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2012-0221 Council Mtg PACKET
CITY OF ASHLAND Important: Any citizen may orally address the Council on non-agenda items during the Public Forum. Any citizen may submit written comments to the Council on any item on the Agenda,unless it is the subject of a public hearing and the record is closed. Time permitting,the Presiding Officer may allow oral testimony. If you wish to speak please fill out the Speaker Request form located new the entrance to the Council Chambers. The chair will recognize you and inform you as to the,amoum of time allotted to you,if any. The time granted will be dependent to some extent on the nature of the item under discussion,the number of people who wish to speak,and the length of the agenda. AGENDA FOR THE STUDY SESSION ASHLAND CITY COUNCIL February 21, 2012 Council Chambers 1175 E. Main Street 6:00 p.m. Study Session I. What questions and suggestions does City Council have regarding the new policy and scoring approach for the City's annual economic, cultural, and sustainability grant program? [30 Minutes] AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL February 21, 2012 Council Chambers 1175 E. Main Street Note: Items on the Agenda not considered due to time constraints are automatically continued to the next regularly scheduled Council meeting [AMC 2.04.030.E.] 6:30 p.m. Executive Session for Employment of a Public Officer or Employee pursuant to ORS 192.660(2)(a) 7:00 p.m. Regular Meeting I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. MAYOR'S ANNOUNCEMENTS V. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS? (5 minutes) 1. Study Session of February 6, 2012 2. Executive Session of February 7, 2012 2. Regular Meeting of February 7, 2012 3. Council Goal Setting of February 11, 2012 VI. SPECIAL'PRESENTATIONS & AWARDS None Cf)1 ARE RROADCASTL,IVI ON CIi;1\N)r:1,9 VISI I 1111-1 CITY OF ASI IL,AND'S \l fit; SI I FAT WWW ASI II 1 �I'7.C)R 4 S VII. CONSENT AGENDA [5 minutes] 1. Will Council approve the minutes of the Boards, Commissions, and Committees? 2. Will Council, acting as the Local Contracts Review Board, approve an Intergovernmental Agreement to join a consortium with the State of Oregon, Department of Administrative Services, GEO to acquire aerial photos? 3. Will Council approve the 2012 Council Liaison appointments to the City boards and commissions to be effective immediately? 4. Will Council approve an amendment to the 2010 Fund Exchange Agreement No. 26612 to extend the completion date for the Laurel Street Safe Route to School Project by one year? 5. Does the proposed budget for Mayor and Council for Fiscal Year 2013 meet the needs of the Mayor and Council? 6. Does Council approve the recommendations of the Public Art Commission to install a mural on Enders Alley? . 7. Will Council, acting as the Local Contracts Review Board, authorize the disposal of surplus transformers and approve the contract award to Transformer Technologies for submitting the highest bid of $14,746.05? 8. Should Council authorize signature of an Intergovernmental Agreement with Oregon Department of Consumer and Business Services (DCBS) to allow DCBS to install Accela building permit software for use by the City of Ashland Community Development Department Building Division for electronic construction permit issuance and plan review? 9. Will Council authorize staff to apply for a Certified Local Government grant from the State Historic Preservation Office for the continued operation of the City of Ashland's historic preservation program and to facilitate the City's Comprehensive Plan Goal to preserve historically significant sites and structures? 10. Will Council, acting as the Local Contracts Review Board, approve a Special Procurement requesting approval to enter into a two year contract with JACO Environmental to continue to operate a refrigerator and freezer recycling program to Ashland residents as part of the City's overall energy efficiency/conservation incentive program? 11. Does Council wish to confirm the appointment of Dave Kanner as City Administrator? 12. Will Council approve the attached resolution to formally adopt a Commissions and Committees Operations Guide? VIII. PUBLIC HEARINGS (Persons wishing to speak are to submit a "speaker request form" prior to the commencement of the public hearing. All hearings must conclude by 9:00 p.m., be continued to a subsequent meeting, or be extended to 9:30 p.m. by a two-thirds vote of council (AMC §2.04.050)) 1. Should Council purchase 2,773 square feet of property located along the east bank of Ashland Creek? [15 Minutes] 2. Should Council re-designate approximately 14,000 square feet of City-owned housing property to Parks property? [15 Minutes] IX. PUBLIC FORUM Business from the audience not included on the agenda. (Total time allowed for Public Forum is 15 minutes. The Mayor will set time limits to enable all people wishing to speak to complete their testimony.) [15 minutes maximum] X. UNFINISHED BUSINESS 1. Will Council direct the City Attorney to prepare a resolution supporting the creation of a constitutional amendment to eliminate 'personhood' for corporations and unions for purposes of campaign expenditure limitations and to stop treating money as speech for political purposes? [10 Minutes] C01=vv01 V'1GEHNGS AltF IMO)ADC:AST I.IV'I ON CI IA NNI?L. 9 VISI I I I I I I CITY 01 AEI lLAND S \V'LB S I: A'I' VA ,ASII1 gNJ).0R US XI. NEW AND MISCELLANEOUS BUSINESS None XII. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. Will Council approve the resolution allocating TOT revenues consistent with discussions and approval by vote taken on February 7, 2012? 2. Will Council approve a resolution adopting goals, criteria and requirements for the new policy and scoring approach for the City's annual economic, cultural, and sustainability grant program? X111. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS XIV. ADJOURNMENT In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at(541) 488-6002(TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements•to ensure accessibility to the meeting(28 CFR 35.102-35.104 ADA Title I). COI �\Ci( �ICF;'IIV'C.$ :AIZI; 13RCi,1DC:AS1 I_IVI l)�• ClliiAi�fiL 9 VIM 1 1111- Cll Y O' ASHLAND'S \V1'H SI I li AT \1'H%41!.:1$I II. AND.i)R_t)S CITY COUNCIL STUDY SESSION February 6, 2012 Page I of 4 MINUTES FOR THE STUDY SESSION ASHLAND CITY COUNCIL Monday,February 6, 2012 Siskiyou Room, 51 Winburn Way Mayor Stromberg called the meeting to order at 5:30 p.m. in the Siskiyou Room. Councilor Silbiger, Lemhouse, Slattery, Morris, Chapman, and Voisin were present. 1. Look Ahead Review Item not addressed. 2. Will Council approve the FY13 Capital Improvement Program (CIP) Project List, the Overall FY13-18 CIP Program in Concept, and the FY13 Capital Equipment Plan? Engineering Technician 11 Scott Fleury submitted an updated Capital Improvement Plan (CIP) spreadsheet with the Ashland Water Advisory Ad-Hoc Committee (AWAC) recommendations that in the Water Fund section deleted items T-10 and T-11 for the new filters and upgrades to the existing water treatment plant. Another AWAC recommendation moved items T-6 and T-8 under Water Treatment Storage to the Unfunded Category along with Water Plant Security Fencing. The $200,000 amount allocated for item D-2 under Water Distribution would decrease by $100,000 on a five-year cycle. AWAC recommended adding the following to Water Distribution: D-6 Pipe Replacement Program D-7 Radio Read Meter Program D-8 Hydrant Replacement.Program D-9 Emergency Response Plan Update D-10 Cross Connection Control Plan Update D-11 Safety Plan Update Mr. Fleury and Public Works Director Mike Faught gave a presentation that included: FY 2011 Highlights • Plaza Ave: Construction Cost $62,331.00—Budgeted Amount - $80,000 (biding has gone down) • Jefferson Ave Extension: Construction Cost $666,397.85 —Budgeted Amount - $775,000 • Liberty Street LID: Construction Cost $179,840.81 —Budgeted Amount - $275,000 • Miscellaneous Concrete-Walker Ave: Construction Cost: $260,432.29 — Budgeted Cost: $250,000 • Laurel Street Sidewalk Improvements: Construction Cost $182,682.41 — Budgeted Amount $280,000 Transportation Total CIP Budget • FYI Transportation Execution Rate 52% • FY13 Total Budget $2,765,000 • FY13-18 Budget $5,925,000 • Unfunded Totals $16,552,000 Staff explained how projects were budgeted over multiple fiscal years and that the Unfunded Category kept high priority projects visible until there were sufficient funds through the City or grants. Council suggested adding the date items move onto the Unfunded Projects for historical purposes. Mr. Faught noted the Unfunded Category started in 2009. The master plans would incorporate some of the projects CITY COUNCIL STUDY SESSION February 6, 2012 Page 2 of 4 and make others obsolete but there would always be unfunded needs. Funding strategies would eventually come out in the master plans. Engineering Services Manager Jim Olson explained the State would fund the Oak Street Railroad crossing with the City paying $30,000 to extend the sidewalks. Transportation CIP FY 13-18 • North Mountain Reconstruction FY 14 $350,000 • Wightman Street Overlay FYI $225,000 • Allison Street Overlay FYI $320,000 • Fielder LID FY 14 $130,000 • Miscellaneous Concrete Repairs FY 13-18 $100,000 Transportation • Schofield Monte Vista LID Construction Cost FYI $347,000 • Hersey/Wimer Intersection Realignment FY 12 $500,000 & FY 13 $500,000 • Walker Ave Railroad Improvements FYI $750,000 Staff explained overlays were an inexpensive way to manage street systems and they extended use of the road. It was important not to under budget street repair projects. Water Total CIP • FY 12 Execution Rate 100°/%plus additional carryover projects • FYI Total Budget $617,000 • FYI 3-18 Budget (AWAC) $28,363,000 • Unfunded- $15,668,000 Associate Engineer Pieter Smeenk explained the pump stations on Mountain Avenue and Terrace functioned at an inadequate capacity and replacing and combining them would increase efficiency. Water CIP FY 13-18- CIP Updates Based on Draft Master Plan Recommendations • Park Estates Pump Station FY 13-14 $2,000,000 • Emergency Response Plan Update FYI$20,000 • CT Disinfection Improvements FYI $85,000 Water CIP—Based on Draft Water Master Plan.Recommendation • 2.5 MGD Water Treatment Plant FYI 6-18 $12,000,000 • Crowson ]] 2.6 MG Reservoir FYI 6-18 $6,746,000 • Water CIP-Emergency TAP Pipeline FYI $2,000,000 Mr. Faught noted there was not enough money in System Development Charges (SDC's) to pay for the TAP Pipeline and it was unrealistic to use SDC's 100%. He went on to confirm the Water Master Plan included necessary upkeep and replacement costs. Wastewater Total CIP • FYI Execution Rate 72% • FYI Total Budget $1,940,060 • FY13-18 Budget $12,733,000 • Unfunded Total $1,025,000 Wastewater CIP FYI 3-18— CIP Updates Based on Draft Master Plan Recommendations • Ashland Creek Mainline Rehabilitation FYI $250,000 CITY COUNCIL STUDY SESSION February 6, 2012 Page 3 of 4 • Oxidation Ditch FYI 4-17 $4,000,000 • Backup Pump FYI $60,000 Wastewater CIP-Trading—Based on Draft Water Master Plan Recommendations • Shading Construction Cost FYI $246,000 - Overall Cost $2,921,404 Mr. Fleury explained the cost for using Chiller Towers was $10-12,000,000 capital costs and an estimated $250,000 for energy costs. The option of closing Ashland's wastewater treatment plant would cost $28,000,000 to tie into the Medford system, plus the SDC's for Rogue Valley Sewer Services (RVSS). Additionally, Ashland would retain the current Waste Water Treatment Plant as a "scab" plant to handle overflows. The City would also have to maintain the collection system unless annexed to RVSS for Rogue Valley Reclamation. Wastewater—Based on Draft Water Master Plan Recommendations • Membrane Filters FYI Budgeted Amount $800,000 Storm Drain Total CIP • FYI Execution Rate 69% • FYI Total Budget $375,000 • FY13-18 Budget $577,000 • Unfunded Total $3,296,000 Electric/AFN/IT/GIS Total CIP • FYI Execution Rate 45% • FY 13 Total Budget $2,410,000 • FY13-18 Budget $7,018,900 • Unfunded Total $285,000 Interim Assistant City Administrator Lee Tuneberg explained the City was currently in negotiations for the purchase of the Mountain Avenue Substation and due to the way negotiations were progressing, there was a chance the purchase would not go through. Purchasing the substation would lower expenses over time through operational costs that would also offset rates. He went on to explain staff was working on an update regarding AFN and currently there was not enough information on selling the asset. Facilities Total CIP Breakdown • FYI Execution Rate 48% • FYI TOTAL BUDGET $3,575,000 • FYI 3-18 BUDGT $4,970,000 • Unfunded- $5,957,000 Facilities • Fire Station#2 FYI $1,200,000 - FYI $1,800,000 • Police Station Remodel FYI $30,000 - FYI $1,500,000 Parks Department Total CIP Breakdown • FYI Execution Rate I I% • FYI Total Budget $2,018,000 • FYI 3-18 Budget $7,990,000 • Unfunded$7,190,000 Parks Department • Hunter Court Light Improvements FY12 Construction Cost $38,552 - Budgeted Amount $75,000 CITY COUNCIL STUDY SESSION February 6, 1011 Page 4 of • Calle Improvements FYI $300,000 • Ashland Creek Park Development FYI $750,000 Parks and Recreation Director Don Robertson added the remaining funds for the Hunter Park lights would go towards replacing the court lights in Lithia Park. Equipment Replacement Table City of.Ash]and FY13 E ui ment Replacement Equip No. Department Year Brand Cost - 546 Fire 1991 E-1 Cyclone Pumper $ 525,000.00 295 Facilities 1997 GMC Savana Van $ 32,000.00 Auxiliary Equipment $ 5,000.00 321 Electric 1998 Ford Ranger 4X4 $ 24,000.00 563 Police 2007 Crown Vic $ 24,000.00 Auxiliary Equipment $ 10,000.00 564 Police 2007 Crown Vic $ 24,000.00 Auxiliary Equipment $ 10,000.00 510 Police-Admin 2005 Chevrolet Impala $ 24,000.00 Auxiliary Equipment $ 4,000.00 310 Street 1997 JohnDeere 410E $ 90,000.00 318 Waste Water 1998 John Deere 410E $ 90,000.00 504 Street 2005 Johnston 650 Sweeper $ 175,000.00 Total $ 1,037,000.00 Public Works Superintendent Mike Morrison Jr. explained the annual evaluation process used to monitor the life cycle of City vehicles was an industry standard and noted the cost of repair versus replacement. He would add equipment maintenance and evaluation information to future Equipment Replacement Tables and reports. Mr. Fleury addressed the airport and noted they were in the process of accumulating grant money for the ramp extension and the Sky Research Hangar onsite development. Meeting adjourned at 6:45 p.m. Respectfully submitted, Dana Smith Assistant to the City Recorder ASHLAND L H Y C UUNL/L MLL7 LVO February 7, 2012 Page 1 of AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL February 7, 2012 Council Chambers 1175 E.Main Street CALL TO ORDER Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers. ROLL CALL Councilor Slattery, Morris, Lemhouse,Voisin, Silbiger, and Chapman were present. MAYOR'S ANNOUNCEMENTS Mayor Stromberg announced openings on the Forest Lands, Planning, Historic, Housing, Public Arts, Tree, and Transportation Commissions, and the Audit Committee. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS? The minutes of the Regular Meeting of January 17, 2012, the Special Meeting of January 27, 2012, and the Executive Sessions of January 27, 2012 and January 28, 2012 were approved as presented. SPECIAL PRESENTATIONS & AWARDS None CONSENT AGENDA 1. Will Council approve the minutes of the Boards, Commissions,and Committees? 2. Does Council wish to confirm the Mayor's appointment of Mike Gardiner to the Transportation Commission with a term to expire April 30, 2012? 3. Does Council wish to confirm the Mayor's appointment of Frank Betlejewski to the Forest Lands Commission with a term to expire April 30, 2013? Councilor Slattery/Chapman m/s to approve Consent Agenda items. Voice Vote: all AYES. Motion passed. PUBLIC HEARINGS 1. Will Council approve and authorize the Mayor to sign a quitclaim deed to relinquish all City interest in a 0.2 acre parcel of land along with approximately 4300 square feet of existing sewer easement in exchange for a new easement needed to abandon the Nevada Street sewer pump station? Engineering Services Manager Jim Olson briefly explained how the sanitary sewer system and pump stations worked. The pump station in question no longer functioned properly and was located 12-feet from Ashland Creek. The property owners agreed to a connection on Oak Street, wanted to receive remote electrical service and use the abandoned pump station as storage area. In addition, the property owners would provide an easement and asked the City to return the .2 acre through a quitclaim deed. Public Hearing Opened: 7:07 p.m. Public Hearing Closed: 7:07 p.m. Councilor Morris/Silbiger m/s to approve and authorize the Mayor to sign a quitclaim deed to relinquish all City interest in lot 39 IE 413-1000 and adjourning easement. Voice Vote: all AYES. Motion passed. AJHLANU 1,7I'Y CUUNCIL MLLIMU February 7, 2012 Page 2 of 9 2. Will Council adopt the FY13 Capital Improvement Program (CIP) Project List,the Overall FY13- 18 CIP Program in Concept, and the FY13 Capital Equipment Plan? Engineer Technician Scott Fleury and Public Works Director Mike Faught provided a presentation that included: FY 2011 Highlights • Jefferson Ave Extension: Construction Cost $666,397.85—Budgeted Amount - $775,000 • Liberty Street LID: Construction Cost $179,840.81 —Budgeted Amount - $275,000 • Miscellaneous Concrete-Walker Ave: Construction Cost: $260,432.29—Budgeted Cost: $250,000 • Laurel Street Sidewalk Improvements: Construction Cost $182,682.41 — Budgeted Amount $280,000 Due to the economic climate, contractors were working at cost resulting in lower bids on large-scale projects. Monies not funded through another source carried over to other Capital Improvement Program (CIP) projects. Transportation Total CIP Budget • FYI Transportation Execution Rate 52% • FYI Total Budget $2,765,000 • FYI 3-18 Budget $5,925,000 • Unfunded Totals $16,552,000 Staff explained the majority of unfunded projects consisted of street overlays and reconstructs that lacked funding. Unfunded projects in the adopted CIP were eligible for grants. Transportation CIP FY13-18 • North Mountain Reconstruction FYI 350,000 • Wightman Street Overlay FYI • Allison Street Overlay FYI $320,000 • Fielder LID FYI $130,000 • Miscellaneous Concrete Repairs FY13-18 $100,000 Transportation Hersey/Wimer Intersection Realignment 0 FY12 $500,000& FY13 $500,000 Water Total CIP FYI Execution Rate 100% • FYI Total Budget $617,000 • FYI 3-18 Budget (AWAC) $28,363,000 • Unfunded $15,668,000 Water CIP FY13-18 - CIP Updates Based on Draft Master Plan Recommendations • Park Estates Pump Station FY 13-14 $2,000,000 • Emergency Response Plan Update FYI $20,000 • CT Disinfection Improvements FYI $85,000 WATER CIP—Based on Draft Water Master Plan Recommendations • 2.5 MGD Treatment Plant • Crowson 11 2.6 mg Reservoir Mr. Faught clarified these were Ashland Water Advisory Ad-Hoc Committee(AWAC)recommendations for Council to consider and presently not adopted. Wastewater CIP FYI • Execution Rate 72% • FYI Total Budget $1,940,060 • FYI 3018 Budget $12,733,000 • Unfunded Total $1,025,000 Wastewater CIP FY13-18— CIP updates based on Draft Master Plan recommendations • Membrane Filters FYI $800,000 AJHLANU 1;11 Y t.'UUNCIL MLL1 LVCi February 7, 2011 Page 3 of 9 • Ashland Creek Mainline Rehabilitation FY13 $250,000 • Oxidation Ditch FYI 4-17 $4,000,000 • Backup Pump FY13 $60,000 Wastewater CIP-Trading • Shading Construction Cost FY13 $246,000 Overall Cost $2,921,404 (amortized over 25 year maintenance plan) Storm Drain Total CIP FY12 Execution Rate 69% • FY13 Total Budget $375,000 • FY13-18 Budget $577,000 • Unfunded Total $3,296,000 • Ashland Creek Habitat Restoration FY12 $100,000—FY13 $250,000 Electric/AFN/IT/GIS Total CIP • FY12 Execution Rate 45% • FY13 Total Budget $2,410,000 • FY13-18 Budget $7,018,900 • Unfunded Total $285,000 Facilities Total CIP Breakdown • FYI 2 Execution Rate 48% • FY13 Total Budget $3,575,000 • Unfunded $5,957,000 • Fire Station#2 FY12 $1,200,000 & FY13 $1,800,000 • Police Station Remodel FY12 $30,000& FY13 $1,500,000 Parks Department Total CIP Breakdown • FY12 Execution Rate 11% • FY13 Total Budget $2,018,000 • FY13-18 Budget $7,990,000 • Unfunded $7,190,000 • Calle Concrete Improvements FY13 $300,000 Equipment Re lacement City of Ashland FY13 E ui ment Replacement - Equip No. Department Year Brand Cost 546 Fire 1991 E-I Cyclone Pum er $ 525,000.00 295 Facilities 1997 GMC Savana Van $ 32,000.00 Auxiliary Equipment $ 5,000.00 321 Electric 1998 Ford Ranger 4X4 $ 24,000.00 563 Police 2007 Crown Vic $ 24,000.00 Auxiliary E ui ment $ 10,000.00 564 Police 2007 Crown Vic $ 24,000.00 Auxiliary E ui ment $ 10,000.00 510 Police-Admin 2005 Chevrolet Impala $ 24,000.00 Auxiliary Equipment $ 4,000.00 310 Street 1997 JohnDeere 410E $ 90,000.00 318 Waste Water 1998 John Deere 410E $ 90,000.00 504 Street 2005 Johnston 650 Sweeper $ 175,000.00 Total $ 1,037,000.00 Staff factored in the new purchase price, sold the used vehicles during the Sale-Bid Auction, with proceeds from the sales going into the Equipment Fund. AJNLANU(.'/TY C.'UUNCIL MLL7INU February 7, 2012' Page 4 of 9 Public Hearing Opened: 7:29 p.m. Public Hearing Closed: 7:29 p.m. Councilor Voisin/l%lorris m/s to accept the staff report and approve the following three items: a) the proposed FY13 Projects for Budget Purposes, b) the FY13 Capital Equipment Plan, c) the FY13-18 Overall CIP for Planning Purposes. DISCUSSION: Mr. Fleury confirmed that some of the projects budgeted in 2012 for the full amount would roll over and carry the funds with them with the exception of the Hersey/Wimer overlay. Voice Vote: all AYES. Motion passed. PUBLIC FORUM Emery Way/430 Ashland Street/Announced several community groups had come together to a launch a Legalize Sleep campaign with a goal to gather 5,000 signatures before the 2012 election to support the City making a legal place to sleep for its homeless population one of the City's commitments and goals. UNFINISHED BUSINESS 1. Will Council adopt a resolution establishing a new policy for the City's annual economic, cultural, and sustainability grant program? Councilor Slattery declared a potential conflict of interest and left the meeting at 7:36 p.m. Interim Assistant City Administrator Lee Tuneberg ensured the draft resolution would reflect an earlier Council decision that changed the minimum amount requested to 55,000 and would remove bonus points from tourism. Council would send sustainability criteria to staff. PUBLIC TESTIMONY Lynn Blanche/347 Lantern Hill Drive/Explained she was the Co-Director of Southern Oregon Sustainable Business Network (SOSEN) and advocated for keeping sustainability as a significant category for grants and not a criterion. She noted the importance of localism and provided examples. John Lamy/347 Lantern Hill Drive/Introduced himself as the Co-Executive Director of Southern Oregon Sustainable Business Network (SOSEN). He read suggestions for scoring from a document he submitted into the record that included a reduction in economic dependency on volatile commodities, a reduction of economic externalities, increase in local infrastructure that fostered Human and Social Capital, and a reduction of environmental collateral damage. Tracy Harding/334 Bridge Street/Spoke as the Rogue Valley Director of Farm to School and stressed the need to retain sustainability as a category and made suggestions to improve the reporting aspect of grants. Stuart O'Neil/770 Faith Avenue/Introduced himself as the Executive Director of Rogue Farm Corps and explained how sustainability grants were important to organizations like his and encouraged Council to retain sustainability as a category by itself. Council clarified sustainability was and would remain its own category. Council majority agreed on using the two-step process for screening applicants, and discussed forwarding sustainability criteria to staff in preparation for a Study Session Tuesday, February 21, 2012 prior to the regular meeting. Councilor Voisin/Lemhouse m/s to continue deliberation on the economic cultural sustainability grants until the meeting of February 21, 2012 with a Study Session at 6:30. DISCUSSION: Councilor Silbiger suggested the Study Session should start at 6:00 p.m. and the Executive Session at 6:30 p.m. Councilor Voisin withdrew the motion with Councilor Lemhouse's consent. Council discussed using set amounts and percentages and the need to hold the line on non-tourism amounts and deal with pressing needs in the City. AJHLA/VU 1.Y7'Y(.UUN(:/L MLL77NU February 7, 2012 Page 5 of 9 Councilor Cbapman/Silbiger m/s in the Non Tourism part of the fund set the General Fund to 80%, Economic Development to 10% and Small Grants to 10%. DISCUSSION: Mr. Tuneberg noted Non Tourism Small Grants at 10% would total $146,294. Councilor Lemhouse thought it was a good compromise but agreed on holding the line. Councilor Voisin explained allocating $110,000 to the $35,000,000 CIP was not as effective as retaining that amount for grants. When grants went to non-profits, funds stayed in the community,created jobs, developed sustainability, and projects. Roll Call Vote: Councilor Chapman, Lemhouse, Silbiger, and Morris, YES; Councilor Voisin, NO. Motion passed 4-1. Councilor Chapman/Lemhouse m/s for the Tourism portion of grant Council assign 56% to the Chamber of Commerce, 21% to the Oregon Shakespeare Festival (OSF), 10% Small Grants, 3% to the Arts, and 10% to City projects. DISCUSSION: Councilor Chapman explained 10% would take $10,000 from Small Grants. It would add small amounts to the Chamber of Commerce, OSF, and some toward city projects. Mayor Stromberg confirmed Small Grants would receive $199,500. Councilor Voisin thought the percentages were arbitrary and needed review. Councilor Silbiger supported the motion, keeping the Chamber of Commerce where it was, and suggested OSF stay at $110,000 as well. Councilor Silbiger/Cbapman m/s to amend the motion for OSF to receive $110,000 and put the remaining few dollars in City Projects. DISCUSSION: Councilor Chapman did not think the allocations were arbitrary. Council consistently dealt with $500,000 for grants. Councilor Moms appreciated Councilor Chapman using past levels to even the amounts and liked Councilor Silbiger capping the amount. However, setting a fixed dollar amount meant readjusting percentages annually. Mayor Stromberg observed Council tended to use both fixed amounts and percentages to determine grant allocation. Councilor Lemhouse added percentages were a good starting point but Council needed to use revenue in other places. Councilor Voisin thought Council needed to look at the assumptions in the percentages. ROLL Call VOTE: Councilor Morris, Lemhouse, Silbiger, and Chapman, YES; Councilor Voisin, NO. Motion passed 4-1. Roll Call Vote on amended motion: Councilor Lemhouse, Silbiger, Morris, and Chapman, YES; Councilor Voisin,NO. Motion passed 4-1. Councilor Morris/Lemhouse m/s to continue this to the meeting on February 21, 2012 preceded with Study Session at 6:00 p.m. Voice Vote, Councilor Lemhouse, Silbiger, Morris, and Chapman, YES; Councilor Voisin,NO. Motion passed 4-1. Councilor Slattery returned to the meeting 9:04. Mayor Stromberg asked Council to move agenda number 7. Does Council wish to pay the special event fee for the Oregon Student Public Interest Research Group's march and demonstration to be held on March 4, 2012?, under NEW AND MISCELLANEOUS BUSINESS and agenda item number 1. Will Council direct the City Attorney to prepare a resolution supporting the creation of a constitutional amendment to eliminate 'personhood' for corporations and unions for purposes of campaign expenditure limitations and to stop treating money as speech for political purposes?, under OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS to the number 1 and 2 spots under NEW AND MISCELLANEOUS BUSINESS. Councilor Silbiger/Lemhouse m/s to follow the orders of the day. DISCUSSION: Councilor Chapman agreed to move item number 7. but did not want the last item go before other City business. Councilor Voisin noted Council had repeatedly moved items for people to speak and thought both items should move. Councilor Lemhouse agreed with Councilor Chapman. Voice Vote: Councilor Morris, Lemhouse, and Silbiger, YES, Councilor Slattery, Voisin, and Chapman, NO. Mayor Stromberg broke the tie vote with a NO vote. Motion failed 3-4. AJ1iLANU CITY CUUNCIL MLL 111VU February 7, 2012 Page 6 of 9 Councilor Slattery/Chapman m/s to move agenda item number 7.then reserve the order. Roll Call Vote: Councilor Slattery, Morris, Lembouse, Voisin, Silbiger, and Chapman, YES. Motion passed. NEW AND MISCELLANEOUS BUSINESS 1. Does Council wish to pay the special event fee for the Oregon Student Public Interest Research Group's march and demonstration to be held on March 4,2012? City Attorney Dave Lohman explained Resolution 201 1-22 provided a consistent interim fee structure until the adoption of a formal policy that would occur spring 2012. The Oregon Student Public Interest Research Group (OSPIRG) applied for a city permit to assemble 500 people and march from SOU to the Plaza. There was some confusion regarding the map route and lanes of traffic used. Originally, OSPIRG want to occupy two lanes at a $350 fee and reduced it to one lane for a fee $135. However, using the Plaza required street closures leading to and from the area at a permit cost of$1,000. The City received a letter from OSPIRG requesting the City waive all fee closures and permits through co-sponsorship. The US Courts did not recognize an absolute right to peaceable assembly without permits. The Government could impose time, place, and regulations including requirements for permits and fees as long as the regulations met certain conditions. Four key conditions included that regulations not vest government decision makers with uncontrolled discretion in issuing permits. Second, they must not allow selective enforcement. Third, the regulations must provide comprehensive and unambiguous objective criteria when determining whether to allow or deny permit application and fourth, must provide reasons for denial and not burden speech anymore than necessary to accomplish a legitimate government interest and ensure traffic was not blocked. Fees could only cover administrative costs like traffic control and could not preclude indigent groups from engaging in expressive activity at available alternative forums when traffic controls were not an issue. Finally, the law was not clear if it was permissible to submit an application 60-90 days prior to an event and a government could apply new and consistent rules to clarify or create permit fee regulations if needed. Until June 2011, the City was slightly inconsistent with Special Event fees. Council could charge less for fees but not charge more. The $130 fee for an event that required no City staff covered basic permit meetings, and coordinating with departments. Fees were absorbed for events sponsored by the City. Police Chief Terry Holderness explained the Plaza could contain approximately 160-170 people if streets remained open with the overflow relocated to Lithia Park. That number would increase with street closures but most likely would not hold 500 people. Pam Vavra/457 C Street/Supported OSPIRG's request for the fee waiver and thought the fee constituted an infringement on the right to peacefully assemble. Thomas Letchworlh/125 Lincoln Street/Clarified logistics regarding the event and would require a rolling closure of one southbound lane from Siskiyou Boulevard through Lithia Way. The event itself was primarily educational and awareness raising on the loss of free and fair elections due to the influence of money in politics and did not support a specific candidate. Mr. Letchworth clarified that OSPIRG worked closely with the Oregon State Public Interest Research Group. The event was intended to encourage civic engagement on the part of the citizenry regarding the democratic process. Staff confirmed the Chamber of Commerce paid $350 for both the Halloween and Festival of Lights parades. The Chamber of Commerce did not pay additional costs for police and street closures. ASHLANU U1 T CUUNC.YL Mtt71NCj February 7, 1012 Page 7 of 9 Councilor Chapman/Slattery m/s to deny the payment of Special Events fee for OSPIRG event scheduled March 4, 2012. DISCUSSION: Councilor Chapman thought it was appropriate OSPIRG paid for the fee. Councilor Voisin would not support the motion and thought OSPIRG had the right to have a parade without expense. This was a student organization and Council needed to support youth and future leaders of the country. Councilor Slattery responded it was not an issue of right. Students could raise the money for these types of events. Freedom of speech did not include the freedom of doing it without paying part of the costs. Councilor Lemhouse clarified it actually was a political event and the Supreme Court had rules on consistency. If Council waived the fees for this event, they would have to do that for others and was not responsible action for a City to take. Councilor Voisin stated in order to be fair and consistent the Chamber of Commerce needed to pay more for the parades they promoted. Councilor Silbiger commented the City needed to be fair, non-discriminatory and not make judgments on content. The citizens would pay for approximately 50% for the event. Councilor Slattery addressed Councilor Voisin's earlier comment and stated the Chamber of Commerce did pay their fees. Mr. Lohman clarified that since the adoption of the interim policy the chamber of Commerce had paid full fees for the events they sponsored. Mayor Stromberg would waive the fees based on the difficulties students had financially. Councilor Morns pointed out that was exactly the reason Council should not waive the fees. It isolated one group from others and was discriminatory in nature. Roll Call Vote: Councilor Chapman, Silbiger,Lemhouse,Morris, and Slattery,YES; Councilor Voisin,NO. Motion passed 5-1. 2. Should Council authorize the Mayor to sign an Intergovernmental Agreement between various Oregon municipal electric utilities and the City of Ashland to create a public entity known as the Oregon Municipal Electric Utilities association? Interim Assistant City Administrator Lee Tuneberg explained the City would get $20,000 or more value by joining the Oregon Municipal Electric Utilities (OMEU) association. The City would receive lobbying efforts regarding energy,the benefit of energy issue resolution with Bonneville Power Administration (BPA), professional development, cooperation on policies and administration between participating agencies. Councilor ChapmanfLemhouse m/s to authorize the Mayor to sign the inter-governmental agreement- with Oregon Municipal Electric Utilities. Voice Vote: all AYES.Motion passed. 3. Will Council authorize Ashland Fire and Rescue to apply for a grant to fund 3 safety positions through the United States Department of Homeland Security's Staffing for Adequate Fire and Emergency Response grant program? Fire Chief John Kams explained the Staffing for Adequate Fire and Emergency Response (SAFER) grant would augment Fire Department staffing to achieve or come close to achieving the National Fire Protection Association (NFPA) standards for staffing. The grant dropped the employee retention requirement and would cover hiring,clothing, salaries, and benefits for three firefighters for two years. Regarding lay-offs, an employee with the lowest seniority would go before higher seniority regardless of the grant. Receiving the grant would give the City a 4-person engine company at one station. Chief Karns had an eight-year plan for additional hires at the other station. Councilor Voisin/Lemhouse m/s to authorize staff to apply for 3 safety positions through the United States Department of Homeland Security Staffing for Adequate Fire and Emergency Response (SAFER) grant program. DISCUSSION: Councilor Voisin commented it was important to increase fire- fighting staff. Councilor Chapman expressed concern over potential lay-offs in two years. Roll Call Vote: Councilor Voisin, Slattery,Morris,Lemhouse, Silbiger,and Chapman,YES. 4. Will Council authorize a pass-through funding agreement for$50,000 between the City of Ashland and the Oregon Department of Forestry to use American Reinvestment and Recovery Act funds to help support the creation of defensible space around homes in Ashland? Firewise Communities Coordinator Ali True explained the grant was a pass through to a pre-existing grant between the Oregon Department of Forestry and the City that continued the reimbursement program for AJHLANU 1.1l'Y CUUNCIL MLL711V(i February 7, 2012 Page 8 of 9 homeowners removing hazardous vegetation around their homes to create defensible space. Changes to the grant included the money coming from a different federal source and an increase to the maximum reimbursement from $400 to $600 per household. The previous program was very successful and exceeded expectations and commitments to the Oregon Department of Forestry regarding the number of homes and acres protected. Last year the expectation was to treat 40 homes instead they treated 165. Homeowners request a Wildfire Safety Home Assessment and become eligible for itemized cost reimbursement. Councilor Chapman/Slattery m/s the modification of the agreement adopting additional funds for wildfire safety. Voice Vote: all AYES.Motion passed. 5. Does Council have any questions regarding the second quarterly update on the implementation of the Economic Development Strategy? Community Director Bill Molnar explained the focus over FY2011-2012 was Priority 1 strategies. Staff efforts included the Chamber of Commerce Business Retention and Expansion (BNR) survey, maximizing impact of the existing City Economic Development Cultural grants process, evaluating Urban Renewal Districts and improving the Land Use Development process. Staff worked on Priority 2 and Priority 3 items that increased opportunities for local import substitution to local purchasing and Thrive's local business directory for local purchasing. Mr. Molnar thought initial projects went well but there was a degree of awkwardness having Community Development involved in Economic Development since Community Development dealt with zoning, public infrastructure, and regulated development. Council noted SOREDI's Jefferson Grapevine Program that enabled new businesses to network with investors held an event in Ashland that was the best attended and are planning to schedule more. Councilor Lemhouse/Silbiger m/s Quarterly updated as presented. Voice Vote: All AYES. Motion passed. 6. Will Council approve guidelines for expenditure and sponsorship recommendations from City commissions and committees? Interim Assistant City Administrator Lee Tuneberg explained the guidelines provided critical information for Commissions, Committees and staff regarding use of monies, support endorsements, and sponsorship. Many Commissions had small budgets for training, education, and programs vested within the actual commission. The guidelines would not change budget amounts for Commissions. Sponsorships would come through Council but routine expenditures would go through Liaison's and Department Heads. The six-week turnaround to decide sponsorship provided time for the decision making process and eliminated last minute decisions. Councilor Silbiger/Chapman m/s to approve the guidelines proposed by staff and direct staff to prepare a resolution incorporating the approved guidelines for formal adoption at a future Council meeting. Voice Vote: all AYES. Motion passed. 7. Does Council have any questions about the quarterly financial report as presented? Interim Assistant City Administrator Lee Tuneberg explained cash balances increased due to the City receiving the majority of property tax distribution in November and the financing for Fire Station No 2. Proceeds from the bond sale, System Development Charges (SDC's), monies Council restricted were restricted by statute. The Transient Occupancy Tax (TOT) took a hit in the first quarter possibly due to Bowmer in the Park. It was still early to project Food and Beverage Tax but the current quarter showed a higher number of businesses not reporting or paying on time. Councilor Slattery added TOT decreased due to room rates going down because of the economy. AJHLANU U11'Y CUUNCIL MLC11NU February 7, 2012 Page 9 of 9 Councilor Slattery/Silbiger m/s to accept the quarterly financial report as presented. Voice Votes. ALL AYES motion passed. ORDINANCES,RESOLUTIONS AND CONTRACTS None OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS 1. Will Council direct the City Attorney to prepare a resolution supporting the creation of a constitutional amendment to eliminate 'personhood' for corporations and unions for purposes of campaign expenditure limitations and to stop treating money as speech for political purposes? Jan Waitt/147 Manzanita Street/Encouraged Council to pass the resolution to amend the constitution to eliminate `personhood' and provided history on how corporations gradually gained personhood and unlimited personal campaign spending and a Supreme Court decision that determined money equaled speech. Item continued to Unfinished Business on the February 21, 2012 meeting agenda. ADJOURNMENT Meeting adjourned at 10:27 p.m. Dana Smith, Assistant to the City Recorder John Stromberg,Mayor AJHLANU C.17'Y U(JUNUL OVAL NP 77 INU February 11, 2011 Page I of I MINUTES FOR THE GOAL SETTING SESSION ASHLAND CITY COUNCIL February 11,2012 51 Winburn Way CALL TO ORDER Mayor Stromberg called the meeting to order at 9:00 a.m. in the Siskiyou Room of 51 Winburn Way. Councilor Slattery,Moms, Lemhouse, Voisin, Silbiger,and Chapman were present. Interim City Administrator Larry Patterson conducted the session beginning with the objectives. • Future challenges and the City's Mission • Defining goals • Team building • Understanding of the City Organizations capabilities and shortcomings. • Additions, modifications or deletions to the goals • Staff direction on developing work plan for council review and adoption Council reviewed 2011 accomplishments and discussed current issues. Economic Development—Council discussed how this could be accomplished. Long-Range Planning — Council discussed having additional Study Sessions in order to prepare and understand issues more clearly. Safety—Council discussed conducting a staff analysis where needed. Public Works—Council discussed water needs. Organizational Development—Council confirmed their desire for a biennial budget and discussed administrative staffing needs. ` Other — Council discussed reviewing Commissions in regards to their designated "charge", holding to "sustainability", implementing strategies in regards to the "homeless" issue and reviewing how volunteers fit within our organization. Interim City Administrator Larry Patterson will prepare the complete goal list to the council for their review. Meeting was adjourned at 2:00 p.m. Respectfully submitted, Barbara Christensen City Recorder CONSERVATION COMMISSION MINUTES 5:30pm-7:30pm —January 25, 2012 07, 2011 Community Development Building--- To be approved at the February 22, 2012 Commission Meeting CALL TO ORDER Chairperson Hartman called the meeting to order at 5:35 pm. Attendees: Risa Buck, Sheri Cellini, Stuart Corns, Jim Hartman, Jim McGinnis, David Runkel and Mark Weir were present. Thomas Beam and Cat Gould were absent. City Council Liaison: Carol Voisin, absent Staff Representative: Adam Hanks, and Mary McClary SOU Representative: Shaun Franks (SOU Stainability Student Director) APPROVAL OF MINUTES Chairperson Hartman asked for approval of the minutes for December 07, 2011. Commissioner Buck made a motion to approve the minutes as stated and Commissioner McGinnis seconded the motion. Voice Vote: All Ayes. The motion passed with a unanimous vote. PRESENTATIONS Mabrie Ormes presented information to the Commission in support of rain barrels. She explained to the Commission how she became involved this past year in a program called Shifting Patterns that connects scientists and artists to team together and address the issues of global warming in the Rogue Valley. She decided to focus her attention on the predictions around water, specifically rain barrel programs. She highlighted results of programs implemented with other cities. Russ Chapman suggested she have a booth at Earth Day to further the public's awareness. The Commission thanked her for the presentation. Fred Gant and Lynn Blanche spoke to the Commission about a program they are trying to revive called Green Drinks. They explained how the program functioned prior and their basic need was to find a venue to host the gatherings. The Commission offered ideas of different places they might be able to utilize for venues and thanked them for the information. PUBLIC FORUM Shaun/SOU, The Student Sustainability Director, was in attendance and would also contribute to the SOU quarterly report. Russ Chapman spoke to the Commission about supporting Earth Day, April 21, 2012. The Conservation Commission and the Conservation Division has supported Earth Day for the past 11 years. Commissioner Cellini made a motion to support the Earth Day Event in the amount of$800.00. Commissioner Corns seconded the motion. Voice Vote: All Ayes. The motion passed with a unanimous vote. Chairperson Hartman reviewed the timeline of the items on the agenda. ANNOUNCEMENTS Next meeting February 22, 2012 Commissioner Buck announced Eco's Winter Film Series on February 1 will show Garbage:the Revolution Starts at Home. In addition she brought a magazine issue from UC Davis about a zero net energy community that UC Davis has sponsored. She would like the Commission to hold a discussion on this topic in the future. Ashland Hardware will recycle batteries and CFLs for free. NEW BUSINESS Item C moved to Item A A. Conservation Awards Commissioner Runkel talked about what typed of awards would be given to the winners. The Commission decided to discuss the type of award at their next meeting. Commissioner Cellini made a motion to approve Commission Runkel's press release for the Conservation Awards. The motion was seconded by Commissioner McGinnis. Voice Vote: All Ayes. The motion passed with a unanimous vote. The Commissioner asked for this item to be placed on the next meeting's agenda. Item D moved to Item B B. Compost Classes 2012 Commissioner Buck reported the attendance for the classes from prior years: 2007-96 2008-108 2009-49 2010—A2 2011---40 She believed the classes had been well advertised and believes it's an important class to continue fulfilling some of the Commission's goals to connect, educate and communicate conservation. Commissioner Runkel remarked smaller classes would be more beneficial to the participants. Chairperson Hartman suggested a video on the web site to demonstrate the composting process. Commissioner Cellini suggested the Commission inform the public at the Earth Day Event. Commissioner Runkel made a motion to allocate$150.00 for the gift certificate for the teacher of the Compost Classes. Commissioner Cellini seconded the motion. Voice Vote: All Ayes. The motion passed with a unanimous vote. The Commissioner asked for this item to be placed on the next meeting's agenda. C. Review of Assignments from November 19, 2011 Sustainable Plan Commissioner McGinnis went over the brochure to submit to the Council with the corrected changes from the last meeting. The Commission discussed what type of document would be submitted to the City Council and in what content. Leed Silver Certification Commissioner Weir read from the Ashland City Council Goal was to:Adopt land use codes, building codes, green building standards, and fee structures that create strong incentives for development that is energy, water, and land efficient and supports a multi-modal transportation system. He stated to obtain this goal; the Ashland Conservation Commission recommends that the city require a minimum LEED Silver Certification for all new City buildings and retrofits. Commissioner Weir read his letter the Commission would support and be presented to the Council. The members made some simple changes to the letter that Commissioner Weir would adjust. Commissioner Cellini read a letter outlining how the Commission would like to implement the anti- idling ordinance that already exists in the City. She highlighted the main goals as: educate and enforce anti-idling ordinance 2828 for city vehicles, tracking fuel efficiency for city vehicles, hire a grant writer, and implement a fine for the ordinance. Adam Hanks helped the Commission understand a format to submit to Council. He offered to write a communication to Council highlighting the three main issues the Commission would like to present: sustainability/conservation plan for the city adoption, Leed standard buildings, and conservation within fleet management including the enforcement of the city's idling policy. Commissioner Runkel moved the Commission give the Council a background sheet of paper that talks about these three things: Sustainability planning, Leed program and enforcement of the idle policy. The Commission discussed further how to present information to the City Council. Commissioner Runkel retracted the motion. D. Report for Council based on reviews Commissioner Cellini made a motion to put together on a one page summary with bullet points the 6 items from Commissioner McGinnis 2012 sustainable items, bullets from commissioner Weir's information on Leed Silver Certification and bullets for the anti-idling policy for the February 11, 2012 Council retreat. Commissioner Runkel seconded the motion. Voice Vote: All Ayes. The motion passed with a unanimous vote. Commissioner McGinnis made a motion to include back-up material to the proposed communication to the Council. The motion was seconded by Commissioner Runkel. Voice Vote: All Ayes. The motion passed with a unanimous vote. OLD BUSINESS Set aside QUARTERLY LIAISON REPORT Set aside (December meeting: Southern Oregon University) ADJOURNMENT Chairperson Hartman adjourned the meeting at 8:20 pm. Respectfully submitted by: Mary McClary Administrative Assistant for Electric, Telecommunication and the Conservation Department. