECITALS
WHEREAS, the CITY desires to contract for tourism promotion utilizing funds derived in
whole or in part from transient lodging taxes ("TLT") collected within the CITY; and
WHEREAS, the CHAMBER has the capability and desire to undertake such a tourism
promotion program, through a Visitor Information Center ("VIC");
NOW THEREFORE the parties agree as follows:
SECTION I
TERM AND RENEWAL
This Agreement is effective beginning June 1, 2022. Its initial term extends through June
30, 2024. Unless this Agreement is terminated under Section II below, it will automatically be
renewed for two years (July 1, 2024 – June 30, 2026), on the same terms, except for the payments
to be made as described in Section III below and except to the extent the parties may choose to
amend or modify the Agreement under Section XII below. Payments for the renewal period will
be determined as set forth in Section V below.
SECTION II
TERMINATION
1. Either party, for any reason, upon one hundred eighty (180) days prior written notice to the
other, may terminate this Agreement without further obligations. Notwithstanding this general
rule:
a) Either party may terminate this Agreement in the event of a breach of the Agreement by
the other party. Prior to such termination, however, the party seeking the termination shall
give to the other party written notice of the breach and of the party's intent to terminate. If
the party has not entirely cured the breach within ninety (90) days after such notice, then
the party giving the notice may terminate the Agreement at any time thereafter by giving a
written notice of termination. Provided, however, if said default cannot reasonably be cured
within ninety (90) days, then this Agreement shall not terminate if the defaulting party uses
reasonable efforts and diligence to commence curing said problem within the 90-day period
and completes the cure of said problem within a reasonable time thereafter. Such
termination will be without prejudice to a party's rights to other legal or equitable remedies
for breach of this Agreement, such as the right to recover money damages for such breach.
9.C.b
Packet Pg. 43 Attachment: Draft City-Chamber-VIC Agreement (1526 : Central Point Chamber of Commerce - Visitors Information Center Agreement)
b) This Agreement will terminate, without further action by the parties and without further
obligations, in either of the following events:
1. If the CITY's appropriation of funds for this Agreement in any fiscal year fails to equal
or exceed the budget submitted by the CHAMBER to the CITY under Section V below,
or the CITY's schedule for payment of funds differs from that budget, this agreement
will terminate on June 30 of the last fiscal year for which sufficient funds are
appropriated and paid; or
2. If sufficient funds are not available for this Agreement this agreement will terminate
on June 30 of the fiscal year in which funds are not sufficient.
The CITY certifies that funds for this Agreement are included in the CITY's budget for the current
fiscal cycle which ends on June 30, 2023. The CITY, in compliance with the appropriation of funds
requirements in ORS 294.305 to 294.565, will in good faith endeavor to budget and appropriate
such funds for subsequent fiscal years. If funds are not appropriated for this agreement for any
fiscal year after 2021-2023, the CITY will notify the CHAMBER, and this Agreement will
terminate on June 30 of the last fiscal year for which sufficient funds are appropriated.
SECTION III
CITY FUNDING FOR VISITOR INFORMATION CENTER
During the term of this Agreement, unless otherwise stipulated in the budget submitted by the
CHAMBER to the CITY under Section V below, the CITY shall pay to the CHAMBER, from
funds lawfully appropriated, a monthly amount equal to one-twelfth of the CHAMBER's approved
budget for the VIC for the CHAMBER's fiscal year in question (for VIC purposes, and for purposes
of this Agreement, the CHAMBER's fiscal year is July 1 -June 30, although for other purposes,
the CHAMBER operates on a calendar-year basis). Such monthly payments will be no later than
the 10th business day of each month (a "business day" is a day that is neither a weekend nor an
official holiday under Oregon state law). However, inasmuch as the initial term of this Agreement
ends on June 30, 2024, and it may thereafter be renewed, the CITY's payments will be:
a) For the initial term of this Agreement, the current appropriated amount for visitor’s
information center (VIC) operation is $ $38,400per year ($ $3,200/month).
