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INTERGOVERNMENTAL AGREEMENT

BETWEEN THE HOUSING AUTHORITY OF PORTLAND AND THE

CITY OF PORTLAND

 

 

   This Intergovernmental Agreement (“Agreement”) is entered into this ___ day of November 2002, by and between the Housing Authority of Portland, a municipal corporation organized under Oregon law, hereinafter called HAP, and the City of Portland, also a municipal corporation organized under Oregon Law, hereinafter called City.

 

RECITALS

WHEREAS, HAP received a HOPE VI grant from the U.S. Department of Housing and Urban Development (HUD) to redevelop Columbia Villa; and

WHEREAS, HAP will redevelop Columbia Villa as a vibrant mixed-income community, reconnected to the surrounding neighborhood, and provide a variety of opportunities for low, moderate, and middle-income individuals and families.

WHEREAS, HAP will make services available to residents and the broader community that will stabilize lives, promote self-sufficiency and link people to educational and recreational opportunities.

 

WHEREAS, HAPs ability to successfully redevelop Columbia Villa will require a high level of coordination with HUD.

 

WHEREAS, HAP and the City of Portland have authority under ORS Chapter 190 to enter into a cooperative intergovernmental agreement,

 

WHEREAS, City has an existing agreement with Ball Janik LLP for promoting City priorities within the Federal government, and

 

     NOW THEREFORE, in recognition of the foregoing Recitals, HAP and the City agree as follows:

 

 

AGREEMENTS

 

1.0    PURPOSE OF AGREEMENT – This Agreement is entered into to secure the assistance of the City and Ball Janik LLP to advance the prospects for the successful completion of New Columbia.

 

2.0    TERM OF AGREEMENT – The term of this Agreement is for thirty-three (33) months commencing on October 1, 2002 and ending on June 30, 2005, unless terminated or extended under the provision of this Agreement.

 

3.0    HAP’s OBLIGATIONS –

 

3.1  Identify and request the City to make available through a contract with Ball Janik LLP specific services contemplated by the Agreement.

3.2  Make monthly payments to Ball Janik LLP via Government Relations for the costs incurred to perform the work contemplated by this Agreement.

 

4.0    CITY’s OBLIGATIONS - City agrees to:

 

4.1  The City shall obtain from Ball Janik LLP, and specifically the services of Ms. Vicki Cram, to represent HAP relative to coordinating communication and other activities with members of the Oregon congressional delegation and representatives from the U.S. Department of Housing and Urban Development.

4.2  Prior to the commencement of any work by Ball Janik LLP, HAP shall have identified and requested the services contemplated by this Agreement. (Exhibit A – Attached).

4.3  To submit a monthly invoice to HAP via Government Relations from Ball Janik LLP for the expenses and actual costs of its employees providing services under the terms of this Agreement.

 

5.0    COMPENSATION - HAP shall reimburse Ball Janik LLP for costs incurred by Ball Janik LLP via Government Relations at rates not to exceed the $200 per hour for Vicki Cram and $150 per hour for Sean Dalton. The payment shall be full compensation for work performed and for services rendered. The total amount of compensation under this Contract shall not exceed $25,000. This fee is based on actual time incurred for services provided.

 

6.0    TIME OF PAYMENT - City will, within ten (10) calendar days after the end of each month, submit a statement from Ball Janik LLP to HAP which is payable with respect to those services rendered during the prior month. HAP will pay each statement within thirty (30) days after receipt.

 

7.0    EARLY TERMINATION - HAP or the City may terminate this Agreement, in whole or in part, at any time by giving the other party three (3) days written notice.

 

8.0    PAYMENT ON EARLY TERMINATION - If terminated under Section 7.0 for the convenience of HAP or the City, HAP shall pay Ball Janik LLP for work performed prior to termination date if such work was performed in accordance with Contract. In the event of a termination, the City shall submit to HAP a final billing in a manner consistent with Section 6.0 of the Agreement.

 

9.0    ADHERENCE TO LAW – The parties shall comply with all federal, state and local laws and ordinances applicable to their own employees, including all applicable employment laws, regulations and administrative rules established pursuant to those laws.