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Community Development office at 541-488-5305(TTY phone number is 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting(28 CFR 35.102-35.104 ADA Titlel). CITY OF ASHLAND ��, Minutes January 23, 2012 Ad hoc Homelessness Steering Committee Council Chambers 4:00- 6:00 p.m.' Attendance Ayers, Parker, Lewis, Saldana, Rohde, O'Bryon, Hopkins-Powell, Voisin (Council liaison), Slattery (Council Liaison) Reid (City staff) Absent None Call to Order Parker called the meeting to order at 4:05 p.m. Approval of Minutes Hopkins-Powell/Rohde m/s to approve the minutes of the January 11`h meeting; minutes were approved with no corrections. Agenda Item #3: Committee Member provide updates on various issues • La Clinica Mobile Clinic- Lewis reported that the board of the Methodist Church approved hosting the Mobile Medical Clinic at their location once a week and added a budget for the installation of an exterior 220 outlet to run power to the van. Parker mentioned that there was one snag. Parker has volunteered to provide intake services for the patients but found that she needs to be covered by liability insurance in order to perform that service. She has contacted two non-profits to see if they could provide that insurance. Community Works may be able to, but she has yet to hear back from them. Ayers said that she would speak with the Peacehouse board about it and Reid suggested that maybe the Community Health Center or the Jackson County Community Services Consortium could be approached. Parker stated that there was some urgency since there are only a couple of weeks until the first clinic on February 14'h. The Mobile Van is planning to be available at the Ashland Location every Tuesday from 1:OOP.M. to 6:00 P.M. The La Clinica staff would like to have 14-16 patients lined up for each clinic date. Dental services will not be available on the 14'h. Voisin stated that the Presbyterian Church may be able to supply 3 to 4 volunteers with Medical experience to assist with the Mobile Clinic. Advertizing and flyers will be circulated to get the word out about the Mobile Clinic. • Annual Homeless Count-Reid reported that the Jackson County Homeless Task Force is completing the annual county wide homeless Point- In- Time Shelter Count this week as part of a State and National Homeless Count. The County is mandated to complete a shelter survey annually and a shelter and street count every other year. The survey results are directly correlated to State and Federal funding for homeless assistance. Voisin reported that the Citizen's Coalition is conducting the state provided survey here in Ashland as well as conducting a second survey that they developed in order to get a better picture of Ashland's homeless population and their needs. The coalition has twenty volunteers going out in pairs. They will be counting all week. Page 1 of 4 • Donation Boxes- Lewis reported that the Chamber Board is planning on having a meeting about the boxes, the chamber needs to decide on the language for the signage, and bring that back to the HSC for approval. The goal is to have them installed by Memorial Day. Mei Win is the contact person at the Chamber. • Interviews with Community Leaders-Parker stated that she interviewed Chief Holdemess and felt that he had a wealth of knowledge and experience with homeless populations and programs. He has a lot of information about a very successful program instituted in Fontana California in which he was very involved. Information about the program is available at http://www.fontanacap.org Chief Holdemess has some ideas and directions that the committee could look at in seeking to address the downtown problem. Chief Holdemess is available to speak with the committee at their next regular meeting. Parker felt that there should be a representative from the police force on the committee. Councilor Voisin interviewed Alan DeBoer. DeBoer felt that the faith community needs to be engaged in the issue and needs to be organized. Currently there is no unifying body for organizing the pastors. However, Voisin pointed out, the pastors are very busy and they are experiencing the same issues that the community service and volunteer organization face. They need the same resources. DeBoer also thought that a monthly column in the newspaper advertising the needs of the impoverished and homeless would be beneficial. He felt that if the general public were made aware of specific requests then they would step up to provide those items. Lewis noted that the church newsletters are also a good place to put out a call for goods, currently, that is where a lot of donations come from. Aaron Reed from Community Works has agreed to provide a story for the first newspaper article about-a specific homeless person's experience. Lewis suggested that someone could talk to the Mayor about calling the faith community leaders together, a"Mayor's Conference". Parker stated that there are a lot of new faces since ICCA closed and that the community needs to mobilize more volunteers, the churches are really busy and the usual volunteer pools consisting mainly of seniors and retirees are already stretched thin, it is unlikely that they could be doing more than they are already doing. The community needs to work on getting other players involved, young people and other groups not already volunteering. Rohde cautioned that any outreach effort that went forward without a clear long term plan may not be well received. Rohde stated that ICC's first step was to complete a survey of the faith community about their self interests and then they came together around those issues. Slattery stated that the chamber uses a model that includes a questionnaire/needs assessment that looks at weaknesses and strengths. O'Bryon volunteered to do some research on questions/needs assessment from other communities. Saldana supported Rohde's earlier assertion that the questionnaire should appeal to the churches self interest. "How does homelessness in Ashland impact your churches and what resources do you have to address their needs" Parker invited the committee members to send her potential question via e-mail. Page 2 of 4 Focus Group/Downtown Business involvement/Education and Outreach Ayers suggested that Peace house sponsor a "Community Conversation" to facilitate a discussion on the issues of homelessness and poverty on the Ashland community. Peace house produced an hour long video on homelessness last year. The discussion could be held once in the evening and once in the morning to facilitate differing schedules. The conversation could begin by watching the video then breaking into world cafe style groups for discussion. The Gresham room at the Library would be a good size for the event. Ayers was looking at March 24`h as a potential date but could do it earlier as long as there was two weeks lead time to prepare. Rohde posed the question, how do we reach out to folks who have a different perspective than those already represented at the table? Lewis and Slattery suggested specifically inviting individuals to come to share their views on poverty in Ashland. Saldana asked, what do we hope to gain from more conversation; we have had a lot of that already. What do we want to gain from the conversation? Slattery replied, possibly solutions to help lead to the resolution of some of the downtown issues, addressing is different than solving; there is still some room to identify solutions. Parker, quoting Chief Holdemess, stated that you must identify your goal before you can solve the problem. Hopkins-Powell stated, that the committee is running out of time and wondered at this point would it be better to address the issues currently on the table or to address the continuation of the committee. Hopkins-Powell felt that the committee needs to decide what is important. Reid suggested holding a short goal setting session using the dot exercise at an upcoming meeting to set group priorities. Agenda Item #4 "Parking Lot' Proposals Mobile Restaurant: Audience Member Sandra Coyner spoke on this proposal since it was her proposal. Coyner stated that she felt one of the advantages of this proposal was that its services were not in a fixed location. It would be just an RV where people can come and sit down have some coffee and get out of the weather. Hopkins-Powell stated that the mobile restaurant seemed like a doable interim step to a day center. Parker stated that she envisioned a day center that serves the relief/rehabilitation model, where people can access services that help them out of homelessness. Voisin agreed that the community should invest their time and energy in getting people out of poverty. Lewis wondered if the committee would be able to find the agencies to connect together to create a day use center. Page 3 of 4 Wrap Up The Committee discussed the Palo Alto Downtown streets employment program model and agreed that it fit much of what they have been looking at implementing already. Such a program would address issues of employment, could incorporate several aspects of the relief/rehabilitation model that Chief Holderness has spoken of from the Fontana Program, and provide a day center where the meetings could be held and which could be used to connect program participants with support services. The model also provides a non-monetary incentive system that would assist with housing, food, and other goods. Reid mentioned that the City's CDBG funds could be used to support an economic development activity such as the Downtown Streets program. Agenda Items for the Next Meeting Chief Holderness Presentation Goal setting exercise Announcements KSKQ 89.5 Wednesday the 25`h, interview with Committee members on the Community Connections show. A 2"d listening post site will be operating at the library in the study room upstairs on Wednesdays from 3:00-5:00 P.M. Uncle Foods served the most people it has ever served last Tuesday, 90 people, 40 of which were families with children. Meeting adjourned at 6:10 Next meeting dates _ February 8-Ashland Library February 27-City Council Chambers, 1175 East Main 4:00-6:00 Page 4 of 4 CITY OF ASHLAND ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES January 10,2012 CALL TO ORDER Chair Pam Marsh called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street. Commissioners Present: Staff Present: Mick Church Bill Molnar, Community Development Director Michael Dawkins Derek Severson, Associate Planner Eric Heesacker Amy Gunter,Assistant Planner Richard Kaplan April Lucas,Administrative Supervisor Pam Marsh Debbie Miller Melanie Mindlin Absent Members: Council Liaison: Russ Silbiger, absent ANNOUCEMENTS Commissioner Marsh welcomed Richard Kaplan to the Planning Commission and provided an overview of the upcoming meeting schedule. She also asked for a volunteer to attend the next Chamber meeting and Commissioner Miller offered to attend. Community Development Director Bill Molnar commented on the Economic Development Strategy and noted the Chamber of Commerce is working on a local survey of businesses. He stated this will be kicking off soon and the findings will be presented at a future Study Session. CONSENT AGENDA A. Approval of Minutes. 1. December 13, 2011 Regular Meeting. Commissioners Dawkins/Heesacker m/s to approve the Consent Agenda.Voice Vote: all AYES. Motion passed 5-0. [Commissioners Kaplan and Church abstained] PUBLIC FORUM No one came forward to speak. TYPE II PUBLIC HEARINGS A. PLANNING ACTION:#2011.01576 SUBJECT PROPERTY: 1554 Webster Street(on the Southern Oregon University campus) APPLICANT:American Campus Community Services DESCRIPTION:A request for Site Review approval to construct a new single-story dining hall near the intersection of Wightman and Webster Streets,two new four-story residence halls near the intersection of Webster and Stadium Streets,two parking lots and associated site improvements on the Southern Oregon University campus at 1554 Webster Street.Also included are requests for Conditional Use Permit approval to allow buildings that exceed the maximum length and vary from the locations identified in the SOU Masterplan and to exceed the 40 foot height allowance in the SO zoning district, and a request for a Tree Removal Permit to remove 18 trees that are 18-inches in diameter-at-breast-height or greater.The application involves the demolition of five residences and their associated accessory structures near the intersection of Webster and Stadium Streets to accommodate the proposed Ashland Panning Commission January 10, 2012 Page 1 of 8 development. COMPREHENSIVE PLAN DESIGNATION: Southern Oregon University;ZONING: SO;ASSESSOR'S MAP: 391 E 10 CD; TAX LOT: 4200. (Continued from December 13, 2011 meeting) Commissioner Marsh read aloud the public hearing procedures for land use hearings. Ex Parte Contact Commissioner Kaplan performed a site visit and reviewed the previous meeting documents and video. Commissioner Mindlin performed a site visit. Commissioner Heesacker reviewed the SOU Master Plan. Commissioner Church performed a site visit, reviewed the previous meeting documents and video, and received clarification from staff regarding the SOU Master Plan. Commissioner Dawkins performed a site visit. Commissioner Marsh performed a site visit and had two brief conversations regarding the public hearing and approval process. Staff Report Associate Planner Derek Severson provided an update of the issues raised at the December 1Y,public hearing. 1) Sense of Entry/Relationship to the Street and Better Address Length and Articulation Guidelines. Mr. Severson stated the applicants have redesigned the building in response to these issues and have added an arched element; broken up the height with additional dormers; added a plaza area; and added a walkway that connects to the Greensprings Complex. He stated staff is supportive of these revisions and believes the revised proposal better addresses the standards. 2) Transportation and Parking Demand Management. Mr. Severson reviewed the exhibit that was presented at the Transportation Commission hearing,which outlines the current and proposed parking supply, and clarified resident students will not be allowed to park in commuter lots elsewhere on campus. He also commented on the shift in resident population to the north side of campus and stated the application focuses on crossing treatments so that students can safely cross Siskiyou Blvd. 3) Pedestrian Safetv. Mr. Severson stated staffs concern was ensuring there is big picture consideration of the circulation changes in shifting the student life zone to the north side of Siskiyou and how they will fit within the fabric of campus and the community. Staff also requested the applicant clarify what improvements will occur, by whom,and when. Mr. Severson noted the Pedestrian Circulation Plan presented by the applicants and also reviewed the recommended conditions of approval submitted by the Transportation Commission. He noted that one of the Transportation Commission's recommendations is to install full width sidewalks and parkrows along Ashland Street; however,this would require the removal of at least 29 trees, and these improvements could potentially be disturbed when the multi-use building goes in along the Ashland Street frontage. Mr. Severson stated for these reasons, staff is recommending the Ashland Street sidewalk improvements be delayed until the installation of the future mixed use building. 4) Issues Raised by the Commission. Mr. Severson reviewed the five issues raised by the Commission at the December hearing: 1) Parking, including the future Student Recreation Center and event demand, 2)Sidewalks on the north side of Ashland Street, 3) Sidewalks on both sides of Stadium Street,4)the Ashland Street crossing at Stadium Street, and 5)Sidewalks on the east side of Wightman. He stated the applicants are now proposing sidewalks and parkrows along the full length of Stadium Street from Webster to Ashland Street;and in terms of the crossing,the recommendation from the Transportation Commission is to install audible RFBs and additional signage. He stated if feasible,the applicants are also considering median treatments and adjusting the location of that crossing to address concerns with the left hand turn movements out of the Market of Choice shopping center. In terms of the Wightman Street corridor, Mr. Severson stated the applicants have presented an alternate design that would widen the sidewalks along the Dining Hall frontage. 5) Tree Commission Recommendations. Mr. Severson stated the Tree Commission did not review the applicant's newest submittals, but they are supportive of the application and recommend the following: 1)that the existing,established trees along the Wightman and Ashland Street frontages not be removed,2)that an arborist be present at all times during the sewer line installation on Iowa Street and supervise the hand excavation within the root zones of Trees#200 and#201, and 3)to take extra effort to save Tree#200, but they recognized that this proposal may necessitate the removal of Tree#201. 6) Applicants Requested Revisions. Mr. Severson stated the applicants have requested revisions to the conditions proposed by staff. 1) Condition#1 —the applicants have requested the LEED requirement be revised to require them to submit the materials for LEED certification within an agreed upon timeframe, rather than setting a deadline for obtaining approval. 2)Conditions#5i and#7d—the Ashland Planning Commission Anuflly 10. 2012 Page 2 of 8 applicants have asked that the requirement for stairway access be removed and that the requirement for radio coverage be based on testing and supplied if needed as a condition of occupancy. Mr. Severson stated staff is comfortable with the revisions as proposed. Mr. Severson concluded his presentation and stated Staff is supportive of the application and are recommending approval with the conditions as outlined. Questions for Staff Suggestion was made for the applicant to install a crossing treatment for the Francis/Siskiyou crossing, including audible RFBs. Concern was expressed regarding the Stadium Street crosswalk and it was questioned whether there are other treatments that could be done. Public Works Director Mike Faught addressed the Commission and stated one idea is to extend the median and to prohibit left hand turns from the shopping center; however, more outreach with the community and surrounding business owners would need to be done before a change like this was implemented. Recommendation was made for the TDM strategies to focus on outcomes rather than monitoring behaviors. Suggestion was also made for the excessive signage along Siskiyou to be reviewed and to consider removing those that are not legally required. Applicant's Presentation Kurt Schultz/SERA Architects/Thanked the Commission for their comments made at the first hearing and reviewed some of the changes that have been made to the design, including: 1) Enhancing the pedestrian connectivity throughout the site, including the addition of an Ashland City Street Standards sidewalk with parkrow along both sides of Stadium Street from Webster to Ashland, with the exception of a small segment in order to preserve several mature trees, 2) Changed the residence hall design to create significant entries and added dormers to break up the roofline,and 3)Created a pedestrian crossing across the new parking lot to new stairs and also created a new pedestrian circulation path that connects to the Greensprings Complex.Other modifications include the addition of landscape islands in the parking lot and additional landscape screening around the trash compactor. Mr. Schultz reviewed the Pedestrian Circulation hierarchy diagram and identified the primary and additional circulation paths for the Commission. He also commented on the proposed alternate treatment for Wightman,which would widen the sidewalks along the Dining Hall frontage..He stated this would require the removal of four Sycamore trees, however 5-foot tree grates would be installed and new street trees planted. He stated their preference is to retain the original design, however they have presented this alternate for the Commission's consideration. Mr. Schultz agreed with staffs concerns regarding the installation of wider sidewalks along Ashland Street and noted the issues with the number of trees that would need to be removed and the grade changes. He stated their preference is to install the Ashland Street improvements with the development of the future multi-use building,which will include underground parking. Mr. Schultz concluded his testimony and noted several members of the design team are here to answer any questions the Commission may have. Questions of the Applicant Comment was made questioning if the Mediterranean design style for the buildings is something the university will stick with. Mr. Schultz explained when the university was first developing several buildings were done in this style; however, in the 1960s and 1970s a different style was used. He stated the university does not want to create the type of institutional looking buildings used in the 60s and 70s, which is why they are going back to the design roots of the campus. Mr. Schultz provided an explanation of where the bollards on Webster would be placed, and also clarified where ADA parking would be located. Comment was made expressing concern that the Greensprings Complex does not front the quad,which was the original design in the Master Plan. Mr. Schultz commented on the integration of the Greensprings Complex and stated they have created an outdoor area along the walkway from the Greensprings to the Dining Hall. Mr. Craig Morris added that 1%of the construction costs will be allocated to art,and commented on the landscaping and exterior an that will be located along the promenade and inside the quad. Ashland Planning Commission January 10. 2012 Page 3 of 8 Comment was made questioning if there is a treatment that could be done to the Ashland Street sidewalk that would improve the drop hazard until the full improvement takes place. Comment was made expressing concern with the number of trees to be removed. Mr.Greg Covey explained there are several challenges with this site, and the biggest one is the change in grade. He stated it is impractical to try and save the trees that are very close to buildings, however they will be planting more trees than they are removing,and in the end this will improve the campus tree canopy since more consideration is being taken regarding the species,diversity and location. Comment was made that not all trips to the Dining Hall will be from the dorms, and support was voiced for the alternate Wightman treatment suggested by the applicants. Comment was made expressing concern regarding the adequacy for event parking. Mr. Phil Worth stated they are looking at a small number of events each year that generate a significant parking demand, and the neighborhood,campus and city will likely need to come to an agreement on what parking can be used for these events and what is off limits. Mr. Moms noted the parking lot next to McNeal Stadium is not residential and will remain commuter and staff parking. In terms of the transportation piece, recommendation was made for a more outcome based analysis that measures parking and transportation impacts rather than monitoring the university's use of bus passes,etc. Mr.Worth encouraged the City to move in this direction and stated an outcome based method is very appropriate. He stated the difficulty will be identifying the right outcomes, and selecting outcomes you can confidently measure. The applicant's were asked to clarify their proposed revision to the LEED condition. Mr. Schultz explained the university has no control over how long the U.S. Green Building Council might take to approve their application. Mr. Moms stated they intend to do everything possible to be certified, however their last application took nearly 3 years to be approved and they just can't guarantee how long this process might take. Public Testimony Tom Burnham/1344 Apple Way/Clarified he is speaking as a citizen and not as a member of the Transportation Commission. Mr. Burnham read his letter that was included in the meeting materials and expressed his concems with: 1)the safe and efficient crossing of Siskiyou Blvd by pedestrians and cyclists, 2)the accuracy of the pedestrian counts at the intersection of Siskiyou, Wightman and Indiana, and 3)possible problems for pedestrians attempting to get from the north/west comer of Siskiyou and _ Wightman to the south/east comer of Siskiyou and Indiana. Mr. Burnham also recommended the applicants not discard the idea of a pedestrian/bicycle bridge. He asked that this be put in the plan for future campus development and to set aside the needed space for its construction. He also recommended the applicant's develop plans for a campus shuttle service. Applicant's Rebuttal Craig Morris/Stated the Dining Hall is not the only place for students to eat, and noted the large eating area inside the student union on the south side of campus. He added students that are in class often choose to eat lunch at this location rather than returning to the Dining Hall. Mr. Morris clarified the north side of campus is not the only location where they will develop in the future. He noted the land bank that will be created by the removal of the Cascade Complex and stated they also plan on repurposing the Suzanne Holmes building. The applicants also clarified the issues associated with a pedestrian bridge and explained why this option is not being considered at this time. Advice from Legal Counsel/Staff Mr. Severson clarified that no comments or concerns were received from the surrounding neighbors and property owners. Deliberations/Decision Commissioner Marsh recommended they address each issue separately as they move towards a decision. Wightman Entry Several commissioners voiced support for the revised proposal submitted by the applicant,which would remove the Sycamore trees and widen the sidewalk along the Dining Hall frontage. Commissioner Miller disagreed and would prefer to retain the trees. Comment was made that the existing Sycamores are pushing up the sidewalk and creating a hazard, and this will only continue if Ashland Planning Commission January 10, 2012 Page 4 of 8 they are left in place.Additional comment was made that the revised proposal will create a much better sense of entry to the Dining Hall. Frances Street Crossing Comment was made that the crossing activity at this location will continue to increase and several commissioners voiced support for installing improvements at this location. LEED Certification Staff clarified they are comfortable with including some flexibility into this condition. Commissioner Marsh commented that the reason the applicant gave for increasing the length of the buildings was for energy efficiency, and she does not believe it is unreasonable to give this condition some teeth. Staff noted LEED certification requires post-construction monitoring and therefore submitting for certification immediately at occupancy is not feasible. Suggestion was made to require the applicant to submit for certification within 12 months of occupancy and receive approval within 36 months. General support was voiced for this condition. Ashland Street Sidewalks It was clarified that the Transportation Commission has recommended the sidewalk be improved to full city standards, however staff is recommending this improvement be deferred. Comment was made voicing support for keeping the trees until such time that development warrants taking them out. Opposing comment was made recommending some type of improvement be done to reduce this hazard and noting that it could be 10-15 years before that frontage is development. Commissioner Marsh commented that while she is resistant to the idea of not requiring new sidewalks,the issues regarding utility placement,trees, and the future design of Ashland Street make holding off on this more appropriate. Stadium Street Crossing Commissioner Marsh clarified the conditions of approval require the applicants to address the crossing. If they come back with a minor change this could be done right away, however any larger changes would need to be looked at in a broader way. Mr. Molnar agreed and stated the business area will want to be consulted before any major changes to that intersection occur, and they will likely have strong opinions about restricting turn movements at that location. Building Redesign and Site Plan Changes The majority of the Commission voiced support to the changes presented by the applicant. Commissioner Miller voiced her appreciation that the applicants added archways, but stated she would have preferred to see four buildings and is uncomfortable with the size of these structures. Commissioner Dawkins stated he does not share the same concerns regarding Greensprings not fronting the quad, and stated he is comfortable with a promenade to connect these areas.Additional comments were made voicing support for the improvements made by the applicants since the last hearing. Commissioners Dawkins/Miller m/s to continue the meeting past 9:30 p.m.Voice Vote: all AYES. Motion passed 7.0. Commissioner Church commented on the lighting issues along Siskiyou Blvd. He stated the current lighting makes the situation worse, not better, and noted the cobra heads create shadows and make it difficult to see people. Mr. Molnar acknowledged this concern and stated this issue is on the City's radar. Recommendation was made for the Transportation Commission to look into the lighting and signage issues along this corridor. Commissioners DawkinslHeesacker m/s to approve Planning Action#2011.01576 and to incorporate the consensus reached by the Planning Commission during deliberations: 1)to incorporate the Wightman improvements along the Dining Hall's frontage as proposed by the applicant,2)to incorporate pedestrian safety improvements to the FranceslSiskiyou crossing as recommended by Kittelson &Associates, 3)to incorporate the pedestrian crossing improvements at the Wightman/Indiana intersection,4)to amend the condition regarding LEED Silver certification to require the applicant to submit for certification within 12-months of occupancy and receive approval within 36 months, 5) to include the changes to conditions 5i and 7d requested by the applicants and supported by the Fire Marshal regarding rooftop stairway access and radio coverage,6)to incorporate a requirement for audible rectangular rapid flash beacons (RRFBs)into all conditions requiring RRFBs, 7)to not require the applicant to replace the sidewalks along the Ashland Street frontage, and 6)to include all other conditions recommended by staff. DISCUSSION: Commissioner Miller stated she is supportive of this project as a whole and will not oppose the motion, but feels strongly that the original design for the Wightman Ashland Planning Commission January 10. 2012 Page 5 of 8 frontage should be adopted. Commissioner Marsh voiced her desire for SOU to move towards the idea of TDM outcomes and provide baselines to measure. Commissioner Church suggested staff be included in SOU's meeting with RVTD. Roll Call Vote: Commissioners Church, Dawkins, Heesacker, Kaplan, Miller, Mindlin,and Marsh,YES. Motion passed 7-0. B. PLANNING ACTION:#2011-01699 SUBJECT PROPERTY: 763&777 Jefferson Avenue APPLICANT: Brammo Motorsports LLC DESCRIPTION: A request for Site Review approval to construct two,two-story buildings of 14,857 square feet and 18,805 square feet for the research, design, manufacturing of prototypes,warehousing, storage and administrative offices for the production of Brammo Electric Motorcycles &products.The proposed buildings will be located at 777 Jefferson.A private,dirt test track to further the research and design is proposed for 763 Jefferson. COMPREHENSIVE PLAN DESIGNATION: Employment and Industrial;ZONING: E-1 &M-1;ASSESSOR'S MAP: 391E 14AC;TAX LOT: 101 & 102. Ex Parte Contact Commissioners Miller, Heesacker, Church, Dawkins and Marsh performed site visits. No ex parte contact was reported. Staff Report Assistant Planner Amy Gunter presented an overview of the application. She the subject property is located at 763 and 777 Jefferson Avenue, between Oak Street Tank and Steel and the Ashland Racket and Fitness Club,and the applicants are proposing to install two new commercial buildings and a dirt test track. She provided some history of the property and explained this area was annexed into the City as part of a larger parcel in 2006, and clarified the zoning for the two lots are M-1 and E-1. Ms. Gunter noted the subject properties are divided by Knoll Creek,which is a seasonal intermittent ephemeral stream, and during the annexation process a 40-foot wide conservation easement was placed over the creek corridor. She added there is also a delineated wetland on the property, but it is not considered a locally significant wetland. - Ms. Gunter stated two structures are proposed. Building A is the smaller building at 14,857 sq.ft, and Building B is 18,805 sq.ft. She stated both structures are setback 25 feet from the front property line,which is consistent with the requirements of the zone, and the applicants have proposed 52 parking spaces,which is the required amount plus an additional 10%. Ms. Gunter noted the applicants _. _have also requested a phased parking installation in.order to prevent an excess of parking that will not be needed for some time. - Ms. Gunter commented on the proposed test track and stated the applicants would use the track to test their electric motor bikes. She stated the proposed track would circle the wetland area and staff is recommending a conservation management plan for this area. Ms. Gunter reviewed the landscape plan, building elevations, and roof design, and stated staff is recommending approval with the conditions as outlined. Questions for Staff Comment was made questioning if the glare from the roofing material would be an issue for other developments in the area. It was also questioned if the swale at the south end of the property is in an appropriate location. The Commission received clarification regarding the location of a path from the sidewalk to the front door, and also received confirmation that the applicants can have more than one curb cut on each lot. Comment was made questioning if there are degradation concerns regarding the dust and potential impacts on the wetland. Ms. Gunter clarified there is a broken irrigation line at the rear of the property, and it is likely this wetland will go away once that line is repaired. Commissioners Dawkins/Church m/s to extend meeting to 10:30 p.m.Voice Vote: all AYES. Motion passed 7.0. Ashland Planning Commission January 10, 2012 Page 6 of 8 Applicant's Presentation Ray Kistler, Project Architect;Craig Bramsher,CEO of Brammo Motorsports; Brad Barber,Civil Engineer/Mr. Barber addressed the bioswale question and explained by dropping the building they are able to get half of the water from the east building as well as the stormdrain from the center aisle to the bioswale. Mr. Kistler circulated a sample of the siding material and clarified the proposed roofing material is zinc aluminum. He stated this is a highly reflective material, is great on heat gain,and does not fade over time. Mr. Bramsher commented on the history and growth of Brammo Motorsports. He stated their business is expanding, technology is moving very quickly, and it is important that they move quickly from concepts to products. He noted they offer a wide range of jobs in Ashland,from floor level positions to high tech,and would like to continue to grow their company in Ashland. He stated the test track is very critical to their business, as currently they have no way to test these products. Mr. Bramsher stated Brammo currently has 45 employees, but by the end of 2013 they plan on having 250-300 employees. He commented on the proposed track and stated they have eight of these tracks in Europe. He stated the electric vehicles are very quiet and noise will not be a problem,and stated aftdr every session they will water the track to mitigate the dust concerns. He stated they have done this in Europe and it works very well and noted use of the track will be sporadic. Mr. Kistler added they see this track is a temporary use and eventually there will be a building where the track is located. The applicant was asked to comment on how often gas powered vehicles would be used on the track. Mr. Bramsher stated it is difficult to say, but in the last year they have done this once. He estimated this might be done 3-5 times a year, and for only 30-45 minutes each time. Public Testimony Peter Finkle/785 Beach Street/Stated he is representing Yerba Prima and voiced concern with the proposed test track. Mr. Finkle stated their business is directly across the street from this site and while they support Brammo's expansion they would like for the issues associated with the track to be mitigated. He stated dust in the air would negatively impact people working out at the Fitness Club, and could also impact Yerba Prima's food manufacturing facility. He stated if gasoline powered motorcycles will be running on the track,the Commission should implement some sort of condition to address this. He also requested a condition to make sure dust does not become a nuisance or health issue for the neighboring businesses and patrons. Advice from Legal CounsellStaff Ms. Gunter suggested a condition for the Commission's consideration to address the dust concerns raised:"The applicant shall submit a dust mitigation plan addressing the mitigation aspects of the test track such as the.frequency of.water, the application of a dust abatement product, and a contact of Brammo Motorsports for any compliance related issues."Mr. Molnar added that while this property is located in a manufacturing zone,which allows for the most intensive of uses,there are still landscaping requirements to address any buffering issues the Commission may have. Deliberations/Decision Comment was made that the applicants are still required to meet the noise and dust abatement requirements in the nuisance chapter of the municipal code. Staff clarified enforcement of this section of the code is primarily complaint driven and the City would normally not monitor the noise and dust levels unless complaints are received. Commissioners Dawkins/Church mis to approve PA-2011.01699 with the proposed dust mitigation condition suggested by staff. DISCUSSION: Commissioner Dawkins stated he is not supportive of an additional buffering requirement and stated he is supportive of the dust abatement condition proposed by staff. He added these electric vehicles are extremely quiet and does not believe noise will be an issue. It was noted that this property is zoned M-1, and eventually it will be developed. Commissioner Church stated landscaping will not solve any potential dust issues and the City already has procedures in place to deal with any complaints, should they arise. He stated the Commission could consider adding a condition that allows the City to pull the approval for the track in the event the dust becomes a major problem, but overall he is supportive of this project. Commissioner Miller voiced support for additional buffering between this site and the Fitness Center and recommended they add a condition regarding this. Commissioner Dawkins stated he is not interested in amending his motion to include an additional landscape buffer requirement. Commissioner Marsh asked if anyone had concerns about non-electric vehicles on the test track. Commissioner Dawkins suggested they add a noticing requirement that would require Brammo to notify their neighbors when they plan on running a gas- powered motorcycle on the track. Roll Call Vote: Commissioners Dawkins,Church, Heesacker, Miller,Mindlin, Kaplan and Marsh,YES. Motion passed 7.0. Ashland Planning Commission January 10. 2012 Page 7 of 8 OTHER BUSINESS A. Pedestrian Places Update Informational item only. No discussion was held. B. BI-Annual Attendance Report(July— December 2010) Informational item only. No discussion was held. ADJOURNMENT Meeting adjourned at 10:30 p.m. Respectfully submitted, April Lucas, Administrative Supervisor Ashland Planning Connnission January 10. 2012 Page 8 or 8 C I T Y OF ASHLAND ASHLAND PLANNING COMMISSION SPECIAL MEETING MINUTES January 24, 2012 CALL TO ORDER Chair Pam Marsh called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street. Commissioners Present: Staff Present: Michael Dawkins Bill Molnar, Community Development Director Eric Heesacker Maria Harris, Planning Manager Richard Kaplan April Lucas,Administrative Supervisor Pam Marsh Debbie Miller Melanie Mindlin Absent Members: Council Liaison: Russ Silbiger, absent ANNOUCEMENTS Commissioner Marsh announced Mick Church's resignation from the Commission and encouraged interested citizens to submit applications to the Mayors office. PUBLIC FORUM Winston FreecimanNoiced his appreciation for the new bicycle repair station located downtown. Zach BrombacherNoiced concern with the lighting on Siskiyou Blvd. Mr. Brombacher stated the lighting makes it difficult to see, especially in foggy or rainy conditions, and stated this type of passive lighting is dangerous. Commissioner Heesacker noted the Transportation Commission is aware of this problem and have discussed this issue in the past. Several commissioners voiced agreement with Mr. Brombachers concerns and stated they have noticed this as well. UNFINISHED BUSINESS A. Approval of Findings for PA-2011.01576, 1554 Webster(SOU North Campus Village). Ex Parte Contact No ex parte contact was reported. Commissioner Marsh noted staffs suggested adjustments to Condition#7i and the Pedestrian Overcrossing/Undercrossing language on page 17. Commissioner Dawkins commented on the crosswalks by the university and re-lighting that area. Commissioner Marsh clarified at the public hearing the Commission directed the Transportation Commission to address the issues of lighting and signage. Mr. Molnar added the Public Works Department will also be evaluating the lighting when the associated improvements for the SOU student housing go in. Commissioners Dawkins/Kaplan m/s to approve the Findings for#PA-2011.01576 with the revisions presented by staff. Voice Vote: all AYES. Motion passed 6-0. Ashland Planning Commission January 24. 2012 Page 1 of 4 PUBLIC HEARINGS A. PLANNING ACTION:#2011-01174 DESCRIPTION: A public hearing to review the ordinance amendments that were recently adopted as part of the Pedestrian Places project.The zoning the land use ordinance associated with the Pedestrian Places project were approved by the City Council on November 15,2011 and went into effect on December 16,2011. Subsequent to the approval,the City Council directed the Planning Commission to re-review those ordinance amendments that apply to the Detail Site Review Zone and citywide,and make recommendations to the Council for changes as appropriate. Community Development Director Bill Molnar explained the City Council adopted the Pedestrian Places ordinance package back in November; however,subsequent to their decision the Council indicated they did not understand the complete breadth of where the changes apply,and directed staff to bring this back before the Planning Commission for discussion and review. Mr. Molnar provided some background on this project and stated the recommendations that came out of the public meetings included: 1) increasing the FAR (Floor Area Ratio), 2)establishing a maximum building setback, 3) providing greater flexibility to the parking standards,and 4) allowing a percentage of the required landscaping to be used for plaza spaces. He stated as this project proceeded there was realization that these code adjustments were not just beneficial in creating pedestrian places, but had merit for the rest of the City as well. Mr. Molnar stated this is the Commission's opportunity to take another look at the changes that were made and either validate or recommend changes to the ordinances adopted by the City Council. Staff Report Planning Manager Maria Hams stated the purpose of the Pedestrian Places project is to support the development of small, walkable nodes that provide concentrations of housing and businesses grouped in a way to encourage more walking, cycling,and transit trips; and provided a summary of the ordinance amendments by location. Amendments that apply city wide: • 18.68.050 Arterial Street Setback Requirements. The previous standard required an approximately 20-foot front yard setback along arterial roads. The new standard requires a 20-foot yard or a setback equal to the width required to install sidewalk improvements,whichever is less. • 18.72.090 Exception to the Site Design and Use Standards. The previous standard included four approval criteria. The new standard describes the same four criteria but also allows an exception for proposals that will result in a design that equally or better achieves the stated purpose of the Site Design and Use Standards. 