City of North Plains · City of North Plains Agenda City Council - Regular Session Meeting Tuesday, February 19, 2019 @ 7:00 PM North Plains Senior Center 31450 NW Commercial Street

NORTH PLAINS CITY COUNCIL - REGULAR SESSION AGENDA PACKET Tuesday, February 19, 2019

City of North Plains

Agenda

City Council - Regular Session Meeting

Tuesday, February 19, 2019 @ 7:00 PM

North Plains Senior Center

31450 NW Commercial Street

Page

1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. CONSENT AGENDA:

(The items on the Consent Agenda are normally considered in a single motion. Any item may be removed for separate consideration upon request by any member of the Council.)

A. Approval of February 19, 2019 City Council Regular Session Agenda B. Approval of January 22, 2019 City Council Minutes.

□ City Council - Regular Session - 04 Feb 2019 - Minutes

3 - 5

5. PUBLIC COMMENT:

(Persons wishing to speak on matters not on the agenda may be recognized at this time. Speakers must complete a “Public Comment Registration form” on the information table and return it to the City Recorder. You are not required to give your address when speaking to the City Council, only your name. Presentations are limited to five minutes.)

6. PRESENTATION 7. STAFF REPORTS A. Library Director's Monthly Department Report

□ Library Directors Report Feb 2019

6 - 12

B. Chief of Police Monthly Department Report

□ Police Department Staff Report Feb 2019

13 - 14

C. Public Works Director's Monthly Department Report

□ Public Works Staff Report February 2019

15

D. Land use applications for the previous month

□ Land use Applications thru Feb. 9 2019

16

E. Finance Report

□ January 2019 Financial Report

17 - 27

8. RESOLUTIONS: A. 2019 Council Retreat Strategic Goals

□ Resolution No 2031 Council Retreat Goals Staff Report 02.19

□ Resolution No 2031 Council Goals

28 - 43

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NORTH PLAINS CITY COUNCIL - REGULAR SESSION AGENDA PACKET Tuesday, February 19, 2019

B. Seismic Water Study

□ Res 2030 Stantec Seismic Study Staff Report 02.19.19

□ Resolution No 2030 Seismic Water Study Proposal

44 - 61

C. Mark43 - Police Records/Evidence Management

□ Resolution No 2029 Mark43 Contract Approval

62 - 89

9. NEW BUSINESS: 10. UNFINISHED BUSINESS: 11. CITY MANAGER REPORT 12. COUNCIL REPORTS A. Council reports will be provided by the Mayor and City Councilors on meetings

attended and other items

B. Review March 2019 Council Calendar

□ 2019 Calendar of NP City Meetings

□ 2019 March Calendar all Meetings

90 - 91

13. ADVICE/INFORMATION ITEMS: A. Washington County notices

□ Washington County notices for info only

92 - 97

14. ADJOURNMENT:

*****

North Plains City Council meetings are accessible for disabled individuals. The City will also endeavor to provide services for persons with impaired hearing or vision and other services, if requested, at least 48 hours prior to the meeting. To obtain services, please call City Hall at (503) 647-5555

*****

The following City Council Meetings are scheduled to be held at the North Plains Senior Center, 31450 NW Commercial Street, North Plains, Oregon.

The meetings will be held on the following dates at 7:00 p.m.:

Monday, March 4, 2019 Monday, March 18, 2019 Monday, April 1, 2019

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MINUTES

City Council - Regular Session Meeting

Monday, February 4, 2019 North Plains Senior Center 7:00 PM

COUNCIL MEMBERS:

Mayor Teri Lenahan; Council President Russ Sheldon; Councilors: Garth Eimers, James Fage, Robert Kindel, Jr., Cameron Martinez, Rickey Smith,

STAFF PRESENT: City Manager Andy Varner, City Recorder Lori Lesmeister

OTHER:

1 CALL TO ORDER at 7:06 pm

2 PLEDGE OF ALLEGIANCE

Dispensed with the Pledge as it was done at the start of the 6:00 pm Work Session

3 ROLL CALL

All Councilors in attendance

4 CONSENT AGENDA:

(The items on the Consent Agenda are normally considered in a single motion. Any item may be removed for separate consideration upon request by any member of the Council.)

a) Approval of February 4, 2019 City Council Regular Session Agenda b) Approval of January 22, 2019 City Council Minutes.

c) Proclamation - 2019 the Year of the Veteran

Motion to approve the Consent Agenda.

Moved by Councilor Kindel. Second by Councilor Eimers.

Motion was approved unanimously.

5 PUBLIC COMMENT: None

6 RESOLUTIONS: a) Three Resolutions to appoint/reappoint members to the Parks & Recreation

Board, and to restructure the membership of the Board

Patti Burns, current member of the Parks and Recreation Board requesting reappointment, was in attendance.

Emily Silverman, the recommended candidate to fill the vacancy on the Parks and Recreation Board was in attendance. She gave a brief overview of why she would like to be a member of the board and answered questions from Council.

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City Council - Regular Session Minutes

February 4, 2019

Doug Nunnenkamp, Chair of the Parks and Recreation Board was in attendance to give a brief overview of the desire of the board to add a non-voting youth advisory position to the board. Questions and brief discussion ensued. Move to adopt Resolution No. 2022 reappointing Patti Burns to the Parks & Rec Board for a term ending June 30, 2020

Moved by Councilor Sheldon. Second by Councilor Smith.


Move to adopt Resolution No. 2027 appointing Emily Silverman to fill a vacancy on the Parks & Rec Board for a term ending June 30, 2019

Moved by Councilor Kindel. Second by Councilor Eimers.


Move to adopt Resolution No. 2028 creating a Parks & Rec Youth Advisory position Moved by Councilor Eimers. Second by Councilor Fage.


7 NEW BUSINESS: None

8 UNFINISHED BUSINESS: None

9 CITY MANAGER REPORT a) Councilor Sheldon asked if there was a timeline as to when email histories would be

straightened out, as he is still unable to see his older emails. City Manager Varner said he will contact Hillsboro IT tomorrow and see what he can find out.

Councilor Smith asked when the way-finding signs would be back up. It was consensus that it will probably be June before they are reinstalled, as the temperatures have to be warmer, and for a longer period of time for the cement to be able to set up correctly.

Councilor Smith said that he sent out a poll to the HOA members in Sunset Ridge asking where they would like to see the City message board placed. It was decided that it would be at the Circle Park. City Recorder Lesmeister said that once the message board is moved to the new location all city meeting notices will be posted there along with library information.

Brief discussion on the North Avenue realignment. City Manager Varner noted that there is a TSP meeting at City Hall tomorrow, Feb. 5, 2019, at 5:30 pm

10 COUNCIL REPORTS a) Councilor Fage attended the Westside Economic Alliance breakfast last week and

gave a brief update. Council reports will be provided by the Mayor and City Councilors on meetings attended and other items

b) Review February 2019 Council Calendar

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City Council - Regular Session Minutes

February 4, 2019

11 ADVICE/INFORMATION ITEMS:

12 ADJOURNMENT: at 7:56 pm

Teri Lenahan, Mayor

Lori Lesmeister, City Recorder Date Approved ________________

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CITY OF NORTH PLAINS – LIBRARY DEPARTMENT REPORT FOR FEBRUARY

TO: ANDY VARNER, CITY MANAGER, CITY COUNCIL MEMBERS

CC: LIBRARY BOARD

FROM: WILL WORTHEY, LIBRARY DIRECTOR

STATISTICS FOR JANUARY 2019 AND RECENT MONTHS

HISTORICAL COMPARISON DATA FY 2008 – 2018

2008- 2009

2009- 2010

2010- 2011

2011- 2012

2012- 2013

2013-2014

2014- 2015

2015-2016

2016- 2017

2017- 2018

Avg door count per month 2,046 2,130 2,191 2,977 2,953 3,100 3,137 3,264 3,384 3,961

Avg monthly circulation 3,177 3,455 4,651 5,167 5,087 5,257 5,062 5,074 5,508 6,100

RECENT MONTHS 2018-2019

APRIL MAY JUNE JULY AUG SEPT OCT NOV DEC JAN

Recent months door count 3,752 4,930 3,942 3,567 3,832* 3,445 4,033 3,402 3,839 4,012

Last year, same month door count 4,394 4,934 3,908 3,761 4,371 3,516 4,175 3,983 3,432 3,979

Recent months circulation per month 6,644 6,344 6,494 6,719 6,961 6,110 6,499 6,238 5,621 6,604

Last year circulation per month 5,825 5,682 5,673 5,810 6,581 5,334 6,047 5,748 6,228 6,526

Notes

* Gate was down for part of the listed period.

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For January there was a modest growth in both circulation and door count when benched against January 2018. During the month, 70

children and adults attended Book Babies story times and 111 children and adults attended story times for preschoolers. Fun was had

by all.

ANNOUNCEMENTS: NUTS AND BOLTS

The audio visual equipment has been deployed and tested at the Jessie Mays Center. Currently, colors are being considered for a

repaint of the premises. During January all of the Library staff PC’s were outfitted with some extra memory to keep them up to date as

they approach the mid-point on their life cycle.

ANNOUNCEMENTS: ART MATTERS

Here is a rundown of our art offerings coming up in the next few months:

Artist’s Trading Cards

Each month Marie Buckley and other local artists meet to share Artist Trading Cards (ATCs). These miniature works of art are designed

to match a set theme and are about the size of a baseball card. The event occurs at 6pm on the third Thursday evening of each month.

This is a fun way to meet other artists and exchange art creations. The ATC exchange is free and open to the public.

Our ATC topics for 2019 are as follows:

February is Red. March is Opposites, April is Shoes, May is Candyland, and June is Organic. For the second half of the year topics will

include Vintage for July, Bugs for August, Proverbs for September, Disasters for October, Horses for November, and Stars for

December.

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In library art display

In February the Library will continue to feature the stunning art of Jake Johnson aka Jaker. Here is what the artist had to say about his

background:

“Jaker is an artist and art enthusiast. Jaker’s artistic aesthetic is informed by a formal training in painting, drawing, printmaking and

graphic design. As an art enthusiast Jaker is committed to studying art history as well as fallowing trends in the contemporary art world

and world events. You can find more of Jaker’s art on Instagram”.

In March and April we will be displaying a collective work by the Sunday afternoon collage group. The Sunday Afternoon Collage group

is a loose association of friends who come together at the home of one of the members on one Sunday per month. Unlike other groups,

there are no mandated themes, and the freestyle creation is appreciated. Collage is a broad category and includes mixed media. This

will create a vibrant and varied display.

Craft Guild meeting

Join our informal group of knitters and quilters from 6pm until 8pm on the first Wednesday evening of each month. Anyone interested in

gathering for camaraderie as you work on your individual projects is welcome to do so at the library. This is intended to be an informal

get-together of crafters, with no formal instruction.

ANNOUNCEMENTS: YOUTH SERVICES

The following items summarize our upcoming program offerings for younger library patrons:

Joint assembly with North Plains Elementary School

In coordination with the local elementary school we will be sponsoring an African dance assembly on February 25th and will use the

event to message the kids about the importance of reading and having a library card.

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OBOB Writers Club

The OBOB Writers Club has a great lineup for the winter. The OBOB Club gathers to read, write, and discuss one book per month for

both 3-5 and 6-8 grade divisions. Here are the details of upcoming OBOB meetups:

3rd-5th Grade

Wednesday February 27, 3:30pm until 4:30pm. Real Friends by Shannon Hale.

Wednesday March 20, 3:30pm until 4:30pm. Ugly by Robert Hoge

Wednesday April 24, 3:30pm until 4:30pm. The Infinity Year of Avalon James by Dana Middleton

6th-8th Grade

Wednesday February 27, 4:30pm until 5:30pm. The Sword of Summer by Rick Riordan

Wednesday March 20, 4:30pm until 5:30pm. The Luck Uglies by Paul Durham

Wednesday April 24, 4:30pm until 5:30pm. Avenging the Owl by Melissa Hart

Book Babies story times

Babies 0-12 months are invited to hear stories, enjoy finger plays, and share songs and rhymes with Early Childhood Specialist, Ms.

Em, every Tuesday at 10:00am in the program room in the library.

Story times

Children ages 0-6 are invited to participate every Wednesday at 11:30am in the children's section of the library. Here is a run-down on

some of our upcoming story time themes for the next few months:

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February 20 – Puddles and rain.

February 27 – Special guest storytime with the police department.

March 6 – A rainbow of colors.

March 13 – Robots attack.

March 20 – Rumbles in the jungle.

March 27 – Special guest storytime with veterinarian Dr. Tom.

April 3 – The sheep arrive.

April 10 – Sleepy head.

April 17 – Spring into spring!

April 24 – Special guest storytime with Mayor Lenahan.

ANNOUNCEMENTS: ADULT SERVICES

Here is a rundown on the adult focused news and programs that occurred recently or are scheduled to occur next month. All are

welcome at our programs.

Let’s get serious about Pie for Pi Day

Come and join the Library staff for Pi Day happiness! We will be discussing our favorite pie recipes, and of course sampling the goods!

We will meet at Jessie Mays on March 14 from 6pm until 7pm. Admission is free but a reservation is required for this event, and it is

recommended that you bring pie. Please call the North Plains Public Library to reserve your spot: (503) 647-5051. See you at Jessie

Mays Community Center for a Pi Day of happiness.

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Word Play

The library is proud to host a monthly writers group titled Word Play for patrons 18 and older. It meets once a month on the first

Thursday of the month from 5pm until 7pm at the library.

Here is a statement from the organizer Marie Buckley:

“If you like to write and would enjoy meeting with others to exercise your creative muse, this is the opportunity! Come and play with

words at the library! Each meeting will begin with a short shared writing warm-up and then move into the monthly topic. We will discuss

the topic, brainstorm ideas, and spend 20 to 30 minutes writing. After that, we will take turns sharing what we wrote by reading aloud.

Participants will gain new ideas to write about and commit memories and life experiences to paper. This is not a critique group, but

rather a time to create, move words around, and have fun”.

Library Book Club

New members are always welcome to join in the monthly discussions. The group meets regularly once a month, usually on the last

Wednesday of each month at 7pm at the North Plains Public Library. Here is the exciting run down for 2019:

Feb. 27 – Beartown – Fredrik Backman (Suggested by Rich Fuhs)

Mar. 27 – Stranger in the Woods – Michael Finkel (Suggested by Carolyn Leavitt)

April 24 – The Friend – Sigrid Nunez (Suggested by Dale Wilhelm)

May 29 – Born a Crime – Trevor Noah (Suggested by Mike Spooner )

June 26 – The Library Book - Susan Orlean (Suggested by Mark Leavitt & Dale Wilhelm)

July 31 – Family Trust – Kathy Wang (Suggested by Jennifer Knowles)

Aug. 28 – A Thread of Grace – Mary Doria Russell (Suggested by Karen Conklin)

Sept. 25 – Nine Perfect Strangers – Liane Moriarty (Suggested by Jennifer Knowles)

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Oct. 30 – Educated – Tara Westover (Suggested by Janet Bailey & Kris Kelley)

Nov. 27 – My Grandmother Asked Me to Tell You She’s Sorry – Fredrik Backman (Suggested by Lori Andresen)

Dec. 26 – The Good Neighbor – Maxwell King (Suggested by Kris Kelley)

ANNOUNCEMENTS: UPCOMING MEETINGS The following is a listing of the library related meetings scheduled for the next few months:

Friends of the North Plains Public Library

Our supportive Friends group usually meets quarterly on Monday evenings in the Library at 7pm and all members are invited to attend.

Dates for upcoming Friends meetings are proposed to be:

March 11, 2019

June 10, 2019

Library Board

Our board will generally meet on the third Wednesday of each month at 7pm to discuss the library, its goals, and objectives.

The next meeting of the Library Board will occur on February 20, and then on March 20.

Mark your calendar

May 4 Art of the Story blues event at the Jessie Mays center.

May 10 Latin American flavored mother’s day celebration.

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CITY OF NORTH PLAINS

31360 NW Commercial Street, North Plains, Oregon 97133

Date: January 21th 2019

To: Mayor and City Council

From: Police Chief Jesse Baker

Subject: Department Update

Calls for service January 2019: NPPD officer’s responded/self-initiated to 339 calls for

service. These calls range from dispatch calls for service, investigative stops, and calls

to city hall and city ordnance violations investigations.

The NPPD reserves put in 96 volunteer hours for the month of January 2019. The following information was obtained from Washington County PSWEB.

Patrol: CrossCAD: Beat Grid

January 2019

BEAT R Y2 Y3 PD SI Total

W70 North Plains/Washington County 1 30 9 6 50 56

W71 North Plains/Washington County 1 29 12 8 45 53

Washington County 1 0 0 0 10 10

B1 Beaverton 1 0 0 0 1 1



H1 Hillsboro 0 1 1 0 3 3




N1 North Plains 18 77 10 45 162 207

ALL 25 138 33 60 279 339

R-Reports

Y2-Warnings

Y3-Citaiton

PD-Public Demand

SI-self initiate

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0

50

100

150

200

250

300

350

400

450

500

2016 2017 2018 2019

January Police Statistics

PD SI R

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Agenda Item



Date: February 19, 2019


From: Public Works Director – Blake Boyles

Subject: Public Works Staff Report

Plan/Project/Misc.

Public Works crews have completed the AV Equipment install with the Library staff at Jessie Mays.

The City Center sign is up and planting of Boxwood will begin after the chance of a freeze is behind us.

The Community Garden facelift is almost complete, soil filing will be completed once things dry out.

The City Hall and Library security systems were delayed to a mix up on Johnson Controls part. Installation started on the 13th and should be completed within a week to 10 days.

Work on the new reservoir design continues.

The Ghost Creek Pedestrian Improvements project continues to move forward.

West Union Pedestrian Project status, design is looking at a possible relocation of the Ped Bridge due to a culvert that was discovered during the soil sample procedure. Talks with Washington County has improved outlook for the location of the bridge and footings.

Crews have been busy with preparation for snow/ice and handling flooding issues. Grants

The Oregon Department of Parks and Recreation Veterans Memorial grant application has been submitted. Other sources of funding are being explored.

Ive been working on an Application for another WCVA grant also for the Veterans Park. New Development

G4 Archery which is going in off of Highland Ct will be breaking ground at anytime. Approved plans have been stamped for construction.