b) For successive terms the parties acknowledge and agree that the VIC will be funded by the
CITY in amounts, and according to the schedule of payments, set forth in the CHAMBER's
approved budget submitted to the CITY under Section V below, provided that if such
funding is not appropriated, the CHAMBER may terminate this Agreement as provided in
Section IIb above. Inasmuch as TLT is expected to be the primary or exclusive source of
funds for the VIC under this Agreement, the CHAMBER understands and agrees that use
and expenditure of TLT is subject to the requirements of ORS 320.300 to 320.350, and the
parties will follow these requirements with respect to TLT.
c) The City of Central Point is currently leasing office space for the operation of the Central
Point Chamber of Commerce & Visitor’s Information Center. The office space is located
at 650 E. Pine Street. Said lease between the City and the owner of the building in which
the office space is located is set to terminate. Thereafter, beginning June 1, 2022, the
Central Point Chamber of Commerce shall be responsible to negotiate for, and pay the
monthly rental fee, for its office space lease..
SECTION IV
9.C.b
Packet Pg. 44 Attachment: Draft City-Chamber-VIC Agreement (1526 : Central Point Chamber of Commerce - Visitors Information Center Agreement)
SERVICES TO BE PROVIDED
a) The CHAMBER's purpose for operating the VIC is to provide local citizens and visitors with
information about Central Point area visitor facilities, recreational opportunities, services
offered by the CITY and other relevant governmental entities, and services provided by private
nonprofits and other nongovernmental organizations and charities in the Central Point area;
and other information that is reasonable for the CHAMBER to provide by means of a VIC,
given the limits of the CHAMBER's budget, the level of funds available for the VIC, and the
hours the VIC is open.
b) The CHAMBER shall operate the VIC with an office and telephone service, regularly open
and available to the public. The CHAMBER Board of Directors, in its discretion, will
determine the VIC's hours of operation, provided that office and telephone service to the public
will be available at least 25 hours each week during daytime hours; the CHAMBER may
choose to include Saturday in this 25-hour week, or limit hours of operation to weekdays.
c) The CHAMBER's activities in furtherance of its purposes for the VIC will include marketing
and promotion of tourism and promotion of economic development, and providing
information necessary to support such activities. Specific examples of activities the
CHAMBER will conduct include:
1. Production, display and distribution of promotional brochures;
2. Advertising in local and regional publications;
3. Providing information about services offered by the CITY and other governmental and
nongovernmental entities;
4. Providing the public with maps, brochures and other information about Central Point and
the surrounding area;
5. Publicizing local and regional entertainment, events, and tourist attractions, and tourist
destinations;
6. Informing the public about restaurants, lodging, and similar accommodations that may
be of interest to visitors;
7. Publicizing opportunities for the development and promotion of tourism and tourism
related businesses; and
8. Assisting with and promoting annual events which foster CHAMBER goals.
SECTION V
BUDGET
Beginning no later than February 1, 2023, and the first business day of each February thereafter,
for as long as this Agreement remains in effect (including renewal periods), the CHAMBER shall
submit a detailed program and revenue request for the VIC'S upcoming fiscal year to the CITY.
The proposal shall become part of the CITY's annual budget appropriation process. The proposal
will include a copy of the CHAMBER's board-approved VIC operating budget for the next fiscal
year. The proposal also will include the CHAMBER's projected goals and objectives for the VIC
for the next fiscal year. (Example: On February 1, 2023, the CHAMBER will submit the proposal,
including the budget, for the VIC for the year July 1, 2023 -June 30, 2024.)
SECTION VI
ACCOUNTING AND REPORTING
9.C.b
Packet Pg. 45 Attachment: Draft City-Chamber-VIC Agreement (1526 : Central Point Chamber of Commerce - Visitors Information Center Agreement)
a) The CHAMBER will separately account for VIC monies apart from its general books of
account. The City Finance Director or his/her designee may examine this separate VIC
accounting during normal business hours after providing written notification to the
CHAMBER, at least 48 hours prior to the time such examination is to be held. Nothing
contained herein shall be interpreted to grant the CITY access to the general books, papers,
and accounting records of the CHAMBER, or to any other records of the CHAMBER not
directly related to the VIC.
b) The CHAMBER shall account to the CITY for monies received from the CITY for the VIC.