18.92.050 Parking Management Strategies. The previous standard allowed,through the implementation of specific strategies, up to a 35%reduction in required parking, and up to 50% in a Historic District. Through the implementation of specific strategies, the new standard allows up to a 50%reduction in the required parking and permits the City to require a study by a qualified professional to provide justification for offsets in parking demand,access,circulation and other transportation impacts. 18.92.050 On-Street Parking Credit. The previous standard allowed one off-street parking space credit for every two on-street spaces;24 feet of uninterrupted curb for parallel parking; and 13 feet of uninterrupted curb for 45 degree diagonal parking. The new standard allows one off-street parking space credit for every one on-street parking space; 22 feet of uninterrupted curb for parallel parking; and 12 feet of uninterrupted curb for 45 degree diagonal parking. • 18.92.050 Alternative Vehicle Parking. This is a new standard and allows alternative vehicle parking facilities to be substituted for up to 25%of the required parking spaces on site. • 18.92.050 Shared Parking. This is a new standard and allows one off-street parking credit for every space constructed in a designated,off-site shared parking area, or payment in-lieu-of-parking fees for a common parking area. • 18.92.050 TDM Plan Credit This is a new standard and allows implementation of a TDM Plan that demonstrates a reduction of long term parking demand by a percentage equal to the credit requested. 18.92.050 Transit Facilities Credit. This is a new standard and allows projects that require at least 20 spaces and abut a street with transit service to be eligible for a 10% reduction in parking through the implementation of specific requirements. Ashland Planning Commission Jouruery 24. 2012 Page 2 of 4 18.92.080 Addressing Environmental and Microclimatic Impacts of Surface Parking. This standard previously applied just to the Croman Mill zone but now applies City wide and requires that parking areas of more than seven spaces to meet the specified standards. • 18.92.080 Site Circulation. This is a new standard and requires new development to provide a circulation system that accommodates expected traffic on the site,with street-like features such as sidewalks,accessible curb ramps, trees and pedestrian scale lighting. • 18.92.090 Pedestrian Access and Circulation. This is a new standard requires projects to design a walkway system through the project that address specific criteria, and sets standards for walkway design and construction. Amendments that apply to the Pedestrian Overlay and Detail Site Review Zone: • Minimum Floor Area Ratio. The previous standard listed a minimum .35 FAR and maximum .5 FAR. The new standard sets a.5 minimum FAR and no maximum. In addition, an allowance is added for a shadow plan to phase in the FAR requirement for projects including existing buildings or greater than'/2 acre. • Building Setback from Sidewalk. The previous standard required a building setback or no more than 20 feet from a public sidewalk unless the area is used for pedestrian activities. The new standard requires a building setback of no more than 5 feet from a public sidewalk, unless the area is used for pedestrian activities or for a required public utility easement. • Landscape Buffer. The previous standard required a 10-foot wide buffer between buildings and the street, except in the Historic Districts. The new standard requires a 10-foot wide buffer except in the Historic District and Detail Site Review Zone. Amendments that only apply to the Pedestrian Overlay: • Section 18.56.040 Special Permitted Uses. This is a new standard that allows commercial uses up to 2,500 sq.ft. in residential zones in the Pedestrian Overlay if minimum housing density requirements are met. • Section 18.56.040 Solar Setback. The previous standard requires new buildings and additions to meet the solar access setback which limits the height of the shadow cast by the building and therefore limits the height of the building. The new standard states solar access setbacks only apply to new buildings and additions which have residential zones to the north. • Section 18.56.040 Plazas and Landscaping Ratio. This is a new standard that states outdoor seating areas, plazas and other useable paved surfaces may count for up to 50%of the required landscape area. Questions for Staff Ms. Harris briefly reviewed the questions submitted by Commissioner Miller and provided clarification to her inquiries regarding parking lot requirements,solar access setbacks, and arterial setbacks. Commissioner Dawkins requested they have a separate discussions for each arterial street. He also raised concern with the circulation requirements and questioned whether they should require sidewalks and wider streets in all new developments. Commissioner Mindlin agreed with Dawkins and recommended they look at what sections of the arterials have a 20 ft setback and which ones have another definition that applies. Commissioner Miller expressed concern with no maximum FAR. Mr. Molnar clarified landscaping, height and parking requirements still apply, and these standards will ultimately prohibit buildings and developments from getting too large. Comment was made expressing concern with changing the minimum FAR to.5 in the Detail Site Review Zone. Public Testimony Zach BrombacherlRequested clarification on whether his property is within the Pedestrian Places zone. Mr. Molnar informed Mr. Brombacher that his property is not within the Pedestrian Places Overlay; however the frontage of the property is still within the Detail Site Review Zone. Ashland Planning Commission January 24. 2012 Page 3 of 4 DeliberationslDecision Commissioner Marsh requested the commissioners list which items they want to discuss further.Alternative Vehicle Parking, Addressing Surface Parking Impacts, Circulation Requirements, Solar Access Setbacks, and Arterial Setbacks were listed for further discussion. Alternative Vehicle Parking It was questioned whether smart cars or golf carts were considered for the alternative parking standards. Ms. Hams stated the standard applies to motorcycle, scooter and bicycle parking,and further research would need to be done to figure out a standard for alternative vehicles. She added the ordinance is a living document and as technology and use of these types of vehicles improves, they can revisit this provision. Addressing Impacts of Surface Parking Ms. Hams clarified this standard applies to parking areas of more than seven spaces. Comment was made expressing concern with the standard that states at least 50%shade from the tree canopy over the parking area shall be provided within five years of project occupancy. Ms. Hams stated this particular standard is one of four options applicants can choose. She added this standard was taken from LEED and could be something staff tracks to ensure 50%coverage in five years is feasible. Circulation Requirements Commissioner Dawkins recommended at some point the Commission hold a discussion about whether to impose sidewalk requirements on all new developments. Recommendation was made for this to be discussed during the Commission's annual retreat. Commissioner Mindlin voiced her concerns to this standard.She stated these circulation requirements previously only applied to large scale developments and questioned whether they should be imposing this level of construction for modest developments. Staff clarified this language was taken from the State's model code for small communities and believes the language does provide flexibility for smaller parking areas. Commissioner Mindlin stated she is reading this language differently and restated her concerns. Ms. Harris stated this language was intended to address the issue of not being able to get to and through the site if you are not in a vehicle. Comment was made that we are moving towards a more multi-modal environment and expressing support for requirements that provide pedestrian access through developments. Suggestion was made for staff to provide examples of how this standard would impact smaller developments. Solar Access Setbacks Comment was made expressing concern that buildings will be placed too close together and solar access will not be possible. Staff clarified this standard only applies in the Pedestrian Place Overlay and will not be an issue for properties who have a street to the north. Arterial Setbacks Commissioner Dawkins stated this topic has been on the Commission's to-do list for some time now and recommended this standard be addressed specifically for each arterial. Commissioner Mindlin stated her main concern with applying this standard across the board is a lack of understanding about what they are actually doing. Mr. Molnar clarified the Commission does not have to rush this back to the Council and the Commission could hold additional discussions about the arterials. Commissioner Marsh stated the arterial setbacks and the circulation requirement standards would come back before the Commission for further discussion. She asked with the exception of these two items, is the group supportive of the remaining changes implemented through the Pedestrian Places ordinance packet?By show of hands,the group agreed to endorse the remaining items. Commissioner Marsh announced the public hearing on the Pedestrian Places ordinance amendments will be continued to the February 14, 2012 Planning Commission meeting. ADJOURNMENT Meeting adjourned at 9:35 p.m. Respectfully submitted, April Lucas,Administrative Supervisor Ashland Planning Commission January 24. 2012 Page 4 of 4 CITY OF -ASHLAND Council Communication Approval of an Intergovernmental Agreement to Acquire Aerial Photos Meeting Date: February 21, 2012 Primary Staff Contact: Mike Faught Department: Public Works/GIS E-Mail: Mike.faught @ashland.or.us Secondary Dept.: Community D pment Secondary Contact: Jason Wegner Approval: La Estimated Time: Consent Question: Will the Council, acting as the Local Contract Review Board, approve an Intergovernmental Agreement to join the consortium with the State of Oregon, Department of Administrative Services, GEO to acquire aerial photos? Staff Recommendation: Staff recommends joining the consortium with the State of Oregon, Department of Administrative Services, GEO to acquire aerial photos from Pictometry under a GSA contract. Background: The Federal General Services Administration (GSA), Schedule 70, Information Technology Contract No. GS-35F-0801 N with Pictomety is available to state and local governments. The State of Oregon, Department of Administrative Services, GEO is under contract with Pictometry (GSA Contract No. GS-35F-0801 N) and has created a consortium for state agencies and local governments to join. Staff recommends joining this consortium with the State of Oregon under the GSA contract with Pictometry to acquire aerial photos of the City of Ashland and surrounding area. Public Works/GIS has budgeted $75,000 in the CIP to acquire color digital orthophotography of the City and watershed area. The last aerial update for the City occurred in 1998, and at the time was performed in a non-digital environment in black and white. The color digital orthophotography will be used by the City for the mapping and maintenance of its infrastructure. Additionally, ground features such as buildings, edge of pavement, and sidewalks, among others, will be updated digitally. Commercial services such as Google maps are not appropriate for the scale and accuracy needed in order to map infrastructure content. This project will benefit not just City staff, but also the citizens of Ashland and the contracting community. Staff recommends joining the consortium to partner with the State of Oregon to acquire these aerial photos. The initial quote for the specified photos is $67,451.00, and when complete will not exceed the budgeted amount of$75,000.00. Related City Policies: ORS 279A.180 Purchases through Federal programs.Notwithstanding any other provision of the Public Contracting Code, a procurement may be made without competitive sealed bidding, competitive sealed proposals or other competition required under ORS 279B.050 to 279B.085 provided that: (1) The procurement is made in accordance with rules adopted by the contracting agency for procurements under this section; and (2) The procurement is made under 10 U.S.C. 381, the Electronic Government Act of 2002 (P.L. 107-347) or other federal law that is, as determined by the Director of the Oregon Department of Administrative Services or a local contract review board, similar to 10 U.S.C. 381 or section 211 of the Page 1 of 2 CITY OF -ASHLAND Electronic Government Act of 2002 in effectuating or promoting transfers of property to contracting agencies. [2003 c.794 §22] AMC Section 2.50.090 Exemptions from Formal Competitive Selection Procedures All Public Contracts shall be based upon Competitive Sealed Bidding (Invitation to Bid) or Competitive Sealed Proposals (Request for Proposal) pursuant to ORS 279A — 279C and the Model Rules except for the following: I. The following classes of contracts are hereby specifically exempted from the Oregon Public Contracting Code and Model Rules pursuant to ORS 279A.025(t): I. Contracts for the purchase of materials where competitive bids for the same materials have been obtained by other public agencies or the federal government whose processes for bid and award are substantially equivalent to those, set forth herein, and the contract is to be awarded to the party to whom the original contract was awarded as long as no material change is made to the terms, conditions, or prices of the original contract. Council Options: The Council, acting as the Local Contract Review Board, may approve or decline Intergovernmental Agreement to acquire aerial photos. Potential Motions: • The Council, acting as the Local Contract Review Board, moves to approve the Intergovernmental Agreement. • Council, acting as the Local Contract Review Board, moves to decline the Intergovernmental Agreement. Attachments: 1. DAS Contract No. 53035, State of Oregon, Addendum to Pictomety International Corp Authorized Federal Supply Services Information Technology Schedule Price List, Contract No. GS-35F- 0801N 2. Intergovernmental Agreement (Subject to the approval of the City's Legal Department) Page 2 of 2 �r, i ! State of Oregon Addendum to Pictometry International Corp Authorized Federal Supply Services Information Technology Schedule Price List,Contract No.GS-35F-0801N Pictometry GSA Task Order Form and Pictometry Government Web Services Order Form And all other transactional documents This Addendum("Addendum")is attached to and made a part of the Pictometry International Corp("Pictometry") Authorized Federal Supply Services Information Technology Schedule Price List,Contract No.GS-35F-0801N and the Pictometry GSA Task Order Form,Pictometry Government Web Services Order Form,and all other transactional documents between Pictometry and the State of Oregon,acting by and through the Department of Administrative Services("Agency")dated March,2011 (collectively"Contract"). This Addendum amends and supersedes any provision to the contrary in the Contract and is effective as of the date of the Contract. This Addendum and Contract,together with any exhibits,constitute the entire agreement(collectively"Agreement") between the parties and merges all prior and contemporaneous communications with respect to the matters described in this Agreement. i Notwithstanding any language in the Contract to the contrary,Pictometry and Agency agree as follows: I 1. Confidenliali[v. a. Agency's obligation to maintain the confidentiality of Pictometry's proprietary information provided to Agency i under the Contract is conditioned by and subject to Agency's obligations under the Oregon Public Records Law, ORS 192.410 to 192.505,which may require disclosure of proprietary information as a"public record"unless exempt under ORS 192.501 or ORS 192.502. b. Pictometry acknowledges that in the course of performing its responsibilities under this Agreement,Pictometry and its employees or agents maybe exposed to or acquire information that is confidential to Agency or Agency's f clients.Any information Pictometry or its employees or agents receive or acquire relating to Agency or Agency's clients in the performance of this Agreement is deemed to be confidential information of Agency("Confidential Information"),with the exception of: j (i) information that becomes part of the public domain through lawful means and without breach of any j confidentiality obligation byPictometry, (ii) information subsequently and rightfully received from third parties who have the necessary rights to i transfer the information without any obligation of confidentiality; i (iii) information that was known to Pictometry prior to the effective date of the Contract without obligation of confidentiality; i (iv) information that is independently developed by Pictometry and documented in writing without use of, ! or reference to,any confidential information of Agency;and (v) information required to be disclosed by compulsory judicial or administrative processor bylaw or r regulation. i If Pictometry is required to disclose confidential information under clause(v),Pictometry shall first give Agency notice and shall provide such information as may reasonably be necessary to enable Agency to take action to protect f its interests. s tt c. Pictometry shall comply with the Oregon Consumer Identity Theft Protection Act,ORS 646A.600 through 606A.628,to the extent applicable to this Agreement. 2. Indemnification. a. To the extent Agency is required under the Agreement to indemnify or hold Pictometry harmless against claims brought by third parties against Pictometry,Agency's obligation to indemnify is subject to the limitations of Article l XI,section 7 of the Oregon Constitution and the Oregon Tort Claims Act,ORS 30.260 through 30.300. E b. Pictometry shall indemnify and hold Agency,the State of Oregon,and their agents,officials and employees harmless from all claims,demands,suits,actions,proceedings,losses,liabilities,damages,awards and costs,up to ! the total monies paid to Pictometry by the Agency(including reasonable attorneys' fees and expenses at trial,on j appeal and in connection with any petition for review),which may be brought or made against Agency,the State of If Page 1 of 6:Rider DAS Contract No.53035 i i Oregon,or their agents,officials or employees and arising out of or related to any of the following(each,an "indemnifiable loss"): (i) any personal injury,death or property damage caused by any negligent act,omission,error,fault, mistake or negligence of Pictometry,its employees,agents,or representatives in connection with or 1 incident to Pictometry's performance under or related to the Agreement; (ii) any act or omission by Pictometry that constitutes a material breach of the Agreement, including any breach of warranty;or (iii)the infringement of any patent,copyright,trademark, trade secret or other proprietary right of any third party by Pictometry's delivery or Agency's use of the license provided under the Agreement. c. Agency shall promptly notify Pictometry in writing of any action,claim or demand of which Agency becomes aware and which Agency reasonably expects to result in an indemnifiable loss. Pictometry's obligation under this section does not extend to any indemnifiable loss to the extent caused by: (i) the negligence or willful misconduct of Agency,the State of Oregon,or their agents,officials or employees;or (it) Agency's Modification of Pictometry's software without Pictometry's approval and in a manner inconsistent with the purpose or proper usage of the license as evidenced by the terms of the Agreement. 3. Defense of Claims.To the extent Pictometry is required under this Agreement to defend Agency against claims .asserted by third parties,Agency shall reasonably cooperate in good faith,at Pictometry's reasonable expense, in the defense of the claim and Pictometry shall select counsel reasonably acceptable to the Oregon Attorney General to defend the claim and shall bear all costs of counsel. The Oregon Attorney General's acceptance of counsel may not be unreasonably withheld,conditioned or delayed. Counsel must accept appointment as a Special Assistant Attorney General under ORS Chapter 180 before counsel may act in the name of,or represent the interests of,the State of Oregon,Agency,its officers,employees or agents. Agency may elect to assume its own defense with an attorney of its own choice and its own expense at any time Agency determines important governmental interests are at stake. Agency shall promptly provide notice to Pictometry of any claim that may result in an obligation on the part of Pictometry to defend. Subject to these limitations,Pictometry may defend a claim with counsel of its own choosing,on the condition that no settlement or compromise of any claim may occur without the consent of Agency, which consent must not be unreasonably withheld,conditioned or delayed. 4. Governinp Law;Jurisdiction:Venue. This Agreement is governed by the laws of the State of Oregon,without giving effect to its conflict of law principles,and applicable federal law.Any action or suit brought by the parties relating to this Agreement must be brought and conducted exclusively in the Circuit Court of Marion County for the State of Oregon in Salem,Oregon,unless the claim must be brought in a federal forum,in which case it must be brought and adjudicated exclusively within the United States District Court for the District of Oregon. Pictometry hereby consents to the personal jurisdiction of these courts,waives any objection to venue in these courts,and waives any claim that either of these courts is an inconvenient forum Neither this section or any other term of this Agreement is a waiver by the State of Oregon of any form of defense or immunity, whether it is sovereign immunity,governmental immunity,immunity based on the Eleventh Amendment to the Constitution of the United States,or otherwise,from any Claim or from the jurisdiction of any court. 5. Attorney Fees. Neither party to this Agreement is entitled to obtain judgment from the other party for attorney fees it has incurred in any litigation between the parties or in defense of any claim asserted by a third party. . 6. Dispute Resolution. Any dispute between the parties that is not resolved through informal discussions may be submitted to mediation upon the consent of both parties. If informal discussions or mediation are unsuccessful, either party may initiate litigation to resolve the dispute. The parties specifically disclaim any right to arbitration of disputes. 7. Termination for Lack of Fundine. Nothing in this Agreement may be construed to permit any violation of Article X1,Section 7 of the Oregon Constitution or any other law regulating liabilities or monetary obligations of the State of Oregon. Agency's payment for services performed or license fees due after the last day of the current biennium is contingent upon Agency receiving funding,appropriations,limitations,allotments or other expenditure authority - - - from the Oregon Legislative Assembly(including its Emergency Board)sufficient to allow Agency,in the exercise of its reasonable administrative discretion,to continue to compensate Pictometry. Agency may immediately Page 2 of 6: Rider - i terminate this Agreement upon written notice if Agency fails to receive funding,appropriations, limitations, allotments,or other expenditure authority as contemplated by Agency's budget or spending plan and Agency determines,in its assessment and ranking of the policy objectives explicit or implicit in its budget or spending plan, that it is necessary to terminate this Agreement. Upon such termination,and if total payment has not been paid in full to Pictometry by the Agency,Agency shall immediately cease use of all Licensed Products,purge all Licensed Products from its computers and return Licensed Products to Pictometry. 8. Records Maintenance Access. Pictometry shall maintain all financial records relating to the subject matter of this Agreement in accordance with Generally Accepted Accounting Principles("GAAP'). Pictometry shall also maintain any other records pertinent to this Agreement in such a manner as to document clearly Pictometry's performance of its duties under this Agreement. Pictometry shall retain and keep accessible all financial records, - books,documents,papers,plans,and writings for a minimum of six(6)years,or such longer period as may be required under applicable law,following final payment and termination of this Agreement,or until the conclusion of any audit,controversy,or litigation arising out of or related to this Agreement,whichever date is later. Pictomety j shall permit Agency and its duly authorized representatives access to records related to this Agreement when requested. 9. Independent Contractor.-Pictometry shall act at all times as an independent contractor and not as an agent or j employee of Agency. Pictometry has no right or authority to incur or create any obligation for or legally bind Agency in any way. Although Agency reserves the right to evaluate the quality of Pictometry's completed performance, Agency cannot and will not control the means or manner by which Pictometry performs its obligations under this Agreement,except to the extent the means and manner in which these obligations are to be performed is ' specifically set forth in this Agreement. Pictometry shall determine the appropriate means and manner of perforating its obligations. Pictometry is not an'officer," "employee"or"agent" of Agency or any other agency, office,or department of the State of Oregon,as those terms are used in ORS 30.265,and Pictometry shall make no representations to third parties to the contrary. Neither party shall make any statements,representations,or commitments of any kind or to take any action binding on the other except as provided for in this Agreement or authorized in writing by the party to be bound. 10. Incorporation of Oregon Statutes. Agency's performance is subject to Pictometry's compliance with the provisions of ORS 279B.220,27913.230 and 279B.235 which are incorporated into this Agreement by reference. 11. Counterparts. This Addendum may be executed in two or more counterparts,by facsimile or otherwise,each of which is an original,and all of which together constitute one and the same instrument,notwithstanding that all 1 parties are not signatories to the same counterpart. 12. Tax Compliance Certificate. By executing this Addendum,the undersigned certifies under penalty of perjury that he or she is authorized to act on behalf of Pictometry and that,to the best of the undersigned's knowledge, 1. Pictometry is not in violation of any Oregon Tax Laws. For purposes of this certification,"Oregon Tax Laws" means a state tax imposed by ORS 320.005 to 320.150 and 403.200 to 403.250 and ORS chapters 118,314,316, 317,318,321 and 323 and the elderly rental assistance program under ORS 310.630 to 310.706 and local taxes administered by the Department of Revenue under ORS 305.620. t 13. Taxes and Payments. Agency is not responsible for taxes assessed upon Pictometry's gross income. Agency's obligation to pay late charges is subject to ORS 293.462. 14. Insurance. The insurance requirements stated in Exhibit A are incorporated in this Agreement. 15. Subcontracts. Contractor shall not enter into any subcontracts for any of the Services required by this Agreement without Agency's prior written consent. In addition to any other provisions Agency may require, i Contractor shall include in any permitted subcontract under this Agreement provisions to ensure that Agency will receive the benefit of subcontractor's performance as if the subcontractor were the Contractor with respect to this Agreement. Agency's consent to any subcontract shall not relieve Contractor of any of its duties or obligations under this Agreement. Page 3 of 6:Rider i 16. Registered Professional Photogrammetrists(RPP). Contractor shall understand and comply with all Oregon Statutes(ORS)and Administrative Rules(OAR)for Registered Professional Photogrammetrists. Contractor shall employ or hire the services of an RPP registered with the Oregon State Board of Examiners for Engineering and Land Survey(OSBEELS)to provide photogranmretry Services including,but not limited to,the following types of Services: a. Establishing quality controls for the Services rendered. b. Reviewing calculations. c. Making changes to documents. d. Providing oversight,inspection,observation and direction regarding the work and Services being performed. e. Maintaining readily accessible contact with the person(s)providing the Services or performing the work by direct proximity or by frequent communication via one of the following methods: i j i. In person,oral communication; j ii. Electronic mail; iii. Telephone;and iv. Other similar communications that are immediate and responsive. f. Providing adequate training for persons rendering Services and working on projects under the license. .. g. Applying the licensee's seal and signature to document(s)as required. Witness the parties hands: PIC TRY INTERNATIONALCORP AGENCY: State of Oregon,acting through the Department of Administrative SerNices By: S L Title: �—Qp oK- —ityw,,r� Title: �� Approved by: STATE OF OREGON, DEPARTMENT pp ADMINISTRATIVE SERVICE% OPERATIONS DIVISION CON ON . . - OPS UTNORIZED SIGN URE 3/2.y/11 Page 4 of 6:Rider i Exhibit A Insurance Requirements A. REQUIRED INSURANCE.Contractor shall obtain at Contractor's expense the insurance specified in this Exhibit A prior to performing under this Agreement and shall maintain it in full force and at its own expense throughout the duration of this Agreement and all warranty periods. Contractor shall obtain the following insurance from insurance companies or entities that are authorized to transact the business of insurance and issue coverage in State and that are acceptable to Agency. i.WORKERS COMPENSATION.All employers,including Contractor,that employ subject workers,as defined in ORS 656.027,shall comply with ORS 656.017 and shall provide workers'compensation insurance coverage for those workers,unless they meet the requirement for an exemption under ORS 656.126(2). Contractor shall require and ensure that each of its subcontractors complies with these requirements. ii.PROFESSIONAL LIABILITY ®Required by Agency ❑ Not required by Agency. ®Professional Liability.Professional Liability Insurance covering any damages caused by an error,omission or any negligent acts related to the services to be provided under this Agreement. Contractor shall provide proof of insurance of not less than the following amounts as determined by the Agency: N Per occurrence limit for any single claimant: July 1,2010 to June 30,2011: $1,600,000. July 1,2011 to June 30,2012: $1,700,000. July 1,2012 to June 30,2013: $1,800,000. July 1,2013 to June 30,2014: $1,900,000. July 1,2014 to June 30,2015: $2,000,000. July 1,2015 and thereafter the adjusted limitation as determined by the State Court Administrator pursuant to Oregon Laws 2009,chapter 67,sections 3 and 5(Senate Bill 311). Per occurrence limit for multiple claimants: July 1,2010 to June 30,2011: $3,200,000. July 1,2011 to June 30,2012: $3,400,000. July 1,2012 to June 30,2013: $3,600,000. July 1,2013 to June 30,2014: $3,800,000. July 1,2014 to June 30,2015: $4,000,000. July 1,2015 and thereafter the adjusted limitation as determined by the State Court Administrator pursuant to Oregon Laws 2009,chapter 67,sections 3 and 5(Senate Bill 311). .iii. COMMERCIAL GENERAL LIABILITY. ❑Required by Agency N Not required by Agency. ❑Commercial General liability.Commercial General Liability Insurance covering bodily injury, death,and property damage in a form and with coverages that are satisfactory to the State.This insurance shall include personal injury liability,products,and completed operations.Coverage shall be written on an occurrence basis.Contractor shall provide proof of insurance of not less than the following amounts as determined by the Agency: iv.AUTOMOBILE LIABILITY INSURANCE. Page 5 of 6:Rider i Z Required by Agency ❑ Not required by Agency. Automobile Liability.Automobile Liability Insurance covering all owned,non-owned,or hired vehicles. This coverage may be written in combination with the Commercial General Liability Insurance(with separate limits for"Commercial General Liability'and"Automobile Liability"). Contractor shall provide proof of insurance of not less than the following amounts as determined by the Agency: BodilyInjury/Death: I ® $500,000.Per occurrence limit for any single claimant:and ® $500,000.Per occurrence limit for multiple claimants AND Property Damage: ® $500,000.Per occurrence limit for any single claimant and I ® $500,000.Per occurrence limit for multiple claimants v. AIRCRAFT'LIABILITY INSURANCE. I ®Required by Agency ❑ Not required by Agency. Aircraft Liability.Aircraft Liability Insurance covering all owned,non-owned and hired aircraft. Contractor shall provide proof of insurance of not less than the following amounts as determined by the Agency: ® Per occurrence limit for any single claimant: July 1,2010 to June 30,2011: $1,600,000. j July 1,2011 to June 30,2012: - $1,700,000. July 1,2012 to June 30,2013: $1,800,000. . July 1,2013 to June 30,2014: $1,900,000. July 1,2014 to June 30,2015: $2,000,000. July I,2015 and thereafter the adjusted limitation as determined by the State Court Administrator pursuant to Oregon Laws 2009,chapter 67,sections 3 and 5(Senate Bill 311). Per occurrence limit for multiple claimants: July 1,2010 to June 30,2011: $3,200,000. July 1,2011 to June 30,2012: $3,400,000. f July 1,2012 to June 30,2013: $3,600,000. I July 1,2013 to June 30,2014: $3,800,000. I July 1,2014 to June 30,2015: $4,000,000. I July 1,2015 and thereafter the adjusted limitation as determined by the State Court Administrator pursuant to Oregon Laws 2009,chapter 67,sections 3 and 5(Senate Bill 311). EE I Page 6 of 6:Rider i i I ✓ CERTIFICATE OF LIABILITY INSURANCE 31"2213G1m THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: H the cortlficate holder Is an ADDITIONAL INSURED,the PoRcy(Ies)must be endorsed. H SUBROGATION IS WAIVED,subject to the terms and conditions of the Policy,certain Policies may require an endorsement A statement on this certificate does not corder rights to the j cerUBcate holder In lieu of such endorsement(s). PRODUCER Paris-Kirwan Associates, Inc. PHp 1 AX 040 University Avenue - - No: - Rochester NY 14607- =EL kathle ari -kirwan.coin PICTINT-01 NSURrn AFfORDDG COVERAGE "co INSLIRED icto etry International Corp. NURRA:PjoeniX Inourance Company 25623 100 Tow Centre Drive MU;uzRa:Travelers Property Casualty Co of A 25674 Rochester NY 14623 MUMRC:Charter Oak Fire Insurance Company 25615 INSURERD:AXia SUrnJUS Insurance Comparry INSURER E: INSUIa:A F: i COVERAGES CERTIFICATE NUMBER:1703141887 REVISION NUMBER: ' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LLTR TR TYPE OF INSURANCE POLICY NUMBER EfF E%P UNITS B GENEAALLNASIUFY 630-8542R488 10/3/2010 10/3/2011 EACH OCCURRENCE §1,000,000 X COMMERCULGENERALUAINUTY O §1,000,000 CWMSrMOE X OCCUR 8ED E1(P pC $10.00D PERSONAL a ADV KARY §1,000,000 I GENERAL AGGREGATE §2,000,000 GEN%AGGREGATE UMn APPLIES PER PRODUCTS §2.000,000 POLICY PRP LM S f A AUMUOSILELIAaRnY BA-05632595 10/3/201D 10/3/2011 COIMINEDSINGLEUNIT 81,000,000 ' ANY AUTO X ALL OWNED AUTOS BOOILYIWVRY IPerpNFOOI 8 SCHEDULEDAL BODILYINIURY(PbwdderA) 8. HIRED AUTOS EP. 8 NON-0NME0 AVT08 § e X UMBRELLA l/AB X § OCCUR NP-H543R{88 10/3/2010 10/3/2011 EACH OCCURRENCE §10,000,000 EXCESS LIAB CLAIMS4IADE t AGGREGATE §10,0001000 d X DEDUCTMIX s I REIFNnnN $10,000 ' s I C �¢YPLO SAnow IM-84SIR915 ]013/2010 10/3/2011 r MWSTATII ANY PROPRIE7dUPARTNEIVE)&DNNE Y/N ORIC@ISy In RORLIDEDT NIA EL EACH ACGOFNT $1,000,000 (LiytaD�4Fwryh NHi PI DISEASE-PA E§@Lp §1,000,000 OF.SCRIPffJN=OPERATIONS E.L.DMEASE-POLICY LINIT 81 GOO,UUO ffC1-tifi,,te ability G2413334] 001 T 5/)/2011 cmmenm lielt §5,00D,000 85,000,000 der is listed as an additional insured CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESC R03ED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF.NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. State of Oregon Dept. of Administrative Services 155.Cottage St. NE AUIHDPogDREPREBBITAl1VE Salem OR 97301 e ' '�I.MNrA4 ®1988-2008 ACORD CORPORATION. All rights reserved. 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ROW aratuaea aror. :u flea sahaolO d pemr gr=-ow.diftr ,fie 40 *400 -kOv cR?145�91a�, �I 71tff stfisdriletd IreraQns ar ire iesd snfanaii Insscera ctEarerag :6E ! r�(e£ta[fRffireti4rJS9�f fttb .6hlssrrwsd'; Txs bri6tfu7ed pevyFii3513f`6 �a1ffitRS tu�ICi I �.' fIYYA91 Itrseu�d buf fAl � i Q901 . el Cf6H6 Of Aft _ Niat� A litsgrad:; IQ iN.ukme�i?rp.6x���ju'��si4yn ks�]xeo.�s-�{g�pa�}o!{�n���q�pr!' j��1��ry�fld upC�mtr�.e-da�s,�,� p�t� i3 t YY�ZZ�3S YY��I�-,E'��lR'L'S• �[ar# 1�, � '�:� 1iEl��'... i I 8elisr��i _ [,1aY[ia �A``CAF;ORE6Ei�l?��t?id:©F'' NUNIS'�kA�§lff�ill!l'(.R.lr A'�'Qre�s f55 CDFiS'4$&:�SfiRIE ? etSSldr1 ISe7 t ,. a w- i STATE OF OREGON Schedule A iCto mA � DATE QUOTE# BILL TO SHIP TO State of Oregon DASIEISPD CUSTOMER Geospadal Enterprise Office DEPARTMENT Cy Smith CONTACT NAME 955 Center Street NE ADDRESS Room 470 ADDRESS j Salem,OR 97301-4280 SITY STATE ZIP i P.O.Number Customer ID REP SHIP Payment Terms RM Pictometry Net 45 I QUANTITY ITEM CODE DESCRIPTION PRICE/SECTOR AMOUNT I 12-Inch C3 Communi level WAY fLeaf on on $50.50 0.00 124nch CS Cemmunl level b WAY eaten one - $95.50 0.00 8-inch C5 Community-level 4 WAY Leaf an es $255.50 0.00 6-Inch N5 Neighborhood-le 14 WAY Learan A- $382.00 0.00 4-Inch N5 Ne hborhood-level4 WAY Leal an on $412.00 0.00 Delivery Medla Ham drive,copying,handling,and shipping $199.00 0.00 Map Proje dion specify DEM Please specify Interma OEM 5-meter postings $10.00 0.00 Reprocess E>astl Mod' map projection and elevation data $10.001 0.00 Tiles and Area-wide SDOCitV MrSID or ECW $12.00 0.00 { Advanced Training One three day advanced training 2,165 0.00 F 1 Additional Products Please specify 0,00 i Order includes Piclometry standard odhos and obi ue Imagery at the defined GSD. Also Includes oMro sector Tiles and area-wide ortho mosiac in either MrSID or ECW format Order includes site license for Pidom2yy Electronic Feld Study and Piclome 's extension for Esd ArcMa . For Individual county orders over$20K,oft-site training is included. For orders under$20K, web-based training,will be Provided. The Individual Consortium Partner sha0 comply with the contracted Terms and Conditions 1 between the State of Oregon and Rido metry International i i SECTOR MAP ATTACHED I {r i Acceptance of Quote/O r. Sate All Subtotal 0.00 Pr ame Thank you for choosing Pictometry as your service provider.(0541-200a)Order eugect in the a� State of Oregon conboduuel terms and owdb"with Rciameey IMematlorel. Total I 0.00 t SCHEDULE "B" Pictometrp Economic Alliance Partnership j (EAP benefits apply to the initial term of the License Agreement as noted on Schedule A) 1. Benefits A. Imagery—with Pictometry's EAP program the Licensee shall keep its imagery forever,the EFS Software and Image License becomes perpetual at the end of the term of the License Agreement. • Ortho Imagery—With the purchase of Pictometry Oblique Imagery,Licensee receives Ortho i Imagery at no additional charge • Ortho Mosaic Imagery—With the purchase of Pictometry Oblique Imagery,Licensee receives Ortho Mosaics at no additional charge, including an area-wide Mosaic of all imagery captured. j I B. Disaster Coverage at No Additional Charge—Pictometry's proven background in rapid response image capture,processing,and delivery is unmatched.Cities,Counties and States can benefit from Pictometry's expertise. Pictometry will image up to 200 sq mi of affected areas of Federally Declared Disasters caused by Hurricanes(category 2 and above),populated areas affected by fires,terrorist attacks,Tsunami and Earthquakes at no charge. Affected areas are determined by Pictometry and Pictometry will work with county and state governmental licensees and request their additional input regarding their needs. Note: There is no wait for a Federal Declaration under the following circumstances: •Hurricane Coverage at No Cost—Pictometry will capture and quickly deliver imagery of affected areas of Category n hurricanes and above to your city,county or state at no additional expense. Coverage for hurricanes below this category may be arranged at reduced EAP rates. •Tornado Coverage at No Cost—Pictometry will capture and quickly deliver imagery of areas impacted by Tornados with ratings of EF4 and above to your city,county or state at no additional cost. _ Coverage,for tornados below EF4,may be arranged at reduced EAP rates. •Terrorist Coverage at No Cost—Pictometry will capture and quickly deliver imagery of damage due to terrorist attack for up to 200 square miles at no additional cost. Software—Use of Pictometry Change AnalysisTM or Web Deployment of Disaster Imagery— Pictometry's Rapid Response Program includes the use of our ready-to-use,unique Change Analysis software for ninety days. The powerful Change Analysis software simultaneously compares pre and post disaster images to make recovery and restoration efforts more effective and efficient. Pictometry Web Deployment of disaster imagery may also be available at no charge for ninety days. C. Enterprise-wide Infrared Software at No Additional Charge—Pictometry will provide Eco-ViewT"t, an easy-to-use Infra-Red Software solution,at no additional charge when you purchase Pictometry's Near Infra- . ` Red imagery. D. Software Installation and Maintenance Costs-During the initial term of the Pictometry License Agreement,Pictometry shall provide Licensed Software to Licensee with no charge for upgrades,maintenance or support under License's EAP. At the end of the term of the Software License Agreement,the license for software and imagery becomes perpetual. Support for the Perpetual Licensed Software may be continued at no charge with the signing of a License Agreement with EAP Program for another Image Library. E. Marketing—Pictometry will market your GIS Layer data to Pictometry's many business partners only upon your written request. Revenue derived from this sale shall be split 50/50 between Licensee and Pictometry. Pictometry initial Licensee.initial:V 05012009 SCHEDULE "C" Digital Imagery Specifications Dimensions and Resolution: j All values are approximates based on target height-over-ground. The actual values vary due to elevation changes. Individual Images: Premier Community Images C5 Oblique(Nominal 12 Inch) Footprint: - - Front Line: 3,700 feet(1128 meters) Back Line: 5,100 feet(1554 meters) Front to Back, 4,600 feet(1402 meters) Ground Sample Distance: Front Line: 0.9 feet/pixel(0.27 meters/pixel) Middle Line: 1.1 feet/pixel(0.34 meters/pixel) I Back Line: 1.3 feet/pixel(0.40 meters/pixel) > C5 Orthogonal(Nominal 12 Inch) Footprint: 3,600 x 2,400 feet(1097 x 731 meters) I Ground Sample Distance: 0.9 feet/pixel(0.27 meters/pixel) Premier Community Images l C3 Oblique(Nominal 12 Inch) Footprint: Front Line: 3,100 feet(975 meters) Back Line: 6,300 feet(1524 meters) j Front to Back 6,100 feet(1311 meters) Ground Sample Distance: _. .. .: Front Line: 1.0 feet/pixel(0.24 meters/pixel) Middle Line: 1.3 feet/pixel(0.30 meters/pixel) G Back Line: 2.0 feet/pixel(0.38 meters/pixel) i C3 Orthogonal(Nominal 12 Inch) Footprint: 4,000 x 2,700 feet(1219 x 823 meters) Ground Sample Distance: LO feet/pixel(0.31 meters/pixel) Elite Community Images Oblique(Nominal 8 Inch) Footprint. Front Line: 3,000 feet(915 meters) Back Line: 6,000 feet(1830 meters) Front to Back: 4,700 feet(1,433 meters) I( Ground Sample Distance: Front Line: 0.8 feet/pixel(0.24 meters/pixel) - Middle Line: 1.0 feet/pixel(0.30 meters/pixel) Back Line: 1.5 feet/pixel(0.46 meters/pixel) Orthogonal(Nominal 8 Inch) Footprint: 2,600 x 1,700 feet (793 x 518 meters) Ground Sample Distance: 0.6 feet/pixel(0.18 meters/pixel) - !E E CONFIDENTIAL Licensee Initial Page 1 of 5 050120096 . Not for distribution to third parties ( I i Premier Neighborhood Images Oblique(Nominal 6 Inch) Footprint: Front Line: 2,500 feet(762 meters) Back Line: 4000 feet(1220 meters) Front to Back: 3400 feet(1037 meters) Ground Sample Distance: Front Line: 0.6 feet/pixel(0.18 meters/pixel) j Middle Line: 0.8 feet/pixel(0.24 meters/pixel) j Back Line: 1.0 feet/pixel(0.30 meters/pixel) _ Orthoeonal(Nominal 6 Inch) Footprint: 2,000 x 1,330 feet(610 x 405 meters) j Ground Sample Distance: 0.5 feet/pixel(0.15 meters/pixel) Elite Neighborhood Images j Oblique(Nominal 4Inch) Footprint: Front Line: 1,400 feet(427 meters) j Back Line: 2,000 feet(6 10 meters) Front to Back 1,800 feet(549 meters) Ground Sample Distance: Front Line: 0.35 feet/pixel(0.11 meters/pixel) Middle Line: 0.41 feet/pixel(0.12 meters/pixel) Back Line: 0.49feet/pixel(0.15 meters/pixel) Ortho (Nominal 4Inch) Footprint: 1,385 x 923 feet(422 x 281 meters) Ground Sample Distance: 0.35 feet/pixel(0.11 meters/pixel) Sector Tiles: One-Meter Sector Tiles Footprint: 5,280 x 5,280 feet(1,609 x 1,609 meters) .Pixel Size: 3.28 feet/pixel (1.0 meters/pixel) Source Imagery: Community Orthogonal(12 and 9 inch)and/or Neighborhood Orthogonal(Premier and Standard) Radiometry: Not radiometrically balanced,may have observable cut lines and could consist of imagery taken over a period of several days. File Size(Approx.): 8,000 KB(JPG format) One-Foot Sector Tiles Footprint: 2,640 x 2,640 feet(805 x 805 meters) Pixel Size: 1.0 feet/pixel (0.3048 meters/pixel) Source Imagery: Community Orthogonal(12 and 9 inch)and/or Neighborhood Orthogonal(Premier and Standard) Radiometry: Not radiometrically balanced,may have observable cut lines and could consist of imagery taken over a period of several days. File Size(Approx): 20,900 KB(JPG format) Six-Inch Ouarter Sector Tiles Footprint: 2,640 x 2,640 feet(805 x 805 meters) Pixel Size: 0.5 feet/pixel (0.1524 meters/pixel) Source Imagery: Premier Neighborhood Orthogonal and/or Neighborhood Orthogonal Radiometry: Not radiometrically balanced,may have observable cut lines and could consist of imagery taken over a period of several days. File Size(Approx.): 83,500 KB(JPG fomtat) Pictometry Standard Ortho Mosaic Products Pictometry ortho mosaic products are the result of high definition,full color aerial images and automated mosaicking processes that incorporate digital elevation data to create large-area mosaicked ortho images from the individual Pictometry ortho frames.Pictometry ortho CONFIDENTL4 L Licensee Initial%_ Page 2 of 5 05012009b Not for distribution to third parties i images are captured along with the oblique imagery to create libraries of images that are unequalled in cost-effectiveness,high detail and ease of use. Pictometry builds in quality control,programmatic