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PERMIT #

Subproject: LU

TYPE/BP/FN/SN/ROW/

etc APPLICANT DESCRIPTION/TYPE ADDRESS RECEIVED

APP FEE

PAID APP FEE

19-005 Temporary Use Permit Sage Built Homes

Job shack, Lot 42

Kemmer II 2/1/2019 2/1/2019 $175.00

19-006 Building permit Sage Built Homes Lot 36 Kemmer II 10345 NW 306th Ave 2/1/2019 2/1/2019 $430.00




19-010 SNRO City of North Plains

West Union Ped

Improvements 2/8/2019 2/8/2019

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To: North Plains City Council From: Andy Varner, City Manager, and Debbie Smith-Wagar, Smith-Wagar Brucker Consulting Re: Monthly Financial Report for January 2019 Date: 2/14/19 The January 2019 monthly and year-to-date financial report follows this memo. Highlights: The end of January marks 58.33% of the year in terms of time passed. Departments and funds are in line with that percentage. Some expenses, like the City’s property liability insurance, is paid at the beginning of July for the full year, so not all expenses are paid evenly across the year. This is taken into account when analyzing “% of Budget”. The majority of property taxes have been received for fiscal year 2019. Taxes in the General Fund, which are unrestricted revenue, will likely exceed budget by a small amount. Taxes in the Urban Renewal Fund, which are restricted for urban renewal projects, has already exceeded budget by a significant amount. Intergovernmental revenue in the General Fund includes marijuana taxes from the State, which were included with liquor taxes in the past. Marijuana taxes are turned over to the City quarterly and are running approximately $2,200 per quarter ($8,800 expected for the year). The City has received the Washington County Cooperative Library System (WCCLS) Pool 2 distribution for the year - $7,987. This money will be included in an upcoming supplemental budget request so it can be spent. In the Gas Tax Fund, the County Vehicle Registration Fee has been split out from the County Gas Tax. You may recall that the County did not give us an estimate of how much money the Vehicle Registration Fee would generate, so we did not budget it. The revenue is averaging about $3,500 per month and may be included in an upcoming supplemental budget request. Overall, operating revenue is exceeding budget. System Development Charges (SDCs) are currently lagging budget but are received unevenly throughout the year and are not budgeted to be spent until they are received. For expenses, management is tracking the Police and Parks budgets in the General Fund. Both departments have spent more than expected for repairs and maintenance. This will be monitored to make sure budgets and services are aligned.

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General Fund - 100Budget Month YTD* % of Budget

ResourcesBeginning Fund Balance 1,000,000 - 864,963 86%

RevenuesProperty Taxes 548,051 2,990 542,120 99%Licenses, Permits, Fees 523,555 34,840 225,892 43%Intergovernmental 238,742 10,628 199,705 84%Fines & Forfeitures 30,000 2,349 20,997 70%Grants and Donations 30,800 478 35,651 116%Other Revenue 57,000 7,095 58,484 103%Transfers In 18,130 18,130 18,130 100%

Total Revenues 1,446,278 76,510 1,100,979 76%Total Resources 2,446,278 76,510 1,965,942 80%

RequirementsExpenditures

General Government 276,052 24,335 156,716 57%Police 486,416 33,435 288,178 59%Library 392,877 29,215 204,804 52%Culture and Recreation 18,700 267 9,281 50%Parks 51,773 3,508 33,132 64%Planning 283,173 41,040 157,941 56%Transfers Out 29,855 1,302 14,928 50%Contingency 100,000 - - 0%

Total Expenditures 1,638,846 133,102 864,980 53%Change in Fund Balance (192,568) (56,592) 235,999 -123%Ending Fund Balance 807,432 - 1,100,962 136%

Total Requirements 2,446,278 133,102 1,965,942 80%*Note: Financials presented are not the official audited financials of the City of North Plains, but represent the current financial situation and may change with further accounting review.

CITY OF NORTH PLAINSFor the month of January 2019

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Street Fund - 111Budget Month YTD* % of Budget

ResourcesBeginning Fund Balance 142,560 - 141,799 99%

RevenuesTUF 30,350 2,797 19,474 64%Gas Tax-State 167,500 20,043 133,523 80%Gas Tax-County 9,200 899 6,617 72%Vehicle Registration Fees - 3,675 21,263 0%Grants 50,000 - 50,000 100%Interest 1,000 494 6,601 660%Transfers In 10,000 - - 0%

Total Revenues 268,050 27,908 237,478 89%Total Resources 410,610 27,908 379,277 92%


Personnel Services 113,435 2,622 62,274 55%Materials and Services 53,100 4,753 29,406 55%Capital Outlay 95,000 - 64,821 68%Transfers Out 1,000 - 500 50%Contingency 30,000 - - 0%

Total Expenditures 292,535 7,375 157,001 54%Change in Fund Balance (24,485) 20,533 80,477 -329%Ending Fund Balance 118,075 - 222,276 188%

Total Requirements 410,610 7,375 379,277 92%*Note: Financials presented are not the official audited financials of the City of North Plains, but represent the current financial situation and may change with further accounting review.


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Budget Month YTD* % of BudgetResources

Beginning Fund Balance 266,053 - 227,409 85%Revenues

SDC's 69,100 10,365 22,803 33%Interest 5,000 3,554 8,244 165%



Capital Improvement - - - 0%Total Expenditures - - - 0%

Change in Fund Balance 74,100 13,919 31,047 42%Ending Fund Balance 340,153 - 258,456 76%

Total Requirements 340,153 - 258,456 76%*Note: Financials presented are not the official audited financials of the City of North Plains, but represent the current financial situation and may change with further accounting review.


Transportation SDCs

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Trans. Dev. Tax - 130Budget Month YTD* % of Budget

ResourcesBeginning Fund Balance 1,383,680 - 2,505,869 181%

RevenuesTDT 845,800 98,574 255,282 30%Interest 21,000 2,652 19,919 95%

Total Revenues 866,800 101,226 275,201 32%Total Resources 2,250,480 101,226 2,781,070 124%


Capital Projects - - - 0%Contingency - - - 0%

Total Expenditures - - - 0%Change in Fund Balance 866,800 101,226 275,201 32%Ending Fund Balance 2,250,480 - 2,781,070 124%

Total Requirements 2,250,480 - 2,781,070 124%*Note: Financials presented are not the official audited financials of the City of North Plains, but represent the current financial situation and may change with further accounting review.


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Trans. Impact Fee - 132Budget Month YTD* % of Budget


RevenuesInterest 2,300 4,006 16,291 708%



Capital Outlay 302,789 - 4,879 2%Total Expenditures 302,789 - 4,879 2%

Change in Fund Balance (300,489) 4,006 11,412 -4%Ending Fund Balance - - 312,282 0%



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Water Fund - 210Budget Month YTD* % of Budget


RevenuesCharges, Fees, Fines 1,300,000 95,082 789,755 61%Interest 22,000 722 6,492 30%

Total Revenues 1,322,000 89,391 796,247 60%Total Resources 2,787,940 89,391 2,252,568 81%


Personnel Services 436,141 24,415 253,572 58%Materials and Services 427,200 28,039 234,383 55%Capital Projects 410,000 49,175 301,635 74%Transfers Out 20,000 - 10,000 50%Contingency 100,000 - - 0%

Total Expenditures 1,393,341 101,629 799,590 57%Change in Fund Balance (71,341) (12,238) (3,343) 5%Ending Fund Balance 1,394,599 - 1,452,978 104%



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Budget Month YTD* % of BudgetResources

Beginning Fund Balance 978,585 - 960,840 98%Revenues

SDC's 641,300 113,511 268,067 42%Interest 24,000 2,572 10,403 43%

Total Revenues 665,300 116,083 278,470 42%Total Resources 1,643,885 116,083 1,239,310 75%


Capital Projects 390,914 - - 0%Total Expenditures 390,914 - - 0%

Change in Fund Balance 274,386 116,083 278,470 101%Ending Fund Balance 1,252,971 - 1,239,310 99%

Total Requirements 1,643,885 - 1,239,310 75%*Note: Financials presented are not the official audited financials of the City of North Plains, but represent the current financial situation and may change with further accounting review.


Water SDCs

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Parks Capital Fund - 131Budget Month YTD* % of Budget


RevenuesGrants 800,000 200,000 200,000 25%SDC's 563,600 91,848 193,296 34%Interest 15,000 6,217 23,660 158%



Walking Trail 975,000 116,019 182,049 19%Contingency - - - 0%

Total Expenditures 975,000 116,019 182,049 19%Change in Fund Balance 403,600 182,046 234,907 58%Ending Fund Balance 2,170,792 - 1,879,531 87%

Total Requirements 3,145,792 2,061,580 66%*Note: Financials presented are not the official audited financials of the City of North Plains, but represent the current financial situation and may change with further accounting review.


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Veh./Equip. Repl. - 009Budget Month YTD* % of Budget


RevenuesTransfers In 40,855 1,302 21,730 53%Interest 1,000 167 2,725 273%



Equipment 30,000 - - 0%Contingency - - - 0%

Total Expenditures 30,000 - - 0%Change in Fund Balance 11,855 1,469 24,455 206%Ending Fund Balance 80,351 - 93,043 116%



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Urban Renewal Fund - 113Budget Month YTD* % of Budget


RevenuesProperty Taxes 365,000 2,853 524,513 144%Interest 12,000 568 11,612 97%Proceeds from Loan 3,000,000 - - 0%



Capital Projects 3,046,000 4,950 51,891 2%Debt Service 242,915 21,965 237,549 98%Contingency 100,000 - - 0%

Total Expenditures 3,388,915 26,915 289,440 9%Change in Fund Balance (11,915) (23,494) 246,685 -2070%Ending Fund Balance 828,085 - 1,128,464 136%



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CITY OF NORTH PLAINS 31360 NW Commercial Street, North Plains, Oregon 97133



From: City Manager Andy Varner

Subject: Resolution 2031: 2019 City Council Retreat Goals Adoption

Request: Approve Resolution 2031 to adopt the Goals and Priorities of the 2019 City Council Retreat. Background: The City Council and Management Team held a planning retreat on January 12. That meeting produced a set of goals and priorities that the Council, Management, staff, and the Budget Committee can use as our work product for the 5 year planning cycle, 2019-2023. The Council adopted seven goals at the retreat: Develop a 5-Year Capital Improvement Plan; Catalyze Urban Renewal; Foster Community Involvement; Determine the Urban Growth Boundary; Establish Community Identity; Improve and Expand City Facilities; and Improve Organizational Culture. The Council and staff can use these goals as work priorities for the next five years. We can plan work sessions around them, and include updates in staff reports as we make progress on the goal statements. The goals can also help guide budget discussions and financial decision making. The City Council will revisit these goals in 2020 to ensure they remain relevant priorities for the City until the next strategic planning retreat, tentatively scheduled in early 2021. Fiscal Impact: No effect on current year budget. Environmental Issues: None. Recommendation: Approve Resolution 2031 to adopt the Goals and Priorities of the 2019 City Council Retreat. Attachments: Resolution 2031 2019 City Council Retreat Report

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Resolution No. 2031

Adopting Goals from the Jan. 2019 Retreat

Page 1 of 2

RESOLUTION NO. 2031

A RESOLUTION OF THE NORTH PLAINS CITY COUNCIL ADOPTING GOALS

AND PRIORITIES DEVELOPED AT THE 2019 CITY COUNCIL RETREAT

WHEREAS, the North Plains City Council (the “City Council”) held a planning retreat on

January 12, 2019; and

WHEREAS, at the planning retreat, the City Council developed seven strategic planning goals

and priorities for the City (the “Goals”); and

WHEREAS, the City Council wishes to formally adopt the Goals so as to provide City staff,

officials, boards, commissions and committees direction regarding City priorities;

NOW, THEREFORE, THE CITY OF NORTH PLAINS RESOLVES AS FOLLOWS:

Section 1. The City Council hereby adopts the Goals, as follows:

GOAL 1 Develop a 5-Year Capital Improvement Plan

GOAL 2 Catalyze Urban Renewal

GOAL 3 Foster a Community Involvement Program

GOAL 4 Establish a New Urban Growth Boundary

GOAL 5 Improve the Self-Identity of North Plains

GOAL 6 Improve and Expand City Facilities

GOAL 7 Improve Organizational Culture

Section 2. The City Council will revisit the Goals in 2020, to ensure that they

remain priorities between the time of their adoption and the next strategic planning retreat,

which is tentatively planned to be held in early 2021.

// //

// //

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Resolution No. 2031

Adopting Goals from the Jan. 2019 Retreat

Page 2 of 2

Section 3. This Resolution is and shall be effective from and after its enactment by

the City Council.

INTRODUCED AND ADOPTED this ____ day of February, 2019.

CITY OF NORTH PLAINS, OREGON

________________________________________

Teri Lenahan, Mayor

ATTEST:

________________________________________

Lori Lesmeister, City Recorder

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1

NORTH PLAINSCITY COUNCIL +

MANAGEMENT TEAM RETREAT SUMMARY REPORT

FEBRUARY 7, 2019PREPARED BY:

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Text Box

Resolution No. 2031 Exhibit "A"

2

TABLE OF CONTENTS

03 NORTH PLAINS TEAM

04 EXECUTIVE SUMMARY

06 ENVIRONMENTAL SCAN

08 2019 COUNCIL GOALS

10 TOTAL STRENGTH DEPLOYMENT INVENTORY (SDI)

13 GRAPHIC SUMMARY

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NORTH PLAINS TEAM

CITY COUNCILMayor Teri Lenahan

Councilor Garth EimersCouncilor James Fage Councilor Butch Kindel

Councilor Cameron MartinezCouncilor Russ SheldonCouncilor Rickey Smith

MANAGEMENT TEAM

Andy Varner, City ManagerJesse Baker, Police Chief

Blake Boyles, Public Works DirectorLori Lesmeister, City RecorderWill Worthey, Library Director

CONSULTANT/FACILITATOR

Sara Singer Wilson, Principal/Owner, SSW Consulting

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EXECUTIVE SUMMARYWe are proud to present this summary of our City Council and Management Team Retreat. This year, the North Plains City Council and Management Team met on Saturday, January 12, 2019 to identify our goals for the next few years, and spend time getting to know each other and discovering how to improve our ability to work together toward our common goal of making North Plains the best community it can be. The City hired a professional facilitator, Sara Singer Wilson of SSW Consulting to prepare and guide the group through their discussion. In advance of the retreat, Sara conducted individual interviews with the Mayor, City Council, and Management Team to discuss their individual goals and expected outcomes for the retreat.

Sara also led the group through a team building exercise using the Total Strength Deployment Inventory (SDI). TotalSDI is a personality assessment tool which helps people understand how their motives drive their behaviors, how those motives and behaviors change during different situations, and how to develop a better understanding of the motive-driven behaviors of others. The assessment results combined with the retreat activities helped the team to build an understanding of each others’ values and motivations, and how those can influence team dynamics, decision-making, and more. The team also explored conflict styles, to build understanding and appreciation for the process each team member experiences when facing conflict. This shared understanding can lead to improved working relationships and better decision-making outcomes as teams learn how to improve communications and avoid unhealthy conflict.

The team’s engagement and participation was much appreciated, and we look forward to working together with the community and our partners as we set out to achieve these goals.

-City of North Plains City Council + Management Team

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RETREAT PURPOSE

The purpose of the retreat is to develop goals and objectives for the City of North Plains for the next five years. We will work to establish trust and understanding between the Council and members of the City’s Management Team, develop a culture of teamwork, and identify agreement for how to work together to accomplish the City’s goals.

RETREAT OUTCOMES

» Identify goals and objectives for the City of North Plains for the next five years; » Improve trust and communication between the City Council and the Management Team; » Develop awareness and appreciation of individual motivational value systems and

understand the dynamics of conflict within the team to improve team communication and effectiveness; and,

» Foster a culture of teamwork and collaboration.

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6

ENVIRONMENTAL SCANThe environmental scan is a process of gathering information about events and their relationships within an organization’s internal and external environments. This exercise is helpful in providing context for organizations as they consider their future direction. The Council and Management Team reviewed the accomplishments from 2018 and identified current environmental factors such as community and regional trends, key drivers of change and compelling city issues. Key drivers of change are large scale forces which produce change throughout an organization and in various levels of the community. Typically, these change drivers consist of community or regional demographic, economic, technological, and other factors that create a changing environment to which organizations must adapt.

2018 ACCOMPLISHMENTS

» Codifying building codes » Strategic plans adopted (EOA, HNA, PMP) » New economic development committee » New elementary school coming to town » Developed more local/regional relationships » New police officer » Engaged with growth » Progress on new water storage » Successful events » New businesses » Population reached over 3,000 » Goal setting!

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COMMUNITY + REGIONAL TRENDS

» A lot more traffic and more to come » Shortage of affordable housing » Economic expansion (related to traffic and housing) » More relocation to Oregon » Busy contractors = increased project and infrastructure costs

DRIVERS OF CHANGE

» SB1573 growth (annexation with no city-wide election) » State guidance in planning » Demographics: younger demographic, increased diversity – culturally » Hillsboro creep » Shortage of industrial land in the Portland metro region

CITY ISSUES

» Funding and financial management (short-term/long-term budgeting, capacity to fund projects)

» Overloading the system – competing priorities » North Plains image/lack of branding – external and internal » Lack of infrastructure to attract businesses (land without infrastructure) – bedroom

community » City Hall – lack of space » Cost of infrastructure – lack of property owned by City » Small town financial capacity relative to Portland metro » East-West divide (Glencoe Road as a “separator”) » Lack of professionalism with consultants » Resources – staff capacity » Lack of transit

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2019 CITY COUNCIL GOALSThe Council and staff worked together to map ideas for goal statements. These goal statements will guide the work of the City organization, provide direction to the Council as they develop their budget and future policies, and communicate to the community the priorities the City will be working towards for the next five years. The goals are intended to be five-year goals to allow the team to plan for the long-term, with the understanding that goals will be evaluated annually and updated as needed to reflect current community needs and priorities.

The City will also use these goals to guide them in developing partnerships with regional and community partners to seek support, funding, or other resources to advance these priorities and improve the North Plains community.

2019 -2023 CITY COUNCIL GOALS

CAPITAL IMPROVEMENT PLAN (CIP): Develop a Five-Year Capital Improvement Plan to meet the growing infrastructure needs of the community.

Budget Consideration: The City will invest in a plan to incorporate the phased projects of the most recently adopted Master Plans and Facilities Plan, and include a reality-based financial analysis to guide implementation of the CIP.

URBAN RENEWAL: Catalyze urban renewal by actively leveraging the tools of the Urban Renewal Agency (URA) to achieve the economic and community development goals of the Agency.

Budget Consideration: The City and URA will collaborate on implementing the prioritized projects of the Agency.

COMMUNITY INVOLVEMENT: Foster a Community Involvement Program to recruit a variety of reliable volunteers to create a pipeline of community leaders for City committees.

Budget Consideration: The City will collaborate with partners like the North Plains Event Association to invest in a funding strategy for community events and volunteer incentives.

URBAN GROWTH BOUNDARY (UGB): Determine the future Urban Growth Boundary and economic future of North Plains by working in close partnership with community stakeholders, Oregon DCLD, and Washington County.