This accounting will be provided by the seventh business day of the first month following the
end of each fiscal-year quarter. The accounting shall refer to the three calendar months
preceding the accounting. (Example: The October accounting will be for July - September).
The CHAMBER shall forward this report to the CITY Finance Department.
c) The CHAMBER also shall file with the CITY, with each quarterly accounting, a program
report. This report will cover the same time period as the accounting submitted under Section
VI(b) above. If the Chamber fails to meet the accounting/reporting requirements described in
this section VI(a-c) of this Agreement, CITY may withhold future monthly payments of
appropriated funds until proper accounting/reporting required under this Section is provided.
CITY shall not be required to pay interest or penalties for such delayed payment, where the
delay is caused by CHAMBER’s failure to property account/report to CITY.
d) The CHAMBER shall maintain adequate accounting records of all revenues and expenditures
covered by this Section VI, with supporting invoices, for a period of three (3) years.
e) It is understood and agreed that the CITY may appropriate funds derived from any source it
chooses to fund the VIC under this Agreement. Even so, it is understood that TLT will most
likely be the source of such funds. Therefore, if the CITY's projections for future collection of
TLT change during the CITY'S fiscal year, the CITY will advise the CHAMBER of the CITY's
changes in projections for TLT collection within forty (40) days after the close of the CITY's
fiscal year- quarter in which the change in collection projections occurred.
f) CHAMBER shall report to CITY quarterly analytic contact information. Such reports shall
summarize the total number of contacts via telephone, email, website, and personal visits as
well as such other information compiled by CHAMBER to detail its promotion of tourism and
public information.
SECTION VII
CITY REPRESENTATIVE
The CHAMBER's board of directors willappoint an advisory committee for the VIC. This advisory
committee will meet at least once each fiscal-year quarter while this Agreement is in effect. The
advisory committee will provide the CITY with notification of the date, time, and location of its
meetings, at least 14 days before the scheduled date of the meeting, except that in the case of
emergency or specially-scheduled meetings, the notification will be (if possible) at least four days
before the meeting is to take place. The CITY will appoint a city council liaison to sit as a member
of this committee, and this individual will be entitled to a seat on the committee. Nothing in this
section will affect the right of the CHAMBER's board of directors to conduct the CHAMBER's
business under the CHAMBER's bylaws and other governing documents. However, if requested
9.C.b
Packet Pg. 46 Attachment: Draft City-Chamber-VIC Agreement (1526 : Central Point Chamber of Commerce - Visitors Information Center Agreement)
by the board, the appointed city council liaison will be available to attend regularly scheduled
chamber board meetings.
SECTION VIII.
INSURANCE
The CHAMBER shall carry insurance as follows:
a. Workers' compensation coverage in accordance with Oregon law; and
b. Commercial general liability insurance for the VIC, with a reputable insurance carrier,
naming the CITY, elected officials, officers, agents and employees as an additional insured.
The insurance limits shall be a minimum of $1 million per occurrence and $2 million
aggregate. Evidence of such insurance coverage, in the form of a certificate from the
CHAMBER's insurer, will be provided to the CITY within fifteen (15) days from the end
of each calendar-year The CHAMBER also will furnish a new certificate of coverage to
the CITY forthwith, upon any change of insurance carrier by the CHAMBER. The
CHAMBER may not cancel this insurance without at least thirty (30) days prior written
notice to the CITY.
SECTION IX
INDEMNIFICATION
a. CHAMBER will indemnify defend and hold CITY, its elected officials, officers, agents
and employees, harmless from and against all claims, demands, actions, costs and expenses,
including attorneys' fees and costs of defense, which may be incurred by or asserted against
CITY, arising out of or resulting CHAMBER’s acts and omissions and the acts and omissions of
CHAMBER’s officers, subcontractors, agents and employees.
b. CITY will indemnify defend and hold CHAMBER, its officers, agents and employees,
harmless from and against all claims, demands, actions, costs and expenses, including attorneys'
fees and costs of defense, which may be incurred by or asserted against CHAMBER, arising out
of CITY’s acts and omissions and the acts and omissions of CHAMBER’s officers,
subcontractors, agents and employees.