error correction,and data integrity checks into the planning,capture,and processing of the images.There are a few artifacts of the Pictometry ortho mosaic process that may still be evident with the automated mosaicking process.This i is a summary of the types of artifacts that may be evident in a small portion of the Pictometry ortho mosaic tiles. Examples of mosaic files and the artifacts described below are on the following 9 P 9es. I Disconnects in Non-Elevated Surfaces: These disconnects are generally caused by inaccurate elevation data Disconnects In Elevated Surfaces: (Roadways,Bridges,etc.) Elevated roads,bridges,etc.that are not represented in the elevation data may result in disconnects along mosaic seam lines Building Intersect and Clipping: Similar to elevated roads and bridges,buildings that are not represented in the elevation data may result in disconnects along the structure Seasonal Cutlines: Visible outlines may exist between images taken at different times in a season,or between seasons ! Ground Illumination Cutllnes: Variations in illumination(sunny,high overcast,mominglaftemoon,etc.)between flight days may result in visible outlines Color Variations•Single GSD: Illumination differences and multiple-aircraff/camera capture result In varying color temperature which can appear as visible outlines in a mosaic Color Variations•Mixed GSD: When a customer chooses portions of their area to be flown at different ground sample distances(GSDs), i there will frequently be a noticeable difference(outline)along the seams between the two resolutions Color Variations—Water: When multiple individual frames are used to create a mosaic across a body of water(lakes,ponds,rivers,etc.), i there will likely be noticeable outlines in the water Realons Geographically Misplaced: From time to time,the geopositional data is corrupt or improperly processed and will mis-position the images and result in a defective mosaic.These are inspected for and corrected in Processing Lack of I Edges of Coverage: Along the edges of an area being captured(the border of a county,for example),there may be mosaic tiles created with partial coverage.The missing areas along the edge are filled with Mack.Where coverage in one GSD does not exist but other GSD imagery is available,the second GSD imagery will be used to fill the gap Processing Errors: Software bugs and improperly applied geopositional data is inspected for and corrected before products are delivered to customers Custom Ortho-Mosaics: Pictometry can create custom ortho-mosaics based on the resolution of the imagery captured. If a custom ortho-mosaic is desired,the full specifications will be spelled out in a separate addendum. It is important to note that while the ortho-mosaic can be created at any pixel resolution,up or down,creating an ortho-mosaic with a pixel size smaller than the ground sample distance of the input imagery will not contain any more information than the resolution of the input imagery. In other words,if you create a six-inch ortho-mosaic from one-foot imagery,even though the pixels will be six-inch,the overall image data resolution will still only be one-foot. For this reason,it is important to ensure the base imagery purchased meets or exceeds the resolution requirements of any ortho-mosaics you need. Under-sampling,for instance creating a one-foot ortho-mosaic from six- inch resolution imagery,is not a problem and generally produces very good results. Pictometry also has licensed partners who can create an ortho-mosaic product that can be certified to a particular accuracy. In ! general,ortho-mosaics from Pictometry's neighborhood orthogonal imagery can meet NMAS 1:1200(1.0-meter RMS error at i 95%confidence interval)in relatively flat terrains or areas with good elevation data. For areas with highly variable terrain or ! areas with poor elevation data,this number generally drops to NMAS 1:2400(2.0-meter RMS error at 95%confidence interval). Certified ortho-mosaics can be created from Pictometry's community orthogonal imagery,but only under certain capture parameters. As such,it is important to include any custom ortho-mosaic requirement with the image capture requirements such that the community orthogonal imagery can be captured in a way consistent with certification requirements. General Specifications: Orthoeonal Imaees Sensor Size Pixels:4872 X 3248 in a Landscape orientation.. Image Format Industry-standard image format with proprietary image trailer,including JFIF(JPEG),TIFF,and BMP. Image Quality Images will have an unobstructed view of the ground.In controlled airspace around airports,etc., and in areas of rapid elevation changes,the image footprint sizes and resolutions may vary.There may be varying degrees of ground illumination and color variations due to lighting and cloud shadows. Measurement Accuracy <0.5%measurement error,excluding user pixel selection error CONFIDENTIAL Licensee Initial Page 3 of 5 05012009b Not for distribution to third parties i Pixel Placement Accuracy Pictometry provides a visualization system and therefore does not certify image accuracy. However,some Pictometry customers have done their own certification on the Pictometry data after delivery and have shared their results.On average,customers have been seeing better than j 1.0-meter RMS error at a 95%confidence level(NMAS 1:1200)for orthogonal imagery over relatively flat terrain or in areas with accurate elevation data,and 2.0-meter RMS error at a 95% confidence level(NMAS 1:2400)for more varied terrain or in areas with poor elevation data. However,Pictometry does not guarantee these accuracies and your results may vary. Sensor Orientation Pictometry utilizes an IMU(Inertial Measurement Unit),ground station post-corrected differential GPS,and Kalman filtering to achieve a high degree of positional and directional accuracy. i i Sensor Positional Accuracy mean 15em absolute j Sensor Directional Accuracy 0.015 degrees absolute(roll/pitch) 0.035 degrees absolute(heading) Ortho-Reitifleation The images are ortho-rectified to back out the optical deviations of the capture system and the variations due to elevation changes(utilizing the best DEM data available,including customer provided DIM date),resulting in geographically square pixels aligned to a rectilinear grid. This i grid can be one of any number of coordinate systems,including Latitudeq ongimde,State Plane, UTM,and more. The desired coordinate system should be specified in the contract,or a default coordinate system will be used. Image Export JFIF(JPEG),TIFF,BMP EFS software can be utilized to export the images into any of the above industry-standard formats.The orthogonal images can optionally be re-projected during this export process,and an associated geography file can be created as well for use in importing the images into GIS mapping software. Image Tiling Individual orthogonal images are edge-feathered and mosaiced to produce orthogonal image tiles with tile sizes selected to balance single image coverage as well as manageability of open images. These orthogonal tiles provide continuous coverage across the area of interest. While some color balancing is done,these orthogonal tiles are not fully radiometrically balanced or edge-matched. Oblique Images Sensor Size Pixels:4872 X 3248 in a Landscape orientation. Image Format Industry-standard image format with proprietary image trailer,including JFIF(JPEG),TIFF,and BMP. Image Quality Images will have an unobstructed view of the ground.In controlled airspace around airports,etc., and in areas of rapid elevation changes,the image footprint sizes and resolutions may vary.There may be varying degrees of ground illumination and color variations due to lighting and cloud shadows.Due to the nature of oblique aerial photography,there may also be artifacts such as haze and glint and glare caused by reflected sunlight. Measurement Accuracy <0.75%measurement error,excluding user pixel selection error Pixel Placement Accuracy Pictometry provides a visualization system and therefore does not certify image accuracy. However,some Pictometry customers have done their own certification on the Pictometry data after delivery and have shared their results.On average,customers have been seeing better than 2.0-meter RMS error at a 95%confidence level(NMAS 1:2400)for oblique imagery over relatively flat terrain or in areas with accurate elevation data,and 4.0-meter RMS error at a 95% confidence level(LAMAS 1:4800)for more varied terrain or in areas with poor elevation data. However,Pictometry does not guarantee these accuracies and your results may vary. Sensor Orientation Pictometry utilizes an RvfU(Inertial Measurement Unit),ground station post-corrected differential GPS,and Kalman filtering to achieve a high degree of positional and directional accuracy. CONFIDENTIAL Licensee Initial Page 4 of 5 05012009b Not for distribution to third parties i I ! Sensor Positional Accuracy mean 15cm absolute Sensor Directional Accuracy 0.015 degrees absolute(roll/pitch) 0.035 degrees absolute(heading) j i Image Export JFIF(JPEG),TIFF,BMP EFS software can be utilized to export the images into any of the above industry-standard formats. Notes 1.. The existing National Map Accuracy Standards focus on conventional analog aerial photography products. When used for j digital mapping products,it is necessary to specify the approximate image scale(e.g. 1:1200)when stating NMAS requirements. 2. Pictometry's orthogonal images provide the coordinate accuracy fulfilling most planemetric requirements,however,Pictometry data is not intended for authoritative definitive mapping or surveying replacement If there is a need for authoritative mapping products,additional work is required by licensed individuals in order to certify Pictometry's orthogonal imagery. Alternatively, i a separate,authoritative orthogonal image capture can be done and those orthogonal images used inside of Pictometry. Our oblique images are unique to Pictometry and are intended to provide data not available elsewhere and lateral views with more visual information,such as building stock analysis. In Pictometry the orthogonal and oblique images are linked for your convenience and additional study. With a few clicks you can find the revealing lateral views,height measurements,and other information afforded by the oblique images while using the coordinate accuracy afforded by the orthogonal images. ' k i i I i p�p i 1 I 1 i I CONFIDENTIAL, Licensee Initial Page 5 of 5 050120096 Not for distribution to third parties ! i SCHEDULE C1 I Mosaic Tile i Pictometry Standard Ortho Mosaic Products Pictometry ortho mosaic products are the result of high definition,full color aerial images and automated mosaicking processes that incorporate digital elevation data to create large-area mosaicked ortho images from the individual Pictometry ortho frames.Pictometry ortho images are captured along with the oblique imagery to create libraries of images that are unequalled in cost-effectiveness,high detail and ease of use. Pictometry builds in quality control,programmatic error correction,and data integrity checks into the planning,capture,and processing of the images. There are a few artifacts of the Pictometry ortho mosaic process that may still be evident with the automated mosaicking process.This is a summary of the types of artifacts that may be evident in a small portion of the Pictometry ortho mosaic files. Examples of mosaic tiles and the artifacts described below are on the following pages. I Disconnects in Non-Elevated Surfaces These disconnects are generally caused by inaccurate elevation data Disconnects in Elevated Surfaces(Roadways,Bridges,etc.) Elevated roads,bridges,etc.that are not represented in the elevation data may result in disconnects along mosaic seam lines j Building Intersect and Clipping Similar to elevated roads and bridges,buildings that are not represented in the elevation data may result in disconnects along the structure I Seasonal Cutlines Visible cutlines may exist between images taken at different times in a season,or between seasons Ground Illumination Cutlines Variations in illumination(sunny,high overcast,mominglaftemoon,etc.)between flight days may result in visible cutlines Color Variations-Single GSD Illumination differences and multiple-alrcrafdcamem capture result in varying color temperature which can appear as visible cutlines in a mosaic Color Variations-Mixed GSD When a customer chooses portions of their area to be flown at different ground sample distances(GSDS),there will frequently be a noticeable difference (cotiine)along the seams between the two resolutions Color Variations-Water When multiple individual frames are used to create a mosaic across a body of water(lakes,ponds,rivers,etc.),there will likely be noticeable atiines in the water Regions Geographically Misplaced From time to time,the geoposltional data is corrupt or improperly processed and will mis{rosition the images and result in a defective mosaic.These are inspected for and corrected in Processing Lack of I Edges of Coverage Along the edges of an area being captured(the border of a county,for example),there may be mosaic files created with partial coverage.The missing areas along the edge are filled with black.Where coverage in one GSD does not exist but other GSD imagery is available,the second GSD imagery will be used to fill five gap Processing Errors Software bugs and improperly applied geopositional data is inspected for and corrected before products are delivered to customers f Page 1 of I Pictometry Initial_ Licensee InitialfC 05012009a i i SCHEDULE "D" i Existing Imagery 2,127 Sectors i i �_SanQ,-.rte b?Metg= —d i �. ."A.Y � al W. _ ZNT Rrroc ndsrT Nh(min4n._ .x "—� Mgoagias "+`iFFay f Licensee Initial {rylC 05012009 PiCtQ�I,.Mtry I Select Order T ype Balm Length of Service I Select Applicable Program I Date I Account ��l NEW 1 Year(s) LTI GRANT 3115/11 RMICHEL i CUSTOMER Stale of Oregon DASIEISPD Geospatial Enterprise CUSTOMER State of Oregon DASIEISPD Ceospatial Enterprise Office Office CONTACT NAME Cy Smith - CONTACT NAME Cy Smith - ADDRESS 955 Center Street NE,Room 470 ADDRESS 955 Center Street NE,Room 470 CITY,STATE ZIP Salem,OR 973014280 CITY,STATE ZIP Salem,OR 973014280 PHONE 503-378$088 PHONE 503378-6066 EMAIL ADDRESS cy.smdh@state.or.us EMAIL ADDRESS cy.smIth@sWe.or.us i i I UNITS ITEM CODE DESCRIPTION PRICE PER UNIT AMOUNT 300 CONCURRENT Government Web Services for Pictometry OnLme(POL)-Concorrenl Seals 211.60 $63,480.00 One Year Pictometry LTI Grant (63.480.00) This Government Web Services Order Form(POL)is subject to the Pictometry International Corp Augrorkod Federal Supply Services Infmasilon Technology Schedule Price Ust,Contract No.GS-35F-Ml N And Pictometry GSA Task Order Form by and between the State of Oregon, DASIEISPQ Geospatlal Enterprise Office and I I ( I i Sales Tax 0.0000% $0.00 For each seat listed above, 5 users Will have access to the Web Services. Total Users= 1500 TOW $0.00 If Administrator information is same as"Ship To'check box v4th an"x" M -Administrator shall assign log4m and passwords for all Cusomer Accounts Administrate Name Administrator Email Address Administralm Phone Cy Smith cywfth@slate.or.us 50337MO66 . Acceptance of Quote/Order Describe Imagery to be used:(note-each library will consist W the Payment Option(check one and/or county indicated and a small buffer area outside of the county) 3125-111 enter information) States: Oregon SlgnaN ate(electronic signature is nck accepted) r� �. Purchase Order 71: WA Existing Imagery? YES r r"' PO or CC Amount: NIA Year(s):All airreni POL data plus any non restricted new Printed Name imagery Check Attached: NIA Additional Requirementsll.ibrades: Payment(annually): NIA Start Point Latfl.ong:44.938258,-123.030608 Credit Card Payment:email Direction Facing: North Reque Wd aApr9 1.2017 cc!timsrec?'sabisftictometrv.cmn Pictometry Use ON Thank you for choosing Plctometry as your Web Services provider.Order subject to the terms and ! Activation Date ration Data Soffront O ID II condltiorts listed on page 2 of this form ant existing License Agreement vAN Pictometry.By signing - - this Order Form(and agreeing to Vick through'Service Level Agreemem on initial login,the - Cusomer anrees to the terms of use for this product i P)Q International Cono 100 sown Cefhtra-Drive,Salto A Rodtester NY 14623 Phone 585.4860063 Fes SBS.d86.0098 Pe used o Web Skkal a -License and Service Level Al not&,d PlUOma:try's Web Services should never be used for INS crkical aDPlicatbns and Pittometty will not aaxept liability for any service Interruptlons. 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GENERAL(a)Ilia Cmtrad mnssmde,ace ache agreanart between RCmmetryand the Licensee wed respect m gn pm u b and aupwsdm N pier repmwdaboM pmemerb as .'del orin wdwg mblhgbtlm wb)edmatlerhaed.aA(b)eedndMeW-tlwamdgn Ca�im arq tlro CaWW bmmbmtetlmsapaem and independent Ind ferry povbMm hold n«k became, legal Mudd fah gm wroldrg PV&A DM"Messina,kdfamasd dfedart(C)ro vadalmnnhe,e Cardtlem Draw CaWactamt be Waco"unless InsaltingsignedbywewdhMa,tl,epresadaMmd boil fwes'Th AgreachaM which Iahudee the attached Sdmdla,.mmaM the srdm agreement between gW pselM and wgraeedes al written a oral aIDmnwda,dexdptan,mpreaatagat,,and alders Subjectwere,hoof. By using fie Predat.LI ehsa"k agmeaW m the tams art ce ndBwn slow,above. AtletlenaW Dal 9 Ouay Ounfomsim f applicable(Must be attached b tlts user brm ace khWabd) INTERGOVERNMENTAL AGREEMENT Pictometry Imagery THIS AGREEMENT is made and entered into by and between THE STATE OF OREGON, acting by and through its Department of Administrative Services Information Resources Management Division ("DAS"), and the various state agency and local government signatories ("Partners"). RECITALS 1. By the authority granted in ORS 190.110 and 283.110, state agencies may enter into agreements with units of local government or other state agencies for the performance of—any or all functions and activities that the parties to the agreement, its officers, or agents have the authority to perform. 2. Pursuant to a consortium approach being developed and administered by DAS, DAS will obtain from Pictometry, Inc. oblique imagery, and related products and services, under a license allowing use of the images. 3. The purpose of this Agreement is to provide a method by which the parties can share costs for the oblique digital images and make the resulting images available to the Partners. 4. In order to obtain access to the imagery discussed above, the Partners agree to share in providing the necessary funding, at levels to be determined and set forth in attachments to this agreement. NOW THEREFORE, the premises being in general as stated in the foregoing recitals, the parties hereto, in consideration of those mutual promises, terms and conditions hereinafter provided, agree as follows: TERM OF AGREEMENT The acquisition of the imagery shall begin on the date all required signatures are obtained and shall be completed no later than June 30, 2012, on which date this agreement automatically terminates unless extended by a fully executed amendment. DAS OBLIGATIONS 1. Under its public procurement authority, DAS will acquire digital oblique imagery and the licenses and means to make the imagery easily accessible to the Partners, as per attachments to this agreement and specific to each Partner's requirements. Ashland_pictometry_IGA.docx Digital Aerial Imagery IGA Page 1 of 7 2. DAS hereby grants to each participating Partner all those rights held by DAS pursuant to its agreement with Pictometry, namely, a perpetual license to use, reproduce, prepare derivative works based upon, distribute hard copies of, display the images on a website, and to make and distribute digital copies of the imagery. 3. DAS shall comply with all federal, state and local laws, regulations, executive orders, and ordinances applicable to the work under this Agreement. Without limiting the generality of the foregoing, the parties expressly agree to comply with: (i) Title VI of the Civil Rights Act of 1964; (ii) Section V of the Rehabilitation Act of 1973; (iii) the Americans with Disabilities Act of 1990 and ORS 659.425; (iv) all regulations and administrative rules established pursuant to those laws; and (v) all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. DAS's performance under this Agreement is conditioned upon Partners' compliance with the provisions of ORS 279.312, 279.314, 279.316, 279.320 and 279.555, as applicable and as amended from time to time, which are incorporated by reference herein. 4. DAS, its contractors, and all employers working under this agreement are subject employers under the Oregon Workers Compensation Law and shall comply with ORS 656.017, which requires them to provide workers' compensation coverage for all their subject workers, unless such employers are exempt under ORS 656.126. 5. DAS's project manager -for this_ agreement is Cyril Smith, State Geospatial Information Officer.. PARTNER OBLIGATIONS 1. In consideration for the services performed, each Partner will transfer funds to DAS. Transfer of funds will occur following the date all required signatures are obtained from each Partner. The amount of fund transfer will be determined by the requirements of each Partner for the imagery, as indicated in attachments to this Agreement. 2. Each Partner agrees to use all images provided or made available under this Agreement in accordance with the terms of the use license granted herein. TERMINATION 1. This Agreement may be terminated, and funds returned to the Partner(s) by mutual written consent of both parties. 2. This Agreement may also be terminated, and funds returned to the Partner(s), under any of the following conditions: a. if DAS fails to perform any of the other provisions of this agreement or so fails to pursue the work as to endanger performance of this agreement in accordance with its terms, and after receipt of written notice from the Partner(s) fails to correct such failures within 10 days or such longer period as the Partner(s) may authorize. b. if DAS fails to receive funding from the Partners at levels sufficient to pay for the work provided in the agreement. C. if Federal or State laws, regulations or guidelines are modified or interpreted in such a way that either the work under this agreement is prohibited or if DAS is prohibited from paying for such work from the planned funding source. Any termination of this agreement shall not prejudice any rights or obligations accrued to the parties prior to termination. INDEMNIFICATION 1. To the extent permitted by Article XI, Section 7 of the Oregon Constitution, DAS shall indemnify and hold harmless Partner and its officers, employees and agents from claims arising from: a. Injury to any person or damage to property caused by the negligence or other wrongful acts or omissions of DAS or DAS's officers, employees, or agents; or b. Failure of DAS to perform or fulfill its responsibilities under this Agreement or any law, through no fault of Partner. 2. To the extent permitted by Article XI, Section 10 of the Oregon Constitution, Partner shall indemnify and hold harmless DAS and its officers, employees and agents from claims arising from: a. Injury to any person or damage to property caused by the negligence or other wrongful acts or omissions of Partner or Partner's officers, employees, or agents; or b. Failure of Partner to perform or fulfill its responsibilities under this Agreement or any law, through no fault of DAS. 3. Each party's obligations under this section are subject to limitations imposed by ORS 30.060 to 30.300 and successor statutes.. The provisions of this section are intended to allocate risk between Partner and DAS. Nothing in this section is intended to confer any right to indemnity on any other person or entity or to waive any immunity under ORS 30.060 to 30.300 or successor statutes. 4. The parties will not be required to indemnify the other for any such liability arising out of the wrongful acts of the other's officers, employees or agents. 5. The obligation of the parties under this section will survive termination of this Agreement. RECORDS DAS and each Partner acknowledge and agree that DAS, each Partner, the Secretary of State's Office of the State of Oregon, the Federal Government, and their duly authorized representatives shall have-access to the books, documents, papers, and records of DAS and each Partner that are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts, and transcripts for a period of three years after project completion. Copies of applicable records shall be made available upon request. AMENDMENTS The terms of this Agreement shall not be waived, altered, modified, supplemented or amended, in any manner whatsoever, except by written amendment signed by the parties. The amendment shall be effective as of the date on which every party has signed the amendment and all requisite approvals are obtained. MERGER This Agreement and attached exhibit(s) constitute the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. WAIVER No waiver, consent, modification or change of terms of this Agreement shall bind either party unless in writing and signed by all parties and all necessary approvals have been obtained. Such waiver, consent, modification or change, if made shall be effective only in the specific instance and for the specific purpose given. The failure of DAS to enforce any provision of this agreement shall not constitute a waiver by DAS of that or any other provision. GOVERNING LAW; JURISDICTION; VENUE This Agreement will be governed by and construed according to the laws of the State of Oregon without resort to any jurisdiction's conflict of laws rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between DAS (and/or any other Agency or department of the State of Oregon) and each Partner that arises from or relates to this Agreement will be brought and conducted solely and exclusively within the Circuit Court of MARION County for the State of Oregon. Provided, however, if the claim must be brought in a federal forum, then it will be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. EXECUTION AND COUNTERPARTS This Agreement may be executed in several counterparts, each of which will be an original, all of which will constitute but one and the same instrument. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as of the day and year hereinafter written. PARTNER ORGANIZATION: STATE OF OREGON, By and through its Department of City of Ashland, Oregon Administrative Services By By Sean McSpaden, Deputy Chief Information Officer Enterprise Information Strategy&Policy Division Date Date APPROVAL RECOMMENDED APPROVAL RECOMMENDED By By Cy Smith, State Geospatial Information Officer Enterprise Information Strategy& Policy Division Date Date Reviewed and Approved By: Debbie Gage, DAS Contracts Officer Date: Attachment A Ashland Order Form and Sector Map STATE OF OREGON Schedule A • DATE QUOTE# 2/14/2012 RM120214 BILL TO SHIP TO State of Oregon DAS/EISPD City of Ashland,Oregon Geospatial Enterprise Office Jason Wegner,GIS Manager Cy Smith Public Works Department 955 Center Street NE Room 470 20 East Main Street Salem,OR 97301-4280 Ashland,OR 97520 Phone: 503-378-6066 Phone: 541-552-2417 E-mail:cy.smith@state.or.us E-Mail: we ner ashland.or.us P.O.Number Customer ID REP SHIP Payment Terms A122909 RM Pictometry Net 45 QUANTITY ITEM CODE DESCRIPTION PRICE/SECTOR AMOUNT 27 12-inch C5 Community level WAY (Leaf on on_x $61.00 $1,647.00 8-inch C5 Community-level 4 WAY(leaf on_ off_) $255.50 $0.00 6-inch N5 Neighborhood-level 4 WAY(Leaf on offX) $362.00 $0.00 4-inch N5 Neighborhood-level 4 WAY(Leaf on oe_x_) $412.00 $0.00 1 Delivery Media 465 Gb Hard drive,copying,handling.and shipping $199.00 $199.00 Estimated hard drives ace= 70 Gb Map Projection Oregon Slate PIX)e SOL]III Zone,NAD83. Intl Foot DEM Customer Provided LiDAR Mr SID or ECW MrSID for area wide mosaics Interma DEM 5-meter postings $10.00 $0.00 Reprocess Existing Modiily�map projection and elevation data .$10.001 $0.00 Tiles and Area-wide Specify MrSID or ECW $12.00 $0.00 Advanced Training Three day advanced training $2,165 $0.00 Additional Products 3-inch AccuPlus four-way obliques,ortho imagery, 1 and planimetric mapping per attached specifications $70,605.00 Aponccl State of Oregon Credit -$5,000.00 Order includes Pictometry standard orthos and obl ue imagery at the defined GSD. Also includes ortho sector tiles and area-wide ortho mosiac in either MrSID or ECW format. Order includes site license for Pictometry Electronic Field Study and Pictomet 's extension for Esri ArcMa . For individual county orders over$20K,on-site training is included. For orders under$20K, web-based training will be provided. Includes 10 hours of telehone support over the license term. The individual Consortium Partner shall comply with the contracted Terms and Conditions between the State of Oregon and Pictometry International Corp. SECTOR MAP ATTACHED Acceptance of Quote/Order: Signature/Date Subtotal $67,451.00 Printed Name lCy Smith-Slate of Oregon DAS/EISPD Thank you for choosing Pictometry as your service provider.(05.01-2009) Order subject to the State of Oregon contractual tenns and condihons with Pictometry Intematlonal. Total $67,451.00 isc Planimetric Mapping Scope of Work ISC will perform Planimetric Compilation from the ASPRS Class 1 Accuracy Standard,for 1"=100' Mapping Imagery provided by Pictometry for the city of Ashland OR(approximately 75 square miles). The compilation/updates will be done from mono imagery with no z(elevation)component extracted or attributed. The following map layers will be collected/updated where visible and identifiable on imagery supplied by Pictometry. • Buildings 1. Building outlines of all fixed structures collected as a general feature "BUILDING FOOTPRINT" 2. Buildings will be collected as a polygonal (area)feature. • Edge of pavement/road (Paved/Unpaved Roads) 1. Collected at the edge of the paved surface of the roadway not including parking lots 2. Collected at the edge of"traveled path"for all unpaved roads Note: Edge of pavement will be collected as a linear feature • Edge of curb 1. Collected as an offset to the edge of pavement of the road feature 2. Collected as a single line delineating the edge of curb furthest away from road edge Note: This feature class will not include concrete edging allotted for sewer/manhole access • Sidewalks 1. Will be collected as a single line if one edge abuts to an existing collectable feature 2. Will be collected as a double line feature if stand alone,or more than 1'gap between the sidewalk and coincident feature for more than 10 foot distance. • Driveways Paved and unpaved driveways will be collected as a linear feature along the edges of the pavement or traveled path. • Parking lots Parking lots will be collected as a linear feature along the edge of the paved/unpaved portion used for parking. • Manholes,catch basins,curb inlets None will be collected • Power poles&light poles None will be collected • Ditches/Canals 1. Ditches and canals will be collected in separate linear feature classes. 2. Ditches wider than 10'will be collected as a double line feature Note: Only man-made ditches longer than 50' long or major ditches used for irrigation and/or drainage will be collected Ashland,OR SOW Page 1 isc • Streams 1. Streams will be collected as a single line feature if less than 10'across. 2. Streams will be collected as a double line feature if 10'or greater across for no less than 50'span. Note: Attention will be given to prevent "sausage linking" of streams. • Railroads 1. Railroads will be collected as a single line per "track". 2. Spurs will be collected as a railroad track feature Note: Tracks will not run into/under building footprints • Ponds,lakes,&reservoirs 1. Ponds will be collected as an area feature if the body of water is less than 5 acres in area. 2. Lakes/reservoirs will be collected as a combined feature if the body of water is greater than 5 acres. • Concrete pads 1. Concrete pads used to facilitate public utilities will be collected as a single area feature 2. Concrete pads may overlap point "pole" features and may overlap (i.e. share face)with building footprints • Pools 1. In-ground pools will be collected as a point for residential pools and as a polygon(area) for community/public pools. • Fences None will be collected • Walls None will be collected • Road Striping 1. Parking Lanes, driving lanes,fog lines,and other traffic indicators painted on paved surfaces will be collected in linear feature classes 2. Directional arrows will be collected as an outline feature of the shape 3. Painted text/words will be collected as a point feature attributed with the text string. 4. Crosswalks will be collected as an outline feature(instead of individual stripes). • Vegetation No vegetation layers will be collected. • Spot Elevations No spot elevations will be collected from provided imagery source • Horizontal and vertical control 1. No control will be collected from provided imagery source 2. Pictometry provided GPS coordinates can be input into the data set as "control" points. • Section corners,''/.Section corners,and DLC corners will not be updated/collected from provided imagery source. Ashland,OR SOW Page 2 City of Ashland, OR Flight Sector Map 12-in Standard with customer elevation data — 27 sectors 3-inch AccuPlus with customer elevation data — 19 sectors J _ 1 - I s i Licensee Initial V2011728 Attachment B Cooperative Funding from City of Ashland This attachment to the Intergovernmental Agreement (IGA) to acquire Pictometry oblique imagery and related products and services for the City of Ashland documents the funding amounts to be contributed toward the project by both the City of Ashland and DAS. This attachment specifies the amount of funding to be provided by the City of Ashland based on the approved order form in Attachment A of this IGA, as well as the amount of matching funds to be provided by DAS. CITY OF ASHLAND CONTRIBUTION TO IGA The City of Ashland will provide $67,451.00-to-the Department of Administrative Services (DAS) towards the acquisition of the Pictometry imagery and related products and services for the City. The City of Ashland will provide the funds within 30 days of receipt of an invoice from DAS. DAS_CONTRIBUTION TO IGA FOR CITY OF ASHLAND DAS will provide $5,000.00 towards the completion of the project for the City of Ashland. CITY OF ASHLAND Council Communication Appointment of Council Liaisons for 2012 Meeting Date: February 21, 2012 Primary Staff Contact: John Stromberg, Mayor Department: Administration E-Mail: john @council.ashland.or.us Secondary Dept.: None Secondary Contact: None Approval: Larry Estimated Time: Consent Question: Will the Council approve the 2012 Council liaison appointments to City boards and commissions, to be effective immediately? Staff Recommendation: Staff recommends Council approve the liaisons as listed. Background: Each year the Council liaisons to the City boards and commissions are selected by the Mayor, and approved by the Council. The appointments will be effective immediately. Related City Policies: N/A Council Options: Approve appointments as listed or agree upon changes. Potential Motions: N/A Attachments: List of 2012 Council Liaison Appointments Page 1 of 1 �r, Full List of Council Liaison Appointments 2012 City,Appointed by Mayor and Council Airport Dennis Slattery Band Board Mike Morris Conservation Carol Voisin FireWise Mike Morris Forest Lands David Chapman Historic Greg Lemhouse Hospital Board Russ Silbi er Housing Carol Voisin Parks & Recreation Russ Silbi er Planning Dennis Slattery Public Art Greg Lemhouse Mt. Ashland Board Dennis Slattery Transportation David Chapman Tree Greg Lemhouse City Ad Hoc appointed by Mayor and Council Ashland Water Advisory Committee Carol Voisin Homelessness Steering Committee Carol Voisin & Dennis Slattery Wastewater Advisory Committee Mike Morris Regional, appointed by Mayor and Council Chamber of Commerce Greg Lemhouse RVACT John Stromber RVCOG Russ Silbi er(Carol Voisin as Alt. RVMPO David Chapman Regional Problem Solving Dennis Slattery SOREDI Mike Morris CITY OF ASHLAND Council Communication Approval of an Amendment to the 2010 Fund Exchange Agreement No. 26612 Meeting Date: February 21, 2012 Primary Staff Contact: James Olson Department: Public Works/En i ering E-Mail: olsonj a ashland.or.us Secondary Dept.: Finance Secondary Contact: Karl Johnson Approval: Larry r Estimated Time: Consent Question: LZ Will the Council approve an amendment to the 2010 Fund Exchange Agreement No. 26612 to extend the completion date for the Laurel Street Safe Route to School Project by one year? Staff Recommendation: Staff recommends approval of an amendment to the 2010 Fund Exchange Agreement No. 26612 which will extend the completion date for the Laurel Street Safe Route to School Project to May 31, 2013. Background: Fund Exchange Agreement No. 26612 is the funding mechanism for the Laurel Street Safe Route to School Project which included installation of sidewalks on the east side of Laurel Street from Hersey Street to Randy Street and the improvement of the Hersey/Laurel rail crossing. The funding agreement specified a project completion date of May 31, 2012. The sidewalk portion of the project was completed last fall, however the rail crossing is yet to be completed and it is unlikely that it will be finished by the specified completion date. This amendment extends the completion by 12 months, to May 31, 2013. Project Details The Hersey/Laurel rail crossing improvement is the final phase of the Laurel Street Safe Routes to School project. The first phase saw the construction of concrete sidewalks on the east side of Laurel Street from Hersey Street to Randy Street. The second and concluding phase of this project will improve the rail crossing at Hersey and Laurel streets by: • Widening the crossing to provide bike lanes and sidewalks over the tracks • Provide a smooth pre-cast concrete crossing surface for vehicles, bicyclists and pedestrians • Provide channelization of vehicle routes to improve pedestrian and bicycle safety • Provide for the future installation of automated crossing gates The work of installing the concrete crossing panels can only be done by the Central Oregon and Pacific Railroad (CORP) and its authorized contractor; however, all costs must be bome by the City. All such costs are reimbursable under the terms of the grant. To provide CORP adequate time to complete their portion of the work, the grant completion date was extended by one year. Project Funding The Laurel Street Safe Routes to School Project is financed through Fund Exchange Agreement No. 26612 which was approved by the Council on May 4, 2010. A fund exchange is where federal dollars Pagel of 2 ��, CITY OF -ASHLAND are exchanged for state dollars at a 94% exchange rate. Fund Exchange Agreement No. 26612 will exchange $730,000 Surface Transportation Program (STP) funds for$686,200 in state funds for this work. The Laurel Street sidewalk portion of the project is now complete with a total final cost of$209,000 leaving $477,200 for the rail crossing portion of the work. The estimate of cost for the rail crossing improvement is as follows: • CORP costs(per agreement) $215,418.74 • Additional CORP construction costs 13,581.26 • Engineering costs (OBEC Engineers) 26,000.00 • Construction costs (City contract) 220,000.00 TOTAL $475,000.00 Fund Exchange Agreement Of all the grant programs, the fund exchange program provides the greatest degree of flexibility and local control. The project is designed by the City (or its contractors) to City standards which can differ from ODOT or federal (AASHTO) standards. The project is bid, administered and constructed by the City (or its contractors). Fund exchange grants are a reimbursable-type grant under which the City's expenses are reimbursed through ODOT on a quarterly basis. Funds are immediately available and the agreement specifies that this project be completed by May 31, 2012. Amendment No. 1 will extend the completion date to May 31, 2013. Related City Policies: By the authority granted in Oregon Revised Statute (ORS) 190.110, 366.572 and 366.576, the City and State may enter into cooperative agreements for the performance and funding of work on certain types of improvement projects with the allocation of costs to be mutually agreed upon. Council Options: • The Council may approve Amendment No. 1 to Fund Exchange Agreement No. 26612 setting a completion date of May 31, 2013. • The Council may reject Amendment No. 1 Potential Motions: • Move to approve Amendment No. 1 to Fund Exchange Agreement No. 26612, setting a completion date of May 31, 2013 for the Laurel Street Safe Route to School Project. • Move to reject Amendment No. 1 to Fund Exchange Agreement No. 26612 Attachments: Agreement Page 2 of 2 Misc. Contracts and Agreements No. 26612 AMENDMENT NUMBER 01 2010 FUND EXCHANGE AGREEMENT Laurel Street/Hersey Street Project City of Ashland The State of Oregon, acting by and through its Department of Transportation, hereinafter referred to as "State," and the City of Ashland, acting by and through its elected officials, hereinafter referred to as "Agency," entered into an Agreement on May 25, 2010. Said Agreement covers Agency's federal fund exchange project. It has now been determined by State and Agency that the Agreement referenced above shall be amended to extend time. Except as expressly amended below, all other terms and conditions of the Agreement are still in full force and effect. TERMS OF AGREEMENT, Paragraph 5, Page 2, which reads: The term of this Agreement will begin upon execution and will terminate on May 31, 2012, unless extended by an executed amendment. Shall be deleted in its entirety and replaced with the following: The term of this Agreement will begin,upon execution and will terminate on May 31, 2013, unless extended by an executed amendment. TERMS OF AGREEMENT, Paragraph 11, shall be deleted in its entirety and shall be identified as RESERVED. This Amendment may be executed in several counterparts (facsimile or otherwise) all of which when taken together shall constitute one agreement binding on all Parties, notwithstanding that all Parties are not signatories to the same counterpart. Each copy of this Amendment so executed shall constitute an original. THE PARTIES, by execution of this Agreement, hereby acknowledge that their signing representatives have read this Agreement, understand it, and agree to be bound by its terms and conditions. 02-07-11 Agency/State Agreement No. 26612 City of Ashland, by and through its STATE OF OREGON, by and through elected officials its Department of Transportation By By Deputy Director, Highways Date Date By APPROVAL RECOMMENDED Date By APPROVED AS TO LEGAL Technical Services Mgr./Chief Engineer SUFFICIENCY Date By By Counsel Region 3 Manager Date Date By Agency Contact: Morgan Wayman, Project Manager Date City of Ashland Public Works 51 Winburn Way, Ashland OR 97520 APPROVED AS TO LEGAL Office: 541-552-2414 SUFFICIENCY waymanm @ashland.or.us By Assistant Attorney General Date: 2 CITY OF ASHLAND Council Communication Mayor and Council FY13 Proposed Budget Meeting Date: February 21, 2012 Primary Staff Contact: Ann Seltzer Department: Administration E-Mail: seltzera@ashland.or.us Secondary Dept.: None Secondary Contact: None Approval: Larry P e Estimated Time: Consent Question: Does the proposed budget for Mayor and Council for Fiscal Year 2013 meet the needs of the Mayor and Council? Staff Recommendation: Staff recommends Council reviews the proposed budget and identifies areas of concern and/or questions prior to staff submittal to the budget process. The Mayor and Council FY 13 budget is scheduled to be presented to the Budget Committee as a part of the overall Administration Budget on Monday, March 26. Background: The proposed FY 13 budget for Mayor and Council is $152, 263, a 48% increase over FY 12. Personal Services: $97,238 ($2,600 salaries plus $94,638 for health care benefits) Personal Services includes salaries and benefits. Four positions are up for election in November. FYI benefits are budgeted to accommodate the four positions at full family health coverage and three elected positions (those positions not up for elections in November) as actual. Actual benefits will be adjusted in January 2013 to meet the needs of the four newly elected officials. Materials and Services $55,025 Materials and Services include supplies, advertising, membership dues, travel and training, sister city related activities, contractual services such as facilitators or trainers and other expenses associated with Mayor and Council activities. This allows for each Councilor to attend one conference (with overnight stays) and two additional trainings that are local (no overnight stay). The FY 13 proposed budget for materials and services of$55,025 is a slight increase over the budget for the current fiscal year. The increase is to account for possible increase in travel costs, annual dues and training registration costs. Related City Policies: Annual Budget Process Page I of 2 �r, CITY OF ASHLAND Council Options: Council should identify areas of concern and/or questions with the proposed FYI 2 budget. Potential Motions: None, this is a discussion item only. Attachments: Approved FY12 Budget DRAFT FYI Mayor and Council Budget Page 2 of 2 �r, administration department- mayor and council Mayor & Council Significant Budget Changes The Mayor and City Councilors are elected by the citizens of . Reduction in Personal Services due to a change in health Ashland and are responsible for setting city policy. Policies insurance needs for current council members. set the framework for city operations and establish priorities for all departments. The Mayor and Council budget includes expenditures directly related to those responsibilities and is funded through the Central Service Fund. Generally,every twelve to eighteen months,the City Council prepares goals for the upcoming year. These goals provide major policy direction for budget allocations,particularly in preparing the budget for the upcoming fiscal year. The Council holds regular meetings and study sessions each month to conduct the business of the city and to hear from Ashland citizens. The Council relies on the expertise and recommendations of appointed Citizen Commissions and Committees on related policy issues. The Mayor and Council are funding through Central Service fees paid by each department. The City Council adopted goals in January of 2011. The goals are listed in the budget message in the Introduction Sec- tion of the budget. CENTRAL SERVICE FUND ADMINISTRATION DEPARTMENT MAYOR AND COUNCIL DIVISION Description 2009 Actual 2010 Actual 2011 Amended 2012 Proposed 2012 Approved 2012 Adopted Fund#710 Personal Services 510 Salaries and Wages $ 2,600 $ 2,600 $ 2,600 $ 2,600 $ 2,600 $ 2,600 520 Fringe Benefits 57,182 68,485 83,490 45,070 45,070 45,070 Total Personal Services 59,782 71,085 86,090 47,670 47,670 47,670 Materials and Services 601 Supplies 492 188 1,000 1,000 1,000 1,000 603 Communications 654 664 600 600 600 600 604 Contractual Services 4,858 18,060 7,500 7,500 7,500 7,500 606 Other Purchased Services 38,176 46,672 44,000 42,490 42,490 42,490 608 Commissions 3,189 2,167 2,900 2,900 2,900 2,900 Total Materials and Services 47,369 67,751 56,000 54,590 54,590 54,590 $ 107,151 $ 138,836 $ 142,090 $ 102,260 $ 102,260 $ 102,260 3-6 city of ashland CENTRAL SERVICE FUND ADMINISTRATION DEPARTMENT MAYOR AND COUNCIL DIVISION 2012 2012 Year 2013 Description 2010 Actual 2011 Actual Amended End Estimate Proposed Fund#710 Personal Services 510 Salaries and Wages $ 2,600 $ 2,600 $ 2,600 $ 2,600 $ 2,600 520 Fringe Benefits 68,485 48,413 45,070 52,830 94,638 Total Personal Services 71,085 51,013 47,670 55,430 97,238 Materials and Services 601 Supplies 188 1,417 1,000 400 11000 603 Communications 664 641 600 626 625 604 Contractual Services 18,060 120 7,500 - 7,500 606 Other Purchased Services 46,672 37,288 42,490 39,500 43,000 608 Commissions 2,167 1,737 2,900 2,900 2,900 Total Materials and Services 67,751 41,203 54,490 43,426 55,025 E 138,836 E 92,216 $ 102,160 E 98,856 E 152,263 CITY OF ASHLAND Council Communication Recommendation from the Public Art Commission Regarding a Mural on Enders Alley Meeting Date: February 21, 2012 Primary Staff Contact: Ann Seltzer Department: Administratio E-Mail: seltzeranashland.or.us Secondary Dept.: None Secondary Contact: None Approval: Larry Pa rs Estimated Time: Consent Question: . Does the Council approve the recommendation of the Public Art Commission (PAC) to install a mural on Enders Alley? Staff Recommendation: Staff recommends Council approve the project. Background: In September, Ashland High School student Nicole Shulters presented to the Public Art Commission a concept for a mural to be painted on the wall of Dan's Shoe Repair shop facing Enders Alley at Second Street. Ms. Shulters is proposing this mural as her senior class project and received letters of support from the property owners (attached). The mural will measure 32' x 6.5' with a finish of anti graffiti clear coal and UV protection. Ms. Shutlers anticipates beginning the project when the weather warms in the spring. At the suggestion of the Public Art Commission, Ms. Shulters consulted with world class muralist, Robert Beckman on the design and application of the mural. The Public Art Commission sent 53 letters to neighboring properties within 300 feet of the proposed mural inviting feedback on the proposed design and has received two emails opposing the design and four in favor of the project. This project meets the objectives in the Public Art Master Plan by elevating citizen and visitor awareness of public art in Ashland and incorporating artistic elements into basic functional pieces throughout the city. In addition, the project meets the Selection Guidelines for Works of Public Art and Site Selection as detailed in AMC 2.17. Pending Council approval of the mural, the City will secure a written agreement with the property owner granting the City permission and control of the wall as required in Ashland Municipal Code 2.29.120. The mural will be painted sometime in the spring of 2012. Related City Policies: AMC 2.17 Pagel o1`2 Imo, CITY OF ASHLAND AMC 2.29.120 AMC 18.96.020 Council Options: Approve the recommendation of the Public Art Commission. Do not approve the recommendation and provide feedback to the Public Art Commission. Potential Motions: I move to approve the recommendation of the Public Art Commission to install a mural on Enders Alley at 27 South Second Street. I move to deny the recommendation of the Public Art Commission and Attachments: 1. Rendering of mural and photos of wall 2. Responses from neighbors Page 2 of 2 a 1� - �. a �� • � � I '' —>a A � ! :: � .. �� � � �� � 142'F v�C5�"`�hR� ��`�➢�,�yy' g� � ib ? 