Budget Consideration: The City will invest in the expertise needed to initiate the UGB expansion and land prioritization process this goal period

COMMUNITY IDENTITY: Improve the self-identity of North Plains by coordinating a re-branding effort to highlight the character and small-town feel of North Plains.

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9

Budget Consideration: The City will invest in a branding program and communications and marketing strategy this goal period.

CITY FACILITIES: Improve and expand City Facilities to accommodate the service level expectations of a growing community.

Budget Consideration: The City will invest in a Facilities Plan and use out-of-the-box thinking to achieve a strategy that phases in capital improvements necessary to meet increasing organization and community demands.

NORTH PLAINS ORGANIZATIONAL CULTURE: Improve organizational culture to attract and retain quality employees and improve morale.

Budget Consideration: The City and its Management Team will annually assess staffing and compensation levels- along with necessary resources and training- to promote an engaged, professional, and motivated workforce to serve North Plains.

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TOTAL STRENGTH DEPLOYMENT INVENTORY (SDI)

One of the primary goals of the retreat was to develop trust and understanding between the Council and the Management Team. The Total Strength Deployment Inventory (SDI) was used to understand individual motives and how these motives impact team behavior when things are going well and during conflict.

TotalSDI is a personality assessment tool which helps people understand how their motives drive their behaviors, how those motives and behaviors change during different situations, and how to develop a better understanding of the motive-driven behaviors of others. This assessment is designed to help people understand themselves and others – not just how we behave, but why we behave in certain ways – and that understanding can lead to meaningful, practical changes in leaders and teams that minimize conflict and maximize effectiveness. Each team member com-pleted the Strength Deployment Inventory which focuses on understanding motives under two conditions, when things are going well and when you are in conflict.

When things are going well, three primary motivations work together as a system - the Motiva-tional Value System (MVS). When people experience conflict, three primary motivations work in sequence - the Conflict Sequence. While these motives are given the same color names, they are expressed differently under the two conditions.

COLOR OF MOTIVATION

WHEN THINGS ARE GOING WELL

IN CONFLICT

Blue (nurturant) Concern for people: Actively seeking to help others

Want to accommodate: Efforts to preserve or restore harmony

Red (directive) Concern for performance: Ac-tively seeking opportunities to achieve results

Want to assert: Efforts to prevail over another person or obstacle

Green (autonomizing) Concern for process: Actively seeking logical orderliness and self-reliance

Want to analyze: Efforts to conserve resources and assure independence

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11

WHAT DRIVES OUR TEAM?

A key function of the SDI is to identify your Motivational Value System or MVS. It shows how you assess your concerns for People, Performance, and Process on scales of 1 to 100 when things are going well. While everyone has all three motives, the frequency of these motives is not the same for each person. The key to understanding why people do what they do is recognizing these differences in motivations. Your Motivational Value System is the system of motives that serve as your basis for choosing strengths, filtering information, and judging yourself and others. In SDI, there are seven different MVS types:

» Blue: the altruistic-nurturing MVS » Red: the assertive-directing MVS » Green: the analytic-autonomizing MVS » Red-Blue: the assertive-nurturing MVS » Red-Green: the judicious-competing MVS » Blue-Green: the cautious-supporting MVS » Hub: the flexible-cohering MVS

The graphic below shows the team’s MVS dots charted on the SDI triangle.

Team MVSSDI - Group Report

City of North Plains : Council + Management TeamCouncil + Management Team Retreat

Facilitated By Sara Wilson Jan 22, 2019

SDI RESULTS LEGENDSelf Edition

K

J

I

H

G

F

E

D

CB

A

ABCDEFGHIJK

NAME MVSJesse Baker HUBBlake Boyles HUBGarth Eimers Red-GreenJames Fage RedTeri Lenahan BlueLori Lesmeister Blue-GreenCameron Martinez BlueRuss Sheldon Red-BlueRickey Smith HUBAndy Varner Blue-GreenWill Worthey HUB

This Report provided bySSW Consulting, LLC

[email protected]© Copyright 2019 by PSP, Inc. All rights reserved. The SDI® Triangle is patent pending. TotalSDI.com

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THE CONFLICT SEQUENCE

With SDI, people develop an increasing awareness around what they do in conflict, how they canrecognize the things that cause conflict for them and how they can effectively manage conflict.. Feelings of conflict are a sign that something important to you is not right. Your Conflict Sequence (CS) is part of a natural response to a real or perceived threat to your Motivational Value System. To operate at your best during conflict, you need to understand the dynamics of it. Your Conflict Sequence describes a series of changes in motivation during conflict. It shows the order in which you are motivated to Accommodate, Assert, and Analyze on scales of 1 to 100 when experiencing conflict. There are three stages of conflict as described below:

STAGE 1: focus on self, problem, and othersSTAGE 2: focus on self and problemSTAGE 3: focus on self

In SDI, there are over 5,000 unique points on the SDI triangle, the triangle is divided into 13 regions to show 13 different Conflict Sequences.

The graphic below shows the team’s CS arrowheads charted on the SDI triangle.

Team Conflict SequenceSDI - Group Report

City of North Plains : Council + Management TeamCouncil + Management Team Retreat

Facilitated By Sara Wilson Jan 22, 2019

SDI RESULTS LEGENDSelf Edition

ABCDEFGHIJK

NAME CSJesse Baker [RG]-BBlake Boyles R-[BG]Garth Eimers G-B-RJames Fage B-G-RTeri Lenahan G-B-RLori Lesmeister G-B-RCameron Martinez B-G-RRuss Sheldon [BRG]Rickey Smith G-[BR]Andy Varner G-B-RWill Worthey G-B-R

This Report provided bySSW Consulting, LLC

[email protected]© Copyright 2019 by PSP, Inc. All rights reserved. The SDI® Triangle is patent pending. TotalSDI.com

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13

GRAPHIC SUMMARY

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From: City Manager Andy Varner

Subject: Resolution 2030: Water System Master Plan Seismic Study

Request: Approve Resolution 2030 and give direction to the City Manager to sign a contract with Stantec to complete the seismic study of the Water System Master Plan. Background: I received four proposals from engineering firms to complete the seismic portion of our water master plan. They all had similar scopes to meet the goals and requirements of OHA for the agency’s seismic resiliency rules. The major differences in the proposals were the time to complete the report, and the cost. The timing ranged from 2 months to 6 months to complete, and the costs ranged from $23,305 to $36,550. Stantec’s proposal represented the lowest in both categories. Going with Stantec’s proposal makes sense. They already have a deep familiarity with our water system and master plan, they have developed an understanding of our soil conditions and geotechnical background, and they have performed similar seismic evaluations for other Oregon communities. This project will complement our existing water master plan, which was completed in draft form in Jan 2018 by Murraysmith. The seismic plan will include a 50 year mitigation strategy to improve our system’s resiliency, and those projects can integrate into our current 20 year master plan CIP and those plans going forward. The study is needed to meet the requirements of a Water Master Plan stamp of approval from OHA. Once this portion is done, the plan can go through the adoption process with the Planning Commission and City Council. Fiscal Impact: We have a $20,000 grant/forgivable loan from Business Oregon for this project. The remaining $3,305 will come from the Water SDC fund. Environmental Issues: None. Recommendation: Approve Resolution 2030 and give direction to the City Manager to sign a contract with Stantec to complete the seismic study of the Water System Master Plan. Attachments: Resolution 2030 Draft contract agreement with Stantec Stantec seismic study proposal Page 44 of 97

Resolution No. 2030

Approving agreement for Seismic Risk Assessment and Mitigation Plan

Page 1 of 1

RESOLUTION NO. 2030

A RESOLUTION OF THE NORTH PLAINS CITY COUNCIL APPROVING AN

AGREEMENT FOR THE COMPLETION OF A SEISMIC RISK ASSESSMENT AND

MITIGATION PLAN

WHEREAS, the City of North Plains (“City”) solicited proposals for the completion of a

comprehensive seismic risk assessment and mitigation plan for the City’s water system to

satisfy applicable legal requirements imposed by State law; and

WHEREAS, Stantec Consulting Services Inc. (“Consultant”) prepared and submitted a

responsive proposal offering such services to the City; and

WHEREAS, the City finds that Consultant’s proposal would best serve the City’s needs;


Section 1. The City hereby accepts Consultant’s proposal and approves the

selection of Consultant to provide the services as provided in Consultant’s proposal.

Section 2. The City hereby authorizes the City Manager to execute an Agreement

on behalf of the City, in a form substantially similar to the document attached hereto as

“Exhibit A”.


the City Council.



________________________________________

Teri Lenahan, Mayor

ATTEST:

________________________________________


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Page 1 – Personal Services Agreement between the City of North Plains and Stantec Consulting Services, Inc.


PERSONAL SERVICES AGREEMENT

AN AGREEMENT between the City of North Plains, an Oregon municipal corporation ("City"),

and Stantec Consulting Services, Inc. a foreign business corporation duly registered with the

Oregon Secretary of State to transact business in Oregon (“Provider").

WHEREAS, City is seeking the services of a consultant to complete a comprehensive seismic

risk assessment and mitigation plan for the City’s water system to satisfy applicable

requirements imposed by the State of Oregon; and

WHEREAS, the City solicited proposals for such services; and

WHEREAS, in response, Provider prepared and submitted to the City a Proposal, attached hereto

as Exhibit “A”, proposing to provide the services for a lump sum fee of $23,305.00;

NOW THEREFORE, based on the foregoing, City and Provider wish to enter into a written

agreement for provision of said services, the terms of which are as follows:

1. Term

This Agreement shall run from February 19, 2019, through and including April 20, 2019,

unless sooner terminated under the provisions of this Agreement, and may be extended for

additional like periods.

2. Provider's Service

The scope of Provider's services and time of performance under this Agreement are set forth

in Exhibit “A”. All provisions and covenants contained in said exhibit are hereby

incorporated by reference and shall become a part of this Agreement as if fully set forth.

Any conflict between this Agreement and Exhibit “A” shall be resolved first in favor of this

written Agreement. Provider will, in the rendering of its services to City, use its best efforts

and due diligence and provide such personnel as are necessary to successfully provide the

services covered under this Agreement (including Exhibit “A”).

3. Provider Identification

Provider shall furnish to City Provider's employer identification number, as designated by the

Internal Revenue Service or, if the Internal Revenue Service has designated no employer

identification number, Provider's Social Security number.

4. Compensation

City agrees to pay Provider at the times and in the amount(s) set out in and in accordance

with Exhibit “A.”

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5. Project Managers

City's Project Manager is Andy Varner. Provider's Project Manager is Bryan Black. Each

party shall give the other written notification of any change in their respective Project

Manager.

6. Project Information

Provider agrees to share all project information, to fully cooperate with all corporations,

firms, contractors, governmental entities, and persons involved in or associated with the

project. No information, news, or press releases related to the project shall be made to

representatives of newspapers, magazines, television and radio stations, or any other news

medium without the prior written authorization of City's Project Manager.

7. Duty to Inform

Provider shall give prompt written notice to City's Project Manager if, at any time during the

performance of this contract, Provider becomes aware of actual or potential problems, faults

or defects in the project, any nonconformity with the contract, or with any federal, state, or

local law, rule or regulation, or has any objection to any decision or order made by City.

Any delay or failure on the part of City to provide a written response to Provider shall

constitute neither agreement with nor acquiescence in Provider's statement or claim and shall

not constitute a waiver of any of City's rights.

8. Provider is Independent Contractor

Provider is an independent contractor for all purposes and shall be entitled to no

compensation other than the compensation expressly provided by this contract. Provider

hereby expressly acknowledges and agrees that as an independent contractor, Provider is not

entitled to indemnification by City or the provision of a defense by City under the terms of

ORS 30.285. This acknowledgment by Provider shall not affect his/her independent ability

(or the ability of his/her insurer) to assert the monetary limitations found at ORS 30.269 to

ORS 30.273, the immunities listed at ORS 30.265, or other limitations affecting the assertion

of any claim under the terms of the Oregon Tort Claims Act (ORS 30.260 to ORS 30.300).

9. Overtime

Any person employed on work under this Agreement, other than a person subject to being

excluded from the payment of overtime pursuant to either ORS 653.010 to 653.261 or 29

USC §§ 201 to 209, shall be paid at least time and a half for all overtime worked in excess of

40 hours in any one week.

10. Indemnity and Insurance

i. Indemnity: Provider acknowledges responsibility for any and all liability arising out of

the performance of this Agreement and shall hold City harmless, indemnify and defend

City from and against any and all liability, settlements, loss, costs, and expenses in

connection with any action, suit, or claim resulting or allegedly resulting from Provider's

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acts, omissions, activities or services in the course of performing this contract,

notwithstanding any limitations or restrictions to the contrary included in Exhibit “A”.

ii. Liability Insurance: Provider shall maintain occurrence form commercial general

liability and automobile liability insurance for the protection of Provider, City, its

Councilors, officers, agents and employees. Coverage shall include personal injury,

bodily injury (including death) and broad form property damage, including loss of use of

property, occurring in the course of or in any way related to Provider's operations, in an

amount not less than Two Million Dollars ($2,000.000.00) combined single limit per

occurrence. Such insurance shall name City as an additional insured.

iii. Workers' Compensation Coverage: Provider certifies that Provider has qualified for State

of Oregon Workers' Compensation coverage for all Provider's employees who are subject

to Oregon's Workers' Compensation statute, either as a carrier-insured employer as

provided by ORS 656.407, or as a self-insured employer. Provider shall provide to City,

within ten (10) days after execution of this Agreement by the parties, a certificate of

insurance evidencing coverage of all subject workers under Oregon's Workers'

Compensation statutes insured by an insurance company satisfactory to City, if any. The

certificate and policy shall indicate that the policy shall not be terminated by the

insurance carrier without thirty (30) days' advance written notice to City. A copy of the

certificate of self-insurance issued by the State shall be provided to City if the Provider is

self-insured.

iv. Certificates: Provider shall furnish City certificates evidencing the date, amount, and

type of insurance required by this Agreement. All policies will provide for not less than

thirty (30) days' written notice to City before they may be canceled.

v. Primary Coverage: The coverage provided by insurance required under this Agreement

shall be primary, and any other insurance carried by City shall be excess.

11. Work is Property of City

All work, including but not limited to documents, drawings, papers, computer programs, and

photographs, performed or produced by Provider under this Agreement shall be the property

of City.

12. Law of Oregon

This Agreement shall be governed by the laws of the State of Oregon. Venue shall be

Washington County, Oregon.

13. Errors

Provider shall perform such additional work as may be necessary to correct errors in any work

required under this without undue delays and without additional cost to City.

14. Extra or Changes in Work

Only the City Project Manager may authorize extra (and/or change) work. Failure of Provider

to secure authorization for extra work shall constitute a waiver of all right to adjustment in the

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Agreement price or Agreement time due to such unauthorized extra work, and Provider

thereafter shall be entitled to no compensation whatsoever for the performance of such

unauthorized extra work.

15. Successors and Assignments

i. Both City and Provider bind themselves and any partner, successor, executor,

administrator, or assign to this Agreement.

ii. Neither City nor Provider shall assign or transfer their interest or obligation hereunder in

this Agreement without the prior written consent of the other party. Provider must seek

and obtain City’s written consent before subcontracting any part of the work required of

Provider under this Agreement. Any assignment, transfer or subcontract attempted in

violation of this subparagraph shall be void.

16. Records

i. Provider shall retain all books, documents, papers, and records that are directly pertinent

to this Agreement for at least three (3) years after City makes final payment on this

Agreement and all other pending matters are closed.

ii. Provider shall allow City (or any of its authorized representatives) to audit, examine,

copy, take excerpts from or transcribe any books, documents, papers, or records that are

subject to the foregoing retention requirement.

17. Breach of Contract

i. Provider shall remedy any breach of this Agreement within the shortest reasonable time

after Provider first has actual notice of the breach or City notifies Provider of the breach,

whichever is earlier. If Provider fails to remedy a breach in accordance with this

paragraph, City may terminate that part of the Agreement affected by the breach upon

written notice to Provider, may obtain substitute services in a reasonable manner, and

may recover from Provider the amount by which the price for those substitute services

exceeds the price for the same services under this Agreement.

ii. If the breach is material and Provider fails to remedy the breach in accordance with this

paragraph, City may declare Provider in default and pursue any remedy available for a

default.

iii. Pending a decision to terminate all or part of this Agreement, City unilaterally may order

Provider to suspend all or part of the services under this Agreement. If City terminates

all or part of the Agreement pursuant to this paragraph, Provider shall be entitled to

compensation only for services rendered prior to the date of termination, but not for any

services rendered after City ordered suspension of those services. If City suspends

certain services under this Agreement and later orders Provider to resume those services,

Provider shall be entitled to reasonable damages actually incurred, if any, as a result of

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the suspension.

iv. To recover amounts due under this paragraph, City may withhold from any amounts

owed by City to Provider, including but not limited to, amounts owed under this or any

other Agreement between Provider and City.

18. Mediation/Trial Without a Jury

Should any dispute arise between the parties to this Agreement concerning their respective

obligations of either or the terms hereof, it is agreed that such dispute will be submitted to a

mediator prior to any litigation and the parties hereby expressly agree that no claim or

dispute arising under the terms of this Agreement shall be resolved other than first through

mediation and only in the event said mediation efforts fail, through litigation. Any litigation

arising under or as a result of this Agreement shall be tried to the court without a jury.

Each party agrees to be responsible for payment of its own professional fees, including

attorneys’ fees in both mediation and litigation.

The parties shall exercise good faith efforts to select a mediator, who shall be compensated

equally by both parties. Mediation will be conducted in Portland, Oregon, unless both parties

agree in writing otherwise. Both parties agree to exercise good faith efforts to resolve

disputes covered by this section through this mediation process. If either party requests

mediation, and the other party fails to respond within ten (10) days, or if the parties fail to

agree on a mediator within ten (10) days, a mediator shall be appointed by the presiding

judge of the Washington County Circuit Court upon the request of either party. The parties

shall have any rights at law or in equity with respect to any dispute not covered by this

Section.

19. Termination for Convenience

City may terminate all or part of this Agreement at any time for its own convenience by

written notice to Provider. Upon termination under this paragraph, Provider shall be entitled

to compensation for all services rendered prior to actual notice of the termination or the

receipt of City's written notice of termination, whichever is earlier, plus Provider's

reasonable costs actually incurred in closing out the contract.

20. Intellectual Property

The interest in any intellectual property, including but not limited to copyrights and patents

of any type, arising from the performance of this Agreement shall vest in City. Provider shall

execute any assignment or other documents necessary to effect this paragraph. Provider may

retain a nonexclusive right to use any intellectual property that is subject to this paragraph.

Provider shall transfer to City any data or other tangible property generated by Provider

under this Agreement and necessary for the beneficial use of intellectual property covered by

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this paragraph.