SECTION X
COMPLIANCE WITH LAWS
The CHAMBER will comply with the provisions of all federal, state and local laws and ordinances
that are applicable to the VIC and its operations.
9.C.b
Packet Pg. 47 Attachment: Draft City-Chamber-VIC Agreement (1526 : Central Point Chamber of Commerce - Visitors Information Center Agreement)
SECTION XI
STATUS AS AN INDEPENDENT CONTRACTOR
In the performance of the work, duties, and obligations required of the CHAMBER under this
agreement, it is mutually understood and agreed that the CHAMBER is at all times acting and
performing as an independent contractor and not an agent, partner, or joint venture with the CITY.
The CITY shall neither have nor exercise any control over the methods by which the CHAMBER
performs its work and functions. The parties acknowledge that any contracts entered into between
the CHAMBER and any third party are not an obligation of the CITY, and the CHAMBER must
not represent that it has the power or authority to contractually bind or obligate the CITY.
SECTION XII
MODIFICATION
This Agreement may not be released, discharged, abandoned, changed, or modified in any manner,
except by an instrument in writing signed on behalf of each of the parties, by their duly authorized
representatives.
SECTION XIII
ASSIGNMENT
The responsibility for performing the CHAMBER's services under the terms of this Agreement
shall not be assigned, transferred, delegated or otherwise referred by the CHAMBER to a third
person without the prior written consent of the CITY.
SECTION XIV
NOTICES
For purposes of this Agreement, notices by one party to the other are deemed to be made if in
writing, sent by certified mail, return receipt requested to the other party, addressed as follows:
A. For the CHAMBER: Executive Director
Central Point Chamber of Commerce
150 Manzanita St.
Central Point, OR 97502
B. For the CITY: City Administrator
City of Central Point
140 S. 3rd Street
Central Point, OR 97502
IN WITNESS WHEREOF, this agreement is entered into as of ______________, 2022.
CITY OF CENTRAL POINT
_________________________
Mayor
CENTRAL POINT CHAMBER OF
COMMERCE
_____________________________
Director
9.C.b
Packet Pg. 48 Attachment: Draft City-Chamber-VIC Agreement (1526 : Central Point Chamber of Commerce - Visitors Information Center Agreement)
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Community Development
FROM: Stephanie Holtey, Planning Director
MEETING DATE: April 14, 2022
SUBJECT: Planning Commission Report
ACTION REQUIRED:
Information/Direction
RECOMMENDATION:
Not Applicable
The Central Point Planning Commission met at their regular meeting on April 5, 2022. There
were two items on the agenda including a discussion of Mobile Food Business code
amendment revisions and an information session on small wireless communication facilities.
MOBILE FOOD BUSINESS CODE AMENDMENT REVISIONS:
Staff presented revisions recommended to various sections of the Central Point Municipal Code
(CPMC) concerning mobile food businesses that were beyond the scope of changes
recommended by the Planning Commission at the March 1, 2022 meeting. Legal counsel and
staff coordinated on the changes needed to clarify the application requirements and standards
pertaining to site and operational requirements in Chapter 5.44. Moreover, it was necessary to
make changes in Title 17, Zoning to cross-reference the new standards in CPMC 5.44 with the
application requirements, procedures and zoning district land use tables. Although most of the
needed changes aligned with the original Planning Commission recommendation, there were a
few that did not. Planning Commissioners concurred that the recommended changes made the
requirements more clear and unanimously voted to schedule the public hearing at the Planning
Commission’s meeting on May 3, 2022.
SMALL WIRELESS FACILITIES:
Staff provided an information session pertaining to small wireless facilities and federal rules as a
precursor to preparing locally appropriate small wireless facility regulations and design
guidelines. The CPMC does not currently address these facilities and is out of compliance with
the Federal Communications Commission (FCC) rules pertaining to these facilities. The purpose
of the FCC rules is to accelerate small wireless communication technology deployment across
the nation by removing or minimizing regulatory barriers at the local level and ultimately creating
greater predictability for wireless providers. More specifically, the Small Cell Order establishes
specified review and approval timelines, fees and design requirement expectations (i.e. be
reasonable, no more burdensome than requirements for other utilities and objective). Following
the information session, the Planning Commission provided preliminary input that included
questions and concerns to keep in mind as staff prepares the first draft to be discussed at the
May 3, 2022 Planning Commission meeting.