5 } f� y yf�l�t �` 1 i � °� v _; �i��1 �` _ `, :�•, ` ,t. a �, +a i ..�-�. II 'q: fi d2q «eqy Responses from neighbors From: innkeeper @thewinchesterinn.com [mailto:innkeeper @thewinchesterinn.com] Sent: Monday, January 23, 2012 1:51 PM To: carol @davisandcline.com Subject: Enders Alley Mural Hello Carol, We just wanted to voice our support for the Enders Alley mural at Dan's Shoe repair. If you need anything else from us, please don't hesitate to contact us. Regards, Drew Gibbs General Manager Certified Sommelier The Winchester Inn www.winchesterinn.com From: roanna.rosewood @gmail.com [mailto:roanna.rosewood @gmail.com] On Behalf Of Roanna Rosewood Sent: Thursday, December 08, 2011 4:51 PM To: carol @davisandcline.com Subject: mural feedback Dear Carol, Thank you for asking for feedback. I'm strongly opposed to this mural being placed on Enders Alley. My staff takes the garbage and recycling past there every night. While, for safety, I require that they go in pairs to complete this one-person job, this task has been known to make people nervous on dark nights. I strongly feel that this mural, with its red sky and black buildings,would increase feelings of unease. Please note, this is not a negative judgement on the quality of art or the artist. I think a mural is a great idea but one that is uplifting and relates, in some way, to our unique and wonderful small town instead of a nameless city with a blood-red sky, would be enjoyable instead of just artistic. Respectfully, Roanna Rosewood, Pangea 541-301-3042 ********************************* From: Sharon DeBoer [mailto:sharonrdeboer @gmail.com] Sent: Tuesday, December 13, 2011 12:55 PM To: carol @davisandcline.com Subject: Dan's Shoe Repair Mural project December 13, 2011 Carol: Thank you for your letter of December 6, 2011, indicating that Nicole Shulters has proposed a mural for the wall facing Enders Alley of Dan's Shoe Repair on Second Street. I own the home at 298 Hargadine Street, directly south of the Winchester Inn, and within view of the The wall. As a mother of two young adults, I understand the value of, and am fully supportive of senior class projects. That being said, I do not care for the design chosen for the wall. 1 appreciate the opportunity to express my opinion. Respectfully, Sharon DeBoer 298 Hargadine St Ashland, OR 97520 541.441.8004 From: Bloomsbury Coffee House [mailto:davidlight38 @gmail.com] Sent: Tuesday, December 13,2011 5:41 PM To: carol @davisandcline.com Subject: Enders alley mural We are in total support of this project. In will enhance the area. David From: Drescheral @aol.com [mailto:Drescheral @aol.com] Sent: Wednesday, December 14, 2011 3:17 PM To: carol @davisandcline.com Subject: Nicole Shulters To Whom It May Concern: I endorse the proposed mural to be painted by Nicole Shutters on the side of a building owned by me _ facing Enders Alley off Second Street. Sincerely,Allen Drescher Allen G. Drescher, PC 21 South Second Street P.O. Box 760 Ashland, OR 97520 (541)482-4935 Fax: (541)482-4941 drescheraloaotcom www.ashiandaregonlawyer.com **************************************************** From: Tysin Senestraro [mailto:tysin @paddybrannansirishpub.com] Sent: Thursday, December 15, 2011 1:14 PM To: carol @davisandcline.com Subject: PAC MURAL ENDERS ALLEY I think this is a great idea! It would brighten up that dreadful alley... I'm definitely in favor. Tysin Senestraro Paddy Brannan's CITY OF -ASHLAND Council Communication Declaration and Authorization to Dispose of Surplus Property - Transformers Meeting Date: February 21, 2012 Primary Staff Contact: Lee Tuneberg Department: Electri c E-Mail: Lee.tuneberg@ashland.or.us Secondary Dept.: Purchasing Secondary Contact: Warren DiNapoli Approval: Larry Patter Estimated Time: Consent Question: Will the Council, acting as the L cal Contract Review Board, authorize the disposal of surplus transformers and approve the contract award to Transformer Technologies for submitting the highest bid of$14,746.05? Staff Recommendation: Staff recommends disposing of the transformers and awarding the public contract to Transformer Technologies for submitting the highest bid of$14,746.05. Background: The Electric Department requested 53 transformers, no longer in inventory, ranging from 25 KVA to 250 KVA be declared and sold as surplus. An Invitation to Bid was sent to seven (7)prospective bidders and the City received three (3) bids in response to the ITB. Bids were received from the following bidders: Transformer Technologies $14,746.05 Solomon Corporation $14,568.00 T & R Electric Supply Co. $14,463.02 Transformer Technologies proposal confirms that the transformers will be dismantled in a manner to insure the highest level of recycling. Their bid also confirmed that the transformers will be transported FOB Ashland which means they will take responsibility for transporting the transformers from the City of Ashland to their Salem, Oregon facility. When the equipment has been processed complete, the City will receive a Certificate of Destruction, and when processing the oil is complete, the City will receive a Certificate of Handling. Related City Policies: AMC Section 2.54.010 Disposal of Surplus and Abandoned Property. The City of Ashland Finance Department may transfer, trade, auction or sell surplus or abandoned property to other city departments, political subdivisions, state agencies, or non-profit organizations. However, the disposal of surplus property having residual value of more than $10,000 shall be subiect to authorization by the Local Contract Review Board. AMC Section 2.54.040 Surplus Property Offered for Public Sale A. The Purchasing Agent must conduct public sales for the disposal of Surplus Property. Page I of 2 �r, CITY OF -ASHLAND B. Methods of disposal.may include, but are not limited to: oral auctions, sealed bid sales and fixed price retail sales, separately or in any combination thereof. Council Options: The Council, acting as the Local Contract Review Board, can declare the transformers as surplus and approve (decline) the contract award. Potential Motions: The Council, acting as the Local Contract Review Board, moves to declare the transformers as surplus and approve (decline) the contract award. Attachments: None Page 2 of 2 �r, CITY OF ASHLAND Council Communication New Intergovernmental Agreement between the State of Oregon Department of Consumer and Business Services, (DCBS) Meeting Date: February 21, 2012 Primary Staff Contact: Bill Molnar Department: Community De pment E-Mail: molnarb @ashland.or.us Secondary Dept.: Legal Secondary Contact: Michael Grubbs Approval: Larry Patter Estimated Time: Consent Question: Should the Council authorize si ature of an Intergovernmental Agreement with Oregon Department of Consumer and Business Services (DCBS) to allow DCBS to install Accela building permit software for use by the City of Ashland Community Development Department Building Division for electronic construction permit issuance and plan review? Staff Recommendation: Authorize the signature of a contract (1GA) entitled "INTERGOVERNMENTAL AGREEMENT ePERMITTING SYSTEM AND SERVICES" with the State of Oregon Department of Consumer and Business Services. Background: The State of Oregon has partnered with Accela Automation to deliver and make available a new software package which will better serve the construction community for all jurisdictions across the state. The software provides an electronic building permit and plan review process. This software will replace the current Eden Building Permits program. In general, the incurred expenses to implement the transition to the new permit software system will be limited to staff time for data migration and some external hardware for individual work stations. The Operational and Organizational Review of the Community Development Department completed in April 2006 included a recommendation to expand the use of automated permitting software to advance efficiency of the development permitting process. At the January 2012 Council meeting, the Community Development Director briefed the Council on efforts taken to date to improve customer service through focused actions on the certainty and responsiveness of the City development services. The eventual transition to Accela permitting and plan review software was seen and recommended as a logical next step in meeting City objectives for continued improvements to the development review, approval and inspection process. Related City Policies: None Council Options: Approve the Intergovernmental Agreement between the City of Ashland and DCBS. Approve the Intergovernmental Agreement between the City of Ashland and DCBS, along with any suggested modifications. Page 1 of 2 11FALAWK11 CITY OF ASHLAND Potential Motions: Move approval of entering into an Intergovernmental Agreement between the City of Ashland and DCBS for Accela electronic building permit software. Attachments: Intergovernmental Agreement - ePermit System and Services Page 2 of 2 IGA 4 XXXXXXXX INTERGOVERNMENTAL AGREEMENT ePermit System and Services THIS INTERGOVERNMENTAL AGREEMENT ("Agreement') is made and entered into this day of , 2012 (the "Effective Date') by and between The State of Oregon, acting by and through the Department of Consumer and Business Services ("DCBS') and the City of Ashland ("Jurisdiction"), a political subdivision of the State of Oregon. DCBS and the Jurisdiction may collectively be referred to herein as the Parties and individually as the Party. The Parties are authorized to enter into this Agreement under ORS Chapter 190 and ORS 455.095. DCBS: Jurisdiction: Lori Lee Graham Larry Patterson ePermitting Manager City Administrator 1535 Edgewater Street NW 20 East Main Street PO Box 14470 Ashland, OR 97520 Salem, OR 97309 FAX (541)488-5311 FAX (503)378-2322 FEIN: 93-6002117 RECITALS A. Oregon Revised Statute.ORS 455.095 provides that DCBS shall develop and implement a system that provides electronic access to building permitting information. The statute also requires DCBS to make the system accessible for use by municipalities in carrying out the building inspection programs administered and enforced by the municipalities. B. The Department of Administrative Services, State Procurement on behalf DCBS issued a Request for Proposal (RFP) for a statewide ePermit system and associated products and services ("ePermit System"). Accela, Inc.was the successful proposer.On or about August 8, 2008, DCBS and Accela, Inc. entered into a contract ("ePermit contract') by which Accela, Inc, licensed to DCBS ePermitting system software, an IVR system and provided related configuration, implementation and hosting services (collectively the "ePermit System") C. The ePermit contract provided that the ePermit System and related Services would be available to municipalities ("Participating Jurisdictions"). D. Jurisdiction has requested that DCBS provide access to the ePermitting System and related Services to Jursdiction and to implement the Jurisdiction as a Participating Jurisdiction as set forth in the ePermitting contract. E. DCBS is willing, upon the terms of and conditions of this Agreement, to provide access to Jurisdiction to the ePermitting System and related Services and to implement Jurisdiction as provided herein. i f IGA # XXXXXXX NOW, THEREFORE, in consideration of the foregoing premises and other good and valuable consideration, the recePt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. DEFINITIONS. 1.1. As used h this Agreement, the following words and phrases shal have the indicated meanings. 1.2. "Agreement" means this Intergovernmental Agreement. 1.3. "ePermitting Contract" has the meaning set forth in Recital B and includes all amendments thereto. 1.4. "ePermit System' means the entire system including the ePerrnitting software licensed implemented and configured pursuant to the ePermit contract and related Services including hosting and IVR. 1.5. "Jurisdiction" has the meaning set forth in the first paragraph of this Agreement. 2. TERM, RENEWAL AND MODIFICATIONS. 2.1. Term. This Agreement is effective, and will be considered fully executed, upon signature by both parties, and shall remain in effect until - termination of this Contract as provided herein. Unless otherwise terminated as provided herein, this Contract will be in effect for the period that Jurisdiction administers and enforces a building inspection program. This Agreement will automatically renew in the event that the Jurisdiction's program assumption is renewed for an additional period. 2.2. Agreement Modifications. Notwithstanding the foregoing, or,any other provision of the Agreement, DCBS may propose a modified Agreement or new intergovernmental agreement for Jurisdiction access to the ePermit System. DCBS will propose such modified Agreement or new intergovernmental agreement with at least 60 days written notice prior to expiration of the Jurisdiction's current program assumption period. The new intergovernmental agreement or modified Agreement will be effective on the effective date of the renewal of Jurisdiction's program assumption. If the parties cannot agree to the new intergovernmental agreement or modified Agreement, this Agreement will terminate effective on the renewal date of Jurisdiction's program assumption. Additionally, during the term of this Agreement, DCBS may propose modifications to this Agreement and which will become effective upon mutual agreement by the parties in accord with section 19 of this Agreement. 3. PERFORMANCE AND DELIVERY. 3.1.Responsibilities of DCBS. 2 IGA # XXXXXXXX 3.1.1. DCBS shal use its best efforts to provide Jurisdiction access to the ePermit System and related Services. DCBS shall use it best effort to provide the Jurisdiction with satisfactory access on a parity with all other jurisdictions implemented by DCBS to the ePermit System. 3.1.2. DCBS wil implement the Jurisdiction using the process accordhg to the ePermitting Implementation Methodology set forth in Exhibit B. In the event that a Work Order Contract is used to implement a specific city or county, a copy of that agreement shall be provided in Exhibit E. 3.1.3. Upon inplementation, jurisdiction will have access to the System and the functionality as described in the ePermit contract and determined during the implementation process. 3.1.4. DCBS will provide technical support for the ePermit program. Support shall be provided to Jurisdiction 7:00 a.m. to 4:00 p.m. The general support structure shall be as follows: 3.1 .4.1. State ePermitting team provides technical support to participating city or county. 3.1.4.2. Accela provides technical support to State ePermitting team. In the event that the State team is unable to communicate a solution to the participating city or county, the State team will facilitate communication between Accela and participant. 3.2. Responsibilities of Jurisdiction. 3.2.1. Jurisdiction agrees to the requirements of Exhibit A. 3.2.2. Jurisdiction shall provide the resources required in the Implementation Methodology set forth in Exhibit B. 3.2.3. Jurisdiction agrees to abide by the terms and conditions of the Software License set forth in Exhibit C. 4. REPRESENTATIONS AND WARRANTIES. 4.1 Representations of Jurisdiction. Jurisdiction represents and warrants to DCBS as follows: 4.1.1. Organization and Authority. Jurisdiction is a political subdivision of the State of Oregon (or an intergovernmental entity formed by political subdivisions of the State of Oregon under ORS Chapter 190) duly organized and validly existing under the laws of the State of Oregon. Jurisdiction has full power, authority and legal right to make this Agreement and to incur and perform its obligations hereunder. Jurisdiction has assumed and administers a buiding inspection program under ORS 455.148 to ORS 455.153. 3 IGA #XXXXXXX 4.1.2. Due Authorization. The making and performance by Jurisdiction of this Agreement (1) have been duly authorized by all necessary action of Jurisdiction and (2)do not and will not violate any provision of any applicable law, rule, and regulation. 4.1.3. Binding Obligation. This Agreement has been duly executed and delivered by Jurisdiction and constitutes a legal, valid and binding obligation of Jurisdiction, enforceable according to its terms. 4.1.4. Jurisdiction has reviewed the ePermit contract and ePermt System and is knowledgeable of the ePermit system functionality and performance and has entered into this agreement based on Is evaluation of the ePermit Contract and the ePermit System 4.2. Representations and Warranties of DCBS. DCBS represents and vrerrants to Jurisdiction as follows: 4.2.1. Organization and Authority. DCBS is an agency of the state government and DCBS has full power, authority and legal right to make this Agreement and to incur and perform its obligations hereunder. 4.2.2. Due Authorization. The making and performance by DCBS of this Agreement (1) have been duly authorized by all necessary action of DCBS and (2) do not and will not violate any provision of any applicable law, rule, and regulation. 4.2.3. Binding Obligation. This Agreement has been duly executed and delivered by DCBS and constitutes a legal, valid and binding obligation of DCBS, enforceable according to its terms. 4.2.4. Performance Warranty. DCBS will use its best efforts to provide Jurisdiction access to the ePermit System and implement the Jurisdiction according to the ePermit contract and Exhibit B. Notwithstanding the foregoing, Jurisdiction understands and agrees that the ePermit System is composed of software and services provided by third parties and DCBS has no responsibility to Jurisdiction for the functionality or performance of the ePermit System. 4.3. The warranties set forth above are in addition to, and not n lieu of, any other warranties set forth in this Agreement or implied by law. 5. ACCESS TO RECORDS AND FACILITIES. 5.1. Records Access. DCBS, the Secretaryof States Office of the State of Oregon, the Federal Government, and their duly authorized representatives shall have access to the books, documents, papers and records of the Jurisdiction that are directly related to this Agreement, for the purpose of making audits, examinations, excerpts, copies and transcriptions. 5.2. Retention of Records. Jurisdiction shall retain and keep accessible all books, documents, papers, and recordsthat are directly related to the Agreement for a minimum of six (6) years, or such longer period as 4 IGA # XXXXXXXX may be required by other provisions of this Agreement or appicable law, following the termination of this Agreement. 5.3. Public Records. Jurisdiction shall be deemed the Custodian for the purposes of public records requests regarding requests related to Jurisdiction's building inspection program. 6. JURISDICTION DEFAULT. Jurisdiction shall be in default underthis Agreement upon the occurrence of any of the following events: 6.1. Jurisdiction fails to perform, obsene or discharge any of its covenants, agreements or obligations set forth herein. 6.2.Any representation,warranty or statement made by Jurisdiction herein is untrue in any material respect when made. 7. DCBS DEFAULT. DCBS shall be in default under this Agreement upon the occurrence of any of the following events: 7.1. DCBS fails to perform, observe or discharge any of its covenants, agreements, or obligations set forth herein; or . 7.2.Any representation, warranty or statement made by DCBS herein is untrue in any material respect when made. 8. TERMINATION. 8.1. Jurisdiction Termination. Jurisdiction may terminate this Agreement in its entirety as follows: 8.1.1. For its convenience, upon at least six calendar months advance written notice to DCBS, with the termination effective as of the first day of the month following the notice period; 8.1.2. Upon 30 days advance written notice to DCBS, if DCBS is in default under this Agreement and such default remains uncured at the end d said 30 day period or such longer period, if any, as Jurisdiction may specify in the notice; or 8.1.3. Immediately upon written notice to DCBS, if Oregon statutes or federal laws, regulations or guidelines are modified, changed or interpreted by the Oregon Legislative Assembly, the federal government or a court in such a way that Jurisdiction no longer has the authorty to meet its obligations under this Agreement. 9. DCBS TERMINATION. DCBS may terminate this Agreement as follows: 9.1. For its convenience, upon at least six calendar months advance written notice to Jurisdiction, with the termination effective as of the first day of the month following the notice period. 9.2. Upon termination of the ePermit Contract with such reasonable notice to Jurisdiction as feasible under the terms of the ePermit Contract. 5 IGA#XXXXXXX 9.3. Immediately upon written notice to Jurisdiction if Oregon statutes or federal laws, regulations or guidelines are modified, changed or interpreted by the Oregon Legislative Assembly, the federal government or a court in such a way that DCBS no longer has the authority to meet its obligations under this Agreement. 9.4. Upon 30 days advance written notice to Jurisdiction, if Jurisdiction is in default under this Agreement and such default remains uncured at the end of said 30 day period or such longer period, if any, as DCBS may specify in the notice. 9.5. Immediately, in the event that Jurisdiction no longer administers and enforces a building inspection program. 10. EFFECT OF TERMINATION. 10.1. No Further Obligation. Upon termination of this Agreement in its entirety, DCBS shall have no further obligation to provide access to the ePermit System and related Services to Jurisdiction. 10.2. Survival. Termination or modification of this Agreement pursuant to sections 8 and 9 above, shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination, Jurisdiction shall immediately cease all activities under this Agreement, unless expressly directed otherwise by DCBS in the notice of termination. 10.3. Minimize Disruptions. If a termination right set forth in section 8 or 9 is exercised, both parties shall make reasonable good faith efforts to minimize unnecessary disruption or other problems associated with the termination. 10.4. Jurisdiction Data. Jurisdiction may obtain a copy of data related to its building inspection program. 11. NOTICE. Except as otherwise expressly provided in this Agreement, any communications between the parties hereto or notices to be given hereunder shall be given in writing by personal delivery, facsimile, or mailing the same, postage prepaid to Jurisdiction or DCBS at the address or number set forth below, or to such other addresses or numbers as either party may indicate pursuant to this section. Any communication or notice so addressed and rrailed shall be effective five (5) days after mailing. Any communication or notice delivered by facsimile shall be effective on the day the transmitting machine generates a receipt of the successful transmission, if transmission was during normal business hours of the recipient, or on the next business day, if transmission was outside normal business hours of the recipient. To be effective against DCBS, any notice transmitted by facsimile must be confirmed by telephone notice to DCBS"s Office of Contracts and Procurement as set forth below. To be effective against Jurisdiction, any notice transmitted by facsimile must be confirmed by telephone notice to Jurisdictions responsible party as agreed upon by jurisdiction and DCBS. Any communication or notice given by personal delivery shall be effective when actually delivered. 6 IGA # XXXXXXXX 12. SEVERABILITY. The parties agree that if any term or provision of this Agreement is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular term or provision held to be invalid. 13. COUNTERPARTS. This Agreement may be executed in several counterparts, al of which when taken together shal constitute one agreement binding on all parties, notwithstanding that all parties are not signatories to the same counterpart. Each copy of this Agreement so executed shall constitute an original. 14. GOVERNING LAW, CONSENT TO JURISDICTION. This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon without regard to principles of conflicts of law. Any claim, action, suit or proceeding (collectively, "Claim") between DCBS (and/or any other agency or department of the State of Oregon)and Jurisdiction that arises from or relates to this Agreement shall be brought and conducted solely and exclusively within a circuit court in the State of Oregon of proper jurisdiction. In no event shall this section be construed as a waiver by the State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, from any Claim or from the jurisdiction of.any court. JURISDICTION, BY EXECUTION OF THIS AGREEMENT, HEREBY CONSENTS TO THE IN PERSONAM JURISDICTION OF SAID COURTS. 15. COMPLIANCE WITH LAW.The parties shall comply with all state and local laws, regulations, executive orders and ordinances applicable to the Agreement. All employers, including DCBS and Jurisdiction, that employ subject workers who provide Services in the State d Oregon shall comply with ORS 656.017 and provide the required Workers Compensation coverage, unless such employers are exempt under ORS 656.126. 16. ASSIGNMENT OF AGREEMENT, SUCCESSORS IN INTEREST. The parties agree there will be no assignment or delegation of the Agreement, or of any interest in this Agreement, unless both parties agree in writing. The parties agree that no services required under this Agreement may be performed under subcontract unless both parties agree in writing. The provisions of this Agreement shall be binding upon and shall inure to the parties hereto, and their respective successors and permitted assignees. 17. NO THIRD PARTY BENEFICIARIES. DCBS and Jurisdiction are the only parties to this Agreement and are the only parties entitled to enforce its terms. Nothing in this Agreement gives, is intended to give, or shall be construed to give or provide any benefit or right, whether directly, indirectly or otherwise, to third persons any greater than the rights and benefits enjoyed by the general public unless such third persons are individually identified by name herein and expressly described as intended beneficiaries of the terms of this Agreement. 18. WAIVER. The failure of either party to enforce any provision of this Agreement shall not constitute a waiver by that partyof that or any other provision. No waiver or consent shal be effective unless in writing and signed by the party against whom it is asserted. 7 IGA#XXXXXXX 19. AMENDMENT. No amendment, modification or change of terms of this Agreement shall bind either party unless in writing and signed by both parties and when required by the Department of Administrative Services and Department of Justice. Such amendment, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. Jurisdiction, by signature of its authorized representative, hereby acknowledges that it has read this Agreement, understands it, and agrees to be bound by its terms and conditions. 20. HEADINGS. The headings and captions to sections of this Agreement have been inserted for identification and reference purposes only and shall not be used to construe the meaning or to interpret this Agreement. 21. CONSTRUCTION.This Agreement is the product of extensive negotiations between DCBS and representatives of Jurisdiction. The provisions of this Agreement are to be interpreted and their legal effects determined as a whole. An arbitrator or court interpreting this Agreement shall give a reasonable, lawful and effective meaning to the Agreement to the extent possible, consistent with the public interest. 22. INDEPENDENT CONTRACTOR. The parties agree and acknowledge that their relationship is that of independent contracting parties and that neither party is an officer, employee, or agent of the other as those terms are used in ORS 30.265 or otherwise. 23. LIMITATION OF LIABILITY. 23.1. Jurisdiction agrees that DCBS shall not be subject to any claim, action, or liability ARISING IN ANY MANNER WHATSOEVER OUT OF ANY ACT OR OMISSION, INTERRUPTION, OR CESSATION OF ACCESS OR SERVICE UNDER THIS AGREEMENT. THE STATE SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT SPECIAL OR CONSEQUENTIAL DAMAGES SUSTAINED BY THE POLITICAL SUBDIVISION, INCLUDING, BUT NOT LIMITED TO, DELAY, INTERRUPTION OF BUSINESS ACTIVITIES, OR LOST RECEIPTS THAT MAY RESULT IN ANY MANNER WHATSOEVER FROM ANY ACT OR OMISSION, INTERRUPTION, OR CESSATION OF SERVICE. 23.2. EXCEPT FOR LIABILITY ARISING UNDER SECTION 26 NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT. NEITHER PARTY SHALL BE LIABLE FOR ANY DAMAGES OF ANY SORT ARISING SOLELY FROM THE TERMINATION OF THIS AGREEMENT OR ANY PART HEREOF IN ACCORDANCE WITH ITS TERMS. 24. FORCE MAJEURE. Neither DCBS nor Jurisdiction shall be held responsible for delay or default caused by fire, civil unrest, labor unrest, natural causes, or war which is beyond the reasonable control of DCBS or Jurisdiction, respectively. Each party shall, however, make all reasonable efforts to remove or eliminate such cause of delay or default and shall, upon the cessation of the cause, diligently pursue performance of its obligations under this Agreement. 8 IGA # XXXXXXXX 25. TIME IS OF THE ESSENCE. Time is of the essence in the performance of all under this Agreement. 26. INDEMNITY 26.1. Indemnification by Jurisdiction. To the full extent authorized by statute or charter, the Jurisdiction shall indemnify, defend, and hold harmless the State of Oregon and the Department of Administrative Services, its officers, divisions, agents, employees, and members from all claims, suits, or actions of any nature arising out of the negligent acts or omissions of the Jurisdiction, its officers, contractors, agents or employees under this agreement. 26.2. Indemnification by DCBS. Subject to the limitations and conditions of the Oregon Tort Claims Act, ORS 30.260 through 30.300, and Article XI, Section 7 of the Oregon Constitution, State of Oregon shall indemnify the Jurisdiction and hold the Jurisdiction harmless from and against liability for damage to life, person or property arising solely from the negligence of the State of Oregon and the Department Of Administrative Services, its officers, division, agents, employees, and members in providing services to the Jurisdiction under this Agreement. Provided, the State of Oregon Shall not be required to indemnify and hold Jurisdiction harmless from liability arising in any manner from the acts or omissions of Jurisdiction, its officers, contractors, agents, or employees. 26.3. Control of defense and settlement. Jurisdiction shall have control of the defense and settlement of any claim that is 26.1; however, neither Jurisdiction nor any attorney engaged by Jurisdiction shall defend the claim in the name of the State of Oregon or any agency of the State of Oregon, nor purport to act as legal representative of the State of Oregon or any of its agencies, without first receiving from the Oregon Attorney General, in a form and manner determined appropriate by the Attorney General, authority to act as legal counsel for the State of Oregon, nor shall Jurisdiction settle any claim on behalf of the State of Oregon without the approval of the Attorney General. The State of Oregon may, at its election and expense, assume its own defense and settlement in the event that the State of Oregon determines that Jurisdiction is prohibited from defending the State of Oregon, or is not adequately defending the State of Oregon's interests, or that an important governmental principle is at issue and the State of Oregon desires to assume its own defense. 26.4. Responsibility for own acts. Except as specifically provided in this Agreement, each party shall be responsible, to the extent required by law (including the Oregon Tort Claims Act, ORS 30.260-30.300)only for the acts, omissions or negligence of its own officers, employees or agents. 27. AGREEMENT DOCUMENTS IN ORDER OF PRECEDENCE. This Agreement consists of the following documents that are listed in descending order of precedence: This Agreement less all exhibits; Exhibit A - Jurisdiction Obligations Exhibit B - Implementation Methodology 9 IGA # XXXXXXX Exhibit C - ePermit License Agreement Exhibit D - ePermit Contract (not attached, but made available to Jurisdiction Exhibit E - (Work Order, if applicable) All attached and referenced exhibits are hereby incorporated by reference. 28. MERGER CLAUSE. This Agreement and attached exhibits constitute the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. No waiver, consent, modification or change of terms of this Agreement shall bind all parties unless in writing and signed by both parties and all necessary State approvals have been obtained. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. The failure of DCBS to enforce any provision-of this Agreement shall not constitute a waiver by DCBS of that or any other provision. 10 IGA # XXXXXXXX JURISDICTION, BY EXECUTION OF THIS AGREEMENT, HEREBY ACKNOWLEDGES THAT JURISDICTION HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. A. Jurisdiction By: Date: Printed Name: Larry Patterson Title: City Administrator B. State of Oregon,-Acting by and through its Department of Consumer and Business Services By: Date: Printed Name: Patrick M. Allen, or delegate Title: Interim Administrator, Building Codes Division C. State of Oregon, acting by and through its Department of Consumer and Business Services By: Date: Printed Name: Sarah L. Roth, or delegate Title: DCBS Procurement Officer IGA #XXXXXXXX Exhibit A Jurisdiction Obligations Jurisdiction Software As part of the state hosted system, any software being used by Jurisdiction to support either the building permitting system or any supplemental products being purchased from Accela, must be compatible with the Accela product. Product Features Jurisdiction agrees to offer online inspection scheduling for permits in an appropriate status. Jurisdiction agrees to offer online submittal of plan documents at appropriate point(s) in the application process as dictated by the Jurisdiction's workflow associated with each record type. Permit Numbering Scheme. As a full service participant, Jurisdiction agrees to include the three dbit prefix to all permits covered by and processed through ePermitting system. Permits for any supplemental products purchased through Accela, hosted in the State of Oregon environment and being serviced through the State of Oregon ePortal must also use the three-digit prefix in the permit number. Permits for supplemental products purchased througi Accela that will not be hosted or maintained on the Oregon platform and that are not serviced through the State of Oregon ePortal are not required to use the three-digit prefix. Status and Result Codes. All status and result codes such as inspections, plan review, permit issuance status will be pursuant to a statewide uniform system. Jurisdiction shalt only use the unform status and result codes. Inspection Codes. Inspection types for code required inspections must be consistent throughout the state. Unique inspection types must be requested through and assigned by the ePermitting staff. Supplemental Products Purchased by Jurisdiction through Accela. Any supplemental product such as, but not limited to, Land Use, Enforcement, Licensing or other services, are licensed directly to Jurisdiction by Accela. Support services for the supplemental products fall outside of the scope of this Intergovernmental Agreement and are therefore provided through direct agreement with Accela or other service provider. Installation of supplemental products onto the State hosted servers cannot occur before the State ePermitting team begins active development of the building permitting module. Version (Product) updates. Migration from one product version of Accela Automation to another produd version will be regulated and coordinated through DCBS. Supplemental products will be required to migrate to the same version of the product atthe same time as the product version for the building product module. 12 IGA # XXXXXXXX Exhibit B Implementation Methodology Your I" 1 to building Oregon Full Service ePermitting Project Approach and Methodology Version 1.2 December 23, 2009 rYour &w4 to building Oregon Project Approach and Methodolog IGA # XXXXXXXX Table of Contents Tableof Contents ..................................................................................................... 2 DocumentControl......................................................................................................... 3 Overview...........................................:............................................................................ 4 Description of Methodology......................................................................................... 5 SuccessFactors............................................................................................................ 5 Approach....................................................................................................................... 6 Implementation Methodology-Definitions.................................................................. 6 Stage1 —Initiation.......................................................................................................... 7 Stage1 Objectives..........................................................:............................................. 7 Stage1 Activities........................................................................................................... 7 Stage1 Deliverables................................................:.................................................... 8 Stage2—Analysis ........................................................................................................ 8 Stage2 Objectives........................................................................................................ 8 Stage2 Activities........................................................................................................... 9 Stage2 Deliverables.................. .................................................................................. 9 Stage3:Configuration ................................................................................................. 9 Stage3 Objectives........................................................................................................ 10 Stage3 Activities........................................................................................................... 10 Stage3 Deliverables...................................................................................................... 10 Stage4: Build................................................................................................................ 10 Stage4 Objectives........................................................................................................ 10 ... Stage 4 Activities.................................................. ...................................................... 11 Stage4 Deliverables...................................................................................................... 11 Stage5—Readiness...................................................................................................... 11 Stage5 Objectives....................................................................................:................... 12 Stage5 Activities........................................................................................................... 12 Stage5 Deliverables...................................................................................................... 12 Stage6—Deploy............................................................................................................ 12 Stage6 Objectives........................................................................................................ 13 Stage6 Activities........................................................................................................... 13 Stage6 Deliverables...................................................................................................... 13 14 1 Your f+n! to building Oregon IGA # XXXXXXXX Document Control Date Author Version Change Reference 1.0 Original 12122/2009 Ean Darbo 1.1 Edits to Implementation Methodology Definitions 12/2312009 Lori Graham 1.2 Formatting edits 15 r/ Your fw.(c to building Oregon -� Project Approach and Methodology IGA # XXXXXXXX Overview The State of Oregon (State) has partnered wth Accela to deliver a new software package which will better serve the constructbn community, cities, and counties (Jurisdictions) across the State. AI ePermitting services will be hosted,with internet access to participating jurisdictions. Three.levels of service will be offered: Basic Service (Quick Permits), Full Service (COTS/Complete), and Integrated Service. The Full Service level will include automated building permit management, a public user web portal, telephone voice response inspection scheduling system (IVR), wireless inspection module for field use, integration to geographic information systems (GIS), and the potential to interface to other existing 3rd party systems such as Financial or Document Management systems. Each Jurisdiction that chooses to partcipate in the ePerrritting program will receive implementation services designed to assist with the implementation of the program. The implementation team will typically be comprised of State implementation staff in addition to a Jurisdiction's own information technology staff. In advance of every implementation, a Jurisdiction will complete a business analysis of their current system thereby expediting the process.The level of support required by the State will vary from jurisdiction to jurisdiction depending on the in-house technology personnel expertise. The types of services that may typically be provided include: Documentation and analysis of current business practices CAP type (permit) and workflow development IVR set-up Conversion of existing data Setup of document management system Training of jurisdictional staff The Full Service implementation will occur across six stages: Project Initiation, Analysis, Configuration; Build, Readiness, Testing, and Deploy. This implementation methodology provides a scalable and consistent manner for all required activities to occur. Detaied discussion of this six stage approach s included below, and includes information on what a Full Service Jurisdiction can expect in terms of objectives, activities, and deliverables. This staged approach includes periodic review of our Deployment Strategy to ensure a successful launch. Each project stage is marked with entry conditions and exit conditions; status meetings, sign-off requirements, and detailed documentation of these conditions eliminate the potential of oversight and error. 16 Your ls.[c to building Oregon Project Approach and Methodology IGA # XXXXXXXX Description of Methodology The implementation period is a highly critical time; it sets the tone for the Jurisdiction's ongoing use of the Accela Automation system. A thorough and well-managed implementation will result in the Jurisdiction's successful use of the solution. To confirm that our implementation is on time and within budget, the State d Oregon implementation team will be on site and will lead ongoing project management services, in partnership with Jurisdiction staff. Together, the collective project team (State of Oregon and Jurisdiction project staff)will plan and monitor execution of the project in accordance with deliverables outlined in the Statement of Work. A successful implementation is vital to the Jurisdiction's long term operation of Accela Automation. In addition to configuring and installing the system, the implementation period is the time when administrators, users, and power users are trained in their use of the system. This is also that time when Jurisdiction business processes areanalyzed, optimized and adjusted to leverage the full benefit of Accela Automation. Although levels of staff involved with each implementation vary, based on the nurrber of users, the amount of data to be converted, the modules selected, and the level of configuration required, we have included estimated requirements regarding the project team participation later in this document. Success Factors Project implementation will be a collaborative effort between the State project team and the Jurisdiction project team. Within this process, we define three key factors that will impact our success: 1. Knowledge Transfer - It is critical that Jurisdiction personnel participate in the analysis, configuration and deployment of Accela Automation. The State team will transfer knowledge to Jurisdiction staff, Empowering system administrators, power users, and users tobe self-sufficient in its supportof Accela Automation. These individuals will serve as the Jurisdiction's liaison to the State supportteam,and will work with these support personnelto troubleshoot and resole any issues that may arise. 