21. Payment for Labor or Material

Provider shall make payment promptly, as due, to all persons supplying to Provider labor or

material for the prosecution of the work provided for in this Agreement. (ORS 279B.220)

22. Contributions to the Industrial Accident Fund

Provider shall pay all contributions or amounts due the Industrial Accident Fund from

Provider incurred in the performance of this Agreement, and shall ensure that all

subcontractors pay those amounts due from the subcontractors. (ORS 279B.220)

23. No Liens or Claims

Provider shall not permit any lien or claim to be filed or prosecuted against the State or

Oregon or a county, school district, municipality, municipal corporation or subdivision

thereof, on account of any labor or material furnished. (ORS 279B.220)

24. Income Tax Withholding

Provider shall pay to the Oregon Department of Revenue all sums withheld from employees

pursuant to ORS 316.167. (ORS279B.220)

25. Payment of Claims by City

If Provider fails, neglects, or refuses to make prompt payment of any claim for labor or

services furnished to Provider or a subcontractor by any person in connection with this

Agreement as the claim becomes due, the City may pay the claim to the person furnishing the

labor or services and charge the amount of the payment against funds due or to become due

to Provider pursuant to this contract. The City's payment of a claim under this Paragraph

shall not relieve Provider or Provider's surety, if any, from responsibility for those claims.

26. Hours of Labor

Provider shall pay employees for overtime work performed under the terms of this

Agreement in accordance with ORS 653.010 to ORS 653.261 and the Fair labor standards

Act of 1938. (29 USC §§ 201 et. seq.)

27. Workers’ Compensation

Provider is a subject employer that will comply with ORS 656.017. Provider warrants that

all persons engaged in contract work and subject to the Oregon Workers’ Compensation law

are covered by a workers’ compensation plan or insurance policy that fully complies with

Oregon law. Provider shall indemnify City for any liability incurred by City as a result of

Provider's breach of the warranty under this Paragraph. (ORS 279B.230)

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{00660670; 1 }


28. Medical Care for Employees

Provider shall promptly, as due, make payment to any person, co-partnership, association or

corporation, furnishing medical, surgical and/or hospital care services or other needed care

and attention incident to the sickness or injury of Provider's employee(s), of all sums which

Provider agrees to pay for such services and all monies and sums which Provider collected or

deducted from the wages of employees under any law, contract or agreement for the purpose

of providing or paying for such services. (ORS 279B.230)

29. Modification

To be valid, any modification of the provisions of this Agreement must be reduced to writing

and signed by authorized agents of both City and Provider.

30. No Waiver of Legal Rights

A waiver by a party of any breach by the other shall not be deemed to be a waiver of any

subsequent breach.

31. Integration

This Agreement, including its attachments, contains the entire agreement between the parties

and supersedes all prior written or oral discussions or agreements regarding the same subject.

STANTEC CONSULTING SERVICES

INC.

___________________________

Bryan Black, Stantec Consulting Services, Inc.

Project Manager

Telephone No: 503-490-2041

Email: [email protected]


___________________________

Andy Varner, City Manager

Project Manager

Telephone: 503-647-5555


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Stantec Consulting Services Inc. 601 SW Second Avenue Suite 1400, Portland OR 97204-3128

February 8, 2019 File: Proposal

Attention: Andy Varner, City Manager 31360 NW Commercial Street North Plains, Oregon 97113

Dear Mr. Varner,

Reference: Proposal for Seismic Assessment and Mitigation Plan

This letter contains a proposal to complete a seismic risk assessment and mitigation plan for the City of North Plains’ water system. The work would comply with the requirements of Oregon Administrative Rules (OAR) 33-061-0060 (5)(J), the Oregon Revised Statutes (ORS), and the Oregon Health Authority (OHA) requirements and would be sealed by a registered professional engineer in Oregon. The work would be presented as an amendment to the Water System Master Plan Update of January 2018, allowing it to be approved by the OHA and adopted by the City Council.

We have structured our proposal to be efficient as follows:

Targeting only the specific needs of North Plains,

Using only Stantec staff to avoid the inefficiencies of subcontracting and coordination, and

Using all local staff already familiar with the North Plains water system.

Our structural, geotechnical, and project engineering staff have already collected the baseline seismic and existing infrastructure information necessary to complete this work promptly and cost effectively. If selected, we would complete this work within 60 days of notice to proceed. As you will see in the attachments, Stantec has completed very similar work for other water systems in the area.

We appreciate our working relationship with City of North Plains staff and council. We derive satisfaction from the challenge of identifying affordable water improvements that will bring the maximum benefit to the city. We hope that you will select Stantec for this assignment to identify practical solutions for seismic resiliency while completing your Water System Master Plan Update for approval and adoption.

Sincerely,

Stantec Consulting Services Inc.

Bryan Black PE Phone: 503.490.2041 Proposal Attachment: eight pages dated February 8, 2019

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Proposal from Stantec for the City of North Plains Seismic Risk Assessment and Mitigation Plan February 8, 2019

Budget and Schedule Stantec proposes to complete the Scope of Work to develop a Seismic Risk Assessment and Mitigation Plan for the water system of the City of North Plains for a total lump sum fee of $23,305.00 and within 60 days following notice to proceed, as follows.

Task Hours Fee $ 1 - Project Management 23 3,404.00 2 – Critical Facility Identification and Risk Assessment

48 7,844.00

3 – Mitigation Plan 38 5,711.00 4 – Technical Memorandum 36 6,346.00

TOTAL 145 23,305.00

Scope of Work The objective of these tasks is to perform a seismic risk assessment and mitigation plan for the City of North Plains’ water supply and distribution system that meets the requirements of the Oregon Administrative Rules (OAR) 33-061-0060 (5)(J) and Oregon Health Authority (OHA) for Water Master Planning. The City of North Plains (City) completed a Water System Master Plan in January 2018 which requires a supplemental seismic risk assessment and mitigation plan to be deemed complete by the OHA and for final adoption of the Water System Master Plan by the City. This is required for municipalities located in areas with a high risk of seismic events, which includes the City of North Plains.

The specific requirements that must be addressed include (OAR) 33-061-0060 (5)(J):

(J) A seismic risk assessment and mitigation plan for water systems fully or partially located in areas identified as VII to X, inclusive, for moderate to very heavy damage potential using the Map of Earthquake and Tsunami Damage Potential for a Simulated Magnitude 9 Cascadia Earthquake, Open File Report 0-13-06, Plate 7 published by the State of Oregon, Department of Geology and Mineral Industries, as adapted in Figure 1 below. (i) The seismic risk assessment must identify critical facilities capable of supplying key community needs, including fire suppression, health and emergency response and community drinking water supply points. (ii) The seismic risk assessment must identify and evaluate the likelihood and consequences of seismic failures for each critical facility. (iii) The mitigation plan may encompass a 50-year planning horizon and include recommendations to minimize water loss from each critical facility, capital improvements or recommendations for further study or analysis.

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Figure 1: Earthquake Damage Potential and Legend for North Plains and vicinity

TASK 1 – PROJECT MANAGEMENT The purpose of this task is to direct all activities within the contracted scope, schedule, and budget.

• Project initiation / closeout • Monthly progress reports and invoices

Deliverables: Monthly progress reports and invoices Assumptions: Duration not to exceed 3 months

TASK 2 – CRITICAL FACILITY IDENTIFICATION AND RISK ASSESSMENT The purpose of this task is to identify critical facilities within the North Plains water system. The seismic risk will be assessed only for facilities identified as critical. The seismic risk assessment will include both geotechnical and structural evaluations.

2.1 Critical Facility Identification and Background Documents Working with the City, this task will identify critical facilities capable of supplying key community needs, including: fire suppression, health and emergency response, and community drinking water supply points. It is assumed that critical facilities will include the JWC connection vault, the JWC connecting pipeline, the 314th PRV vault, Water Station #1, and transmission main piping. The City will work with Stantec to provide and assemble the background design / construction documents for the candidate critical water facilities for use in performing the seismic assessment and mitigation plan.

Deliverable: List of Critical Facilities

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2.2 Site Visit Stantec staff will meet with City staff to visit the candidate critical water facilities, evaluate the candidate critical facilities, photograph and document potential seismic vulnerabilities, as described in the following two sections.

2.3 Summarize Geotechnical Conditions As part of its work designing Water Station 2, Stantec has obtained and developed geotechnical background information for the City of North Plains. Background information utilized in support of the seismic risk assessment including geologic mapping and existing available geotechnical investigation reports conducted within the limits or within close proximity to the critical water system facilities will be summarized. Stantec will perform a site walk or drive by of the identified critical facilities and pipeline alignment to assess geologic hazards and take site photos. From this information, Stantec will characterize the potential for liquefaction, settlement and slope stability issues which may occur during a seismic event.

The latest available DOGAMI seismic hazard maps will be used to identify and screen potential soil liquefaction zones, lateral spreading zones, and fault rupture zones. Stantec will compile the assessed geotechnical and seismic information to create a geologic hazard figure that will be used for the City’s seismic assessment study. Stantec will compile a general summary of the geologic and seismic hazards present at the critical facilities identified.

Deliverables: Geologic summary, figure of geologic hazards near to the critical facilities and pipelines.

2.4 – Structural Evaluation of Facilities The purpose of this task is to complete structural evaluations of the candidate critical facilities. Additionally, this task would provide review of any existing seismic evaluations and upgrades that have been completed, if any.

Structural screening of Buildings and Vaults Structural screening will be used as a guide for evaluation of critical facilities and will include review of available record drawings, geotechnical investigations, and other reports applicable to the structural components or materials, as well as a visual inspection of the structure. Historical performance of similar building / vault types during past earthquakes will be relied upon for general likelihood of failure determinations.

Transmission Mains Stantec will evaluate transmission mains identified as being critical utilizing available information to include: pipe age, materials of construction, joining method and peak ground velocity during a seismic event.

Storage Reservoir Stantec will evaluate the existing Water Station 1 Reservoir including a review of any available seismic evaluation and upgrade reports, available record drawings, specifications, geotechnical reports, and other reports applicable to the structural components or materials, as well as a visual inspection of the structure.

Deliverables: Screening checklists, summary evaluations combined into Task 4.

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2.5 – Likelihood and Consequence of Failure for Each Critical Facility Using the results of the prior activities, this task will estimate the likelihood and consequence of failure related to a seismic event. The estimated likelihood and consequence of failure will assist with establishing mitigation project priorities. Deliverable: combined into Task 4.

TASK 3 – MITIGATION PLAN The purpose of this task is to develop project alternatives to mitigate potential seismic vulnerabilities identified for critical facilities serving the City of North Plains water system. The mitigation plan would have a 20-year and 50-year planning horizons.

• Develop mitigation project alternatives for each vulnerability identified within critical facilities. • For each mitigation alternative, develop an order of magnitude opinion of total project cost. • Review mitigation options with the City and propose a schedule to complete the mitigation

projects.

Deliverable: combined into Task 4.

TASK 4 – SEISMIC ASSESSMENT AND MITIGATION PLAN TECHNICAL MEMORANDUM The purpose of this task will be to develop a technical memorandum describing the results of this task and suitable for use as an amendment to the Water Master Plan.

• Prepare a draft technical memorandum and submit to City in electronic format • Hold a meeting to discuss the draft with City, review and respond to City comments • Prepare a final technical memorandum and submit to City in electronic format with five

hardcopies, sealed by a professional engineer Deliverables: Draft and final technical memoranda

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Proposed Staff Bryan Black – PE, Project Manager 503.490.2041│ [email protected] │ Bend, OR

Bryan is a water system engineer with 28 years of planning, design, and construction management experience. His water system master planning experience includes City of Vancouver Washington and Canby Utility Oregon. He has faced seismic design challenges and led teams to practical solutions in many situations, such as water supply improvements for Newport Oregon. Bryan works tirelessly to communicate with clients and engineering teams to keep projects moving in the right direction efficiently while achieving results that benefit his

clients. He strives to identify practical solutions that are right-sized for the growing communities that he serves. Bryan’s teams, clients, and projects have been recognized for award winning performance by the American Water Works Association, the American Council of Engineering Companies, and the American Public Works Association.

Matthew Perkins – PE, Structural Engineer 503.220.5455│ [email protected] │ Portland, OR

Matthew Perkins is a structural designer with 10 years of professional experience. His responsibilities include: evaluation of existing structures, detailed structural analysis and design, drawing production, engineering services during construction, management of engineering teams, and value engineering reviews. His project experience ranges from seismic evaluation of small pump stations to complete designs of treatment facilities. Matthew has experience working around the country and overseas with a focus on projects in Oregon and Washington. He has worked as a team member of teams as small as three and has lead design teams as

large as twenty. Matthew is a registered professional engineer in Oregon, Washington, and California. He is registered with the State of Oregon as a General Post-Earthquake Inspector and has been trained in Rapid Visual Screening of Buildings for Potential Seismic Hazards (FEMA P-154).

Alyssa Herperger – EIT, Geotechnical Engineer 503.220.5441 │ [email protected] │ Portland, OR

Alyssa Herperger is a Geotechnical Engineer-in-Training with an MS degree in Geotechnical Engineering from UC Berkeley. She has experience with geotechnical design, modeling, and analysis, seismic hazard analysis and assessments, and geotechnical laboratory analysis. Her field responsibilities have included geotechnical investigative explorations, onsite inspection of geotechnical and civil work, geophysical work, and instrumentation installation. She has prepared Part 12D Reports, instrumentation and monitoring plans, specifications, proposals, environmental hydrological studies, and construction cost estimations.

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Sean Thomson – EIT, Civil Engineer 503.220.5426 │ [email protected] │ Portland, OR

Sean Thomson has been with Stantec in Portland for nearly three years. His experience includes current assistant project manager for the City of North Plains Water Reservoir and Pump Station No. 2 design, extensive piloting work, water and wastewater treatment process designs, a facility plan, and production of extensive preventative maintenance manuals for a new facility. Sean will serve as project engineer to integrate the discipline teams to identify and develop solutions for the seismic resiliency needs for the City of North Plains.

Rachel McGinn – Project Management Assistant 503.220.5433 │ [email protected] │ Portland, OR

Rachel McGinn has over 20 years of experience in the engineering, procurement, and construction industry with an extensive background in areas of accounting, leadership, and financial management supporting project portfolios that include environmental engineering consulting services, water, construction management, U.S. Department of Defense (DoD), and International organizations (North Atlantic Treaty Organization, Italian Ministry of Defense, Royal Caribinieri Forces).

Rachel provides project management and delivery of business solutions and fosters an environment of teamwork and excellence. Her strong communication and client services skills enhance Stantec's program delivery and drives the project management framework to guide and deliver exceptional project execution. Rachel is a graduate of the University of Washington with a Bachelor of Arts degree. She is Level 2 certified in U.S. DoD Financial Management Comptroller and PPBES (Planning, Programming, Budget & Execution System).

Craig Wilcox – PE, SE, LEED AP, Vice President, Structural Engineer

925.627.4554│ [email protected] │ Walnut Creek, CA With 36 years of structural engineering experience, Craig Wilcox’s structural seismic retrofit design experience includes the seismic design of water treatment plants, reservoirs and distribution systems. A licensed structural engineer and general building contractor, he also served as chair of the SEAONC Inspection Practices, Construction Quality Assurance Committee, AWWA Committee 198 on Conventionally Reinforced Concrete Tanks including the Seismic Subcommittee and ASCE SEI National Design Practices Committee Chairman from 2009 to 2014. He has performed structural seismic retrofit designs and studies on hundreds of structures,

including water and wastewater treatment plants and thousands of miles of distribution pipelines. He has developed design criteria, provided structural design and technical peer reviews, and value engineered and performed structural field observations of many new and existing designs. Specific to seismic retrofits, the most significant Craig has completed include Portland Water Bureau’s Kelly Butte Reservoir, City of Grants Pass Facility Plan and Seismic Vulnerability Study, Seismic Evaluations for a Private Client in Hillsboro, Oregon, the San Francisco Public Utilities Commission Sunol Water Treatment Plant, and many more. Craig has also served as the Structural Seismic Subject Matter expert for the Willamette Water Supply Program in Portland.

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Example Project Experience Water Facility Plan and Seismic Vulnerability Study, City of Grants Pass, OR Stantec worked with the City of Grants to assess the seismic vulnerability of its existing water system infrastructure. One focus was to improve the aging conventional WTP which treats water from the Rogue River. Parts of this plant (rated at 20 mgd capacity) were built over 80 years ago, and a recent seismic vulnerability study conducted by STANTEC concluded that the plant is subject to severe failure during a major earthquake event. The facility is the sole source of potable water for the City, listed on the City’s Historic Register, and is showing its age in many respects. The plant also has had numerous operating challenges including concrete cracking and spalling.

As part of the Water Facility Plan Update completed in 2013, STANTEC developed and analyzed a number of plant upgrade and capacity expansion scenarios including:

• Structural/seismic upgrades of existing plant facilities • Continue using some of the existing plant facilities and add new processes • Sequential demolition/replacement of plant facilities • Construction of a new smaller plant on adjacent property to operate in parallel with the existing

plant) • Construction of a new large plant removed from the existing plant, and demolition of the

existing plant

Seismic Evaluation and Design for Water Program, City of Lake Oswego Stantec provided consulting engineering services to the City of Lake Oswego for its water supply expansion program. Activities included evaluation of seismic and geologic conditions, design of ground improvement programs, and seismic design of new water infrastructure including operations buildings, pipelines, reservoirs, and pump stations.

Seismic Evaluation Program Phase 1, East Bay Municipal Utility District Stantec provided consulting engineering services to East Bay Municipal Utility District for the Water System Seismic Evaluation Program. This program prioritized for upgrade or addition those facilities and components that are most sensitive to reducing service to unacceptable levels. This project consisted of reviewing and refining the preliminary earthquake damage algorithms previously developed to permit a more accurate assessment of the system’s probable earthquake performance. The study included estimated labor time and cost to restore damaged system components to pre-earthquake levels and identification of mitigation measures that can be implemented prior to an earthquake to improve system reliability. Four water treatment plants, eight concrete water storage reservoirs, several pump stations, and outlet towers were evaluated.

Seismic Evaluation and Design for Water Program, City of Portland Stantec provided consulting engineering services to the City of Portland for its reservoir replacement program for Kelly Butte. Activities included evaluation of seismic and geologic conditions, design of ground improvement programs, and seismic design of new water infrastructure including a reservoir and pipelines.

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JPL Water System Seismic Evaluation, Jet Propulsion Laboratory Stantec was selected for the Update of the Study of Seismic Protection for the JPL Water System and to develop a plan, which when incorporated, would provide flexibility and reliability in serving water to JPL under normal or post-earthquake emergency conditions. The study involved evaluation of the adequacy of current recommendations for strengthening of existing storage tanks. The report recommended an alternative emergency water supply connection, structural modifications to the existing pump house, structural reinforcement to the floor plates of the tanks, and parallel pipelines with seismically resistant mains across the earthquake fault crossing. The recommendations of this study were implemented under a separate design contract with Stantec for the construction of modifications.