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MISCELLANEOUS UPDATES:
The Planning Commission discussed an online training opportunity that would provide a holistic
overview of planning topics and issues important to Planning Commissioners. Commissioners
had questions about the applicability to Oregon planning and generally expressed support for
exploring this opportunity further. I will bring back a report on training at the May meeting. If we
proceed, the intent is to complete the coursework as a group during our regularly scheduled
meetings over a 12-month period.
Staff reported that we received a two (2) new applications concerning Scenic Middle School,
including a Variance and Site Plan and Architectural Review application. The public hearings for
these applications will be on either the May or June agenda.
Robin Stroh joined the Planning Commission this month. Robin took a few minutes to tell us a
little about herself. She moved to Central Point 4-years ago and enjoys living in Central Point.
Before joining the Planning Commission, she was a member of the Citizen’s Advisory
Committee.
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City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Public Works
FROM: Matt Samitore, Parks and Public Works Director
MEETING DATE: April 14, 2022
SUBJECT: Discussion - Jackson County Road Transfer
ACTION REQUIRED:
Information/Direction
RECOMMENDATION:
Not Applicable
BACKGROUND INFORMATION:
City staff has been in active dialogue with Jackson County Roads regarding transferring
jurisdiction of a number of county roads within the City of Central Point that are currently owned
by Jackson County. As funds have become available for the past ten years, the City has been
consistently adding county roads to the City street system. Instead of transferring jurisdiction on
a road-by-road basis, City and County staff developed an Intergovernmental Agreement (IGA)
to transfer these roads as part of the 21/23 FY Budget. In addition, the IGA sets forth additional
prior agreements between the City and County regarding road improvements and/or cash
contributions from Jackson County as a condition of road transfer.
The roads subject to the draft IGA are: (See Attachment A)
1. Pittview Avenue (Bursell Road to 100' east of Marilee Street)
2. Freeman Road (Beall Lane to Rose Valley Drive )
3. Gebhard Road (Beebe Road to Aristona Drive);
4. Beebe Road (100’ west of Hamrick Road to Gebhard Road);
5. South Hamrick (Biddle Road to Table Rock Road); and
Streets 1 and 2 listed above are currently maintined by the City; transferring jurisdiction will
make it easier for City maintenance and urban development. Streets 3-5 above are all within
either existing development or planned development and must become the City's as part of
existing urbanization agreements.
UPDATE: This was previously reviewed by Council in 2021. Since then both Jackson County
and the City have determined it’s in our best interest to exclude West Pine Street at this time
because of the current issues associated with the grant and the new Transportation Planning
Rules.
FINANCIAL ANALYSIS: Two of the roads are currently maintained by the City, South Freeman
and Pittview Avenue. The County will construct pavement treatment for South Hamrick as part
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of the transfer, which will help offset the costs of ownership. South Hamrick was previously
discussed as an urban transfer because of the existing annexations and development, such as
USF Reddaway, the Jackson County Justice Center, and the Knife River office. Street Utility
Fees are already being generated for these roads.
Beebe Road and Hamrick Roads are starting to get development activity on them. Jackson
County has agreed to do a chip seal on the roads when needed, thus deferring maintenance
costs until development around them is on-going. We anticipate the White Hawk Estates'
development will help offset expenses during the 21-23 FY budget..
LEGAL ANALYSIS: N/A
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
Community Investment, Goal 2, Strategy 2.
Community Investment Strategy Goal 5, Strategies 3, 4, and 5.
STAFF RECOMMENDATION: Recommend to bring back for a formal approval in at an
upcoming City Council Meeting.
RECOMMENDED MOTION: None. Discussion item only.