2. Dedicated Jurisdiction Participation —Jurisdiction staff, along with the State team must be actively involved throughout the entire duration of the implementation, within the parameters of their specific project roles. To keep project stakeholders apprised of progress, Project Status Reports will detail participation, or lack thereof, of Jurisdiction and State resources, as well as the corresponding impact(s). We understand that Jurisdiction staff members have daily responsibilities, and we will work closely with Jurisdiction representatives to create a Projed Plan that is reasonable and appropriate with regard to the commitments placed on the Jurisdiction team. The time that these key individuals dedicate in this implementation is a valuable investment in Jurisdiction's long-term success. 17 IGA # XXXXXXXX 3. Milestone Sign Off Process — Progress on this project will be measured and documented through signoff of milestone criteria. Often, future milestones may be dependent on timely review and acceptance of preceding deliverables. Delays in the acceptance of a single deliverable have the potential to impact the startup or completion of subsequent milestones and may cause a shift in the overall project timeline. Approach The State's implementation methodology is comprised of six stages, each with its own project objectives, activities and defined deliverables. Each stage of the implementation is managed using a detailed project plan that is defined to meet each Jurisdiction's goals and objectives. The graphic below identifies this methodology and its related stages. t°J Review C,osls and si a:;Fe.ix?�`dfi^ - &'s.'. ?rs,^nnd a"t.ot attr'P��J Plan Ptt;(ect Salw,r-^ -:. v f':•e�are;cti G. t .e F.tru,:r•.an Serrr�c'r The sections following describe what a Jurisdiction can expect from each of these stages. For clarity, each stage is defined by specific Objectives, Activities, and Deliverables. Definitions of these terms are included in the table below. Implementation Methodology - Definitions Definition Expectations At the completion of each stage, the Jurisdiction/State The defined purpose and project management team will review the appropriate Objectives expected achievements of objectives to ensure that the defined objectives have the stage. been successfully achieved. Identifies the tasks to be Activities drive the daily operations of the project performed in order to implementation and follow the format of the project Activities achieve the defined plan.Activities are closely monitored to determine objectives. their project status and progress. The tangible result that will be delivered at the end Deliverables are material artifacts that represent the stage.A project defined objectives and are the result of Activities. Deliverables deliverable can be The deliverables represent the objectives of the stage anything from a completed in a substantive manner whereby the project success document,a presentation, can be evaluated and approved. or configured system. 18 / Your C + k L'a to building Oregon IGA # XXXXXXXX Stage 1 —Initiation The initiation stage is arguably the most critical stage of the project implementation, because this stage sets the tone for the entire implementation by defining expectations and guidelines for all stages. During the project initiation stage, the State and jurisdiction Project Managers will complete a thorough review of the project scope, objectives, deliverables, and timeframe. This review leads to the creation for a formal Project Charter and a comprehensive Project Plan. In addition, all project management tools and templates— including a Project Status Report, Issues and Risk Management Log, Milestone Acceptance, and Change Order—will be defined and agreed upon. The Initiation stage will culminate with a Project Kicloff Meeting in which the Project Mangers review the core objecti✓es of the project with all project participants and stakeholders. Stage 1 Objectives • Establish a detailed project approach for the specific business needs of the Jurisdiction. This is manifested in the.development of a project team and each member's role and responsibility is clearly defined. This team will develop detailed project plan, a, resource/task assignment list, and an associated project timeline. • Develop a strong communication plan that includes status meetings, progress tracking and reporting mechanisms, issue/risk management plans, budget management and resource management plans. • Review and approval of all project deiverables, defined within the content of their associated stage objectives. • Identify all project milestones as theyrelate to project stages. Project milestones include approval and sign-off requirements. Stage 1 Activities • Meet with all departmental stakeholders to discuss the overall project approach, and communicate specific departmental expectations. This includes identifying departmental team leads and reviewing project communication plans. • Review project scope and create a project plan that identifies all resources needed for specific plan tasks. • Establish a project communication schedule that outlines project status meetings and project progress and reporting procedures. • Identify potential areas of risk and create a risk management plan. • Establish the formal review and approval procedures for all deliverables, milestones and project completion activities. 19 r/ Your f+4 L to building Oregon IGA # XXXXXXXX Stage 1 Deliverables Project Charter—A comprehensive deliverable that defines how the projectwill be managed and executed for each of the subsequent stages of the project. This document details all functional areas of the proect implementation. This document includes Jurisdiction specific project approach and related plan, project organization and roles/responsibilities matrix, a communication plan, and the issue/risk management plan. In addition, the charter outlines how deliverables, milestones, and change control procedures are addressed throughout the lifecycle of the project. Baseline Project Plan—A project timeline that details the dates and duratbns of system implementation activities. This plan serves as the roadmap for all implementation activities and includes dates of status meetings and executive committee meetings. This plan serves as the main calendar to track all events related to this project. Project Management Template — State and Jurisdiction Project Managers will agree on the tools and templates that will be used to manage the project.These typically include the Project Status Report,lssues and Risks Management Log, Milestone Acceptance and Change Order. However, additional tools and templates may be used depending on the individual project needs. Project Initiation Kickoff Meeting and Product Demonstration— State and Jurisdiction project managers will hold a project lack-off meeting to review the project charter and plan with all project participants and stakeholders. Stage 2 — Analysis The Analysis phase affords the opportunity to understand and defne the business processes that are currently in place, the vision of future business processes once Accela Automation is installed, and where and how these two sets of processes vary. This process takes shape through a series of Requirements Workshops held with each participating department during which system requirements are discussed. These requirements are analyzed for the configuration of Accela Automation and include details such as in-scope data conversions, interfaces and reports. Stage 2 Objectives Identify the detailed system requirements for each Record type and for all in-scope interfaces. Work with Jurisdiction to prepare detailed requirements for in-scope data conversion activities. Define departmental reporting needs and their purpose. Identify resources needed lo report development,and provide a list of recommended reports(hdudM custom documents/letters/reports) defined as in-scope (both standard and the required number of custom), pursuant to the Scope of Work. Creation of system test plan which verifies the system configuration and confirms functionality within departmental requirements. 20 IGA # XXXXXXXX Stage 2 Activities • Collect and chart each business process as a basis for configuration in Accela Automation's workflow tool. • Collect employee names and associated roles for establishing user groups. • Document existing permit and application numbering schemes and determine their appropriateness for the new system. • Collect and document intake requirements, forms, and data fields for each case/business process type. • Collect and document output requirements (documents/letters/reports). • Collect and document fees, fee schedules, and collection procedures for each case/business process type. • Collect and document all required inspections and inspection result options for each case/business process type. • Provide.assistance in identifying potential data elements that should be mapped into the Accela Automation application from those identified in-scope data sources. • Work with jurisdiction to identify required fields to be mapped to existing agency systems that are identified as "required interfaces" pursuant to the Scope of Work. • Conduct workshops with each department's management team to discuss potential organizational impacts associated with enhanced workflows and job functions. • Develop training requirements for user groups within each department. • Prepare and review a High-Level System Testing Plan for each department. Stage 2 Deliverables • Software Configuration Document—The blueprint for configuring the Accela Automation system. This document that outines all business rules and workflows required by the jurisdiction and details the data conversion, reporting, and infrastructure requirements to successfully deploy the application. Stage 3: Configuration Using the Software Configuration Document delivered at the end of the Analysis stage, the implementation team configures the Accela Automation application to the jurisdiction's requirements. This process includes configuration of all defined Record types and associated workflows. Completion of Stage 3 occurs after Stage 4. At the completion of this stage, the development/ configuration work of the application, reports, interfaces and data loading routines will be completed and the system tested by the Project Team. 21 I Your 14 to building Oregon J= Project Approach and Methodology IGA # XXXXXXXX Stage 3 Objectives • Successfully complete the configuration and testing of the Accela Automation system to meet the in-scope requirements of the project. • Train and work with jurisdiction staff that will develop and test the data conversion programs used to migrate data from in-scope data sources into Accela Automation. • Prepare Accela Automation for transition to a Production Environment. Stage 3 Activities • Identify and configure all application types and associated workflows within Accela Automation. • Configure and test the application in a test environment to the specifications detailed in the System Configuration Document. • Conduct review sessions with the departments throughout the configuration process to ensure the application look and feel and workflow functions are meeting the expectations of the jurisdiction. Stage 3 Deliverables • Configuration of in-scope activity/application/ transaction/etc. types (includes workflows and statuses, user defined fields, fee structures, business rules, etc.)The system will be fully configured to meet the jurisdiction's specific business rules and processes. Stage 4: Build As the system is being configured, the Accela Automation application is loaded on Oregon's support hosting environment. This stage includes development of system integration links, event scripts, in-scope reports, and data conversion/migration programs as defined by the final Scope of Work between the State of Oregon and the jurisdiction. Although the majority of stage 3 occurs before Build, configuration activities do not end until after the Build stage is completed. Stage 4 Objectives • Successfully install the purchased modules/peripherals of Accela Automation on the jurisdiction's Support environment. • Work with jurisdiction staff to train individuals on how to ensure data converson mappings are accurate aid schedules are in-line with required data bads for system and user acceptance testing cycles • Evaluate technology infrastructure for compliance with Accela Automation's technical standards, specifications, and requirements. • Map, review, and convert/migrate all system data into Accela Automation. • Develop and test all in-scope interfaces, event scripts, and reporting. 22 / Your &t,4 to building Oregon Project Approach and Methodology IGA # XXXXXXXX Stage 4 Activities • Assess Support envi�onment to ensure that the required infrastructure components meet all requirements to support the Accela software. • Make recommendations(if necessary)for upgrades to the Support environment as required to support the Accela software installation. • Review technology infrastructure for purposes of assessing its compliance with the system requirements of Accela Automation. • Install all purchased Accela Automation modules on the Support environment. • Review the requirements for the data conversion activities to ensure proper mapping of data fields into the Accela Automation applications. • Work with designated jurisdiction staff to Lain individuals in the development and system testing of the data conversion/migration programs necessary to convert data from in-scope legacy applications and load the data into the Accela application. • Configure/develop and system test the standard and custom in-scope reports per the Requirements Definition specifications. • Develop and test the application integration programs necessary to link the Accela Automation application to the in-scope jurisdiction legacy systems. In addition, the State team will communicate with the jurisdiction's IT department to confirm the proper enhancements to the legacy systems are made to allow for the integration With the Accela application. • Successfully configure/build and test in-scope reports. • Test all installed Accela Automation modules. Stage 4 Deliverables • Event Script Development— Any in-scope event scripts are developed in this stage to realize the workflow requirements and business rules identified in the Statement of Work. • Report Specifications and Development — All in-scope reporting is developed in this stage to realize the reporting requirements identified in the Statement of Work. • Data Conversion Specifications and Development—Train jurisdiction staff in all in-scope data conversion identified in the Scope of Work. • Interface Specificationsand Development—All in-scope interfaces are built in this stage to realize the interface requirements identified in the Scope of Work. Stage 5 — Readiness System readiness is the last implementation stage prior to deployment and affords the State and Jurisdiction the time needed to testthe system, train all users, and preparefor system deployment. User acceptance testing plans are developed, approved, and executed during this stage. The Jurisdiction will be required to sign-off at the completion of this phase as confirmation that the requirements of the system have successfully been met. 23 IGA # XXXXXXXX Stage 5 Objectives Develop and execute a User Acceptance Test Plan to ensure their requirements are met. Successfully execute the User Acceptance Test Plan and gain approval and signatures confirming that the terms and conditions of the system have been met. Complete all User Acceptance Test activities; documented plan must be executed by jurisdiction prior to Stage 6: Deployment. Stage 5 Activities Execute the User-Acceptance Test Plan to ensure the requirements of the jurisdiction have been met by the new system. Schedule, conduct, and document results of testing sessions with each participating department to execute the User Acceptance Test Plan. If necessary, corrections deemed to be in-scope will be made to the system. Schedule an executive session to review the successful completion of the User Acceptance Test Plan and gain signature that the system meets the in-scope requirements of jurisdiction. Gain approval to execute the Deployment Plan. Schedule training sessions. Conduct training on Accela Automation for the specified user groups (includes end user training, administrative and maintenance training)on their enhanced workflows utilizing the new Accela application (business operations training). Stage 5 Deliverables User Acceptance Testing—A jointly developed User Acceptance Plan will be developed. This plan identifies what criteria must be met in order for the System to be "accepted", and is used as a guideline in User Acceptance Testing. Approval of completion of this deliverable represents that the agency is confirming that the team has successfully met the requirements of the new system per the Scope of Work and the system is ready to be deployed in production. End User Training —With the system configured and built on a support environment, specific user groups are trained in the use of Accela Automation, as appropriate for their specific function. This training includes how their daily responsibilities and workflows are enhanced by the Accela application (business operations training). Stage 6 — Deploy The final stage of the project — Deploy — is marked by the transition of Accela Automation to a production IT environment. All necessary go-live activities are identified, executed, documented and renewed. An analysis of this process occurs, in conjunction with a review of the Scope of Work to ensure that all requirements have been met. Once deployed, the agency may begin to use the system in their day-to-day 24 r Your l to building Oregon IGA # XXXXXXXX activities. Upon completion of Stage 6, all support functions transition to the Helpdesk. Stage 6 Objectives • Completion of successful training on the use and maintenance of the new Accela application. • Successfully deploy the Accela application into the production environment • Jurisdiction begins to use the system in their day-to-day activities. Stage 6 Activities • Complete all training for the specified user groups. • Execute the Deployment Plan, whereby installing and "going live"with the new system in the agency's production environment. • Schedule an a)ecutive session to review the activities and results of deployment, and gain agreement that the project has been successfully completed. Stage 6 Deliverables • Go-Live Checklist Development, Tracking and Execution—A document detailing all go-live required activities, timelines and execution. • Go-Live—Accela Automation is fully transitioned to the production environment and ready for daily use. • Post Go-Live Analysis —A review of all activities detailed in the Go Live Checklist and confirmation of project completion. • Transition to the Helpdesk for Ongoing Support—The process whereby the Accela Automation application is transitioned to the helpdesk for ongoing support. This includes training jurisdiction staff on the many ways to contact and interact with the Helpdesk, as well as the transition of all documented issues and requests from the implementation team to Helpdesk staff. 25 IGA#XXXXXXXX Exhibit C Software License Agreement Note: DCBS through the ePermit Contract has the right to permit Jurisdictions to use the ePermit System software as set forth in Exhibit G, License Agreement, of the ePermit Contract. While the entire software license agreement between the State and Accela, Inc., including the added language in Amendment 7, has been provided here for continuity and ease of use, a participating city or county is only bound by Sections 3.1, 3.2, and 4 as specified in this Agreement. 1. Parties ACCELA CUSTOMER Accela, Inc. State of Oregon Department of Consumer& Business Services P.O. 2633 Camino Ramon, Suite 120 Box 14470 Bishop Ranch 3 San Ramon, California 94583 Salem, OR 97309 Attention: Contracts Administration T: Attention: Building Codes Division T: 925.659.3200 (503)378-4100 F: F: 925.407.2722 (503)378-3989 e-Mail:contractsadmin @accela.com a-Mail: patdck.allen @state.or.us This License Agreement("LA") is intended for the exclusive benefit of the Parties; except as expressly stated herein, nothing will be construed to create any benefits, rights, or responsibilities in any other parties. 2. Term and Termination 2.1 Term Provided that Customer signs and returns this LA to Accela no later than August 8, 2008, this LA is effective as of the date of Customers signature ("Effective Date") and will continue until terminated as provided herein. 2.2 Termination Either party may terminate if the other party materially breaches this LA and, after receiving a written notice describing the circumstances of the default, fails to correct the breach within thirty (30) calendar days. Upon any termination or expiration of this LA, all rights granted to Customer are cancelled and revert to Accela. 3 Intellectual Property 3.1 License The software products ("Software') listed in Exhibit A are protected under the laws of the United States and the individual states and by international treaty provisions. Accela retains full ownership in the Software and grants to Customer a perpetual, limited, nonexclusive, nontransferable license to use the Software, subject to the following terms and conditions: 3.1.1 The Software is provided for use only by Customer employees. For the purposes of subsections 3.1, 3.2 and Sectbns 4 ands of this LA, Customer means: i) the individual Jurisdiction with respect to is use of the Software, provided that the licensing fee has been paid for such Jurisdiction, and i) the State of Oregon acting by and through its Department of Consumer and Business IGA #XXXXXXXX Services with respect to its use of the Software. 3.1.2 The Software may be installed on one or more computers but may not be used by more than the number of users for which the Customer has named user licenses. For the purposes of this License Agreement, the Customer has unlimited use, per department, of any license covered by this agreement. The Software is deemed to be in use when it is loaded into memory in a computer, regardless of whether a user is actively working with the Software. Accela may audit Customers use of the Software to ensure that Customer has paid for an appropriate number of licenses. Should the results of any such audit indicate that Customer's use of the Software exceeds its licensed allowance, Customer agrees to pay all costs of its overuse as determined using Accelas then-current pricing; any such assessed costs will be due and payable by Customer upon assessment. Customer agrees that Accelas assessment of overuse costs pursuant to this Subsection is not a waiver by Accela of any other remedies available to Accela in law and-equity for Customer's unlicensed use of the Software. 3.1.3 Customer may make backup copies of the Software only to protect against destruction of the Software. 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"Trade Secret" has the meaning set forth in ORS 192.501(2) 3.1.4 Customer may not make any form of derivative work from the Software, although Customer is permitted to develop additional or alternative functionality for the Software using tools and/or techniques licensed to Customer by Accela. 3.1.5 Customer may not obscure, alter, or remove any confidentiality or proprietary rights notices. 3.1.6 Subject to the limitations of Article XI, § 7 of the Oregon Constitution and the Oregon Tort Claims Act (ORS 30.260 through 30.300), Custoner is liable to Accela for any direct damages incurred as the result of unauthorized reproduction or distribution of the Software which occur while the Software is in Customer's possession or control. 3.1.7 Customer may use the Software only to process transactions relating to properties within both its own geographical and political boundaries and in counties contiguous to Oregon with populations below 100,000. Customer may not sell, rent, assign, sublicense, lend, or share any of its rights under this LA. 3.1.8 Customer is entitled to receive the Software compiled (object) code and is licensed to use any data code produced through implementation and/or normal operation of the Software; Customer is not entitled to receive source code for the Software except pursuant to an Intellectual Property Escrow Agreement, which may be executed separatelyby the Parties. Accela and Customer will execute an Intellectual Property Escrow Agreement within 30 days of Contract execution. IGA #XXXXXXXX 3.1.9 All rights not expressly granted to Customer are retained by Accela. 3.1.10 Customers are allowed unlimited use, per department of software products listed in Exhibit A, for in-scope record type categories defined in Attachment 1 to this LA In addition each customer is allowed five (5) additional record types for activities that fall outside of the in-scope record type categories defined in Attachment 1 to this L.A., are delivered under the Building Department and are submitted to and approved by DCBS. 3.2 License Warranties 3.2.1 Accela warrants that it has full power and authority to grant this license and that, as of the effective date of this LA, the Software does not infringe on any existing intellectual property rights of any third party. If a third party claims that the Software does infringe, Accela may, at its sole option, secure for Customer the right to continue using the Software or modify the Software so that it does not infringe. Accela expressly agrees to defend, indemnify, and hold Customer harmless from any and all claims, suits, actions, losses, liabilities, costs, expenses, including attorneys fees, and damages arising out of or related to any claims that the Software, or the Customers use thereof, infringes any patent, copyright, trade secret, trademark, trade dress, mask work, utility design, or other proprietary right of any third party; provided, that Customer shall provide Accela with prompt written notice of any infringement claim. Accela will have the sole right to conduct the defense of any legal action and al negotiations for its settlement or compromise; provided, however, Accela shall not settle any claim against the Customer with the consent of Customer. 3.2.2 Accela has no obligation for any claim based upon a modified version of the Software or the combination or operation of the Software with any product, data, or apparatus not provided by Accela, with the exception of those products identified in Exhibit J. Accela provides no warranty whatsoever for any third-party hardware or software products. 3.2.3 Except as expressly set forth herein, Accela disclaims any and all express and implied warranties, including but not necessarily limited to warranties of merchantability and fitness for a particular purpose. 3.3 Compensation 3.3.1 License Fees In exchange for the Software described hereinabove, Customer will pay to Accela the amounts indicated in Exhibit A3. 3.3.2 Payment Terms Amounts are quoted in United States dollars and do not include applicable taxes, if any. The payment terms of all invoices are net forty-five (45) calendar days from the dates of the invoices. Any payment not paid to Accela within said period will incur a late payment in an amount equal to two-thirds of one percent (.66%) per month (eight percent (8% per annum), on the outstanding balance from the billing date. Accela may, at its sole discretion, suspend its obligations hereunder without penalty until payments for all past-due billings have been paid in full by Customer. All payments to Contractor are subject to ORS 293.462 fGA# XXXXX XX 4. Confidentiality 4.1 Confidentiality and Nondisclosure. Each party acknowledges that it and its employees or agents may, in the course of performing its responsibilities under this LA, be exposed to or acquire information that is confidential to the other partyor the other party's clients. Any and all information clearly marked confidential, or identified as confidential in a separate writing as confidential provided by one party or its employees or agents in the performance of this LA shall be deemed to be confidential information of the other party ("Confidential Information"). Any reports or other documents or items (including software)which result from the use d the Confidential Information by the recipient of such information shall be treated with respect to confidentiality in the same manner as the Confidential Information. Confidential Information shall be deemed not to include information that (a) is or becomes (other than by disclosure by the party acquiring such information) publicly known or is contained in a publicly available document; (b) is furnished by the party disclosing such information to others without restrictions similar to those imposed by this LA; (c) is rightfully in the receiving party's possession without the obligation of nondisclosure prior to the time of its disclosure under this LA; (d) is obtained from a source other than the discloser without the obligation of confidentiality, (e) is disclosed with the written consent of the disclosing party, or; (f) is independently developed by employees or agents of the receiving party who can be shown to have had no access to the Confidential Information. 4.2 The recipient of Confidential Information agrees to hold Confidential Information in strict confidence, using at least the same degree of care that it uses in maintaining the confidentiality of its own Confidential Information, and not to copy, reproduce, sell, assign, license, market, transfer or otherwise dispose of, give or disclose Confidential Information to third parties or use Confidential Information for any purposes whatsoever other than as contemplated by this LA or reasonably related thereto, including without limitation the use by Customer of Accelas who need to access or use the System for any valid business purpose, and to advise each of its employees and Accelas of their obligations to keep Confidential Information confidential. 4.3 Each party shall use commercially reasonable efforts to assist the other in identifying and presenting any unauthorized use or disclosure of any Confidential Information.Without limitation of the foregoing, each party shall advise the other immediately in the event it learns or has reason to believe that any person who has had access to Confidential Information has violated or intends to violate the terms of this LA and each party will at its expense cooperate with the other in seeking injunctive or other equitable relief in the name of the other against any such person. 4.4 Each party agrees that, except as provided in this LA or directed by the other, it will not at any time during or after the term of this LA disclose, directly or indirectly, any Confidential Information to any person, and that upon termination of this LA each partywill turn over to the other at documents, papers and other matter in its possession which embody Confidential Information. 4.5 Each party acknowledges that breach of this Article VIII, including disclosure of any Confidential Information will give rise to irreparable injury which is inadequately compensable in damages. Accordingly, each party may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies that may be available. Each tea.#xxxxxxxx party acknowledges and agrees that the covenants contained herein are necessary for the protection of the legitimate business interests of the other and are reasonable in scope and content. 4.6 Customers obligations under this Article VIII shall be subject to the Oregon Public Records Laws, ORS 192.410 through ORS 192.505. END OF DOCUMENT IGA # XXXXXXXX Exhibit E Work Order Contract Under the terms and conditions of the ePermit System Agreement, DCBS has the ability to enter intoa Work Order Contract for inplementation services. Should implementation services be used for the implementation of a specific partidpating city or county, the provisions of that agreement will be provided here. A Work Order Contract is not being used to implement this jurisdiction. CITY OF ASHLAND Council Communication Grant Application for Certified Local Government— Historic Preservation Grant Meeting Date: February 21, 2012 Primary Staff Contact: Bill Molnar Department: Community Development E-Mail: molnarb@ashland.or.us Secondary Dept.: None Secondary Contact: Amy Gunter Approval: Larry Patter Estimated Time: Consent Question: Will the Council authorize staff to apply for a Certified Local Government (CLG) grant from the State Historic Preservation Office (SHPO) for the continued operation of the City of Ashland's historic preservation program and to facilitate the City's Comprehensive Plan Goal to preserve historically significant sites and structures? Staff Recommendation: Staff recommends Council approve staffs request to apply for Local Government (CLG) grant from the State Historic Preservation Office (SHPO). Background: The project includes the following objectives. • Creation of public education documents using the Historic Brief and other information from the previous CLG grant cycle where residential standards for Site Design and Use Standards Section IV were updated with graphics and 'white papers'. • Creation of brochures, postcard mailers, handouts and interpretive panels regarding the value of historic preservation. • Historic Preservation month activities including guest speakers, a workshop, two guided tours and local preservation awards. The City of Ashland is a Certified Local Government and has been "Certified" by the State Historic Preservation Office (SHPO) and the National Park Service for preservation partnerships between the local agency, the state and the national governments focused primarily on promoting historic preservation at a grass roots level. The SHPO is currently offering grant awards for 2012-2013. Applications are due on February 23, 2012, and are awarded on a non-competitive, first come, first served basis. The project is anticipated to take 12 months, with a projected timeline of April 1, 2012 to April 2013. The deadline for expending grant funds is April 30, 2013. The total project cost is projected to be $28,989.60 with $14,494.80 in grant funds requested and matching funds provided through in-kind staff and commissioner evaluation, review of deliverables, and performance of Historic Preservation Month activities. Related City Policies: Ashland Comprehensive Plan Ashland Land Use Ordinance Page ] o1`2 1L, CITY OF -ASHLAND Historic Preservation Plan Council Options: Move to ratify the submission of the application for a Certified Local Government (CLG) Historic Preservation grant to the State Historic Preservation office (SHPO) for the creation of public information handouts, brochures and other educational documents, Historic Preservation month activities and conference attendance. Move to direct staff not to move forward with the application for a Certified Local Government (CLG) Historic Preservation grant to the State Historic Preservation office (SHPO) for the creation of public information handouts, brochures and other educational documents, Historic Preservation month activities and conference attendance. Attachments: CLG Grant Application Historic Preservation Plan (Entire document available on City of Ashland Website) http://www.ashland.or.us/files/HistoricPreservationPlan.pdf Page 2 of 2 11VALAA State Historic Preservation Office CLG Grant Application 2012-2013 Grant Cycle The purpose of the CLG grant program is to assist local governments with their historic preservation programs. The grant is composed of federal and state funds, and requires a 50/50 match of local funds or donated services/supplies,including staff and preservation commission members' tune. Grants are restricted to local governments "certified" by the State Historic Preservation Office and the National Park Service. Grants are awarded on a non-competitive basis in order to ensure that all local programs benefit. Grant awards may be less than requested in the grantee's application. Maximwn grant awards are expected to be $14,500 based on fund availability. Mail, fax or email both sections of the completed application no later than February 24,2012 to: State Historic Preservation Office Attention: Kan Gill 725 Summer Street NE,Suite C Salem OR 97301 i Notification of grant awards will be made by late March,with contracts available for a start date of April 1 st. For assistance, contact Kurt Gill,503-986-0685,Kuri.Gill @state.or.us. I. APPLICANT INFORMATION & BUDGET SUNIMrARY First Name: Amy Last Name: Gunter Organization: City of Ashland ' i Address:20 E. Main Street City: Ashland State:OR Zip:97520 Phone: (541)552-2044 Fax: (541)552-2050 Lmail:guntera @ashland.or.us Names of State Legislators: Senate: Sen.Alan Bates House: Rep.Peter Buckley i Grant Request: $14,494.80 This amount is reimbursable. Local Match: $14,494.80 Same as grant request.* i Proposed Total Project Budget$28,989.60 Grant Request + Local Match (Same as Item 11 in Section ll) Match Sources: Staff time (General Fund) Historic Commissioner time (Volunteer hours) *In order to simplify record keeping,SHPO requests that CLGs show only a 1:1 local match on the application. Any over match can be recorded separately and submitted with the end of grant cycle report. Federal funds may not be used for match,excluding CDBG funds. SUBNIISS10N CERTIFICATION:The signers below certify the intent of the Local Government to carry out the proposed objectives and commitments in this application,if approved for funding by SHPO. Signature: Date: February 24,2012 Authorized Representative Signature: Dale Shostrom Date: February 8,2012 Landmarks Commission Chair(recommended) SECTION II: PROPOSED SCOPE OF WORK - Complete the sections that apply to your proposed activities for this grant cycle. Please be specific in explaining your proposed projects, particularly in estimating costs and describing the quantity and quality of the "products" your project will generate. If you would like to show a match beyond the 1:1 required match,place that amount in the "Over Match" field in each budget section. SHPO staff will be available for guidance before your projects begin.The current federal maximum per hour that can be paid by grant or match for staff or consultants is $87.82/hr in Portland Metro area and$83.54 elsewhere. 1. PROGRAM ADMINISTRATION These costs are related specifically to management of the grant. Please feel free to add additional lines for clarity. Total for this section must not exceed 15%of the grant amount. Scope of Work -Include staff and tasks involved. Planner and administrative support to process tracking,reporting and billing Professional Contractor or Consultant Volunteer Time ($8.50/hour) Staff $1,633.95 List position &wage:Planner($36.31/hr.);Administrative Support($30.56/hr.) Travel ($.51/mile) Materials &Equipment Printing,Design,etc. Other: Expected Over Match:$1,633.95 Total: $1,633.95 2. RECONNAISSANCE LEVEL SURVEY Systematic architectural survey conducted by qualified consultants or archaeological survey conducted by qualified archaeologists. (See professional requirements in Appendix A.) Architectural survey products must meet the standards required in"Guidelines for Conducting Historic Resource Surveys in Oregon"(current version). The survey time per building is approximately 10-20 minutes. The consultant rate is usually$40-$80 per hour.Archaeological surveys must generate a survey report and appropriate site and isolate find forms required by SHPO. The documentation must meet state standards.Volunteer or student work must be supervised by a preservation professional. Scope of Work- Include timeline of project,approximate number of structures and geographic area. Not applicable to work being conducted during current grant cycle. Professional Contractor or Consultant Volunteer Time ($8.50/hour) Staff List position &wage: Travel ($.51/mile) Materials &Equipment Prindng,Design,etc. Other: Expected Over Match: Total: 3. INTENSIVE LEVEL SURVEY Historical documentation of buildings identified in the reconnaissance survey or other process,OR,systematic archaeological survey involving comprehensive survey of all areas within survey boundaries. Architectural survey products must meet the standards required in "Guidelines for Conducting Historic Resource Surveys in Oregon"(current version).Surveyors must meet professional requirements (see Appendix A). The documentation must meet state standards.Volunteer or student work must be supervised by a preservation professional. The SHPO survey data forms for each historic building average 25-50 hours to research and fill out. Consultant rates are approximately$40-$80 per hour. Scope of Work- Include timeline of project and number and description of proper lies. Not applicable to work being conducted during current grant cycle. Professional Contractor or Consultant Volunteer Time ($8.50/hour) Staff List position&wage: Travel ($37/mile) Materials &Equipment Printing,Design,etc. Other: Expected Over Match: Total: 4. NATIONAL REGISTER NOMINATIONS Involves completing forms and all supporting documentation for National Register designation of significant resources. It is best to hire a consultant to complete the forms and shepherd the document through to the National Park Service. Consultants must meet professional requirements(see Appendix A).Consultant rates are approximately$40-$80 per hour. It usually takes 100-150 hours to complete all the details for a single property nomination and up to a year to complete the process. Check with SHPO about the eligibility of properties prior to application. Scope of Work- Include timeline and brief description of properties to be nominated. Not applicable to work being conducted during current grant cycle. Professional Contractor or Consultant Volunteer Time ($8.50/hour) Staff List position &wage: Travel ($.51/mile) Materials &Equipment Printing,Design,etc. Other: Expected Over Match: Total: 5. PUBLIC EDUCATION Tours,slide presentations,lectures,brochures,books,historical markers,public events,websites,newsletters,preservation awards,etc.; must be related to preservation of historic or archaeological sites. Scope of Work- Describe project(s) including timeline, quantity, type and distribution of product. Creation of public education documents using information from the previous CLG grant cycle where residential standards for Site Design and Use Standards Section IV were updated with graphics and 'Historic Briefs'.The project will continue that education by providing historic property owners, realtors,contractors,building designers, etc. education by creating brochures,postcard mailers (1,700),handouts (1,000) and interpretive panels (2) regarding the value of historic preservation.The intent is to inform the public that they five,work and sell property in a Nationally recognized Historic District and what the value of that Historic Designation means for community pride, tourism and property values. Historic Preservation month activities including a guest speaker,a historic cemetery cleanup,two guided walking tours and local preservation awards. Creation of a Preservation month banner and posters. Professional Contractor or Consultant $2,000.00 Volunteer Time ($8.50/hour) $900.00 Staff $2,006.10 List position &wage:Planner($36.31/hr);Administrative Support ($30.56/hr) Travel ($.51/mile) Materials &Equipment $2,400.00 Printing, Design, etc. $8,000.00 Other: materials and van rental for Cemetery clean-up $350.00 Expected Over Match: Total: $15,656.10 6. PLANNING, REVIEW AND COMPLIANCE Local review of proposals for demolition,exterior alterations,and new construction projects;design review:development,publication and implementation of design standards or guidelines;revision of preservation ordinances,etc. Scope of Work - Include number of meetings and general review&compliance work planned. Staff and Historic Commission and Historic Commission Review Board weekly review of project proposals including building permits and land use approvals for development and implementation of Historic District Design Standards Professional Contractor or Consultant Volunteer Time ($8.50/hour) $5,712.00 Staff $3,645.48 List position &wage:Planner($36.31/hr);Administrative Support ($30.56/hr) Travel ($.51/mile) Materials & Equipment Printing,Design,etc. Other: Expected Over Match:$9,357.48 Total: $9,357.48 7. PRE-DEVELOPMENT Preparation of feasibility studies,working drawings and specifications for the rehabilitation,preservation and stabilization of properties eligible for or listed in the National Register. Projects must meet state and federal rehabilitation standards and should be performed by appropriate professionals(i.e.,architects or engineers;see professional requirements,Appendix A). Scope of Work-Describe project,type,method,product and timeline. Not applicable to work to be completed during the current grant cycle. Professional Contractor or Consultant Volunteer Time ($8.50/hour) Staff List position &wage: Travel ($.51/mile) Materials &Equipment Printing,Design,etc. Other: Expected Over Match: Total: 8. DEVELOPINIENT Labor and material costs for rehabilitating National Register properties(must be on the Register prior to rehab work). Most projects will likely be single activities,such as re-roofing,painting,window repair,etc. All projects should have"Predevelopment'studies completed in advance.All proposed work must meet the Secretary of the Interior's"Standards for Rehabilitation." Selection of the property,to receive the grant should be based on an open and fair selection process if it is privately owned. Scope of Work-Include property name and timeline.Please attach photos and work plan including methods and materials. [Not applicable to work to be completed during the current grant cycle. Professional Contractor or Consultant Volunteer Time ($8.50/hour) Staff Ljst position &wage: Travel ($31/mile) Materials&Equipment Printing,Design, etc. Other: Expected Over Match: Total: 10. OTHER ACTIVITIES Attendance at in-state and out-of-state historic preservation conferences,other activities that do not readily fit a category above. Please be as specific as possible and give separate dollar amount estimates for each proposed activity. Scope of Work-Describe all additional projects including timeLne;method and scope. 