 

10.0  INDEMNIFICATION – In accordance with the provisions of the Oregon Tort Claims Act, ORS 30.260 through 30.300, including the limits of liability for public bodies set forth therein, HAP and the City mutually agree to defend, hold harmless and indemnify each other for their own negligence and that of their respective directors, officers, employees and agents, against liability, settlements, costs, losses or expenses arising out of the performance of this Agreement.

 

11.0  CONTACTS – Individuals identified below are the designated contacts for the coordination of this Agreement, unless another individual is designated by written notice to the other party. Notice and communications provided for under this Agreement shall be addressed to the following individuals:

 

If to HAP, then:    Tuck Wilson

         Housing Authority of Portland

         135 SW Ash, Suite 500

         Portland, OR 97204

 

If to City, then:    Marge Kafoury

         City of Portland

         1221 SW 4th Ave, Room 340,

         Portland, OR 97204

 

 

12.0  GOVERNING LAW - This contract is entered into within the State of Oregon and governed by Oregon law, and shall be deemed to incorporate by reference all requirements for public contracts as may be required by law.

 

13.0  REMEDIES

 

(a)  In the event of termination under Section 7.0 EARLY TERMINATION, hereof, by the City or HAP due to a breach by the Contractor, then the City or HAP may complete the work either itself or by agreement with another contractor, or by a combination thereof. In the event the cost of completing the work exceeds the remaining unpaid balance of the compensation provided under Section 5, COMPENSATION, hereof, then the Contractor shall pay to the City of HAP the amount of the excess.

 

(b)   The remedies provided to the City or HAP under Section 7, EARLY TERMINATION, and Section 13.0, REMEDIES, hereof, for a breach by the Contractor shall not be exclusive. The City of HAP also shall be entitled to any other equitable and legal remedies that are available.

 

(c)   In the event of breach of this Agreement by the City, then the Contractor’s remedy shall be limited to termination of the Agreement and, receipt of payment as provided in Section 7, EARLY TERMINATION.

 

14.0  SEVERABILITY - If any provision of this Contract is found to be illegal or unenforceable, this Contract nevertheless shall remain in full force and the provision shall be stricken.

 

15.0  ENTIRE AGREEMENT - This Contract sets forth the entire agreement between the parties hereto and replaced or supercedes all prior agreements between the parties related to the same subject matter. The parties agree that any modification to this Contract must be mutual and in writing.

 

 

IN WITNESS WHEREOF, HAP and City have executed this Contract as of the date and year first above written.

 

 

HOUSING AUTHORITY OF PORTLAND,  

a municipal corporation serving the State of Oregon  

 

 

 

 

Attest:                        By:                                                      Name:  Steven D. Rudman

                             Title:  Executive Director

 

 

CITY OF PORTLAND,

a municipal corporation serving the State of Oregon

 

 

 

Attest:                        By:                      

                             Name:

                             Title:

   

EXHIBIT A

 

Scope of Services

 

 Ball Janik understands the Housing Authority of Portland’s (HAP) requirements for representation in Washington, D.C. in the HOPE VI grant matter. The scope of work required for federal representation includes (but is not limited to):

•  monitoring Congressional and agency developments;

•  working closely and proactively with the Oregon Congressional Delegation;

•  acting as the HAP’s liaison with the Department of Housing and Urban Development;

•  meeting arrangements for HAP officials when visiting Washington;

•  expanding relationships with key Congressional, White House, and agency contacts in Washington that are beneficial to the HAP’s interests;

•  communicating frequently and effectively with designated HAP officials and personnel;

•  occasional travel to Portland or other locations as required by the Authority;

•  assisting the HAP in moving the project successfully to construction and completion in accordance with HOPE VI regulations and schedules; and,

•  preparing timely, detailed reports, alerts, correspondence, summaries and other documents as necessary.

 

 Ball Janik represents municipalities and public entities on a broad range of issues, including transportation, water resources, and appropriations. In the course of advocating these interests, the Firm works with Congressional delegations in such states as Oregon, Washington, Nevada, Idaho and California. We consider these relationships to be potential assets in broadening the Housing Authority of Portland’s influence among members of these delegations and the committees on which the members serve, like Appropriations, Financial Services, and Housing and Urban Affairs.