ATTACHMENTS:
1. Central Point-County JX IGA local streets_2022
2. Map
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Page 1 of 5: Intergovernmental Agreement between the City of Central Point and Jackson County
DRAFT ONLY
INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF CENTRAL POINT, OREGON, AND JACKSON COUNTY,
OREGON, FOR THE IMPROVEMENT AND JURISDICTIONAL TRANSFER OF
PORTIONS OF PITTVIEW AVENUE, FREEMAN ROAD, GEBHARD ROAD, SOUTH
BEEBE ROAD, AND SOUTH HAMRICK ROAD
THIS INTERGOVERNMENTAL AGREEMENT (hereinafter "Agreement") is entered into
by and between the CITY OF CENTRAL POINT, an Oregon municipal corporation (hereinafter
"CITY"), and JACKSON COUNTY, a political subdivision of the State of Oregon (hereinafter
"COUNTY"), collectively referenced herein as the PARTIES, for the jurisdictional exchange of
COUNTY roads within the CITY.
WHEREAS, the COUNTY presently has jurisdiction over COUNTY maintained roads that
are within the corporate limits of the CITY, including:
1. Pittview Avenue (Bursell Road to 100’ west of Marilee Street)
2. Freeman Road (Beall Lane to Rose Valley Drive )
3. Gebhard Road (Beebe Road to Aristona Drive);
4. Beebe Road (200’ west of Hamrick Road to Gebhard Road);
5. South Hamrick (Biddle Road to Table Rock Road); and
WHEREAS, the COUNTY desires to provide financial assistance to the CITY to aid in the
construction of the Hamrick Road Project and to make improvements and/or a cash contribution
to repave South Hamrick from Biddle Road to 1,100’ feet south of said intersection; and
WHEREAS, the COUNTY desires to provide asphalt repairs and a chip seal on Gebhard and
Beebe Roads from Aristona Drive to 1,400’ north of the Beebe/Gebhard Intersection.
WHEREAS, the CITY has an ongoing street maintenance and improvement program for
roads and streets within the city limits; and
WHEREAS, the PARTIES desire to exchange road jurisdiction of certain COUNTY
maintained and operated roads within the corporate limit of the CITY as provided below); and
WHEREAS, the CITY received a grant from the Rogue Valley Metropolitan Planning
Organization to improve West Pine Street between Glenn Way and Brandon Avenue. The
improvement project is scheduled for 2025; and
WHEREAS, the CITY and COUNTY are authorized to enter into such an agreement
pursuant to Chapter 190 of the Oregon Revised Statutes.
DEFINITIONS
Commented [MK1]: See attached agreement. This
portion of Freeman was a local access road and was no
longer County jurisdiction once annexed, per ORS 368.031.
Commented [MS2R1]: This hasn’t been annexed yet, still
outside of the City Limits.
Commented [MK3]: Does city was Beebe r/w from Gebhard to termination on west side of Bear Creek?
Commented [MS4R3]: Yes, we would want all of Beebe Road, from current boundary with Hamrick to terminus.
Commented [SD5]: You added “immediately” but in the
agreement below it states within 180-days of the effective
date. Which is it?
Commented [MK6]: How about with project construction
Notice to Proceed?
Commented [MS7R6]: Great Idea.
10.B.a
Packet Pg. 53 Attachment: Central Point-County JX IGA local streets_2022 (1525 : Jackson County Intergovernmental Agreement for Road Transfers - 2022)
Page 2 of 5: Intergovernmental Agreement between the City of Central Point and Jackson County
“Subject Roads” is defined and described as all land within the public right of way boundaries
of the roads as follows:
i. Pittview Avenue (Bursell Road to 100’ west of Marilee Street)
ii. Freeman Road (Beall Lane to Rose Valley Drive )
iii. Gebhard Road (Beebe Road to Aristona Drive);
iv. Beebe Road (200’ west of Hamrick Road to Gebhard Road);
v. South Hamrick (Biddle Road to Table Rock Road); and
AGREEMENT
NOW, THEREFORE, in consideration of the obligations, terms and conditions contained
herein, it is mutually agreed by the CITY and COUNTY as follows:
1. CITY OBLIGATIONS
A. Within 180 calendar days of the Effective Date of this Agreement, the CITY shall
consider passage of appropriate municipal legislation (as described in ORS
373.270(6)(a)) requesting that the COUNTY surrender all right, title, interest,
jurisdiction, maintenance, and control of the Subject Roads to the CITY. The CITY
may place conditions on this request as set forth in Subsection 2.B. of this
Agreement.