10ne staff and two commissioner attendance at the Oregon Heritage Conference April 26 - 28,2012 in Salem. Requires drive to Salem day ahead ot tune (480 mile round mp). Professional Contractor or Consultant Volunteer Time ($8.50/hour) $510.00 Staff $1,161.92 List position&wage:Planner($36.31/hr);Administrative Support ($30.56/hr) Travel ($.51/mile) $244.80 Materials &Equipment $240.00 Printing,Design,etc. Other: Registration,3 days/nights lodging&meals for 3 $1,260.00 Expected Over Match: $72.88 Total: $3,416.72 11. TOTAL PROJECT BUDGET (Total of items 1-10 and includes grant request and match) $30,064.25 SubrnitbyEmail Print Form i I I i I i i j i i APPENDIX A Professional Qualifications Standards Note: Consultants hired for CLG projects should meet the following qualifications. The following requirements are used by the National Park Service,and are published in the Code of Federal Regulations,36 CFR Par[61. The qualifications define minimum education and experience required to perform identification,evaluation,registration,and treatment activities.In some cases,additional areas or levels of expertise may be needed,depending on the complexity of the task and the nature of the historic properties involved.In the following definitions,a year of full-time professional experience need not consist of a continuous Year of full-time work but may be made up of discontinuous periods of full-time or part-time work adding up to the equivalent of a year of full-time experience. History The minimum professional qualifications in history are a graduate degree in history or closely related field;or a bachelor's degree in history or closely related field plus one of the following: 1.At least two years of full-time experience in research,writing,teaching,interpretation,or other demonstrable professional activity with an academic institution,historic organization or agency,museum,or other professional institution;or 2.Substantial contribution through research and publication to the body of scholarly knowledge in the field of history. Archeology The minimum professional qualifications in archeology are a graduate degree in archeology,anthropology,or closely related field plus: 1.At least one year of Cull-time professional experience or equivalent specialized training in.archeological research,administration or management; 2.At least four months of supervised field and analytic experience in general North American archeology,and 3.Demonstrated ability to carry research to completion. In addition to these minimum qualifications,a professional in prehistoric archeology shall have at least one year of full-time professional experience at a supervisory level in the study of archeological resources of the prehistoric period.A professional in historic archeology shall have at least one year of full-time professional experience at a supervisory level in the study of archeological resources of the historic period. Architectural History - The minimum professional qualifications in architectural history are a graduate degree in architectural history,art history,historic . preservation,or closely related field,with coursework m American architectural history,or a bachelor's degree in architectural history,art history,historic preservation or closely related field plus one of the following: 1.At least two years of full-time experience in research,writing,or teaching in American architectural history or restoration architecture with an academic institution,historical organization or agency,museum,or other professional institution;or 2.Substantial contribution through research and publication to the body of scholarly knowledge in the field of American architectural i history. Architecture The minimum professional qualifications in architecture are a professional degree in architecture plus at least two years of full-time experience in azchitectmc;or a Statc license to practice architecture. i Historic Architecture The minimum professional qualifications in historic architecture are a professional degree in architecture or a State license to practice architecture,plus one of the following i 1.At least one year of graduate study in architectural preservation,American architectural history,preservation planning,or closely related field;or 2.At least one year of hill-time professional experience on historic preservation projects. Such graduate study or experience shall include detailed investigations of historic stmcmres,preparation of historic structures research reports,and preparation of plans and specifications for preservation projects. ASHLAND PRESERVATION 2009-2018 � 5 � - �`' - rat 'r�?� /..r•,�� Z J Y ASHLAND OREGON This publication has been 1.1 with the assistance of 1 grant-in-aid from the Oregon State Historic Preservation Office and the National Park Service,Department • • prohibit 1 • • •Regulations 1. of national origin, .1. or • .1 Any person 1 believes he or been discriminated against in any program, 1 operated • • • Federal write 1 Office •f Equal Opportunity, • Washington, D.C. Ashland Preservation Plan Preservation Programs: Alternative Projects The following section contains possible alternative projects that could be pursued by the Historic Commission and the City of Ashland in order to fulfill needs identified through the survey process. In addition to the needs addressed in the previous code section, needs were identified in four program areas and include: 1) Survey and Inventory; 2) Economic Incentives; 3) Education; and 4) Commissioner Training and Networking. Survey and Inventory Based upon results from the survey it was clear that a majority of respondents believed that a significant number of historic resources have already been identified in the City of Ashland. However, it was also clear that there was concern that a number of individually eligible, locally significant resources have not been identified. For example, several respondents indicated that late 1 91 and early 201h century Ashland farms and related buildings have not been inventoried. Additionally, in the reconnaissance level survey report for the Ashland north quadrant, consultant George Kramer identified a number of resources which could either become a part of an existing district, or be collectively part of a Multiple Property Submission (MPS) or new local or national district.22 An inventory of Lithia Springs/Winburn Camp was completed.in 1987 where Lithia Springs was identified as eligible for the National Register. For the last few years Lithia Springs has been identified as a priority by the Historic Commission, and this year Ashland received CLG funding to develop a management plan for Lithia Springs. Additional areas identified in need of survey included Lower Helman Street (below tracks) and above Iowa Street and the surrounding area. 22 Properties can be nominated to the National Register in a number of ways. The most common way is either through an individual listing or district.A Multiple Property Submission(MPS) is a way to nominate a number of buildings of the same type or significance which are not located in close proximity to each other. 32 Ashland Preservation Plan Economic lncentivee3 Grant/Loan Program Survey results clearly indicated strong support for some kind of grant or revolving loan program sponsored and managed by the Historic Commission. Many cities throughout the state have programs like this that the Ashland Historic Commission can look to. For example, the Forest Grove Landmarks Commission has had a grant program for many years. On average they distribute about $10,000 annually for a variety of preservation projects including maintenance, repair and restoration work. The City of Astoria has developed a facade grant program for their residential districts, which was funded last year by a Certified Local Government Grant. They awarded small grants to individuals who proposed to restore some or all of a residential building facade based upon historic evidence. The program was so successful they plan on continuing it in the future. The Ashland Historic Commission could consider different alternative economic programs, and apply for CLG funding to 'try out' the program that is identified as the best possible choice for Ashland. Additionally, local partners could be identified, such as local banks, that might be interested in sponsoring and administering a local revolving loan program for historic properties. Permit fee reduction Survey results indicated a desire by property owners to have reduced permit fees in exchange for compliance with Historic Commission recommendations. Some - jurisdictions offer this type of incentive, including waiving permit fees altogether for initial historic designation. Preserve America Ashland could apply for Preserve America status in order to gain access to additional federal grant funds relating to historic preservation and tourism. Currently there are four cities in Oregon with this status: Astoria, Salem, Jacksonville and Enterprise. Recently for example, the City of Salem received $60,000 for historic markers and developing a walking tour brochure. I Main Street Program Survey results indicated that the area most in need of protection in Ashland was its Downtown. In 2007, Governor Kulongoski included funding to re-establish this nationally known program in Oregon. The Oregon Main Street program is a statewide commercial district revitalization program administered by the Oregon Economic and Community Development Department. In partnership with the National Trust Main Street Center, this program is designed to assist communities with maintaining viable commercial districts. The underlying zs Incentive Programs for Other Cities are in Appendix 48 33 Ashland Preservation Plan premise of Main Street program is to encourage economic development within the context of historic preservation in ways appropriate to today's marketplace. There are a wide range of financial assistance and incentive programs available through this program. Public Education Programs Special Assessment/Federal Tax Credits A very small number of eligible properties are taking advantage of the state Special Assessment Program and the Tax Credit Program. The Historic Commission could reach out to historic property owners and make sure they are aware of these programs. Recently the Historic Commission recommended that the City adopt the 15-year-renewal available to historic residential property owners already on Special Assessment. Should this pass with City Council Approval, those property owners could be made aware of the opportunity for them to renew. Walking Tour/Brochures Survey results indicated a strong desire by residents to have the ability to go on a self guided walking tour of historic Ashland. The Imagine Project will have an audio tour ready to go next spring. The Ashland Historic Commission could work with the Imagine Project to identify any needs for associated brochures or historic markers or plaques to go along with the tour. Newsletter Survey results indicated strong interest in receiving a newsletter from the Historic Commission. There was interest in learning about topics ranging from the history of Ashland to proper techniques for building restoration and energy upgrades using 'green' products and methods. Many jurisdictions around the state produce quarterly newsletters from their Historic Commissions. Typically the newsletters are written by Commissioners and distributed by the City to owners within the historic districts, as well as others who express an interest in receiving the newsletter. The newsletter could also be placed on the city's website. The Historic Commission can consider whether producing a newsletter would be something they could take on given their current workload. Perhaps CLG funding could be requested to produce one newsletter and the Commission could see if they wish to continue. Workshops/Brown Bag Lunches Survey results indicated that there is a strong desire by residents to attend informational workshops with speakers that can explain about different preservation topics. Interest in workshops on the weekends was especially 34 Ashland Preservation Plan noted, since many individuals work and aren't able to attend during the week. The Historic Commission has noted an interest in co-sponsoring a workshop with the Conservation Commission. New Owner Handbook It was suggested by both the public and Commissioners that new owners of historic resources be presented with some kind of informational packet informing them of their responsibilities as well as any opportunities or incentives available. Additionally it was suggested that these owners be invited to speak with the Review Board. Commissioner Training and Networking Mentoring There was interest in establishing a mentoring program for new Historic Commissioners. In addition to providing new Historic Commissioners with a comprehensive manual with all of the relevant code and design standards, it would be helpful for more experienced Commissioners to take the time to explain the realities of how things work during a meeting, as well as to answer any questions a new member may have. SHPO Training There was a strong interest noted by Commissioners in additional training and networking with other like minded individuals in Oregon. In September the SHPO office will be offering a training session in eastern Oregon which is free to Commissioners and staff. SHPO occasionally offers these sessions around the state. Oregon APA Training The Oregon Chapter of the American Planning Association is partnering with Portland State University to offer a monthly nine part training series for Planning Commissioners. Trainings are every second Friday from October through June and are also available live on the web. The sessions are free to view online and are archived for later viewing if you cannot be there 'live'. Additionally you can ask questions in real time that will be answered by the presenter in the last ten minutes. While this series is geared to Planning Commissioners, since many of the reviews that Historic Commissioners participate in involve a wide variety of land use reviews, much of this training would be applicable and useful to Ashland Commissioners. Go to http://www.oreclonar)a.orcl/r)acleview.asr)x?id=l 8208 to download and watch archived training sessions. National Alliance of Preservation Commissions-CAMP The NAPC offers a CAMP--Commission Assistance and Mentoring Program. They offer a day camp at a cost of $2,500 plus speaker expenses and $55 a participant which includes three nationally recognized experts and focuses on preservation commission fundamentals. A curriculum can be customized to 35 CITY OF -ASH LAN D Council Communication JACO Environmental — Refrigerator/Freezer Recycling Program Meeting Date: February 21, 2012 Primary Staff Contact: Lee Tuneberg Department: Electric Dept E-Mail: tuneberl @ashland.or.us Secondary Dept.: Conservation i ion Secondary Contact: David Lohman Approval: Larry Patter n Estimated Time: Consent Question: Will Council, acting as the Local ontract Review Board, approve a Special Procurement requesting approval to enter into a two year contract with JACO Environmental to continue to operate a refrigerator and freezer recycling program to Ashland residents as part of the City's overall energy efficiency/conservation incentive program? Staff Recommendation: Staff recommends Council approve the Special Procurement contract with JACO Environmental to continue to operate a refrigerator and freezer recycling program in association with the City's energy efficiency/conservation incentive program. Background: As part of the City's energy efficiency/conservation appliance incentive program, JACO Environmental has been a valuable partner in ensuring that the refrigerators/freezers replaced as part of the City's rebate incentive program are properly disposed of In the absence of such a program, the inefficient units being replaced could remain in use as a secondary unit or be sold and re-utilized negating the benefits of the incentive/rebate. Additionally, proper de-commissioning ensures the proper handling of hazardous materials and recycling of as much of the component materials as possible. JACO performs this service for Pacific Power through the Energy Trust of Oregon, which surrounds the City of Ashland's utility territory, as well as for over 40 other utilities in 19 different states. Remaining consistent with programs in Ashland's surrounding utility territories provides the City with shared marketing efforts and eliminates customer confusion regarding recycling options. The use of a large multi utility contractor also provides cost benefits that would otherwise be difficult to achieve given Ashland's relatively low volume as a small utility. Costs associated with the program are eligible for reimbursements through Bonneville Power Administration (BPA) and are processed in conjunction with the incentive/rebate resulting in little to no actual cost to the Conservation Division budget. Related City Policies:' AMC 2.50— Local Contract Review Board Page 1 oft IA, CITY OF ASHLAND Council Options: 1) Approve the contract renewal with JACO Environmental as a Special Procurement 2) Deny the contract renewal with JACO Environmental as a Special Procurement Potential Motions: N/A - Consent Attachments: Request for Special Procurement Draft Contract —JACO Environmental Page 2 of 2 �I r, CITY OF FORM #9 ASHLAND ,SPECIAL PROCUREMENT REQUEST FOR APPROVAL To: City Council, Local Contract Review Board From: Lee Tuneberg Date: February 21, 2012 Subject: REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT In accordance with ORS27913.085, this request for approval of a Special Procurement is being presented to the City Council for approval. This written request for approval describes the proposed contracting procedure and the goods or services or the class of goods or services to be acquired through the special procurement and the circumstances that justify the use of a special procurement under the standards set forth ORS 279B.085(4). 1. Requesting Department Name: Electric Department-Conservation Division 2. Department Contact Name: Lee Tuneberg 3. Type of Request: Class Special Procurement X Contract-specific Special Procurement 4. Time Period Requested: From March 1,2012 To: December 31,2013 5. Total Estimated Cost: Costs incurred to the City as part of this contract are limited to staff administrative overhead as the actual customer incentive payments and pick up/recycling of the appliances are reimbursed as"deemed measures" within the City's Energy Efficiency funding allocation from Bonneville Power Administration(BPA) 6. Short title of the Procurement: Pick-up and Recycling of old refrigerators/freezers associated with the City of Ashland's energy efficiency appliance incentive/rebate program Supplies and/or Services or class of Supplies and/or Services to be acquired: JACO Environmental will provide pick up and proper recycling/disposal of refrigerators/freezers from City of Ashland Electric Utility customers who qualify for the Conservation Division energy efficiency/conservation appliance incentive/rebate program. Utility customers receive a rebate check for the purchase of a qualifying high efficiency refrigerator/freezer and agree to allow JACO Environmental, on behalf of the City, to pick up and properly decommission and recycle the old appliance. All costs associated with the rebate,pick up and decommission/recycling are reimbursed to the City by BPA 7. Background and Proposed Contracting Procedure: Provide a description of what has been done in the past and the proposed procedure. The Agency may,but is not required to,also include the following types of documents: Notice/Advertising, Solicitation(s), Bid/Proposal Forms(s), Contract Form(s), and any other documents or forms to be used in the proposed contracting procedure. Attach additional sheets as needed. Form#9-Special Procurement-Request for Approval,Page 1 of 4,2/15/2012 Background:_A Special Procurement approval has been given by the City Council, acting as the Local Contract Review Board in the past for this vendor and for the same services,most recently in September of 2009. Proposed procedure_A Direct Award contracting procedure is being requested 8. Justification for use of Special Procurement: Describe the circumstances that justify the use of a Special Procurement. Attach relevant documentation. The use of a Special Procurement will allow the City to continue to offer the pick-up recycling component of refrigerator/freezer incentivelrebate program,which adds considerable value to the kilowatt hour savings targeted and realized in the program as it prevents the continued use of the older appliance as a second or third unit in abasement or garage. If the units remain in use, the energy savings from the new, energy efficient unit is negated by the continued existence and use of the old unit. Identifying and contracting with another vendor for this valuable service would be cost prohibitive and would exceed the reimbursement amount authorized through our agreements with BPA,primarily due to the fact that our Electri-c Utility service territory is very small and not located near an appliance recycling facility. Because JACO Environmental serves one hundred percent of the utility service territory surrounding the City of Ashland (Pacific Power) and has a large national reach to achieve volume efficiencies,costs for their services remain within the reimbursement allocation of BPA. 9. Findings to Satisfy the Required Standards: This proposed special procurement: X (a)will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts because: Due to the relatively small volume of pick-up/recycling within the City of Ashland's municipal service territory compared with the volume in the surrounding Utility service territories, Staff has not been aware of any competition for this service from other firms in the form of inquiries or other communication with City Staff (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.); and X (b)(i)will result in substantial cost savings to the contracting agency or to the public because: Due to the volume of pick up and recycling work done by JACO Environmental for other electric utilities surrounding the City of Ashland Electric Utility's service territory, including the immediate abutting service territory of Pacific Power,JACO is uniquely positioned to offer far more competitive pricing on the services provided, as well as cost effective integrated marketing efforts across service territories and administrative efficiencies between customers, City administrative staff and involved third parties(BPA) (Please provide the total estimate cost savings to be gained and the rationale for determining the cost savings);or X (b)(ii)will otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with the requirements of ORS 279B.055, 279B.060,279B.065, or 27913.070,or any rules adopted thereunder because: Form#9-Special Procurement-Request for Approval,Page 2 of 4,2115/2012 The ability of JACO Environmental to serve multiple utility service territories serves and promotes the public interest by being cost effective, consistent in message and operation reducing confusion and added administrative efforts (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.) Form#9-Special Procurement—Request for Approval,Page 3 of 4,211 512 01 2 Public Notice: Pursuant to ORS 279B.085(5)and OAR 137-047-0285(2), a Contracting Agency shall give public notice of the Contract Review Authority's approval of a Special Procurement in the same manner as a public notice of competitive sealed Bids under ORS 279B.055(4)and OAR 137-047-0300.The public notice shall describe the Goods or Services or class of Goods or Services to be acquired through the Special Procurement and shall give such public notice of the approval of a Special Procurement at least seven(7) Days before Award of the Contract. After the Special Procurement has been approved by the City Council, the following public notice will be posted on the City's website to allow for the seven(7)day protest period. Date Public Notice first appeared on www.ashland.or.us-February 22, 2012 PUBLIC NOTICE Approval of a Special Procurement First date of publication: February 22, 2012 A request for approval of a Special Procurement was presented to and approved by the City Council, acting as the Local Contract Review Board,on February 21,2012. The City of Ashland intends to enter into contract with JACO Environmental to provide pick up and proper recycling/disposal of refrigerators/freezers from City of Ashland Electric Utility customers who qualify for the Conservation Division energy efficiency/conservation appliance incentive/rebate program. Utility customers receive a rebate check for the purchase of a qualifying high efficiency refrigerator/freezer and agree to allow JACO Environmental,on behalf of the City,to pick up and properly decommission and recycle the old appliance. All costs associated with the rebate,pick up and decommission/recycling are reimbursed to the City by BPA It has been determined based on written findings that the Special Procurement will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts, and result in substantial cost savings or substantially promote the public interest in a manner that could not be realized by complying with the requirements that are applicable in ORS 27913.055, 27913.060, 27913.065, or 27913.070. An affected person may protest the request for approval of a Special Procurement in accordance with ORS 27913.400 and OAR 137-047-0300. A written protest shall be delivered to the following address: City of Ashland, Kari Olson, Purchasing Representative, 90 N Mountain Av, Ashland, OR 97520. The seven (7)protest period will expire at 5:00pm on February 28,2012 This public notice is being published on the City's Internet World Wide Web site at least seven days prior to the award of a public contract resulting from this request for approval of Special Procurement. Form#9-Special Procurement-Request for Approval,Page 4 of 4,2/15/2012 PROFESSIONAL SERVICES CONTRACT CONTRACT NO. THIS AGREEMENT is entered into by and between The City of Ashland Electric Utilities Department (hereinafter referred to as the "City"), with its principal place of business located at 90 N Mountain Avenue, Ashland, OR 97520, and JACO ENVIRONMENTAL (hereinafter referred to as "Service Provider"), with its principal place of business located at 18323 Bothell-Everett Highway, Suite 220, Bothell, WA 98012. This agreement may be referred to herein as the "Contract" or"Agreement" 1. SCOPE OF SERVICE The Service Provider shall provide the services described in Exhibit A, City Appliance Recycling Program (ARP), which is attached hereto and by this reference is incorporated herein. 2. TERM OF CONTRACT A. The term of this Contract shall be from January 1, 2011 through December 31, 2013. The Service Provider shall complete all specified Contract work, including submission of reports and other required documentation within the term of the Contract. Any revision to the term of the Contract shall be by mutual agreement, in writing, between CITY and the Service Provider. 3. PAYMENT A. CITY shall pay the Service Provider for such services on a unit price basis in accordance with the accepted price shown in Attachment A, Cost Scenario Analysis Summary. CITY makes no guarantee of any minimum number of units to be recycled under the ARP or this Contract. B. The Service Provider shall submit an invoice to CITY monthly for the number of units recycled according to the amounts stated in Exhibit A. Invoices shall be in a format acceptable to CITY. C. CITY shall pay for only those units that the Service Provider has recycled and for which the Service Provider has issued the incentive check to CITY's customer. D. CITY shall pay all invoices from the Service Provider by mailing an CITY warrant, within 30 days of receipt of a properly completed invoice. E. Payment by CITY will be completed on a fee-for-service basis. There shall be no advance payment for services furnished pursuant to this contract. There shall be no minimum payment. F. Payments made to the Service Provider shall not constitute acceptance of the work or any portion thereof which is not in accordance with this Contract. G. If during the course of the Contract, the work performed does not meet the requirements set forth in the Contract, the Service Provider shall correct or modify the work to comply with the Contract requirements and CITY shall have the right to withhold payment for such work until the Service Provider meets the requirements of the Contract. JACO Contract Page 1 4. REPORTS AND INSPECTIONS A. The Service Provider at such times and in such forms as CITY may require, shall furnish to CITY such statements, records, reports, data, and information as CITY may request pertaining to the matters covered by this Contract. B. All statements, reports, data, records and accounts pertaining to this Contract are to be kept available for inspection by representatives of CITY during the course of the Contract and for a period of three (3) years after final payment: Copies shall be made available to CITY upon request. 5. RESPONSIBILITIES OF SERVICE PROVIDER A. Manager. The Service Provider shall appoint a Manager who will be in charge of the Service Provider's responsibilities under this Agreement and have day to day authority to make decisions on behalf of the Service Provider. All notices regarding changes in the Program or revisions to the Scope of Service shall be delivered to the designated Manager. The Service Provider's Manager to CITY's ARP is: Name: Bob Nicholas Title: Program Development Address: P.O. Box 14307 City , State, Zip: Mill Creek ,WA 98082 Office Phone#: Cell Phone #: 425354.4894 Office Fax#: 425.423.7873 E-mail Address: bobn(d)iacoinc.net B. Any and all employees of the Service Provider or other persons while engaged in the performance of any work or services required of the Service Provider under this Contract shall be considered employees of the Service Provider only and not of CITY, and any and all claims that may or might arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a third party as a consequence of any act or omission on the part of the Service Provider's employees or other persons while engaged in any of the work or services rendered herein, shall be the sole obligation and responsibility of the Service Provider. C. Safety. The Service Provider shall take all necessary precautions for the safety of employees and shall comply with all applicable provisions of federal, state and local regulations, ordinances and codes. The Service Provider shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and the public and shall post danger signs warning against known or unusual hazards. D. Warranty. The Service Provider shall be responsible for correcting any deficiencies and for completing all the work as described in Exhibit A. E. Nondiscrimination/Equal Protection. The Service Provider agrees not to discriminate against any employee or applicant for employment or any other persons in the performance of this Contract because of race, religion, creed, color, national origin, marital JACO Contracr 2 status, gender, age or handicap, or other circumstances as may be defined by federal, state or local law or ordinance, except for a bona fide occupational qualification. The Service Provider agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Service Provider setting forth the provisions of this nondiscrimination clause. 6. CITY'S PROGRAM MANAGER CITY's Program Manager for CITY's ARP will have the primary responsibility for CITY under this Contract and shall oversee and approve all work to be performed, coordinate communications, and review and approve all invoices, under this Agreement. Name Lee Tuneberq Title Interim Assistant City Administrator Address 20 East Main St City , State, Zip Ashland , OR 97520 Office Phone # 541-552-2003 Cell Phone # Office Fax# E-mail Address lee.tuneberg(cDashland.or.us 7. CONFIDENTIALITY/ NON-DISCLOSURE A. Confidential Information. Service Provider acknowledges that it and its employees or agents may, in the course of performing its responsibilities under this Contract, be exposed to or acquire information that is confidential to CITY or CITY's clients. Any and all information of any form obtained by Service Provider or its employees or agents in the performance of this Contract shall be deemed to be confidential information of CITY ("Confidential Information"). Any reports or other documents or items (including software) which result from the use of the Confidential Information by Service Provider shall be treated with respect to confidentiality in the same manner as the Confidential Information. Confidential Information shall be deemed not to include information that (a) is or becomes (other than by disclosure by Service Provider) publicly known or is contained in a publicly available document; (b) is furnished by CITY to others without restrictions similar to those imposed by this Contract; (c) is rightfully in Service Provider's possession without the obligation of nondisclosure prior to the time of its disclosure under this Contract; or (d) is independently developed by employees or agents of Service Provider who can be shown to have had no access to the Confidential Information. B. Non-Disclosure. Service Provider agrees to hold Confidential Information in strict confidence, using at least the same degree of care that Service Provider uses in maintaining the confidentiality of its own confidential information, and not to copy, reproduce, sell, assign, license, market, transfer or otherwise dispose of, give, or disclose Confidential Information to third parties or use Confidential Information for any purposes whatsoever other than the provision of services to CITY hereunder, and to advise each of its employees and agents of their obligations to keep Confidential Information confidential. C. Unauthorized Use. Service Provider shall use its best efforts to assist CITY in identifying and preventing any unauthorized use or disclosure of any Confidential Information. Without limitation of the foregoing, Service Provider shall advise CITY immediately in the event Service Provider learns or has reason to believe that any person who has had access to Confidential Information has violated or intends to violate the JACO Contract 3 terms of this Contract and Service Provider will at its expense cooperate with CITY in seeking injunctive or other equitable relief in the name of CITY or Service Provider against any such person. D. Return of Confidential Information. Service Provider agrees that, except as directed by CITY, Service Provider will not at any time during or after the term of this Contract disclose, directly or indirectly, any Confidential Information to any person, and that upon termination of this Contract or at CITY's request, Service Provider will turn over to CITY all documents, papers, and other matter in Service Provider's possession which embody Confidential Information. E. Injunctive Relief. Service Provider acknowledges that breach of this Paragraph 7, including disclosure of any Confidential Information, or disclosure of other information that, at law or in good conscience or equity, ought to remain confidential, will give rise to irreparable injury to CITY that can only be inadequately compensable in damages. Accordingly, CITY may seek and obtain injunctive relief against the breach or threatened breach of the-foregoing undertakings, in addition to any other legal remedies that may be available. Service Provider acknowledges and agrees that the covenants contained herein are necessary for the protection of the legitimate business interests of CITY and are reasonable in scope and content. F. Ensuring Confidentiality. Service Provider agrees to comply with all reasonable requests by CITY to ensure the confidentiality and nondisclosure of the Confidential Information, including without limitation (a) obtaining nondisclosure agreements, in a form approved by CITY, from each of Service Provider's employees and agents who are performing work, and providing copies of such agreements to CITY, and (b) performing criminal background checks on each of Service Provider's employees and agents who are performing work, and providing a copy of the results to CITY. B. COMPLIANCE WITH LAWS A. The Service Provider shall comply with all federal, state and local regulations and ordinances applicable to the work to be done under this Contract, including, but not limited to, all applicable environmental and hazardous materials laws. B. Any violation of the provisions of Paragraph 7 shall be considered a violation of a material provision of this Contract and shall be grounds for cancellation, termination or suspension of the Contract by CITY, in whole or in part, and may result in ineligibility for further work for CITY. 9. TERMINATION OF CONTRACT A. CITY may terminate this Contract by giving at least ten (10) days written notice to the Service Provider. Termination may be effected by serving a notice of termination on the Service Provider's Manager identified in Paragraph 6 of this Contract, or by mailing such notice to Service Provider's business address by certified mail, allowing three (3) business days for delivery. B. In the event this Contract is terminated by CITY, the Service Provider shall be entitled to receive payment only for the number of units recycled, and for which the Service Provider has issued the incentive check to CITY's customer(s), as of the effective date of termination. 10. CLAIMS Any claim against CITY for damages, expenses, costs or extras arising out of the performance of this Contract must be made in writing to CITY within thirty (30) days after JACO Contract 4 the discovery of such damage, expense or loss, and in no event later than the time of approval by CITY for final payment. The Service Provider, upon making application for final payment, shall be deemed to have waived its right to claim for any other damages for which a claim has not been made, unless such application for final payment includes notice of additional claim and fully describes such claim. 11. HOLD HARMLESS AND INDEMNIFICATION A. This is a contract for a pass-through of Bonneville Power Administration (BPA) conservation renewable funding. The refrigerator, freezer and other units to be recycled under this Contract are not, and have never been, the property of, or held in the possession or control of, CITY. Accordingly, the parties hereto agree that CITY shall bear no responsibility or liability of any nature or kind whatsoever for, or relating to, the recycling or disposal of said units. B. To the fullest extent permitted by law, the Service Provider shall indemnity, defend and hold harmless CITY, and its officers, officials, agents and employees from and against any and all claims, actions, suits at law or equity, liability, loss, costs, expenses or damages of any nature or kind whatsoever, including but not limited to environmental liabilities and damages (whether resulting from hazardous materials disposal or otherwise), and further including but not limited to reasonable attorneys'fees and litigation costs, brought against CITY, its officers, officials, agents and/or employees, arising out of, or in connection with, or incident to, the execution of this Contract and/or the performance or failure to perform any aspect of this Contract; provided, however, that nothing herein shall require the Service Provider to hold harmless or defend CITY, its officers, officials, agents or employees from any claims arising from the sole negligence of CITY, its officers, agents or employees. C. The Service Provider agrees that its obligations under this Paragraph 11 also extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, the Service Provider, by mutual negotiation; hereby waives, as respects CITY only, any immunity that would otherwise he available against such claims under the industrial insurance provision of Title 51 RCW. In the event CITY obtains any judgment or award, and/or incurs any cost arising therefrom, including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable form the Service Provider. D. The provisions of this Paragraph 11 shall survive the termination of this Services Contract. 12. INSURANCE The Service Provider at his/her own cost and expense, shall procure and maintain, for the duration of the Contract, the following insurance policies with insurers possessing a Best's rating of no less than A. Workers' Compensation Coverage: Service Provider shall maintain Workers' Compensation Insurance and Employer's Liability Insurance in an amount not less than one million dollars ($1,000,000), for his/her employees in accordance with the laws of the State of Washington. Any notice of cancellation or non-renewal of all Workers' Compensation policies must be received by CITY at least thirty (30) days prior to such change. General Liability Coverage: Service Provider shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability JACO Contract 5 insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Contract or the general aggregate limit shall be at least twice the required occurrence limit. CITY shall be named as an additional insured under this coverage. Pollution Legal Liability Coverage: Service Provider shall maintain Pollution Legal Liability insurance with minimum limits of one million dollars ($1,000,000) per occurrence for death, bodily injury, or property damage to third parties, as well as for environmental remediation of sites damaged by pollution resulting directly or indirectly from the Service Provider's operations under this Contract. Such policy shall be maintained throughout the term of this Contract, and for not less than three (3) years after the date of final acceptance and completion of the work performed under this Contract. CITY shall be named as an additional insured under this coverage. Automobile Liability Coverage: Service Provider shall maintain automobile liability insurance covering bodily injury and property damage for all activities arising out of or in connection with the work to be performed under this Agreement, including-coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Cancellation: The insurance provided by the policies identified in this Paragraph 12 shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by CITY. Other insurance requirements: The Service Provider's insurance coverages shall be primary insurance relative to CITY. Any insurance, self-insurance, or insurance pool coverage maintained by CITY shall be in excess of the Service Provider's insurance and shall not contribute to it. All policy coverages required under this Paragraph 12 shall be written on an occurrence basis. The Service Provider will deliver to CITY, no later than ten (10) days after execution of the Agreement by CITY and prior to commencing work, Certificates of Insurance, identified on their face as the Contract Number to which applicable, as evidence that policies providing such coverage and limits of insurance are in full force and effect, which Certificates shall provide that not less than thirty (30) days advance notice will be given in writing to CITY prior to cancellation, termination or alteration of said policies of insurance. Such advance notice of cancellation, termination, or alteration of said policies shall be delivered to CITY's Program Manager. 13. PREVAILING WAGES AND ASHLAND LIVING WAGE The Service Provider shall comply with any applicable Prevailing Wage Rate Requirements in Oregon State. In addition, Service Provider shall comply with Ashland Municipal Code Chapter 3.12, which requires all employers subject to the chapter to pay the Ashland living wage. 14. ASSIGNMENT A. This Contract shall not be assigned or transferred by either party, either in whole or in part, without the prior written consent of the other party. Any attempted assignment or transfer without such written consent shall be void. B. Any work or services assigned hereunder shall be subject to each provision of this Contract. 15. INDEPENDENT SERVICE PROVIDER JACO Contract 6 The Service Provider is and shall be at all times during the term of this Contract an independent Service Provider and not an employee of CITY. 16. GOVERNING LAW Any legal dispute between the parties to this Contract shall be governed by the laws of the State of Oregon, and any action to enforce this Contract shall be brought in Jackson County, Oregon. 17. PARTIAL INVALIDITY Any provision of this Contract which is found to be invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforceability, and the invalidity or unenforceability of such provision shall not affect the validity or enforceability of the remaining provisions hereof. 18. NONWAIVER The failure of CITY to insist upon or enforce strict performance by the Service Provider of any provision of this Contract,-or to exercise any right under this Contract, shall not be construed as a waiver or relinquishment to any extent of CITY right to assert or rely upon any such provision or right in that or any other instance; rather, the same shall be and remain in full force and effect. 19. ENTIRE AGREEMENT I MODIFICATION This Contract, together with the attachments and/or addenda, represents the entire and integrated Contract between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may be amended, modified or added to only by written instrument properly signed by both parties hereto. IN WITNESS WHEREOF, the parties have executed this Contract as of this 44 day of ,p '.wfz-- JACO ENVIRONMENTAL CITY OF ASHLAND ELECTRIC UTILITIES DEPARTMENT By: By: Printed Name: �1-640Y J3tcOBSt.'0A Printed Name: Title: �+1,%5.1,0L��� Io I Title: Address: f 3 I ^ IkIe r�� fit+ Ci a i 1� W 2a 4Yo� JACO Contract 7 CITY OF -ASH LAN D Council Communication Approval to Purchase 2,773 Square Feet of Land Along Ashland Creek Meeting Date: February 21, 2 12 Primary Staff Contact: Don Robertson Department: Parks E-Mail: robertsd@ashl and.or.us Secondary Dept.: Finance Secondary Contact: tuneberl@ashland.or.us Approval: Larry Pa/ea Estimated Time: 15 Minutes Question: Should Council purchase 2,773 square feet of property located along the east bank of Ashland Creek? Staff Recommendation: Authorize Don Robertson, Director of Ashland Parks and Recreation, on behalf of the Ashland Parks and Recreation Commission, to enter into an agreement to purchase 2,773 square feet of land for $8 per square foot per independent appraisal minus the difference of$8 per square foot for a trade of 269 square feet of City-owned property. The total purchase price will be $20,032 for the land plus $3.500 for planning and surveying costs for a total estimate of$23,532. Background: The Ashland Parks and Recreation Commission plan for Parks, Trails, and Open Space, adopted in 2002, designated this area, the Ashland Creek corridor, as item number 10 on its long-term plan. The Trails Master Plan, adopted by the commission and council in 2006, identified the Ashland Creek corridor as a primary trail corridor. The property to be purchased falls within both of these designations and would.serve as an adjunct to the future trail through this corridor. The Ashland Parks and Recreation Commission reviewed the prospective purchase during an executive session on January 9, 2012, with Commissioner Landt not present as it would have constituted a conflict of interest. The commission recommended approval of the purchase by a 4-0 vote on January 23, 2012. Related City Policies: Both the Open Space Plan and the Trails Master Plan were adopted into the City Comprehensive Plan. The City Comprehensive Plan also designates that, where possible, the City is encouraged to purchase riparian areas along Ashland's creeks. Council Options: 1. Approve the purchase of 2,773 square feet of tax lot 2705 for the appraised price of$8 per square foot minus a trade of 269 square feet of adjoining City property of tax lot 2709. Also approve the payment of up to $2,000 in surveying costs and $1,500 in title costs, for a total approximated cost of$23,532. 