Design of Water Station No. 2, City of North Plains OR Stantec is performing seismic analysis and design for the City of North Plains’ Water Station No. 2 including a new 2.0 MG reservoir and booster pumping station. Seismic evaluation included the geotechnical investigation, estimates of liquefaction potential, modeling of the soil column under load to develop estimates of differential settlement, ground improvement, and foundation design. As part of the project, Stantec reviewed the City’s Water System Master Plan, developed an operational model of the City’s system, and designed improvements for additional locations at the 314th vault, Water Station No.1, and City Hall.

Seismic Study of Water Supply Facilities, Foothill Municipal Water District Stantec performed a study involving the seismic investigation of the Foothill Municipal Water District (FMWD) service area, which was used to evaluate the susceptibility of the water system to damage following an earthquake. The approach used in this project was to review the existing FMWD water supply facilities, investigate the seismology and geology of the FMWD service area, and using the results of the seismic evaluation, recommend system improvements. The study recommended obtaining alternative sources of supply through the construction of emergency connections with adjacent water systems, two isolation valves, and automatic shut-off valves at the reservoirs along with structural modifications.

Pipeline Seismic Reliability Study, San Francisco Public Utilities Commission (SFPUC) SFPUC is currently completing improvements and upgrades to its transmission system to meet its Level of Service following a major earthquake. SFPUC identified the San Andreas Pipeline as vulnerable to seismic failure due to ground displacement and down-slope movement. As part of the project, Stantec:

1. Performed a condition assessment of the original 54-inch welded steel San Andreas Pipeline including non-destructive investigation of pipe for pipe thickness and corrosion evaluation, geotechnical and subsurface investigation of pipe alignment, and a detailed finite element analysis of the pipeline.

2. Provided alternatives and a recommendation to mitigate the vulnerable portions of the pipeline identified. Alternative evaluation considered cost, alignment, constructability, operation, seismic reliability, environmental and maintenance.

The agreed alternative was progressed to the conceptual design level and a detailed Conceptual Engineering Report was developed to serve as the basis of design for the project. The construction cost, schedule, and implementation plan were developed to provide the client with enough information to complete the design.

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Resolution No. 2030

Agreement with Mark 43 for Records Mgmt Svcs

Page 1 of 1

RESOLUTION NO. 2029

A RESOLUTION OF THE NORTH PLAINS CITY COUNCIL APPROVING AN

AGREEMENT WITH MARK 43, INC. FOR THE PROVISION OF RECORDS

MANAGEMENT SERVICES

WHEREAS, the City of North Plains (“City”) solicited proposals for the provision of law

enforcement records management services; and

WHEREAS, Mark 43, Inc. (“Consultant”) has proposed offering such services to the City; and

WHEREAS, the City finds that Consultant’s proposal would best serve the City’s needs;


Section 1. The City approves the selection of Consultant to provide law

enforcement records management services to the City.

Section 2. The City hereby authorizes the City Manager to execute an Agreement

on behalf of the City, in a form substantially similar to the document attached hereto as

“Exhibit A”.


the City Council.



________________________________________

Teri Lenahan, Mayor

ATTEST:

________________________________________


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{00653447; 3 }

Page 1 – Personal Services Agreement between the City of North Plains and Mark43, Inc.


SERVICES AGREEMENT

AN AGREEMENT between the City of North Plains, an Oregon municipal corporation ("City"),

and Mark43, Inc. a Delaware corporation registered with the Oregon Secretary of State as a

Foreign Business Corporation (“Provider").

WHEREAS, the City is seeking evaluation, consultation, implementation, configuration and

other services in connection with applications, software, and related software-as-a-service,

hosting, maintenance and/or support services to be utilized for remote access and use on behalf

of the North Plains Police Department, including but not limited to related necessary

documentation thereto.

WHEREAS, the City desires to purchase the services and license Provider’s software-as-a-

service and related applications all as set forth on the Software License and Services Agreement

attached hereto as Exhibit “A”, at a cost during the initial contract term as provided in Exhibit

“A”; and

NOW THEREFORE, based on the foregoing, City and Provider wish to enter into a written

agreement for provision of said services, the terms of which are as follows:

1. Term

This Agreement shall run from [INSERT DATE], through and including [INSERT DATE],

unless sooner terminated under the provisions of this Agreement, and may be extended for

additional like periods.

2. Provider's Service

The scope of Provider's services and time of performance under this Agreement are set forth

in Exhibit “A”. All provisions and covenants contained in said exhibit are hereby

incorporated by reference and shall become a part of this Agreement as if fully set forth.

Any conflict between this Agreement and Exhibit “A” shall be resolved first in favor of

Exhibit A.

3. Provider Identification

Provider shall furnish to City Provider's employer identification number, as designated by the

Internal Revenue Service or, if the Internal Revenue Service has designated no employer

identification number, Provider's Social Security number.

4. Compensation

City agrees to pay Provider at the times and in the amount(s) set out in and in accordance

with Exhibit “A.” In addition, City agrees to pay one-time fee of $2500.00 for migrating the

City’s existing reports to the records management system to be provided by Provider under

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leslo

Text Box


{00653447; 3 }


the terms of this Agreement.

5. Project Managers

City's Project Manager is Andy Varner. Provider's Project Manager is __________. Each

party shall give the other written notification of any change in their respective Project

Manager.

6. Project Information

Provider agrees to cooperate with all corporations, firms, contractors, governmental entities,

and persons involved in or associated with the project. No information, news, or press

releases related to the project shall be made to representatives of newspapers, magazines,

television and radio stations, or any other news medium without the prior written

authorization of City's Project Manager, except that Provider is hereby authorized to identify

City as a customer.

7. Duty to Inform

[Reserved]

8. Provider is Independent Contractor

Provider is an independent contractor for all purposes and shall be entitled to no

compensation other than the compensation expressly provided by this contract. Provider

hereby expressly acknowledges and agrees that as an independent contractor, Provider is not

entitled to indemnification by City or the provision of a defense by City under the terms of

ORS 30.285. This acknowledgment by Provider shall not affect his/her independent ability

(or the ability of his/her insurer) to assert the monetary limitations found at ORS 30.269 to

ORS 30.273, the immunities listed at ORS 30.265, or other limitations affecting the assertion

of any claim under the terms of the Oregon Tort Claims Act (ORS 30.260 to ORS 30.300).

9. Overtime

Any person employed on work under this Agreement, other than a person subject to being

excluded from the payment of overtime pursuant to either ORS 653.010 to 653.261 or 29

USC §§ 201 to 209, shall be paid at least time and a half for all overtime worked in excess of

40 hours in any one week.

10. Indemnity and Insurance

i. [Reserved]

ii. Liability Insurance: Provider shall maintain occurrence form commercial general

liability and automobile liability insurance for the protection of Provider, City, its

Councilors, officers, agents and employees. Coverage shall include personal injury,

bodily injury (including death) and broad form property damage, including loss of use of

property, occurring in the course of or in any way related to Provider's operations, in an

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{00653447; 3 }


amount not less than Two Million Dollars ($2,000.000.00) combined single limit per

occurrence. Such insurance shall name City as an additional insured.

iii. Workers' Compensation Coverage: Provider will either comply with ORS 656.017 or is

exempt under ORS 656.126.

iv. Certificates: Provider shall furnish City certificates evidencing the date, amount, and

type of insurance required by this Agreement.

v. Primary Coverage: The coverage provided by insurance required under this Agreement

shall be primary, and any other insurance carried by City shall be excess.

11. [Reserved]

12. Law of Oregon

This Agreement shall be governed by the laws of the State of Oregon.

13. [Reserved]

14. Extra or Changes in Work

Only the City Project Manager may authorize extra (and/or change) work. Failure of Provider

to secure authorization for extra work shall constitute a waiver of all right to adjustment in the

Agreement price or Agreement time due to such unauthorized extra work, and Provider

thereafter shall be entitled to no compensation whatsoever for the performance of such

unauthorized extra work.

15. Successors and Assignments

i. Both City and Provider bind themselves and any partner, successor, executor,

administrator, or assign to this Agreement.

ii. Neither City nor Provider shall assign or transfer their interest or obligation hereunder in

this Agreement without the prior written consent of the other party; provided, however,

that Provider may, without the consent of the City, assign or otherwise transfer this

Agreement to any of its affiliates or to an entity with or into which it is merged or

consolidated or to which it sells its stock or other equity interests or all or substantially all

of its assets.

iii. . Provider must seek and obtain City’s written consent before subcontracting any part of

the work required of Provider under this Agreement. Any assignment, transfer or

subcontract attempted in violation of this subparagraph shall be void.

16. Records

i. Provider shall retain all books, documents, papers, and records that are directly pertinent

to this Agreement for at least three (3) years after City makes final payment on this

Agreement and all other pending matters are closed.

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{00653447; 3 }


17. [Reserved]

18. [Reserved]

19. Termination for Convenience

City may terminate all or part of this Agreement at any time for its own convenience by

written notice to Provider. Upon termination under this paragraph, Provider shall be entitled

to compensation for all services rendered prior to actual notice of the termination or the

receipt of City's written notice of termination, whichever is earlier, plus Provider's reasonable

costs actually incurred in closing out the contract.

20. [Reserved]

21. Payment for Labor or Material

Provider shall make payment promptly, as due, to all persons supplying to Provider labor or

material for the prosecution of the work provided for in this Agreement. (ORS 279B.220)

22. Contributions to the Industrial Accident Fund

If applicable, Provider shall pay all contributions or amounts due the Industrial Accident

Fund from Provider incurred in the performance of this Agreement, and shall ensure that all

subcontractors pay those amounts due from the subcontractors. (ORS 279B.220)

23. No Liens or Claims

Provider shall not permit any lien or claim to be filed or prosecuted against the State or

Oregon or a county, school district, municipality, municipal corporation or subdivision

thereof, on account of any labor or material furnished. (ORS 279B.220)

24. Income Tax Withholding

If applicable, Provider shall pay to the Oregon Department of Revenue all sums withheld

from employees pursuant to ORS 316.167. (ORS279B.220)

25. Payment of Claims by City

If Provider fails, neglects, or refuses to make prompt payment of any claim for labor or

services furnished to Provider or a subcontractor by any person in connection with this

Agreement as the claim becomes due, the City may pay the claim to the person furnishing the

labor or services and charge the amount of the payment against funds due or to become due

to Provider pursuant to this contract. The City's payment of a claim under this Paragraph

shall not relieve Provider or Provider's surety, if any, from responsibility for those claims.

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{00653447; 3 }


26. Hours of Labor

Provider shall pay employees for overtime work performed under the terms of this

Agreement in accordance with ORS 653.010 to ORS 653.261, if applicable, and the Fair

labor standards Act of 1938. (29 USC §§ 201 et. seq.)

27. Workers’ Compensation

If applicable, Provider warrants that all persons engaged in contract work and subject to the

Oregon Workers’ Compensation law are covered by a workers’ compensation plan or insurance

policy that fully complies with Oregon law.

28. Medical Care for Employees

If required under applicable law, Provider shall promptly, as due, make payment to any

person, co-partnership, association or corporation, furnishing medical, surgical and/or

hospital care services or other needed care and attention incident to the sickness or injury of

Provider's employee(s), of all sums which Provider agrees to pay for such services and all

monies and sums which Provider collected or deducted from the wages of employees under

any law, contract or agreement for the purpose of providing or paying for such services.

(ORS 279B.230)

29. Modification

To be valid, any modification of the provisions of this Agreement must be reduced to writing

and signed by authorized agents of both City and Provider.

30. No Waiver of Legal Rights

A waiver by a party of any breach by the other shall not be deemed to be a waiver of any

subsequent breach.

// //

// //

// //

// //

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{00653447; 3 }


31. Integration

This Agreement, including its attachments, contains the entire agreement between the parties

and supersedes all prior written or oral discussions or agreements regarding the same subject.

MARK43, INC.

___________________________

[Insert Name],Chief Financial Officer

Project Manager

Telephone No: (___) ___-____

Email:[email protected]


___________________________

Andy Varner, City Manager

Project Manager

Telephone: 503-647-5555


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{00653446; 3 }1

SOFTWARE LICENSE AND SERVICES AGREEMENT

This Software License and Services Agreement (this “Agreement”) is effective as of [INSERT DATE] (the “Effective Date”) by and between Mark43, Inc. (“Mark43”), with a place of business at 28 E. 28th 12th Floor, New York, NY 10016, and the City of North Plains, Oregon (“Subscriber”), with a place of business at 31360 NW Commercial

Street, North Plains, OR 97133.

For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. DEFINITIONS.

1.1 Defined Terms. Defined terms have the meanings set forth in this Article 1 (Definitions) and

elsewhere in this Agreement when capitalized, and may be read in singular, plural or an alternative tense as the context requires.

1.2 “Affiliate” means, with respect to any entity, any other entity who, directly or indirectly, through one

or more intermediaries, controls, is controlled by, or is under common control with, such entity. The term “control” means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through the ownership of voting securities, by contract or otherwise.

1.3 “Applicable Law” means, with respect to any party, any federal, state or local statute, law,

ordinance, rule, administrative interpretation, regulation, order, writ, injunction, directive, judgment, decree or other requirement of any international, federal, state or local court, administrative agency or commission or other governmental or regulatory authority or instrumentality, domestic or foreign, applicable to such party or any of its properties, assets or business operations.

1.4 “Applications” means the Records Management System and other applications as described in

Schedule A.

1.5 “Authorized User” means an Affiliate, employee or independent contractor of Subscriber (solely to

the extent such contractor is providing services to Subscriber), who has been authorized by Subscriber to use the SaaS Services.

1.6 “Documentation” means the user guides and user manuals for the SaaS Services that Mark43

provides to Subscriber.

1.7 “Go Live” means the date of cutover to each respective Mark43 Application.

1.8 “Integration Control Document” means the agreement, if applicable, governing any integrations

with Third Party Applications.

1.9 “Intellectual Property Rights” means all intellectual and industrial property rights, whether now

existing or existing in the future, including without limitation, (i) all patent rights, including any rights in pending patent applications and any related rights; (ii) all copyrights and other related rights throughout the world in works of authorship, including all registrations and applications therefor; (iii) all trademarks, service marks, trade dress or other proprietary trade designations, including all registrations and applications therefor (iv) all rights throughout the world to proprietary know-how, trade secrets and other confidential information, whether arising by law or pursuant to any contractual obligation of non-disclosure; and (v) all other rights covering industrial or intellectual property recognized in any jurisdiction.

1.10 “Professional Services” means the evaluation, consultation, implementation, customization,

configuration and other services offered by Mark43 in connection with the SaaS Services.

1.11 “Regular Usage Period” for any Application commences upon the occurrence of Go Live for that

Application.

1.12 “SaaS Services” means the Applications, Software, and related software-as-a-service, hosting,

maintenance and/or support services made available by Mark43 for remote access and use by Subscriber, including any Documentation thereto.

1.13 “Services” means the services provided or required to be provided by or through Mark43, including

without limitation, SaaS Services and Professional Services.

1.14 “Software” means the object code version of Mark43’s computer software and all Updates made

available by Mark43 to Subscriber under this Agreement.

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1.15 “Statement of Work” means a detailed plan of work to be agreed by the Parties in conjunction with

this Agreement.

1.16 “Subscriber Data” means all data, information, content and other materials stored or transmitted

by Subscriber and any Authorized User through the SaaS Services (i) in their user accounts; and (ii) on any Third Party Application, excluding any Third Party Data and any Mark43 Data.

1.17 “Term” means the Initial Term and any Renewal Term.

1.18 “Third Party Application" means a third-party service approved by Mark43 to which Subscriber

and any Authorized User facilitates Mark43’s access to, and use, of the SaaS Services, via an application programming interface or other means.

1.19 “Third Party Components” means any components of the SaaS Service from time to time that

are provided by third parties (e.g., Google Maps).

1.20 “Third Party Data” means any data owned by a third party that Mark43 provides to Subscriber via

the SaaS Service.

1.21 “Third Party Provider” means third parties, including other vendors, state agencies and local

agencies, that control products and/or databases with which Mark43 SaaS Services are to be interfaced.

1.22 “Updates” means any and all new releases, new versions, patches and other updates for the SaaS

Services that Mark43 makes generally available without additional charge to its other subscribers of the SaaS Services.

1.23 “Vendors” means third parties with whom Mark43 contracts to provide components of the SaaS

Services, and includes without limitation, Amazon Web Services (for platform hosting) and Google (for Google Maps).

1.24 “Website” means any Internet website through which Mark43 provides the SaaS Services under

this Agreement.

2. SERVICES.

2.1 SaaS Services. Subject to the terms of this Agreement, and during the Term, Mark43 hereby

grants a non-exclusive, non-transferable, non-sublicensable license to Subscriber and its Authorized Users to access and use the SaaS Services through the Website for Subscriber’s internal purposes and in accordance with the terms and conditions of this Agreement. Mark43 will be responsible for hosting the Website, and Subscriber and its Authorized Users will be responsible for obtaining internet connections and other third party software, hardware and services necessary for it to access the Website through the Internet, including without limitation as set forth in Schedule C, "Technical Requirements." Subscriber will be responsible to Mark43 for compliance

with the restrictions on use and other terms and conditions of this Agreement by any of its Authorized Users.

2.2 Professional Services. Mark43 offers Professional Services in connection with the SaaS Services

as further described in Schedule A. To the extent any Professional Services involve the development of any customization or configuration to the SaaS Services, all Intellectual Property Rights to such customization or configuration will be solely owned by Mark43 and will be deemed to be included in the definition of SaaS Services and licensed to Subscriber on the terms set forth herein.

2.3 Access to Documentation. Mark43 will provide Subscriber via the Website or other means with

access to the Documentation, as may be updated from time to time. Subscriber may print copies of, use, and permit its Authorized Users to use, the Documentation solely in connection with the use of the SaaS Services.

2.4 Support Services. Mark43 will provide a telephone-based help desk through which it will respond

to inquiries about the SaaS Services from Subscriber via telephone from 7 AM to 7 PM (Eastern Time), Mondays through Fridays (excluding U.S. Federal holidays). Mark43 also provides a 24/7 email based help desk for the SaaS Services as set forth in Schedule A.