2. COUNTY OBLIGATIONS
A. Within 90 days of receipt of appropriate municipal legislation (as described in ORS
373.270(6)(a)) requesting the surrender of all right, title, interest, jurisdiction,
maintenance, and control of the Subject Roads, the COUNTY shall provide notice
and hold a public hearing to consider the request as described in ORS 373.270.
B. If following the public hearing as required in subsection 2.A. of this Agreement, the
COUNTY determines to surrender jurisdiction as requested, COUNTY shall adopt an
Order surrendering jurisdiction with the following conditions:
i. Concurrent with the transfer of jurisdiction for South Hamrick
Road from Biddle to 1,100 feet south of said intersection, the COUNTY shall
make a one-time payment to the City funds in the amount of $230,000.00,
constituting the estimated amount to complete necessary pavement improvements,
including a full grind and inlay for said portion of the road.
ii. The COUNTY will provide a chip seal on Gebhard Road from
Aristona Avenue to 1,400 feet north of the Beebe/Gebhard intersection within
twelve (12) months following transfer of jurisdiction to City of said road.
Commented [SD8]: Should this read Beall Lane “to” Rose Valley Drive?
Commented [MS9R8]: No.
Commented [SD10]: Again is this a condition prior to
turnover of jurisdiction?
10.B.a
Packet Pg. 54 Attachment: Central Point-County JX IGA local streets_2022 (1525 : Jackson County Intergovernmental Agreement for Road Transfers - 2022)
Page 3 of 5: Intergovernmental Agreement between the City of Central Point and Jackson County
iii.
C. COUNTY agrees to furnish any and all maps, records, permits, as-built drawings and
any other related data in COUNTY’s possession upon adoption of the Order
described in Subsection 2.B. of this Agreement.
3. EFFECTIVE DATE. This Agreement shall become effective upon its execution by both
Parties. If the Parties sign on separate dates, the latter date shall become the Effective
Date.
4. GENERAL PROVISIONS
A. Indemnification. Unless prohibited by the Oregon Tort Claims Act or the Oregon
Constitution, and subject to the limits of the Oregon Tort Claims Act, the PARTIES shall
indemnify and hold harmless each other as follows:
i. Indemnification by City. The CITY shall defend, indemnify and hold
harmless the COUNTY, its elected officials, officers, deputies, employees and agents
from any and all costs, claims, judgments or awards of damages resulting from claims
concerning acts or omissions of the CITY, its officers, employees, elected officials, or
agents acting under this Agreement.
ii. Indemnification by County. The COUNTY shall defend, indemnify and
hold harmless the CITY, its elected officials, officers, deputies, employees and agents
from any and all costs, claims, judgments or awards of damages resulting from claims
concerning acts or omissions of the COUNTY, its officers, employees, elected officials,
or agents acting under this Agreement.
B. Amendments. This Agreement may be amended at any time by the mutual written
agreement of both the CITY and the COUNTY.
C. Entire Agreement. This Agreement contains the complete understanding of the parties
with respect to the subject matter hereof. Any prior agreements, promises, negotiations,
or representations of or between the parties, either oral or written, relating to the subject
matter of this Agreement, which are not expressly set forth in this Agreement, are null
and void and of no further force or effect.
D. Waiver. The waiver by either party of a breach or violation of any provision of this
Agreement shall not operate or be construed as a waiver of any subsequent breach
thereof. No delay or failure to require performance of any provision of this Agreement
shall constitute a waiver of that provision as to that or any other instance.
E. Severability. If any of the provisions contained in this Agreement are held illegal, invalid,
or unenforceable by a court of competent jurisdiction, the remaining provisions shall
remain in full force and effect.
10.B.a
Packet Pg. 55 Attachment: Central Point-County JX IGA local streets_2022 (1525 : Jackson County Intergovernmental Agreement for Road Transfers - 2022)
Page 4 of 5: Intergovernmental Agreement between the City of Central Point and Jackson County
F. Counterparts. This Agreement may be executed in several counterparts, all of which when
taken together shall constitute one agreement binding on all Parties, notwithstanding that
all Parties are not signatories to the same counterpart. Each copy of this Agreement so
executed shall constitute an original.
