From: Mac Corthell

Sent: Mon Sep 20 07:50:34 2021

To: 'JANIK Urszula * Ula'

Cc: 'VISSAR Vanessa'; 'Region 1 Agreements'; Gerald Fisher; Dan Huff

Subject: RE: South Molalla Ave IOF IGA *FOR REVIEW*

Importance: Normal

Attachments: ODOT IGA 730-000XXX_Molalla_IOF_9.9.21.docx;

 

Hi Ula,

Please find updated IGA attached. We did not make any edits outside the places you pointed out for our input, but please let me know if the areas I filled will suffice or if something else is needed. I had a great conversation with Cece regarding our other questions, I appreciate you facilitating the connection with her so quickly. I hope you have an excellent week!

-Mac

Macahan “Mac” Corthell, J.D. | Planning Director

City of Molalla

117 N Molalla Ave. | PO Box 248 |Molalla, OR 97038

Phone - 503.829.6855

Fax – 503.829.3676

Email – mcorthell@cityofmolalla.com

Website – http://www.cityofmolalla.com

CONFIDENTIALITY NOTICE: The information contained in this email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient and have received this communication in error, please contact the sender by reply email and destroy all copies of the original message. Thank you.

From: Mac Corthell

Sent: Monday, September 13, 2021 3:21 PM

To: 'JANIK Urszula * Ula' <Urszula.JANIK@odot.state.or.us>

Cc: VISSAR Vanessa <Vanessa.VISSAR@odot.state.or.us>; Region 1 Agreements <Region1.Agreements@odot.state.or.us>; Gerald Fisher <gfisher@cityofmolalla.com>

Subject: RE: South Molalla Ave IOF IGA *FOR REVIEW*

Hi Ula,

Thank you for the expeditious reply. This kind of answers my question, however I would like to speak directly with the program manager to ensure my question is understood. The city will be utilizing a sub-recipient agreement with the business that this grant is intended to benefit. Asking them to perform these improvements under prevailing wage and public procurement laws will greatly offset the benefit of the IOF for them. Additionally, the project was bid as a private developer improvement, so the increased cost with public procurement and prevailing wage would create a substantial increase in what has been requested.

It is not uncommon for a city to be a pass through entity for grant funding, but it may not be allowed under the IOF. If that is the case we would need to file for an amendment and request more funding for the extra costs that were not considered based on the nature of the project. If you can provide the program manager’s contact information I would be grateful as I think we could quickly determine whether the entire IOF needs to be scrapped or not. Thank you.

Sincerely,

Macahan “Mac” Corthell, J.D. | Planning Director

City of Molalla

117 N Molalla Ave. | PO Box 248 |Molalla, OR 97038

Phone - 503.829.6855

Fax – 503.829.3676

Email – mcorthell@cityofmolalla.com

Website – http://www.cityofmolalla.com

CONFIDENTIALITY NOTICE: The information contained in this email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient and have received this communication in error, please contact the sender by reply email and destroy all copies of the original message. Thank you.

From: JANIK Urszula * Ula <Urszula.JANIK@odot.state.or.us>

Sent: Monday, September 13, 2021 12:33 PM

To: Mac Corthell <mcorthell@cityofmolalla.com>

Cc: VISSAR Vanessa <Vanessa.VISSAR@odot.state.or.us>; Region 1 Agreements <Region1.Agreements@odot.state.or.us>; Gerald Fisher <gfisher@cityofmolalla.com>

Subject: RE: South Molalla Ave IOF IGA *FOR REVIEW*

Hi Mac,

I forwarded your questions on to our IOF program manager and she replied below:

The City of Molalla is the recipient of the funds, not the developer, therefore the City is responsible for adherence to State procurement law, as applicable under ORS 279A, B, and C, and prevailing wage requirements.

I’m not sure if this completely answers your question but let me know if you have any follow up questions and we’ll try to get you more info.

Thanks,

Ula Janik (she/her/hers)

Region 1 Senior Agreement Specialist

123 NW Flanders St.

Portland, OR 97209-4012

Ph: 503-731-3019

Email: urszula.janik@odot.state.or.us

From: Mac Corthell <mcorthell@cityofmolalla.com>

Sent: Monday, September 13, 2021 10:46 AM

To: JANIK Urszula * Ula <Urszula.JANIK@odot.state.or.us>

Cc: VISSAR Vanessa <Vanessa.VISSAR@odot.state.or.us>; Region 1 Agreements <Region1.Agreements@odot.state.or.us>; Gerald Fisher <gfisher@cityofmolalla.com>

Subject: RE: South Molalla Ave IOF IGA *FOR REVIEW*

 

This message was sent from outside the organization. Treat attachments, links and requests with caution. Be conscious of the information you share if you respond.

Hi Ula,

I have a quick question about two of the terms in the contract and I’m guessing ODOT has already interpreted these items, so I’m hoping you can provide feedback on that:

  1. 1. 7(c) – Procurements. If the City is entering into an agreement with a sub-recipient to manage and execute this project (the developer of the site), do public procurement laws still need to be followed due to this agreement. I ask because they would typically not be for a public improvement performed by a private developer.
  2. 2. Exhibit B, Paragraph 1 – Prevailing wage. Basically the same question as above. Does ODOT require prevailing wage on IOF’s for a private developer performing a public improvement? I ask because prevailing wage would normally not be a factor in a public improvement performed by a private developer.

 

Thank you for any information you can provide.

Sincerely,

Macahan “Mac” Corthell, J.D. | Planning Director

City of Molalla

117 N Molalla Ave. | PO Box 248 |Molalla, OR 97038

Phone - 503.829.6855

Fax – 503.829.3676

Email – mcorthell@cityofmolalla.com

Website – http://www.cityofmolalla.com

CONFIDENTIALITY NOTICE: The information contained in this email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient and have received this communication in error, please contact the sender by reply email and destroy all copies of the original message. Thank you.

From: JANIK Urszula * Ula <Urszula.JANIK@odot.state.or.us>

Sent: Thursday, September 9, 2021 11:14 AM

To: Mac Corthell <mcorthell@cityofmolalla.com>

Cc: VISSAR Vanessa <Vanessa.VISSAR@odot.state.or.us>; Region 1 Agreements <Region1.Agreements@odot.state.or.us>

Subject: South Molalla Ave IOF IGA *FOR REVIEW*

Hello,

I got your contact info from Vanessa as well as some supporting IOF information for your project. Attached is a draft of the IGA for the IOF funds. This is largely a standard grant agreement but please review and let me know if you have any comments, questions, or suggested revisions. Also please fill in the highlighted area on Exhibit A page 12 under Project Description (I already have a map so I don’t need that) and Exhibit B page 16 on the reporting requirements. Once you approve of the draft of the agreement, I will get final legal sufficiency approval from DOJ and send a PDF version for signatures. Let me know if you have any questions.

Best,

Ula Janik (she/her/hers)

Region 1 Senior Agreement Specialist

123 NW Flanders St.

Portland, OR 97209-4012

Ph: 503-731-3019

Email: urszula.janik@odot.state.or.us