2.5 Restrictions on Use. Subscriber and its Authorized Users will not (and will not permit any third

party to): (i) share Subscriber’s or any Authorized User’s login credentials; (ii) reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code, underlying ideas, algorithms, file formats, or interface protocols of the SaaS Services or of any files contained in or

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generated by the SaaS Services; (iii) copy, modify, adapt or translate the SaaS Services or the Third Party Data, or otherwise make any use, resell, distribute or sublicense the SaaS Services or the Third Party Data other than in connection with this Agreement; (iv) make the SaaS Services available on a “service bureau” basis or allow any third parties to use the SaaS Services; (v) disclose the SaaS Services or any of its components to third parties; (vi) remove or modify any proprietary marking or restrictive legends placed on the SaaS Services or the Third Party Data; (vii) use the SaaS Services or the Third Party Data in violation of any Applicable Law; (viii) create or augment any mapping-related dataset including a mapping or navigation dataset, business listings database, mailing list, or telemarketing list) for use in an implementation that is not connected to the Services; (ix) use the SaaS Services or the Third Party Data in violation of any Applicable Law; (x) introduce into the Services an viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature; (xi) use the Services to post advertising or listings; (xii) use the Services to defame, abuse, harass, stalk, or threaten others; (xiii) permit access or use of the Services by any individual outside the United States; (xiv) hide or obscure any Authorized User’s location; (xv) permit access or use of the Services, for any activities other than to enhance Subscriber’s own services, where reliance solely on, or failure to use, the Services could lead to death, personal injury, or property damages. Subscriber and its Authorized Users will not access the SaaS Services if in direct competition with Mark 43, and will not allow access to the SaaS Services by any party who is in direct competition with Mark43, except with Mark43's prior written consent. Subscriber shall comply with additional restrictions on use of the Services in Additional Terms, as defined in Section 2.10 below.

2.6 Security Obligations. Subscriber agrees it and its Authorized Users shall securely manage their

respective password(s) for access to the SaaS Service. Subscriber agrees it shall notify Mark43 promptly in the event it becomes aware of any unauthorized access or use of the SaaS Service, or of any of its or its Authorized Users passwords or accounts. Unless expressly stated otherwise in this Agreement, a single username or password may not be used by more than one (1) Authorized User. [In addition, Authorized Users may log into the SaaS Service from only one location at any given time – concurrent usage (or sign in) under a single username is prohibited.] Subscriber is responsible for all activities conducted within User accounts in use of the SaaS Service. Subscriber shall comply with all applicable local, state, federal and regional or other laws and regulations applicable in connection with use of the SaaS Service, including all those related to data privacy and the transmission of technical or personal data. Subscriber agrees to (a) provide true, accurate, current and complete registration data for each account it creates via the SaaS Service, and (b) maintain and promptly update the registration data to keep it true, accurate, current and complete.

2.7 Title. As between Mark43 and Subscriber, Mark43 retains title to and ownership of the SaaS

Services, including all copyrights and other Intellectual Property Rights relating thereto. Mark43’s licensors retain title to and ownership of the Third Party Data and the Third Party Components, including all copyrights and other intellectual property rights relating thereto. Subscriber will have no rights with respect to the SaaS Services, the Third Party Data or the Third Party Components other than those expressly granted under this Agreement. Any suggestions for changes or improvements to Services that Subscriber provides to Mark43, whether solicited by Mark43 or not, shall be owned by Mark43 and Subscriber hereby irrevocably assigns, and shall assign, to Mark43 all right, title, and interest in and to such suggestions. Mark43 shall have no obligation to incorporate such suggestion into its products or Services.

2.8 Subscriber Data. As between Mark43 and Subscriber, Subscriber owns and shall retain all right,

title, and interest, including, without limitation, all Intellectual Property Rights, in and to the Subscriber Data. Subscriber shall have the sole responsibility for the accuracy, quality, and legality of the Subscriber Data, including obtaining all rights and consents necessary to share the Subscriber Data with Mark43 as set forth in this Agreement. Notwithstanding anything to the contrary contained herein, Subscriber hereby grants to Mark43 an irrevocable, worldwide, royalty free, non-exclusive, transferable, sublicensable license to use the Subscriber Data to: provide the SaaS Services to Subscriber and other Mark43 subscribers; analyze the Subscriber Data in anonymized and/or aggregate form in order to operate, maintain, manage, and improve the SaaS Services, create new products and services, and share and/or license this aggregate data to Affiliates, agents, business partners, and other third parties; for Mark43’s internal purposes to improve the Applications, Software, and related services, and any other uses disclosed in or related to performance under the Agreement or any statement of work. Mark43 assumes sole responsibility for its use of any Subscriber Data for any purpose not authorized under this Agreement.

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2.9 Third Party Applications. If Subscriber installs or enables a Third Party Application for use with

the SaaS Services, Subscriber grants (and will cause the applicable third party to grant) Mark43 permission to access Subscriber Data stored on that Third Party Application as required for the interoperation of that Third Party Application with the SaaS Services. In no event will Mark43 be responsible for any Third Party Application, or for any failure of a Third Party Application to properly interoperate with the SaaS Services. If Mark43 receives information that a Third Party Application may violate any Applicable Laws or Third Party rights, Subscriber will, promptly upon receiving notice of the foregoing from Mark43, disable any connection between such Third Party Application and the SaaS Services to resolve the potential violation (and if Subscriber fails to promptly disable such connection, Mark43 shall have the right to do so). In addition, in the event that Subscriber fails to properly obtain the grant of rights to Mark43 to access and use Third-Party Data as required for the interoperation of that Third-Party Application, Subscriber shall defend, indemnify, and hold harmless Mark43 from any and all claims based on Mark43's use of such Third-Party Application in connection with the provision of Services to Subscriber, as defined this Agreement.

2.10 Third Party Components.

(a) Use of Third-Party Components. Mark43 may use Vendors in the performance of its duties

and obligations hereunder and to provide certain functions of the Services, including without limitation, hosting and data analysis. Certain Vendor policies and terms and conditions of service shall apply to the Services. Such terms, or URL locator addresses for such terms, will be provided on Schedule D or in writing from time to time, "Additional Terms." If any of the

Vendors and/or licensors of the Third-Party Components require Mark43 to flow down any Additional Terms to Subscriber, Subscriber’s use of such Third-Party Components, as incorporated into the SaaS Service, shall be subject to such Additional Terms. In the event of any inconsistency or conflict between the Additional Terms and the terms of this Agreement, such Additional Terms shall govern with respect to Subscriber’s use of the applicable Third Party Component.

(b) DISCLAIMER REGARDING THIRD PARTY COMPONENTS. MARK43, NOT BEING THE

PROVIDER OR MANUFACTURER OF THE THIRD PARTY COMPONENTS, NOR THE PROVIDERS’ OR MANUFACTURERS’ AGENT, MAKES NO EXPRESS OR IMPLIED WARRANTY OF ANY KIND WHATSOEVER WITH RESPECT TO THE THIRD PARTY COMPONENTS AND DISCLAIMS ANY SUCH WARRANTIES THAT MIGHT OTHERWISE EXIST.

2.11 Third Party Data. Subscriber shall access and use the Third Party Data in accordance with the

terms and conditions of the agreement between the Subscriber and the provider of such Third Party Data. MARK43, NOT BEING THE PROVIDER OR MANUFACTURER OF THE THIRD PARTY DATA, NOR THE PROVIDERS’ OR MANUFACTURERS’ AGENT, MAKES NO EXPRESS OR IMPLIED WARRANTY OF ANY KIND WHATSOEVER WITH RESPECT TO THE THIRD PARTY DATA AND DISCLAIMS ANY SUCH WARRANTIES THAT MIGHT OTHERWISE EXIST.

2.12 Agreements with Third Party Providers. Subscriber, and not Mark43, is solely responsible for

establishing any required agreement(s) and/or statement(s) of work with Third Party Providers in connection with the interfaces, and for paying all fees, costs and expenses of Third Party Providers.

2.13 Changes to Services. Mark43 may make changes and Updates to its Services, provided that it

does not materially derogate the overall quality of the Services. Mark43 does not guarantee that the Services are or will remain compatible with any particular third party software or equipment, and may, upon written notice, terminate its support for, any software or equipment of Subscriber that Mark43 determines are incompatible with the operation of the Services.

3. FEES AND PAYMENT TERMS.

3.1 Fees for Mark43 Services. Subscriber will pay Mark43 fees as stated on Schedule A (the “Fees”)

attached hereto in accordance with the payment schedule set forth on Schedule A. All payments of Fees are non-refundable. All amounts stated in this Agreement or on any invoice are in U.S. dollars, and all payments will be made in U.S. dollars. Unless prohibited by local law, overdue payments will accrue interest at the lesser of one and one-half percent (1.5%) per month or the maximum allowable interest under Applicable Law, from due date until paid. Subscriber will pay any sales, use or other tax related to the license and services provided hereunder, exclusive of income taxes and payroll taxes relating to Mark43’s employees. Subscriber agrees that its use of and payment for Services constitutes its inspection and acceptance of such Service.

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3.2 Third-Party Data and Third-Party Components. Additional fees may apply to the use of certain

Third-Party Data and Third-Party Components, which if provided by Mark43, such fee may be included within the Fees. Mark43 may pass through any increase in such fees for Third Party Components or Third Party Data, relating to any existing Services, by giving Subscriber thirty (30) days’ advance written notice.

3.3 Taxes. Subscriber will pay all taxes, including sales, use, excise, and other governmental fees,

duties, and charges (and any penalties, interest, and other additions thereto) that are imposed on Subscriber or Mark43 with respect to the transactions and payments under this Agreement (excluding taxes based on Mark43’s income or employment) (“Indirect Taxes”). All Fees are

exclusive of Indirect Taxes. If any such taxes are required to be withheld on any payment, Subscriber will pay such additional amounts as are necessary so that the net amount received by Mark43 is equal to the amount then due and payable under this Agreement.

4. TERM AND TERMINATION.

4.1 Term.

(a) Initial Term. The initial term of this Agreement begins on the Effective Date and will continue for

the period set forth on Schedule A, unless and until terminated in accordance with Section 4.2 (the “Initial Term”).

(b) Renewal Terms. Upon expiration of the Initial Term or any Renewal Term, this Agreement will automatically renew for successive periods as set forth on Schedule A (each, a “Renewal Term”) at the rates set forth on Schedule A, unless either party provides the other with written

notice of non-renewal at least thirty (30) days prior to the expiration of the then-current term.

4.2 Temporary Suspension and Termination.

(a) Either party may terminate this Agreement upon written notice to the other party, if the other party breaches a material term of this Agreement and such breach remains uncured for thirty (30) days after the other party’s receipt of such notice.

(b) If Mark43 reasonably determines that Subscriber’s use of the Services either: (i) fails to comply with the Restrictions on Use in Section 2.5; (ii) poses a security risk to the Services or any third party, (iii) creates or is likely to create an adverse impact on Mark43’s systems, the Services, or the systems or content of any other subscriber; or (iv) subjects Mark43 or its Affiliates to possible liability, then Mark43 may immediately upon notice temporarily suspend Subscriber’s and any Authorized User’s right to access any portion or all of the Services, pending remedial action by Subscriber, or after a period of 30 days, terminate the Services.

4.3 Effect of Termination. In the event of any termination or expiration of this Agreement,

(a) Subscriber will pay Mark43 all amounts payable hereunder as of the termination or expiration date;

(b) all rights and licenses granted hereunder to Subscriber (as well as all rights granted to any Authorized Users of Subscriber) will immediately cease, including but not limited to all use of the SaaS Services; and

(c) Mark43 will provide records to Subscriber in accordance with its transition assistance services (“Transition Assistance”) as set forth in Schedule B.

(d) Subscriber will, upon written request of Mark43, either return to Mark43 or provide Mark43 with written certification of the destruction of, all documents, computer files and other materials containing any Confidential Information of Mark43 that are in Subscriber’s possession or control.

4.4 Survival. The following provisions will survive any termination or expiration of this Agreement:

Section 2.8 (“Subscriber Data”), Section 2.9 (“Third Party Applications”), Section 2.10 (“Third Party Components”), Section 2.11 (“Third Party Data”), Section 4.3 (“Effect of Termination”), Section 5 (“Confidentiality”), Section 6.2 (“No Other Warranties”), Section 7 (“Limitation of Liability”), Section 8 (“Indemnification”), Section 9 (“Miscellaneous Provisions”), Schedule B (“Transition Assistance”) and this Section 4.4 (“Survival”).

5. CONFIDENTIALITY.

5.1 Definition of Confidential Information. For the purposes of this Agreement, “Confidential Information” means: (a) with respect to Mark43, the SaaS Services, and any and all source code

relating thereto, as well as Documentation and non-public information or material regarding

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Mark43’s legal or business affairs, financing, customers, properties or data, and (b) with respect to Subscriber, any non-public information or material regarding Subscriber's legal or business affairs, financing, customers, properties or data. Notwithstanding any of the foregoing, Confidential Information does not include information which: (i) is or becomes public knowledge without any action by, or involvement of, the party to which the Confidential Information is disclosed (the “Receiving Party”); (ii) is documented as being known to the Receiving Party prior to its disclosure by the other party (the “Disclosing Party”); (iii) is independently developed by the Receiving Party

without reference or access to the Confidential Information of the Disclosing Party and is so documented; or (iv) is obtained by the Receiving Party without restrictions on use or disclosure from a third person who did not receive it, directly or indirectly, from the disclosing party.

5.2 Use and Disclosure of Confidential Information. The Receiving Party will, with respect to any

Confidential Information disclosed by the Disclosing Party before or after the Effective Date: (i) use such Confidential Information only in connection with the Receiving Party’s performance of this Agreement; (ii) subject to Section 5.4 below, restrict disclosure of such Confidential Information within the Receiving Party’s organization to only those of the Receiving Party’s employees and independent contractors who have a need to know such Confidential Information in connection with the Receiving Party’s performance of this Agreement and (iii) except as provided herein, including without limitation Section 5.5. below, , not disclose such Confidential Information to any third party unless authorized in writing by the Disclosing Party to do so.

5.3 Protection of Confidential Information. The Receiving Party will protect the confidentiality of any

Confidential Information disclosed by the Disclosing Party using at least the degree of care that it uses to protect its own confidential information (but no less than a reasonable degree of care).

5.4 Employee and Independent Contractor Compliance. The Receiving Party will, prior to providing

any employee or independent contractor access to any Confidential Information of the Disclosing Party, inform such employee or independent contractor of the confidential nature of such Confidential Information and require such employee or independent contractor to comply with the Receiving Party’s obligations hereunder with respect to such Confidential Information.

5.5 Required Disclosures. If a party is requested to disclose any of the other party’s Confidential

Information under the Oregon Public Records Law, or pursuant to any judicial or governmental order, that party will not disclose the Confidential Information without first giving the other party written notice of the request and sufficient opportunity to contest the order, to the extent such notice and opportunity to contest may be lawfully given. If one party is nonetheless legally compelled to disclose Confidential Information, such party may, without liability hereunder, disclose only that portion of the Confidential Information which such counsel advises it is legally required to be disclosed, provided that such party shall use its best efforts to preserve the confidentiality of the Confidential Information, including, without limitation, by cooperating with the other party to obtain an appropriate protective order or other reliable assurance that confidential treatment will be afforded the Confidential Information by such tribunal. Without limiting the foregoing, Subscriber shall notify Mark43 of any requests for records relating to Mark43 (including, without limitation, user guides or Documentation, or documents submitted by Mark43 in response to the RFP) within one business day of receipt of the request, and provide Mark43 with at least ten (10) business days’ notice before disclosing any such records.

5.6 Information Collected Through SaaS Services. Subscriber is solely responsible for compliance

with applicable laws related to the manner in which Subscriber chooses to use the Services, including Subscriber’s transfer and processing of Subscriber Data. Subscriber understands and agrees that when it uses certain features of the SaaS Services, certain information and data may be collected from Authorized Users, including monitoring and recording activity, and tracking physical location, which may include personal identifying information. Subscriber agrees that Mark43 may use such information to (i) provide more effective Services, (ii) to develop and test its Services, (iii) to aggregate such information and combine it with that of other Users, and (iv) to use anonymous aggregate data to improve the Services or for marketing, research or other business purposes. Provision of Services may involve the disclosure of such information to Vendors or

Affiliates on the condition that they agree to treat such information in a manner substantially in accordance with this Agreement. Subscriber may revoke its consent to Mark43's collecting and using such data at any time by written notice to Mark43; provided, however, that Subscriber agrees that such revocation of consent may impair or render impossible the Subscriber's use of the SaaS Services.

5.7 CJIS Standards; Employee Background Checks.

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(a) Subscriber understands and agrees that Mark43 utilizes third party vendors (“Hosting Providers”) to host the SaaS Services. As of the Effective Date of this Agreement, Mark43 utilizes Amazon Web Services (AWS) as its Hosting Provider for the SaaS Services. Subscriber may request reasonable records from Mark43 from time to time to assess Mark43’s adherence to requirements of the applicable CJIS Security Policy promulgated by the FBI. For the avoidance of doubt, Subscriber may need the consent of Hosting Provider to obtain any records or information from Hosting Provider.

(b) Subscriber will have the opportunity to run background checks on Mark43 employees that will have direct access to Subscriber Data in the production environment (such employees, the “Covered Employees”), provided that Mark43 may assume that a Covered Employee has been cleared by Subscriber if Mark43 does not receive an adverse response from Subscriber within two (2) weeks of a submission of a background check request.

6. REPRESENTATIONS AND WARRANTIES.

6.1 Power and Authority. Each party represents and warrants that it has the full right, power and

authority to enter into this Agreement and to discharge its obligations hereunder and that the person signing this Agreement on behalf of the party has the authority to bind that party. Subscriber represents and warrants that it has obtained, and shall have, all necessary approvals, consents, and authorizations necessary for procurement under this Agreement and that its obligations under this Agreement do not, and shall not, exceed any budget authority limitations, during the Term of this Agreement. Subscriber further represents that it has not received federal funding in connection with procurement under this Agreement.