G. Debt Limitation. This Agreement is expressly subject to the debt limitation of the Oregon
counties set forth in Article XI, Section 10, of the Oregon Constitution, and is contingent
upon funds being appropriated therefore.
H. Termination for Breach. This Agreement may be terminated in the event of a breach of the
Agreement by any party. Prior to such termination the party seeking termination shall
give to the other party written notice of the breach and intent to terminate. If the party
committing the breach has not entirely cured the breach within fifteen (15) calendar days
of the date of notice, or within such period as the party giving notice may authorize or
require, then the Agreement may be terminated at any time thereafter by a written notice
of termination by the party giving notice. The rights and remedies of the parties provided
in this subsection are not exclusive and are in addition to any other rights and remedies
provided by law or under this Agreement.
I. Notice. Any notice to another party of this Agreement that is required or permitted under
this Agreement is deemed received by the other party: three (3) days after deposited in
the United States mail, certified and postage paid, and addressed to the address set forth
below or to such other address as may be specified from time to time by either of the
parties in writing or upon the actual date of personal delivery or service.
If to Jackson County:
Jackson County – County Administrator
10 South Oakdale, Room 214
Jackson County, Oregon 97501
If to the City of Central Point:
City of Central Point- City Manager
140 South Third Street
Central Point, Oregon 97520
10.B.a
Packet Pg. 56 Attachment: Central Point-County JX IGA local streets_2022 (1525 : Jackson County Intergovernmental Agreement for Road Transfers - 2022)
Page 5 of 5: Intergovernmental Agreement between the City of Central Point and Jackson County
IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their
respective names by their duly authorized representatives as of the dates set forth below.
CITY OF CENTRAL POINT: JACKSON COUNTY:
______________________________ ______________________________
Chris Clayton, City Manager Danny Jordan, County Administrator
Date: ________________________ Date: _________________________
10.B.a
Packet Pg. 57 Attachment: Central Point-County JX IGA local streets_2022 (1525 : Jackson County Intergovernmental Agreement for Road Transfers - 2022)
WILSON RD
PENINGER RD
N 10TH ST
BEALL LN TABLE ROCK RDGEBHARD RDW. PI N E ST N 3RD STAS H STS 1ST ST
HOPKINS RD HAMRICK RDE. P IN E S TSCENIC AVE
MA PLE ST
S 4TH ST
TAYLOR RD LAU REL ST
ROG
UE VALLEY HW 99
S 2ND ST UPTON RDGLENN WAYO AK ST
BUSH S TN 5TH ST
N 7TH ST
N 8TH ST
N 6TH ST
N 4TH ST
N 1ST ST
BRANDON ST
HA ZEL STCHER RY ST
MAN ZAN ITA S THANLEY RDPITTVIEW AVE
ALDE R S TBEEBE RD
S 5TH ST
N 2ND ST
N FRONT ST
DONNA WAYFREEMAN RDBIDDLE ROAD
LARA LNROCK WAYBU CK PO IN T S TAMY ST
GRANT RD
ORTH DR
GLENGROVE AVEMENDOLIA WAYJUANITA WAY
MEADO
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S 6TH ST
FOREST GLEN DR
S 3RD ST
S HASKELL ST
TIMOTHY ST
EDWINA AVEN 9TH ST
S 7TH ST
N HASKELL ST
CEDAR ST
RABUN WAY
CHICORY LNNAPLES DRCROWN AVEW VILAS RD
BROOKDALE DR
VISTA DR
COACHMAN DRHEMLOCK AVE
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ST. JAMES WAY
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DAFFNEY LNSUMMERLIN DR
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N 3RD ST
CE DAR STSILVER CREEK DRN 5TH STCHICORY LNFREEMAN RDN HASKELL ST
N 9TH ST
ASH S TRABUN WAY
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N HASKELL ST
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HAZ EL STCHERRY STN HASKELL ST
C HERR Y ST
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TIERRA LINDA DR
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¯
0 0.45 0.90.225 Miles
10.B.b
Packet Pg. 58 Attachment: Map (1525 : Jackson County Intergovernmental Agreement for Road Transfers - 2022)