6.2 No Other Warranties. Use of the SaaS Services is not intended to be a substitute for the

professional judgment of dispatchers, law enforcement officers, or first responders. The SaaS Services do not provide legal advice. Subscriber shall be responsible for all its own actions or failure to act in connection with the SaaS Services. Mark43 cannot guarantee that every error in the SaaS Services or problem raised by Subscriber will be resolved. THE SERVICES, THE THIRD PARTY COMPONENTS, AND THE THIRD PARTY DATA ARE PROVIDED “AS IS.” MARK43 ASSUMES NO RESPONSIBILITY OR RISK FOR SUBSCRIBER'S USE OR MISUSE OF, OR FAILURE TO USE, THE INFORMATION PROVIDED THROUGH THE SAAS SERVICES. MARK43 MAKES NO WARRANTY THAT THE SERVICES WILL BE COMPLIANT WITH ANY REQUIREMENTS OF CJIS (CRIMINAL JUSTICE INFORMATION SERVICES) OR CLETS (CALIFORNIA LAW ENFORCEMENT TELECOMMUNICATIONS SYSTEM) OR ANY EQUIVALENT. DUE TO THE NATURE OF SOFTWARE AND THE INTERNET, MARK43 CANNOT GUARANTEE THAT EVERY ERROR IN THE SAAS SERVICES OR PROBLEM RAISED BY SUBSCRIBER WILL BE RESOLVED. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 6 NEITHER PARTY MAKES ANY WARRANTY IN CONNECTION WITH THE SERVICES, THE THIRD PARTY COMPONENTS, THE THIRD PARTY DATA OR THIS AGREEMENT AND HEREBY DISCLAIMS ANY AND ALL IMPLIED OR STATUTORY WARRANTIES, INCLUDING ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, ERROR-FREE OR UNINTERRUPTED OPERATION OR THAT THE SERVICES, THIRD-PARTY COMPONENTS AND THIRD-PARTY DATA ARE UP TO DATE, ACCURATE OR COMPLETE, SECURE FROM LOSS OR DAMAGE, OR FREE OF HARMFUL COMPONENTS, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. To the extent that a party may not as a matter of Applicable Law disclaim any implied warranty, the scope and duration of such warranty will be the minimum permitted under such law.

7. LIMITATION OF LIABILITY.

7.1 Liability Exclusion. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR

ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR FOR ANY OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE FURNISHING, PERFORMANCE, OR USE, OR FAILURE OF, OF THE SERVICES, THE THIRD PARTY COMPONENTS OR THE THIRD PARTY DATA PROVIDED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, DEATH, DAMAGE TO PROPERTY, ENVIRONMENTAL DAMAGE, LOSS OF PROFITS, REVENUES, ANTICIPATED SAVINGS, CUSTOMERS, OPPORTUNITIES, DAMAGE TO PRIVACY, REPUTATION OR GOODWILL OR UNAVAILABILITY OF THE SERVICES, REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY THEREOF.

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7.2 Limitation of Damages. MARK43’S MAXIMUM LIABILITY ARISING OUT OF OR RELATING TO

THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED THE AGGREGATE AMOUNT OF THE FEES PAID AND PAYABLE TO MARK43 BY SUBSCRIBER DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM ARISES. . MARK43 SHALL HAVE NO LIABILITY ARISING OUT OF OR RELATING TO THE THIRD-PARTY COMPONENTS OR THE THIRD-PARTY DATA. .

7.3 Exceptions. NOTWITHSTANDING THE FOREGOING, THE EXCLUSIONS AND LIMITATIONS

OF LIABILITY SET FORTH IN SECTION 7.1 AND SECTION 7.2 SHALL NOT APPLY TO DAMAGES ARISING FROM EITHER PARTY’S INDEMNITY OBLIGATIONS UNDER THIS AGREEMENT OR EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

8. INDEMNIFICATION.

8.1 Indemnification by Mark43. Mark43 will defend, indemnify and hold harmless Subscriber and its

Authorized Users, and each of their officials, officers, directors, managers, shareholders, members agents and employees from any and all claims, liabilities, costs and expenses (including reasonable attorney’s fees and expert and consulting fees) in connection with any third party claim arising after the Effective Date that the use of the SaaS Services (excluding any open source software) in accordance with this Agreement: infringes or misappropriates the United States intellectual property rights of third party; provided, however, that the foregoing obligations shall be subject to Subscriber (a) promptly notifying Mark43 of the claim, (b) providing Mark43 with reasonable cooperation in the defense of the claim when Subscriber becomes aware and (c) providing Mark43 with sole control over the defense and negotiations for a settlement or compromise; provided, however, that Mark43 shall not enter into any such settlement without Subscriber’s prior written consent, which consent will not be unreasonably withheld, and that Subscriber shall be permitted to participate in the defense of any such claim, at its own expense, with counsel of its choosing. Notwithstanding the foregoing, Mark43 shall have no obligation with respect to a third party claim to the extent the third party claim arises from: (s) claims arising solely out of acts or omissions of Subscriber or its users, employees or contractors; (t) claims brought by Subscriber or its Affiliates or Authorized Users; (u) claims arising from the use of old versions software after receipt of modified or updated versions of software; (v) claims arising from the use of Third Party Applications, Third Party Components or Third Party Data; (w) claims arising from any data, product specifications, information or materials provided by Subscriber hereunder for the provision of Services to Subscriber by Mark43, when used in connection with the SaaS Services or any customization or configuration made to the SaaS Service proposed by or provided by Subscriber under a Statement of Work; (x) use of the SaaS Services in combination with modules, apparatus, hardware, software, or services not authorized by Mark43 or specified in the Documentation for use with the SaaS Services; (y) use of the SaaS Services in a manner that is not in accordance with this Agreement or the Documentation; (z) the alteration or modification of the SaaS Services by a party other than Mark43, unless such alterations and modifications were authorized by Mark43 or specified in the Documentation for use with the SaaS Services.

8.2 Indemnification by Subscriber. Except where prohibited by law, Subscriber will defend,

indemnify and hold harmless Mark43 and its Affiliates, and each of their officers, directors, managers, shareholders, members and employees from any and all claims, liabilities, costs and expenses (including reasonable attorney’s fees and expert and consulting fees) in connection with (I) any third party claim arising after the Effective Date relating to (i) any allegation that any data, product specifications, information or materials provided by Subscriber hereunder, including, without limitation, the Subscriber Data and Third Party Applications, when used in connection with the SaaS Services or any customization or configuration made to the SaaS Service proposed by or provided by Subscriber under a Statement of Work: (a) infringes or misappropriates any Intellectual Property Rights of a third party, or (b) violates any Applicable Laws; (ii) the actual or alleged violation of Applicable Law by Subscriber, any Authorized User, or any Affiliate, employee, agent or independent contractor of Subscriber; or (iii) Subscriber’s breach of this Agreement; provided, however, that the foregoing obligations shall be subject to Mark43 (x) promptly notifying Subscriber of the claim, (y) providing Subscriber with reasonable cooperation in the defense of the claim and (z) providing Subscriber with sole control over the defense and negotiations for a settlement or compromise; provided, however, that Subscriber shall not enter into any such settlement without Mark43’s prior written consent, which consent will not be unreasonably withheld, and that Mark43 shall be permitted to participate in the defense of any such claim, at its own expense, with counsel of its choosing; (II) disabling a connection to a Third Party Application at Subscriber’s request; (III)

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Subscriber's actions or failure to act, resulting in any third-party claim for personal injury or death, damage to personal property or reputation, environmental damage, interference with contract or employment, or violation of privacy; (IV) any request pursuant to a judicial or governmental order or other similar process, including but not limited to a subpoena or FOIA request or discovery request, seeking the disclosure of any Subscriber Data or other information collected or maintained by Mark43 in connection with the SaaS Services. For the avoidance of doubt, and without limiting the foregoing, Subscriber hereby acknowledges that Mark43 shall have no implicit or explicit obligation to challenge, oppose or defend against any request described in Clause (IV) of this subsection unless and until Subscriber reaffirms that it will honor its indemnification obligations as provided herein.

9. MISCELLANEOUS.

9.1 Notices. Unless otherwise specified herein, all notices and other communications between the

parties required or permitted by this Agreement or by Applicable Law, will be deemed properly given, if given by (i) personal service, (ii) registered or certified mail, postage prepaid, return receipt requested, or (iii) nationally recognized private courier service, to the respective addresses of the parties set forth below or such other addresses as the respective parties may designate by like notice from time to time. Notices so given will be effective upon (a) receipt by the party to which notice is given; or (b) on the fifth (5th) business day following mailing, whichever occurs first:

If to Mark43:

Mark43, Inc. 28 E. 28th Street 12th Floor New York, NY 10016 Attn: David Jochim Email: [email protected] Copy to: Mark43, Inc. 28 E. 28th Street 12th Floor New York, NY 10016 Attn: General Counsel Email: [email protected]

If to Subscriber: City of North Plains 31360 NW Commercial Street North Plains, OR 97133 Attn: Jesse Baker, Chief of Police Email: [email protected]

Copy to: Beery, Elsner & Hammond, LLP 1750 SW Harbor Way, Suite 380 Portland, OR 97201 Attn: Spencer Parsons Email: [email protected]

9.2 Assignment. Neither party may assign or otherwise transfer any of its rights or obligations under

this Agreement without the prior, written consent of the other party; provided, however, that a party may, without the consent of the other party, assign or otherwise transfer this Agreement to any of its Affiliates or to an entity with or into which it is merged or consolidated or to which it sells all or substantially all of its stock or other equity interests or all or substantially all of its assets. Any assignment or other transfer in violation of this section will be null and void. Subject to the foregoing, this Agreement will be binding upon and inure to the benefit of the parties hereto and their permitted successors and assigns.

9.3 Dispute Resolution. In the event of a dispute arising under or relating to this Agreement, the

parties agree to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act ("FAA"). All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court with jurisdiction over the parties may enforce the arbitrator’s award. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA) then in effect, which is available at the AAA website www.adr.org. If those rules conflict with this provision, this provision shall control. The arbitration shall be conducted before a panel of one or more arbitrators. The arbitrator(s) shall be selected from the AAA’s National Roster of Arbitrators pursuant to agreement between the parties or through selection procedures administered by the AAA. The arbitration may be conducted in person, through the submission of documents, by phone or online. If conducted in person, the arbitration shall take place in New York, New York. The arbitrator(s) shall determine the matters in dispute strictly in accordance with the terms of this Agreement and the substantive law of the State of New York, excluding its principles of conflicts of laws, except that the interpretation and enforcement of this arbitration provision shall be governed by the FAA. The parties agree that New York, New York, USA is the proper forum for any appeals

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of an arbitration award or for trial court proceedings in the event that the arbitration provision herein is found to be unenforceable.

The award of the arbitrator(s) shall be the sole and exclusive remedy between the parties regarding any claims, counterclaims, issues or accountings presented or pled to the arbitrators, provided that THE ARBITRATOR(S) SHALL HAVE NO AUTHORITY TO AWARD EITHER PARTY ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS), OR ATTORNEYS’ FEES OR COSTS. The parties may litigate in court and shall submit to the personal jurisdiction of the federal and state courts located in New York, New York, USA, for any action to do the following: (i) to compel arbitration; (ii) to stay proceeding pending arbitration; (iii) seek injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation or violation of a its copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, including any provisional relief required to prevent irreparable harm; (iv) to protect or defend the ownership, validity or enforcement of any intellectual property rights; (v) or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The parties agree that New York, NY USA is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision herein is found to be unenforceable.

The arbitration award and record, and any Confidential Information that is used at or in connection with the arbitration shall not be disclosed to third parties by the arbitrator(s) or the parties without the prior written consent of both parties. Neither the fact that the arbitration occurred nor the result of the arbitration shall be admissible in evidence in a subsequent proceeding brought on the same claims that were presented at the arbitration.

9.4 Force Majeure. Except with respect to failure to pay any amount due under this Agreement,

nonperformance of either party will be excused to the extent that performance is rendered impossible by strike, fire, flood, governmental acts that are not caused by or within the control of the nonperforming party, orders or restrictions, failure of suppliers, or any other reason where failure to perform is beyond the control and not caused by the negligence of the non-performing party.

9.5 No Waiver. The failure of either party to enforce at any time for any period any provision hereof

will not be construed to be a waiver of such provision or of the right of such party thereafter to enforce each such provision, nor shall any single or partial exercise of any right or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right or remedy. No waiver of any rights is to be charged against any party unless such waiver is in writing signed by an authorized representative of the party so charged.

9.6 Amendment. No modification, change or amendment to this Agreement shall be effective unless

in writing signed by Subscriber and Mark43. No term included in any invoice, estimate, confirmation, acceptance, purchase order or any other similar document in connection with this Agreement will be effective unless expressly stated otherwise in a separate writing signed by Subscriber and Mark43.

9.7 Relationship of the Parties. The relationship of the parties established by this Agreement is that

of independent contractors and nothing contained herein will be construed to (a) give any party any right or authority to create or assume any obligation of any kind on behalf of any other party or (b) constitute the parties as partners, joint ventures, co-owners or otherwise as participants in a joint or common undertaking.

9.8 Severability. Any term or provision of this Agreement that is invalid or unenforceable in any

jurisdiction will, to the extent the economic benefits conferred thereby to the parties remain substantially unimpaired, be ineffective to the extent of such invalidity or unenforceability without rendering invalid or unenforceable the remaining terms and provisions or affecting the validity or enforceability of any of such terms or provisions in any other jurisdiction.

9.9 Headings. The titles and headings contained in this Agreement are for reference purposes only

and shall not in any manner limit the construction or interpretation of this Agreement.

9.10 Counterparts. This Agreement may be executed, including by electronic signature, in two or more

counterparts, each of which shall be an original and all such counterparts together shall constitute one and the same instrument. Electronically executed or electronically transmitted (including via facsimile transmission) signatures have the full force and effect of original signatures.

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9.11 Cumulative Remedies. All remedies for breach of this Agreement are cumulative, and may be

exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies.

9.12 Export Compliance. In connection with this Agreement, each party will comply with all applicable

import, re-import, export, and re-export control laws and regulations, including the Export Administration Regulations, the International Traffic in Arms Regulations, and country-specific economic sanctions programs implemented by the Office of Foreign Assets Control.

9.13 Compliance with Laws. Each party shall comply with all Applicable Laws relating or pertaining to

the use of the Services. Each party shall ensure that its use of all Subscriber Data complies with all Applicable Laws relating to the privacy of third parties or the protection of their personal data promulgated by any governmental, municipal, or legal authority having jurisdiction over either party or the End User Data covered by this Agreement. “Applicable Laws” means all applicable

provisions of all (x) constitutions, treaties, statutes, laws (including the common law), rules, directives, regulations, ordinances, codes or orders of any governmental authority and (y) orders, decisions, injunctions, judgments, awards and decrees and consents of or agreements with any such entity. Each party shall comply with local anti-bribery laws as well as the U.S. Foreign Corrupt Practices Act, as well as any other applicable laws and regulations. In connection with its performance under the Agreement, neither party shall directly or indirectly: (A) offer, pay, promise to pay, or authorize the payment of any money, gift or other thing of value to any person who is an official, agent, employee, or representative of any government or instrumentality thereof or to any candidate for political or political party office, or to any other person while knowing or having reason to believe that all or any portion of such money, gift or thing of value will be offered, given, or promised, directly or indirectly, to any such official, agent, employee, or representative of any government or political party, political party official or candidate; (B) offer, promise or give any person working for, or engaged by, the other party a financial or other advantage to (i) induce that person to perform improperly a relevant function or activity; or (ii) reward that person for improper performance of a relevant function or activity; or (C) request, agree to receive or accept any financial or other advantage as an inducement or a reward for improper performance of a relevant function or activity in connection with this Agreement. Each party represents and warrants that it shall be responsible for compliance with this provision by all third parties engaged by it to perform services related to this Agreement and shall require that such third parties agree to comply with all legal requirements required of such party under this Agreement.

9.14 Certain Waivers Unenforceable. Subscriber agrees that it will not ask Mark43, or any Mark43

employee or contractor, to sign a document that waives liability for property damage, injury, or death that occurs on Subscriber's real property or property (such as vehicles) that is owned or controlled by Subscriber, or in the course of performing a ride-along or comparable activity with Subscriber’s personnel. Subscriber further agrees that any waiver signed by a Mark43 employee or contractor is null, void, and unenforceable against Mark43 and its employees and contractors.

9.15 Entire Agreement. This Agreement supersedes all previous understandings, agreements and

representations between the parties, written or oral and constitutes the entire agreement and understanding between the parties with respect to the subject matter thereof and incorporates all representations, warranties, covenants, commitments and understandings on which they have relied in entering into this Agreement, and, except as provided for herein, neither party makes any covenant or other commitment concerning its future action nor does either party make any promises, representations, conditions, provisions or terms related thereto.

9.16 Supporting Documents.

The following documents are, by this reference, expressly incorporated into this Agreement and are collectively referred to herein as the “Supporting Documents:”

Schedule A: Services Schedule

Schedule B: Transition Assistance

Schedule C: Technical Requirements

Schedule D: Additional License Terms

This Agreement and the Supporting Documents shall be construed to be mutually complimentary and supplementary whenever possible. In the event of a conflict that cannot be resolved, the provisions of this Agreement itself shall control over any conflicting provisions in any of the Supporting Documents.

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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized

representatives. MARK43, INC. CITY OF NORTH PLAINS, OREGON

By: By:

Name:_______________________________________

Title:

Name:_______________________________________

Title:

Date: Date:

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SCHEDULE A

Services Schedule

1. Services. The Services covered by this Agreement consists of the following:

a. Professional Services:

i. Implementation Phase:

1. Project Management 2. RMS Configuration 3. RMS Functional Testing 4. RMS Trainer Training 5. RMS Cutover Support

ii. Post-implementation Phase

1. N/A iii. Optional Professional Services:

1. N/A

b. SaaS Services:

i. The Applications to be provided are described as follows: 1. Mark43 Records Management (RMS)

Report Writing

In-station and mobile field reporting

Incident, Offense and Arrest Reports

Field Contact Reports

Use of Force Reports

Active Error Validation

Smart Duplicate Data Entry Logic and Prevention

Unlimited Report Attachments

Auto-Validation of Fields, Locations and People

Word Processing Tools

Context Sensitive Report Export Formats

Full Report Audit History

Email and In-App Notifications

User Specific Reports Dashboard

Case Management

Seamless Report Import

Active Master Entity Sync

Unlimited Case Attachments

Dashboard for Case Tracking

Configurable Task Lists by Case Type

Dynamic Master Entity Profiles


Context-Sensitive Case Export Formats

Property and Evidence

Mobile Device Application for Barcode Scanning, Audits and ID Capture

Automatic Custodial Property Report Generation

Master Item Profile

Configurable Barcodes and Disposition Notifications

Bulk Item Filtering and Actioning

Dashboard for Inventory Management

Immutable Chain of Custody

Storage Location Setup and Customization


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Full Evidence Audit History

Chain of Custody Validations and Guardrails

Digitally capture signatures and photos ID’s

Batch Label Printing

Support for Zebra Printing

Automated disposition approval process with customizable retention periods

Warrant Management

Linked Incident/Arrest Reports, Warrants, and Entity Records

Dashboard for Warrant Tracking and Management

Configurable Warrant Number Format, Fields and Permissions

Context-Sensitive Warrant Export Formats

Stat Reporting and Crime Analysis

Active Error Detection

Automatic NIBRS Code Mapping

Integrated NIBRS Workspace for Report Creation

Advanced RMS and Entity Search

Multi-Input and Fuzzy Match Search Filters

Comprehensive Analysis Filters

System Administration

Configurable Permissions & Roles for Individual Users& Records

Configurable Fields, Statutes, Codes & Validation Rules

Shapefile Import

Configurable Street & Location Aliases

Configurable Department Alerts & Notifications

IP Address Whitelisting & Blacklisting for Enhanced Security

Open API for Third- Party Connections

Custom Units, Teams and User Roles

Automatic NIBRS coding

Permission- based Read/ Write Privileges

ii. Upon completion of the Professional Services (Implementation Phase), during the Regular Usage Period Mark43 will provide Subscriber with the SaaS Services for the Fees set forth in Section 4 below. The parties anticipate that the Regular Usage Period will commence on or about February 1, 2019.

2. Initial Term. The Initial Term is the 5-year period commencing on the Effective Date.

3. Renewal Terms. Any Renewal Terms shall be for a period of 1 year.

4. Fees:

a. Professional Services:

i. N/A

b. Subscription Fee:

i. RMS: The Subscription Fee for the RMS Application for the Initial Term is $2,664 per year.

c. Optional Services:

i. N/A

Mark43 will notify Subscriber of any changes to the Fees for a Renewal Term at least forty-five (45) days prior to the start of the Renewal Term.

5. Payment Schedule. Subscriber will pay the Fees on the following schedule:

a. Initial Term: Fees will be paid on the following schedule:

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i. $2,664 due at Go-Live on or about February 1, 2019.

ii. $2,664 due on each anniversary of Go-Live thereafter.

b. Renewal Term: Fees for any Renewal Term will be paid in full in advance on the first day of the Renewal Term.

6. Support Services. As part of the SaaS Services, subject to Section 2.4, Mark43 shall establish, sufficiently staff

and maintain the organization and processes necessary to provide telephone and/or email based technical support, troubleshooting, error identification, isolation and remediation, and other assistance directly to Subscriber and its Authorized Users to support Subscriber’s use, deployment and validation of the SaaS Services on a 24x7 basis, and after normal business hours and on holidays, as necessary to support Mark43’s obligations under this Agreement. The contact information for Mark43’s technical support organization is [email protected] and Mark43 will notify Subscriber in writing of any changes no less than 5 days in advance. Mark43 shall provide Subscriber with online access to its knowledge database and any other resource containing information that will aid in problem and error resolution and correction, as well as any other technical resources made electronically available to any of Mark43’s other customers. The Mark43 account manager or primary point of contact for Subscriber with respect to this Agreement will be Kelsey Laurent ([email protected]).

7. Service Levels. Mark43 shall provide the Applications in accordance with the following services levels.

a. Service Levels for the Records Management System and Evidence Management Applications (hereinafter, “RMS”).

i. RMS Availability. During any calendar month of a Regular Usage Period, the RMS shall be available to

users no less than 99.9% of the time on a 24x7 basis, excluding scheduled maintenance of the RMS (“RMS Scheduled Downtime”); provided, however, that Mark43 is not responsible for any downtime of

the RMS caused by Third Party Data services (e.g. Department of Motor Vehicles license plate database), or Third Party Components, and such Third Party downtime will not count against the service levels promised herein; provided, further, that Mark43 shall be responsible for any downtime of RMS caused by Integrated Third Party Software (as defined below) solely to the extent specified in Section 7(b) below (“Service Levels for Integrated Third Party Software”). Mark43 shall provide Subscriber with prompt notification as soon as it becomes aware of any actual or potential unscheduled downtime (defined below) of the RMS, as well as continual periodic updates during the unscheduled downtime regarding Mark43’s progress in remedying the unavailability and the estimated time at which the RMS shall be available.

ii. RMS Service Credits. In the event that Mark43 fails to make the RMS available at least 99.9% of the

time in any given month during the Regular Usage Period due to RMS Unavailability (as defined below), Mark43 will credit the Subscriber’s account for the unavailable RMS as follows:

RMS Availability (Monthly) Credit Percentage

Above 99.9% 0%

99.8 – 99.0% 10%

98.9 – 98.0% 20%

Below 97.9% 30%

“RMS Unavailability” is defined as the percentage of minutes per month in which the RMS is completely and generally unavailable for Subscriber’s use (but not the use of any one Authorized User), provided that RMS Unavailability does not include any unavailability attributable to: (a) RMS Scheduled Downtime for maintenance (whether by Mark43, by a vendor, or by Subscriber); (b) acts or omissions of Subscriber or any Subscriber user of the RMS; (c) server downtime related to connectivity issues resulting from Third Party-managed VPN access to hosted server or Subscriber internal network problems; (d) defects or bugs in the Applications or Software caused by Subscriber, any Authorized User, or any Affiliate, employee, agent or independent contractor of Subscriber; or (e) any other cause(s) beyond Mark43’s reasonable control, including but not limited to those caused by Third Party Data services (e.g. Department of Motor Vehicles license plate database), Third Party Components, overall internet congestion or a force majeure. Subscriber will be responsible for immediately notifying Mark43 of all Third Party-managed VPN access and internal or external (e.g. internet service provider) network problems that arise.

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“Credit Percentage” means the applicable percentage of the portion of the Fees attributable to Services in the calendar month in which the RMS Unavailability occurs. For example, if Subscriber has paid Mark43 $1,000 for one year of a Regular Usage Period, and the RMS Availability falls to 99.5% during any calendar month in that year, then Mark43 will owe Subscriber a 10% credit on that month’s portion of the Fee, or: $1,000/12 = $83.33 per month, and 10% of $83.33 = $8.33. In this example, Mark43 would owe Subscriber $8.33 in credit for the month in which RMS Availability fell to 99.5%. In order to receive this credit, Subscriber must notify Mark43 in writing within fifteen (15) days following the end of the month the RMS Unavailability occurred. All claims are subject to review and verification by Mark43 prior to any credits being granted. Mark43 will acknowledge credit requests within fifteen (15) business days of receipt and will inform Subscriber whether such claim request is approved or denied. The issuance of RMS Service Credit by Mark43 hereunder is Subscriber’s sole and exclusive remedy for any failure by Mark43 to satisfy the service levels set forth in this Section 7(a).

b. Service Levels for Integrated Third Party Software. Notwithstanding anything else to the contrary

contained herein, Mark43 shall be responsible for any downtime of or related to the Applications or Integrated Third Party Software (as defined below) that is caused by Integrated Third Party Software solely to the extent specified in this Section 7(b). Credit Percentages Service Credits referenced elsewhere in this Contract shall not apply to downtime caused by Integrated Third Party Software or the integrations or connections to Integrated Third Party Software.

i. Availability of Third Party Applications. Schedule A identifies specific Third Party Application

integrations (the “Integrated Third Party Software”) to be performed by Mark43 during the

Professional Services Period, and the Subscriber’s and Mark43’s respective rights regarding acceptance of those Services. During the Regular Usage Period, the Integrated Third Party Software shall be operational no less than 99.9% of the time on a 24x7 basis, excluding any scheduled maintenance of the Integrated Third Party Software (whether scheduled by Mark43 or by the third party provider, the “Integration Scheduled Downtime”); provided, however, that Mark43 shall not be

responsible for downtime caused by upgrades or updates to Integrated Third Party Software of which Mark43 does not receive the requisite advance notice, and such downtime will not count against the service levels promised herein. Mark43 agrees that it shall schedule any Integration Scheduled Downtime on minimal traffic days whenever possible. The Parties further agree that Mark43 shall not schedule in excess of 90 minutes of Integration Scheduled Downtime in during any 30-day period. Mark43 shall provide Subscriber with immediate telephone notification to the point of contact set forth in the Contract as soon as it becomes aware of any actual or potential unavailability of an Integration other than Integration Scheduled Downtime (“Integration Unscheduled Downtime”), as well as continual

periodic updates during the Integration Unscheduled Downtime regarding Mark43’s progress in remedying the unavailability and the estimated time at which the Integration shall be available.

ii. Responsibilities for Planned Updates. Subscriber shall provide Mark43 with prompt notice, and in no

case fewer than forty-five (45) days’ advance notice, of any update by the Third Party provider of Integrated Third Party Software. Mark43 shall undertake commercially reasonable efforts to patch, repair or update the Software in order to integrate it with the updated Integrated Third Party Software.

iii. Responsibilities for Planned Upgrades. Subscriber shall provide Mark43 with prompt notice, and in

no case fewer than ninety (90) days’ advance notice, of any planned upgrade by the Third Party provider of Integrated Third Party Software. Mark43 shall evaluate the time and resources required to patch, repair or update the Software in order to integrate it with the upgraded Integrated Third Party Software. The Parties shall engage in good faith negotiations to agree on the terms (including, without limitation, schedule and price) on which Mark43 would develop a patch, repair, update or Upgrade to integrate the Software with the Integrated Third Party Software.

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SCHEDULE B

Transition Assistance

Upon termination of the Agreement for any reason, and subject to all Fees due being paid in full, Mark43 will create searchable PDFs of each record (each, a “Record”) and provide them to the Subscriber for download. Subscriber

may request, and Mark43 will consider, other formats in which to create the Records, but the final format of all Records will be determined in Mark43’s sole discretion. Records can be uploaded to Subscriber’s new records management system by the Subscriber or its new vendor.

1. Preparation

a. The Subscriber will provide the desired cutoff date of the SaaS Services (the “Cutoff Date”), at which time

all existing user accounts will be terminated.

b. Mark43 will provide one (1) account for the Subscriber to access a web-based storage platform to retrieve Subscriber documents and Records (the “Transition Account”). The Transition Account will be available to

Subscriber for thirty (30) days prior to the Cutoff Date.

2. Content

a. Each Report in Mark43 will be recreated as a searchable PDF (or other mutually agreed to format as described above) using the standard Mark43 format then in use.

b. All archive files will be accessible via the internet on the Cutoff Date.

3. Support

a. Mark43 will maintain Subscriber data in Mark43 for up to 1 year following the Cutoff Date.

b. Mark43 will maintain Subscriber PDF archives for up to 2 years following the Cutoff Date.

c. Mark43 will resolve any issues it deems to be the result of errors in the Mark43 platform or export process for a period of six (6) months after the Cutoff Date.

d. No less than 1 year after the Cutoff Date, Mark43 will delete Subscriber Data from all Mark43 online systems (e.g. primary database, replica databases, search databases, application caches, etc.) other than database backups, audit logs and server system logs.

e. Within 6 months from the date of deletion of Subscriber Data from all Mark43 online systems, all Subscriber Data will be erased from database backups.

f. Notwithstanding the foregoing, Mark43 reserves the right to retain Subscriber Data on audit logs and server system logs and in support tickets, support requests and direct communications with Mark43.

Transition Assistance as outlined in this Schedule B is included in the Fees charged to Subscriber for the Services. Fees are due and payable up to the Cutoff Date. In the event that any Fees have not been paid as required in this Agreement, Mark43 may retain all Records and decline to provide the support outlined in Section 3 of Schedule B above until such Fees are paid in full.

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SCHEDULE C

Technical Requirements

This Schedule lists the minimum technical requirements required for Mark43's RMS, Evidence Management and Data Exchange applications (if applicable). This also describes the requirements for Mark43 interface servers. Third Party Providers and subcontractors may have additional requirements that are not listed here.

1. MARK43 RMS

1.1 RMS Workstation Requirements

Item Minimum Recommended

Operating System Windows 7+, Apple OS X 10.X Windows 10, Mac OS 10.X

Processor 1x dual-core processor 1x dual-core processor or greater

Architecture x64 / x86 x64

Memory 2 GB 4 GB+

Network Card 1x 2Mbps+ NIC 1x 10Mbps+ NIC

Display(s) 1x 1024x768 1 x 1920x1080

Hard Drive 1 GB available space 5 GB available space

Graphics Card N/A N/A

Bandwidth 2 Mbps 5+ Mbps

1.2 RMS Workstation Site Internet Requirements

The Mark43 platform operates as a single-page application where most of the heavy download load is needed only on initial page load for each user. Mark43 recommends for the RMS application an overall internet bandwidth connection of 1+ Mbps per concurrent user using that connection. Actual performance and usage may vary greatly depending on user usage of other internet-connected applications and your ISP.

1.3 RMS Browser Requirements

Mark43 RMS is web-based and requires a modern web browser to access the system. Mark43 RMS supports all versions of Microsoft Internet Explorer and Google Chrome that receive technical support and security updates from the browser vendor.

Google Chrome (latest)

Microsoft Internet Explorer: All versions of Microsoft Internet Explorer that receive technical support and browser updates. (As of 10/15/2017 this is IE 11+, Microsoft Edge)

1.4 RMS Mobile Data Terminal Requirements


Operating System Windows 7+, Mac OS X 10.X Windows 10, Mac OS 10.X


Architecture x64 / x86 x64

Memory 2 GB 4 GB+

Network Card 2 Mbps (4G LTE) 5+ Mbps (4G LTE)

Display(s) 1x 1024x768 1x 1024x768+



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2. MARK43 EVIDENCE MANAGEMENT

2.1 Evidence Workstation Requirements

Evidence workstation requirements mirror the RMS workstation requirements. As evidence is loaded as a module of the RMS.


Operating System Windows 7+, Mac OS X 10.X Windows 10, Mac OS 10.X


Architecture x64 / x86 x64 / x86

Memory 4 GB 6 GB+

Network Card 1x 2Mbps+ NIC 1x 10Mbps+ NIC

Screen Resolution 1024x768 1920x1080


Display(s) 1x 1024x768 monitor 1x 1920x1060


Bandwidth 2 Mbps 5+ Mbps

2.2 Evidence Smartphone Mobile Application

- Platforms:

o Android version 5+ - Recommended Device:

o Samsung Galaxy S7+

2.3 Evidence Barcode Printer Requirements

Mark43 Evidence product requires a barcode printer to optimize the evidence management process. Mark43 integrates seamlessly with Zebra barcode printing hardware and requires the following printer:

- GX430T model number GX43-102410-000 - 2000T labels - 5100 Premium Resin Ribbon

2.4 Evidence Printer Server Requirements

The complexity with barcode printing stems from making our website communicate with physical hardware on premises with our clients. We cannot rely on Chrome/Internet Explorer's built in printing functionality because they do not support the Zebra printing language we use for labels. In order to communicate with the barcode printers we will need an intermediate server to route printing requests. The machine will need the following specifications:

- 2 GB RAM - 32 GB HDD Storage - 2 x 2.0+ GHz Processors

3. MARK43 DATA EXCHANGE

The Mark43 Data exchange functionality may be enabled through the RMS application. Additional interface servers may be required to support Mark43 Data Exchange data flows, depending on the department’s size and complexity.

4. MARK43 INTERFACE SERVERS

If 3rd party integrations are required, interface server(s) may be installed on site. The requirements of an interface server are as follows. The recommended number of interface servers needed depends on the interface requirements of the agency as well as the number of users supported by the data exchange product.


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Operating System Ubuntu Linux (latest LTS) Ubuntu Linux (latest LTS)

Processor speed & quantity 4x CPUs 8x+ CPUs

Architecture x64 / x86 x64 / x86

Memory 8 GB 16+ GB

Network Card 1x 100 Mbps NIC 2x 1Gbps NICs

Display(s) N/A N/A

Hard Drive 250 GB 500 GB


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SCHEDULE D

Additional Terms

Google: Users are bound by the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy), available by following these links: Google Maps Terms: https://maps.google.com/help/terms_maps.html Google Privacy Policy: https://policies.google.com/privacy?hl=en&gl=us Acceptable Use: https://enterprise.google.com/maps/terms/universal_aup.html Amazon: Universal Service Terms: https://aws.amazon.com/service-terms/ Acceptable Use: https://aws.amazon.com/aup/

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LENAHAN 7

switch Planning 7/10 with

Rickey Planning 5/8

1/7 ** 4/1 ** 07/01 ** 10/7 ** EIMERS 7

1/22 4/15 7/15 10/21 FAGE 7

2/4 ** 5/6 ** 8/5 ** 11/4 ** KINDEL 6

2/19 5/20 8/19 11/18 MARTINEZ 7

switch Planning 6/12 with

Butch EDC 2/20

3/4 ** 6/3 ** 9/3 ** 12/2 ** SHELDON 7

3/18 6/17 9/16 12/16 SMITH 7

2nd Wednesday

7:00 pm

Planning

Commission

3rd Wednesday

7:00 pm Library Board

3rd Wednesday

6:00 pm

Economic

Development

2nd Monday

6:00 pm Parks & Rec Board

1/9 LENAHAN 1/16 FAGE 1/16 SMITH *1-23 Wed MARTINEZ

2/13 FAGE 2/20 SHELDON 2/20 MARTINEZ 2/11 SMITH

3/13 SHELDON 3/20 EIMERS 3/20 MARTINEZ 3/11 LENAHAN

4/10 EIMERS 4/17 KINDEL 4/17 LENAHAN 4/8 FAGE

5/8 LENAHAN 5/15 LENAHAN 5/15 EIMERS 5/13 MARTINEZ

6/12 KINDEL 6/19 SMITH 6/19 FAGE 6/10 SHELDON

7/10 SMITH 7/17 EIMERS 7/17 SMITH 7/8 KINDEL

8/14 FAGE 8/21 MARTINEZ 8/21 KINDEL 8/12 EIMERS

9/11 LENAHAN 9/18 KINDEL 9/18 SHELDON 9/9 SMITH

10/9 SMITH 10/16 LENAHAN 10/16 EIMERS 10/14 MARTINEZ

11/13 KINDEL 11/20 SHELDON 11/20 FAGE *11-12 Tue SHELDON

12/11 EIMERS 12/18 FAGE 12/18 SHELDON 12/9 MARTINEZ

2019 City Council Meeting Dates-7:00 p.m.

2019 City Council Meeting Calendar Schedule

Meetings in yellow are Tuesday meetings due

to Monday holidays

2019 Schedule for Board and Commission Meetings

Meetings with ** behind them have a 6:00 pm

Work Session

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MARCH 2019

MEETING PRIMARY ALTERNATE NOTE DATE

City Council

1st Monday 6:00 pm Work

Session - 7:00 pm Meeting

at NP Senior Center 3/4Washington County Coordinating

Committee (WCCC) Lenahan Fage 2nd Monday at 12:00 noon 3/11

Parks Board Lenahan

2nd Monday at 6:00pm

at NP Senior Center 3/11

Planning Commission Sheldon

2nd Wednesday at 7:00pm

at NP Senior Center 3/13Washington County Office of

Community Development Policy Lenahan Kindel 2nd Thursday 7:00pm 3/14

City Council

3rd Monday at 7:00pm


Economic Development Committee Martinez

3rd Wednesday at 6:00 pm


Library Board Eimers

3rd Wednesday at 7:00pm

at NP Library 3/20Metro Policy Advisory Committee

(MPAC) Fage Varner 4th Wednesday at 5:00pm 3/27Metropolitan Area Communcations

Commission (MACC) Sheldon Smith

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