2. Reject the purchase of 2,773 square feet of tax lot 2705. Page ] of 2 �r, CITY OF ASHLAND Potential Motions: Move to approve/deny the purchase of 2,773 square feet of tax lot 2705 for the appraised price of$8 per square foot minus a trade of 269 square feet of adjoining City property along with surveying and title costs, for a total projected cost of$23,532. Attachments: None Page 2 of 2 CITY OF -ASHLAND Council Communication Re-Designation of Property Loca e t e End of Chitwood Street Meeting Date: February 21, 2012 Staff Contact: Don Robertson Department: Parks Mail: robertsdna ashland.or.us Secondary Dept.: Finance Secondary Contact: tuneberl@ashland.or.us Approval: Larry Patterson Estimated Time: 15 Minutes Question: Should Council re-designate approximately 14,000 square feet of City-owned housing property to Parks property? Staff Recommendation: Re-designate 14,000 square feet of City-owned housing property to Parks and Recreation Department property for use by Parks. Background: During fiscal year 2006, the City and Parks jointly purchased approximately two acres of property at the end of Chitwood Street. The property was purchased at a price of$8.90 per square foot. Originally, 14,000 square feet of the property was to be used as a workforce housing project. Eventually the housing project fell through and several months ago City Council determined that the property could be transferred to the Parks Department at the original cost of$8.90 per square foot. At the September 6, 2011 regular meeting, Council approved the transfer of the Chitwood land area (0.32 acres), originally designated for an affordable housing development, to the City of Ashland Parks and Recreation Commission for parks purposes in exchange for$125,059, with the funds directed to the Housing Trust Fund. At the January 23, 2012 regular meeting the Ashland Parks Commission reviewed the proposed transfer and recommended its occurrence. Related City Policies: The proposed property is shown on both the approved 2002 Open Space Plan and the approved 2007 Trails Master Plan. Council Options: 1. Approve the transfer of the 14,000 square feet of property from City housing designation to Parks use designation for a square foot price of$8.90 per foot. 2. Reject the transfer and maintain the current designation. Pagel of 2 �r, CITY OF ASHLAND Potential Motion: Move to approve or deny the re-designation of the 14,000 square feet of property located at the end of Chitwood Street from City housing property to Parks property for a square foot cost of$8.90 per foot. Attachments: None Page 2 of 2 Imo, CITY OF ASHLAND Council Communication Resolution Supporting Elimination of Corporate Personhood Meeting Date: February 21, 2012 Primary Staff Contact: Carol Voisin Department: Council E-Mail: carol @council.ashland.or.us Secondary Dept.: N/A Secondary Contact: N/A Approval: erson Estimated Time: 10 Minutes Question: Will Council direct the City Attorney to prepare a resolution supporting the creation of a constitutional amendment to eliminate 'personhood' for corporations and unions for purposes of campaign expenditure limitations and to stop treating money as speech for political purposes? Staff Recommendation: None. Background: In the 2010 U.S. Supreme Court "Citizens United" decision a 5-4 majority ruled that corporations have the right to make unlimited indirect political contributions because corporations have the same constitutional rights as individual people and because money spent on political expression constitutes constitutionally protected free speech. This decision over-turned key provisions of the bipartisan McCain-Feingold Act of 2002. Afterwards, Democratic senator Russ Feingold, a lead sponsor of the 2002 Bipartisan Campaign Reform Act, stated "This decision was a terrible mistake. Presented with a relatively narrow legal issue, the Supreme Court chose to roll back laws that have limited the role of corporate money in federal elections since Teddy Roosevelt was president." Republican Senator John McCain, co-drafter of the 2002 Bipartisan Campaign Reform Act and the party's 2008 presidential nominee, said he was, "disappointed by the decision of the Supreme Court and the lifting of the limits on corporate and union contributions" but not surprised by the decision, saying that "It was clear that Justice Roberts, Alito and Scalia, by their very skeptical and even sarcastic comments, were very much opposed to BCRA." And Republican Senator, Olympia Snow said that, "Today's decision was a serious disservice to our country." Councilor Voisin believes many citizens of Ashland feel the Citizens United decision is extremely damaging to our political process in this country because it allows those who control the decisions of corporations to have disproportionate influence on elections at all levels. Voisin recognizes that the primary duty of the City Council is to make policy and conduct the City's business, not engage in political debate, and that the Council understandably views with caution proposals such as the one she is bringing forward for consideration. Page I of 2 r, CITY OF ASHLAND However, she believes the issues involved with corporate personhood and money as speech are such a fundamental threat to our democracy, even at the local level, that the Council should deliberate taking a formal stand on this issue by calling for a constitutional amendment to counteract the Supreme Court's action. Related City Policies: None. Council Options: • Direct staff to prepare a resolution supporting the creation of a constitutional amendment to eliminate 'personhood' for corporations and unions for purposes of campaign expenditure limitations and to stop treating money as speech for political purposes. • Deny the request to direct staff to prepare a resolution supporting the creation of a constitutional amendment to eliminate 'personhood' for corporations and unions for purposes of campaign expenditure limitations and to stop treating money as speech for political purposes. Potential Motions: • Move to direct staff to prepare a resolution supporting the creation of a constitutional amendment to eliminate 'personhood' for corporations and unions for purposes of campaign expenditure limitations and to stop treating money as speech for political purposes. • Move to deny request direct staff to prepare a resolution supporting the creation of a constitutional amendment to eliminate 'personhood' for corporations and unions for purposes of campaign expenditure limitations and to stop treating money as speech for political purposes. . Attachments: • Draft Resolution • List of Cities who have approved similar resolutions More information can be found at the following links: • Statement of retired ACLU Executive Director, Ira Glasser): http://www.buffingtonpost.com/ira-gl asser/understanding-the-emcitiz_b_441342.htm] • Obama quote and reaction: http://voices.washingtonpost.com/44/201 0/01/alito-mouths-not-true-at-obama.html • Analysis of the Decision by SCOTUS Blog (includes links to multiple perspectives): http://www.scotusblog.com/case-files/cases/citizens-united-v-federal-election-commission/ • What is the SCOTUS Blog: http://www.scotusblog.com/about/ Page 2 of 2 AXIA SAMPLE RESOLUTION (based on City of Portland Resolution #36897 Establish as a position of the Ashland City Council that corporations should not have the constitutional rights that natural persons possess, that money is not speech and that independent campaign expenditures and campaign contributions by corporations should be regulated. Whereas, the United States Constitution and the Bill of Rights are intended to protect the rights of individual human beings, that is 'natural persons'; and, Whereas, while state and federal governments may provide certain privileges to corporations, these privileges-do not equate to the rights of natural persons protected by the U.S. Constitution; and, Whereas, as Justice John Paul Stevens observed in Nixon v Shrink Missouri Government PAC "money is property, it is not speech"; and Whereas, four dissenting judges in the Citizens United decision noted that corporations have special advantages not enjoyed by natural persons, such as limited liability, perpetual life, and favorable treatment of the accumulation and distribution of assets: and, Whereas, corporations are legally required to put profits for shareholders ahead of concerns for the greatest good of society while individual shareholders as natural persons balance their narrow self-interest and the broader public interest when making political decisions;, Whereas, Oregon Senators Ron Wyden and Jeff Merkley and Oregon Representatives Peter DeFazio, Earl Blumenauer and Kurt Schrader are pursuing campaign finance reform legislation with a focus on addressing Citizens United through amendments to the United States Constitution; Now, therefore be it resolved that it is the position of the Ashland City Council that corporations should not have the constitutional rights that natural persons possess; and, Be it further resolved that the most urgent action needed to address the negative impacts of Citizens United is to stop unlimited independent campaign expenditures by corporations; and, Be it further resolved that it is imperative to prioritize legislation creating an amendment to the United States Constitution addressing the threats to representative government identified in this resolution so that the states may ratify it; and, Be it further resolved that the City of Ashland calls on other communities,jurisdictions and organizations like the U.S Conference of Mayors and the National League of Cities to join with us in this action by passing similar Resolutions. Partial List of Cities Opposing Citizens United Or Taking Comparable Positions Albany,NY Berkeley, CA Buffalo,NY Duluth, MN Essex, NY Fort Bragg, CA Leverett, MA Los Angeles, CA Madison, Wl Minneapolis, MN Missoula, MT New York, NY Portland, OR Pueblo, CO Richmond, CA South Miami, FL See http://maps.google.com/maps/ms?ie=UT F8&hl=en&m sa=0&ms i d=203433765370726385061.000496ee2Oc83ccdb48 4d&11=41.376809,-97.470703&spn=28.810276,79.013672&z=4 for details(except Portland,OR). CITY OF ASHLAND Council Communication Confirmation of Mayoral Appointment of Dave Kanner as City Administrator Meeting Date: February 21, 201 Primary Staff Contact: Mayor Stromberg Department: Admimstratio E-Mail: john @council.ashland.or.us Secondary Dept.: None Secondary Contact: Martha Bennett Approval: Larry Pat Estimated Time: Consent Question: Does the Council wish to con t the appointment of Dave Kanner as City Administrator? Recommendation: Mayor Stromberg recommends that Council confirm the Appointment Dave Kanner as City Administrator. Background: The City conducted an open and competitive selection process for City Administrator with the assistance of The Waters Consulting Group. Six finalists were invited to participate in an intensive three-day interview and selection process. Dave Kanner was selected for the position because of his Public Administration experience in Oregon. Dave worked as the Assistant to the City Manager in Wilsonville for 8 years before relocating to the Rogue Valley to serve as the Deputy County Administrator for Jackson County. During his nearly 6 years with Jackson County, Dave developed and authored the County's first-ever criminal justice strategic plan and e-government,strategic plan; completed $56 million worth of capital projects on- time and under budget, including complete re-build of the county library system and new juvenile justice center. Dave's most recent experience has been as the County Administrator for Deschutes County in Bend, OR. During his tenure in Bend, he was responsible for all aspects of organizational management, including budget, personnel, capital projects, legislative affairs, liaison with other local governments and business interests, and execution of policy direction of the elected Board of Commissioners. Dave is excited to return to the Rogue Valley and work for the City of Ashland. He plans to relocate his family to Ashland at the end of the school year. He will begin work with the City on Monday, February 27, 2012. Related City Policies: None. F Council Options: Council could confirm the appointment of Dave Kanner as City Administrator. Council could defer the appointment of City Administrator awaiting further information. Page I of 2 CITY OF ASHLAND Potential Motions: Move to appoint Dave Kanner as City Administrator for the City of Ashland. Attachments: None. Page 2 of 2 City Administrator Employment Agreement Added to the Packet 0 CITY OF ASHLAND Employment Agreement City Administrator THIS AGREEMENT, made and entered into this_day of February 2012 by and between the City of Ashland ("City') and Dave Kanner ("Employee"). RECITALS A. City desires to employ the services of Employee as the City Administrator of the City of Ashland; and, B. It is the desire of the City to establish certain conditions of employment for Employee; and, C. It is the desire of the City to (1) secure and retain the services of Employee and to provide inducement for Employee to remain in such employment, (2) to make possible full work productivity by assuming Employee's morale and peace of mind with respect to future security, (3) to act as a deterrent against malfeasance or dishonesty for personal gain on the part of Employee; and, (4) to provide a just means for terminating Employee's services at such time as Employee may be unable fully to discharge Employee's duties due to disability or when City may otherwise desire to terminate Employee's services; and, D. Employee desires to accept employment as City Administrator of the City of Ashland, and to begin his employment February 27, 2012. City and Employee agree as follows: Section 1. Duties. The City hereby agrees to employ Dave Kanner as the City Administrator of the City of Ashland to perform the functions and duties specified in the City Charter, City Ordinances, and the job description for the position, and to perform such other legally and ethically permissible and proper duties and functions as the Mayor and/or City Council shall from time to time assign. The City Administrator shall devote full time to the performance of his duties. Section 2. Term. A. Nothing in this agreement shall prevent, limit, or otherwise interfere with the right of the Mayor, with the consent of the City Council in accordance with the City Charter, from terminating the services of the City Administrator at any time, subject only to the provisions set forth in the section titled "Severance pay' of this agreement. Except as specifically provided in this Agreement, Employee shall serve at the pleasure of the City, without any requirement to demonstrate cause for dismissal. B. Nothing in this agreement shall prevent, limit, or otherwise interfere with the right of the Employee to resign at any time from his position with the City, subject only to the provisions of this agreement. C. Employee agrees to remain in the employ of the City until February 27, 2015, and neither to accept other employment nor to become employed by any other employer until this termination date, unless the termination date is affected as otherwise provided in this agreement. This provision shall not restrict Employee from using vacation or personal leave for teaching, consulting or other activities provided these activities do not conflict with the regular duties of the Employee and are approved in writing by the Mayor, with the consent of the City Council. D. In the event written notice is not given by either party to terminate this agreement at least ninety (90) days prior to the termination date, this agreement shall be extended for successive three-year periods on the same terms and conditions provided herein. E. In the event Employee wishes to voluntarily resign the position during the term of this agreement, Employee shall be required to give the City thirty (30)days written notice of such intention, unless such notice is waived by the Mayor, with consent of the City Council. Employee will cooperate in every way with the smooth and normal transfer to the newly appointed individual. Section 3. Salary Beginning February 27, 2012, City agrees to pay Employee a monthly salary at step 4 of the salary schedule ($11,057). Employee will advance to the Top Step ($11,498) after successful performance as determined by the Mayor and City Council. The City agrees to annually increase the monthly salary and/or benefits in the same percentage as may be accorded other department heads. In addition, the Mayor and City Council agree to review the base salary and other benefits of the Employee at the Employee's annual performance review, and to make such adjustments, if any, which it deems appropriate. Section 4. Performance Evaluation. The Mayor and City Council shall review and evaluate the performance of the employee at least once annually. Said review and evaluation shall be in accordance with specific criteria developed jointly by City and Employee. Further, Employee shall receive a written copy of the findings of the evaluation process and be provided an adequate opportunity for the employee to discuss the details of the evaluation. Section 5. Hours of Work. It is recognized that Employee must devote a great deal of time outside the normal office hours to the business of the City, and to that end Employee will be allowed to take compensatory time off as Employee shall deem appropriate during normal office hours, so long as the business of the City is not adversely affected. Work in excess of forty (40) hours per week is deemed part of the professional responsibility for which the Employee shall not be paid overtime. In recognition of the extra hours required of the City Administrator, Employee shall receive eighty (80) hours of administrative leave each year to be used before June 30th or deemed forfeited. Employee will receive additional administrative leave if granted by the City Council in the Management Resolution adopted each year. Section 6. Automobile. Employee's duties require that Employee shall have the use of a motor vehicle at all times during employment with the City. The City shall provide an automobile allowance of$400.00/month for the use of said automobile for travel. Employee shall be responsible for paying for insurance, operation, maintenance and repairs of the vehicle. Section 7. Health, Welfare and Retirement. Except as modified by this agreement, Employee shall be entitled to receive the same retirement, vacation, sick leave benefits, holidays, and other fringe benefits and working conditions as they now exist or may be amended in the future, as apply to any other department head, as spelled out in the City's Management Resolution in addition to any benefits enumerated specifically for the benefit of Employee as provided in this agreement. Additionally, the City will provide forty (80) hours of vacation at the Employee's first day of work, and forty (80) hours of sick leave. The City will adjust the Employee's vacation accrual rate so that the Employee accrues vacation at the rate of fourteen (14) hours/month. Section 8. Dues and Subscriptions. City agrees to budget and to pay for the professional dues and subscriptions of Employee necessary for the continuation and full participation in national, regional, state and local associations and organizations necessary and desirable for Employee's continued professional, growth and advancement, and for the good of the City. Section 9. Professional Development The City hereby agrees to annually budget and allocate sufficient funds to pay necessary travel and living expenses of the City Administrator while he represents the City at conferences, trainings, official business meetings or professional organizations that serve the City's interest and/or are reasonably necessary to provide for the professional advancement of the City Administrator. Membership on any national or state commission or committee shall be subject to the approval of the Mayor and City Council. Section 10. Professional Liability The City agrees that it shall defend, hold harmless, and indemnify the City Administrator from all demands, claims, suits, actions, errors, or other omissions in legal proceedings brought against the City Administrator in his individual capacity or in his official capacity, provided the incident arose while the City Administrator was acting within the scope of his employment. If in the good faith opinion of the City Administrator conflict exists as regards to the defense of any such claim between the legal position of the.city and the City Administrator, he may engage counsel in which event, the City shall indemnify the City Administrator for the cost of legal counsel. Section 11. Severance Pay A. In the event Employee is dismissed during the term of this Agreement, and Employee is not being dismissed for any reason set forth in paragraphs B or C of this section, the City agrees to offer Employee a severance agreement. The amount of severance pay to be offered to Employee in the severance agreement shall be equal to the employee's monthly base salary at the time of dismissal; times the numberof months that employee has been employed up to a maximum of six (6) months. The maximum number of month's severance the City will pay will automatically increase to nine(9) months on the first extension of this contract. In addition, the severance agreement offered to the employee will require the City to continue to pay the employer portion of the premium for medical and dental insurance coverage through the end of the month the Employee's severance pay is intended to cover or until the last day of the month in which Employee obtains employment with alternative insurance whichever occurs earlier. As a condition of the severance offer, the Employee will be required to release the City, its officers, representatives, insurers, and employees from claims arising from employment with the City and separation of employment. B. Employee will not be eligible to receive the severance offer described in Paragraph A of this section if this Agreement is not renewed by the City, as provided in Section 2, above. Employee also will not be eligible to receive the severance agreement offer if Employee breaches any provision of this agreement, or if Employee engages in any act of misconduct in the performance of duties on behalf of the City. The term "misconduct" includes misappropriation, dishonesty, breach of trust, insubordination, neglect of duty, failure to perform duties in a manner that is consistent with applicable law, failure to correct performance deficiencies identified in writing by the City Council after a reasonable opportunity, as determined by the City, to correct the deficiencies; committing any violation of City policies or standards that the City deems a serious violation; or engaging in other action demonstrating a disregard for the interest of the City. The term "misconduct" also includes engaging in criminal acts or other off-duty behavior that the City views as impairing the Employee's ability to effectively perform the Employee's duties or jeopardize the reputation of the City. C. Employee will not be eligible to receive the severance offer described in Paragraph A of this Section if Employee, in accordance with applicable law, is dismissed due to a disability that prevents Employee from performing the duties of the position. Section 12. Other Terms and Conditions of Employment City shall by amendments to this agreement, fix such other terms and conditions of employment from time to time , as it may determine, relating to the performance by Employee with the agreement of Employee, provided such terms and conditions are not inconsistent or in conflict with the provisions of this agreement. Section 13. Moving and Relocation Expenses A. The City will pay expenses associated with moving Employee's household to Ashland. The City asks the Employee to obtain three (3) written quotes for this move and will pay actual cost of the move in an amount not to exceed $14,000. Moving expenses include packing, moving, storage costs, unpacking, and insurance charges for moving and storing Employee's household goods. Moving expenses also include actual lodging and meal expenses and mileage costs for moving two personal automobiles and shall be reimbursed at the current IRS allowable rate while the employee is in transit. Moving expenses shall also include actual lodging, meal expenses, and mileage (or airfare) for up to two visits to Ashland for the Employee and family for purpose of securing a permanent residence. Finally, moving expenses may also include the actual costs for employee of securing temporary housing, prior to moving into permanent housing, for up to six months. B. In the event that Employee resigns from this position or is terminated by the Mayor and City council for reasons described in paragraphs 11.B or 11.0 within 12 months of February 27, 2012, Employee shall repay the City 50% of the actual moving expenses paid under paragraph 13.A. In the event Employee resigns or is terminated (under paragraphs 11.6 or 11.C) after serving for than 12 months but less than 24 months, Employee shall repay the City 25% of the actual moving expenses paid under paragraph 13.A Section 14. Housing The City agrees to pay Employee a housing allowance until the earlier of February 27, 2013 or the date of closing on the sale of Employee's current residence. The amount of said housing allowance shall be $1,200 per month. This housing allowance shall continue to be paid after April 1, 2012, only if Employee has offered Employee's current residence for sale through a Multiple Listing Service realtor no later than March 31 2012. It is the expectation of the City that the Employee will reside inside the City limits of Ashland. Section 16. Severability. In any part, term, or provision of this agreement is held by the courts to be illegal or in conflict with the laws of the State of Oregon, the validity of the remaining portions of the agreement shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the agreement did not contain the particular part, term, or provision. Section 17. Other Terms and Conditions of Employment The Employee is subject to all personnel policies of the City of the City and the City's Management Resolution except to the extent that they are inconsistent with an expressed term of this agreement. Section 18. PERS Pick-up Employee contributions to the Public Employees' Retirement system (PERS) shall be "picked up" by the City. Employee shall not have the option of receiving money designated for retirement contributions and directly making the contribution to PERS. Employee's reported salary for tax purposes shall be reduced by the amount of the employee's contribution to PERS. Section 19. Complete Agreement This agreement shall constitute the entire agreement between the City and Employee and supersedes all prior agreements, representations and understandings between them. No supplement, modification or amendment of this Agreement shall be binding on the City unless it is set forth in a writing that is signed by the Mayor and approved by the City Council. Likewise, no waiver or any provision of this Agreement shall be valid unless set forth in writing that is signed by the Mayor and approved by the City Council. Dated this day of February 2012 Barbara Christensen John Stromberg City Recorder Mayor Accepted this day of February 2012 Dave Kanner CITY OF ASHLAND Council Communication Resolution to Adopt a Commissions & Committees Operations Guide Meeting Date: February 21, 2012 Primary Staff Contact: Lee Tuneberg Department: Administrative Servi s E-Mail tuneberl @ashland.or.us Secondary Dept.: Legal Secondary Contact: David Lohman Approval: Larry /59�/,_// Estimated Time: Consent Question: Will Council approve the a ched resolution to formally adopt a Commissions & Committee's Operations Guide? Staff Recommendation: Staff recommends Council approve the attached resolution adopting a Commissions & Committees Operations Guide. Background: At Council's request, Staff prepared a draft Commissions & Committees Operations Guide to provide specific processes and approval criteria for Commission and Committee expenditure and endorsement/ sponsorship recommendations. The draft Operations Guide was presented and discussed at the February 7, 2012 Council meeting. Approval of the attached resolution formally adopts the Operations Guide. Any future additions, deletions or modifications to the Operations Guide will require Council approval in the form of an amended or new resolution. Related City Policies: AMC 2.10.090—Council as Final Decision Maker AMC 2.10.100 - Budget, Compensation and Expenses Council Options: 1) Adopt the resolution by consent thereby creating the City Commissions/Committees Operations Guide as proposed; 2) Remove from the consent agenda and revise the guidelines as deemed appropriate and adopt the resolution; or 3) Remove from the consent agenda and provide direction to Staff for additional revision for Council review at.a subsequent Council meeting date. Potential Motions: N/A - Consent Attachments: Draft Resolution adopting City Commission/Committee Operations Guide Draft City Commissions/Committees Operations Guide Page 1 of 1 MAI RESOLUTION NO. 2012- A RESOLUTION ADOPTING A CITY COMMISSIONS/COMMITTEES OPERATIONS GUIDE Recitals: A. Ashland Municipal Code 2.10 regulates the policies and operating procedures for Advisory Commissions and Committees; B. The City wishes to provide more specific and consistent operational and process guidance for each of its Advisory Commissions Committees. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The attached Commissions & Committees Operations Guide establishes new processes and procedures for Advisory Commission and Committee operations as authorized by Ashland Municipal Code 2.10. SECTION 2. Future additions and modifications to the attached operations guide will require approval of a new resolution. SECTION 3. This resolution was duly PASSED and ADOPTED this day of , 2012, and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this day of February, 2012. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Page 1 of 1 C IT Y OF -ASH LAN D Commissions & Committees Operations Guide In support of the Uniform Policies and Operating Procedures for Advisory Commission and Boards (Ashland Municipal Code 2.10), the Commissions &Committees Operations Guide provides specific criteria and process for administrative activities of the City's appointed Advisory Commissions, Committees and Boards, with the exclusion of the Ashland Parks and Recreation Commission and the Ashland Hospital Board. 1. City Endorsement or Sponsorship of Events/Programs As part of fulfilling their purpose and duties, Commission may propose or be requested by the public to support community programs, activities and events. As an advisory to the City Council and as part of the overall structure of the City Municipal government, sponsorships function as an endorsement by the City as a whole and must be issued with full consideration of their impact to the organization. Definitions Endorsement—A public expression of support for a program, activity or event. Sponsorship—Financial support for a program, activity or event conducted by others. Financial Commitment/Investment—Direct expense from approved City Departmental Budget for a program, activity or event conducted by others. Requests for City Endorsement To ensure that a Commission request for an endorsement is consistent with the purpose and duties of the requesting Commission as well as that of the City Council and the City as a whole, approval of Commission request for City endorsement shall be approved as follows: A. Endorsement requests shall be made by a Commission through the motion and roll call vote process. As part of Commission deliberation and decision, the following findings shall be made to support the recommendation of the Commission: i. Correlation of the endorsement request to the Commission's purpose and duties to support the recommendation of the endorsement. ii. Proposed involvement of Commissioners, City Staff or Elected Officials in the program, event or activity, if any. iii. Proposed use of City endorsement (advertising, grant application, discounts/waivers/etc) Page 1 of 3 B. The approved recommendation for endorsement shall be forwarded to the City Council on the Consent Agenda for their approval at the next available City Council meeting, as determined by the City Administrator. C. The City Council will consider the endorsement request using the Commission powers and duties set forth in Chapter 2 of the Ashland Municipal Code and other supporting documentation from the requesting Commission, including but not limited to: i. Historical involvement of the City in the event, program or activity. ii. Expectations and role of the City Commission embedded in the endorsement. iii. Relationship of the sponsorship request to the requesting Commission's approved annual goals. iv. Relationship of the event, program or activity to other existing adopted/approved City Council goals, policies, projects or strategies. D. The decision of the City Council is final and shall be reported back to the Commission through the appropriate Department Head or assigned designee at the next available Commission meeting. Requests for City Sponsorship As defined above, a sponsorship request is an endorsement that also includes a financial commitment/investment from the City to the program, activity or event. A financial commitment/investment of the City includes expenses from Departmental budgets paid by the City to support the program, activity or event. Reductions or waivers of fees and charges established by resolution is not a financial commitment and any requests for such waivers or reductions follow the processes outlined in the adopting resolution. In addition to the endorsement request process outlined above, requests for City sponsorship shall also follow the Approval of Expenditures process provided below. IL Approval of Expenditures City Commissions and Committees may be provided funding for Commission related expenses that assist in meeting their stated purpose,powers and duties through City Departmental budgets, as defined in Ashland Municipal Code(AMC) 2.10.100. Department Heads are responsible for the management of Department budgets, including approval of expenditures in all line items appropriated by the Citizen's Budget Committee and the City Council. Page 2 of 3 To ensure adequate management controls of departmental budgets, the following expenditure request process shall be utilized by appointed City Commissions and Committees A. By Commission motion and roll call vote, approved recommendations/ requests for expenditures of Commission related Departmental appropriations are forwarded to the appropriate Department Head for approval in advance of incurring any liability (prior to expenditures or commitments from the Commission for a pending expenditure). B. The Department Head, or approved designee, shall make a decision and communicate back to the Commission prior to or at the Commission meeting subsequent to the formal request, including at the time of the Commission request, if feasible. C. The Commission may appeal the decision of the Department Head to City Council with the item placed on the next available Council agenda as determined by the City Administrator. D. For operational efficiency, the Commission, with agreement from the appropriate Department Head or designee, may make annual expenditure recommendations/requests by category (dues, training/conference registration fees, travel, etc.) or by maximum dollar amount (under$50, under$100, etc.) rather than by individual request. E. Department Head approved expenses for Commission endorsements/ sponsorships of programs, activities or events shall be reported through Commission meeting minutes to provide notice and review by Council as part of Commission minutes approval in a subsequent meeting. 111. Commission Funding Requests Consistent with AMC 2.10.100, Commissions may be provided funding for expenditures associated with their purpose, charge and duties. Requests for funding must be approved by the Commission and forwarded to the appropriate Department Head through the Commission Staff Liaison by the second Commission meeting of the calendar year to be considered for inclusion in the overall Department budget request for the following fiscal year. Page 3 of 3 CITY OF -ASHLAND Council Communication A Resolution Adopting Goals, Criteria, and Requirements for the Economic, Cultural, an4 Sustainability Grant Program Meeting Date: February 21, 201 Primary Staff Contact: Lee Tuneberg Department: Administrativ S ices E-Mail: tuneberl @ashland.or.us Secondary Dept.: None Secondary Contact: None Approval: Larry Patte n Estimated Time: 15 Minutes Question: Will Council approve a resol utu adopting goals, criteria and requirements for the new policy and scoring approach for the City's annual economic, cultural, and sustainability grant program? Staff Recommendation: Staff recommends Council adopt the resolution as presented or amended from discussion during this or prior meetings. Background: Council has reviewed and discussed this new policy and approach for evaluating grant applications and allocating funds at multiple meetings. Action is necessary to change the process to address issues that have been raised over the prior grant process administered through the annual budget process. The resolution, policy and scoring form are attached as revised in the October 17, 2011, and February 7, 2012, meetings but added revisions may be necessary based upon discussion in the study session held earlier tonight and from other input from Mayor and Council or the public. Changes should be of sufficient specificity to allow the granting process for FY 2012-2013 to proceed. If no action is taken then the direction is needed on how staff is to proceed with the grant process including continued use of Resolution 2011-07. Related Council Policies: Economic Development Strategy. http://www.ashland.or.us/files/Ashland EconomicDevelopmentStrategy Final2.pdf Council Options: • Adopt the proposed policy • Modify the proposed policy and then adopt it • Request additional changes from staff prior to adoption • Reject the proposed policy and keep the grant program the same as in prior years Potential Motions: • 1 move that the Council adopt the proposed policy by adopting the attached resolution. • 1 move to amend the proposed policy by Pagel of 2 �1, CITY OF ASHLAND • 1 move to reject the proposed policy and use the same program as we have in prior years. Attachments: Resolution adopting Goals, Criteria and Requirements Page 2 of 2 �r, RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASHLAND ADOPTING GOALS, CRITERIA, AND REQUIREMENTS FOR THE ECONOMIC, CULTURAL, AND SUSTAINABILITY GRANT PROGRAM THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. That the City of Ashland collects a Transient Occupancy Tax. Revenues from the Transient Occupancy Tax are used to fund General Governmental expenses, economic development, tourism promotion and the City's Economic, Cultural, and Sustainability Grant program. SECTION 2. That the City of Ashland purchases services from non-profits that it might otherwise provide directly through its Economic, Cultural, and Sustainability Grant. The grant program has three basic goals: • Economic Development. • Cultural Development. • Sustainability. SECTION 3. That the City Council wishes to establish clear goals, categories, criteria, and program requirements for the Economic, Cultural, and Sustainability Grant program. Therefore the "Policy for Economic, Cultural and Sustainability Grants" attached as Exhibit A is adopted and incorporated by this reference. SECTION 4. That the City Council will allocate funds to the Economic, Cultural, and Sustainability Grant program each year, by resolution, prior to soliciting applications from nonprofits. SECTION 5. This resolution was duly PASSED and ADOPTED this day of 2012 and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this day of .12012. John Stromberg,.Mayor Reviewed as to form: David Lohman, City Attorney Page 1 of 1 Exhibit A Policy for Economic, Cultural and Sustainability Grants Program Goals, Categories, Criteria, and Requirements The City of Ashland collects a Transient Occupancy Tax, from people who stay in overnight lodging within the City limits. Over half(58%) of those funds are reserved for the City's General Fund and are used to support Police, Fire, Community Development, and Municipal Court. Slightly more than a quarter(26.67%) of those funds are used to support the tourism industry. The tourist funds are either allocated directly to groups that market Ashland to tourists or are spent on capital facilities that enhance the tourism experience within the community. The remaining funds are dedicated to the City's annual grant program. The amounts that go to each of these programs are allocated prior to the beginning of each fiscal year by the Ashland City Council, generally in February. The City of Ashland reinvests a portion of the funds generated by the Transient Occupancy Tax (TOT) in community non-profits through an annual grant program. Through the grant program, the City is purchasing specific services from non-profits that it might otherwise provide directly. The grant program has three basic goals: • Economic Development. The grant program will support the creation, retention, and expansion of businesses and other ventures that enrich our community by creating goods and services that provide employment opportunities while maintaining and enhancing the overall quality of life. The 2011 Economic Development Strategy provides both policy level and action level guidance for eligible grant application programs and activities • Cultural Development. The grant program will support increased diversity of and accessibility to the creative arts and cultural opportunities in Ashland for citizens and visitors and will support the visitor economy, maintain and promote job growth in this sector and enrich the overall quality of life in the community. • Sustainability. The grant program will create and support programs and activities to further support efforts to ensure Ashland is environmentally, economically and socially resilient as a community. 1. GRANT CATEGORIES Non-profit organizations applying for these grants must identify the category of funds that their application meets. Applicants may request funds from multiple categories, but the justification for applying in multiple categories needs to be clearly spelled out in the application. In addition, the City may identify a portion of any grant as one that serves tourists. That is, some of the awarded funds will be used to attract visitors from over 50 miles away or to encourage people to spend the night in a hotel, motel, or bed &breakfast inn within Ashland. A. Economic Development Grant allocations in the Economic Development category will be made to implementthe City's Economic Development Strategy. Economic, Cultural, and Sustainability Grant Program — 10/19/2011 Page 1 Eligible activities include: 1. Specific implementing actions or programs identified in the economic development strategy. Those activities can be found at http://ashland.or.us/files/Ashland EconomicDevelopmentStrategy Final.pdf, on pages 8 through 22. 2. Programs and activities that foster creation, expansion or retention of existing businesses in the community that • rely on and earn a competitive advantage from innovation, creativity, design, proto- typing and technology • produce specialty and value added goods or services with a market beyond our local economy 3. Programs and activities that improve the coordination and collaboration among local and regional economic development partners. 4. Programs and activities that increase the availability of investment capital for local business 5. Programs and activities that improve local educational & technical skills to match local business workforce needs 6. Specific programs and activities that increase tourism throughout the year. Criteria for evaluation The City seeks to accomplish the desired outcomes from the economic development strategy (page 23) through the grants, and therefore these outcomes will be used to evaluate applications. Applications for the Economic Development Grants will be evaluated based on the following criteria: • Likelihood that the proposed activity will increase total employment within Ashland (15 points). • Likelihood that the proposed activity will increase the number of businesses obtaining a business license in Ashland (15 points). • Employment and businesses additions will be added in enterprises that rely on innovation, creativity (etc.) or produce a specialty good or service for export. (10 points) • Likelihood that the proposed activity will assist existing businesses within Ashland in expanding or remaining in the community(15 points) • Likelihood that the proposed activity would result in jobs that are at or above the median income for Ashland (15 points). • Likelihood that the proposed activity will increase the hotel/motel occupancy in Ashland or will increase business at local restaurants and retail shops (20 points). • Likelihood that the proposed activity will increase the total number of jobs in tourism, hotels, restaurants, and retail businesses (10 points) • Likelihood that the proposed activity will increase hotel/motel occupancy and restaurant/retail business in the months of October through April. (10 points) Economic, Cultural, and Sustainability Grant Program— 10/19/2011 Page 2 B. Cultural Development Cultural development grants are intended to support the retention and growth of Ashland's unique cultural offerings, both to residents and tourists alike. Leveraging and expanding Ashland's cultural assets such creative, performing and visual arts, historic preservation and education, brings creative community prosperity and adds to the overall quality of life of the community. Ashland's visitor economy also thrives on the cultural and performing arts sector, so increasing the diversity of cultural opportunities for visitors strengthens the tourism economy overall. The City's grant program is designed to strengthen existing cultural activities, increase the number and diversity of cultural activities, maintain and expand job growth in this sector, and increase both resident and visitor access to these activities. Eligible activities include: 1. Programs or activities that create of new cultural offerings unique from existing local offerings, activities or programs 2. Programs or activities that ensure the long-term success of local cultural groups 3. Expansion in size or scope of an existing cultural offerings, activities or programs 4. Expansion of access by audiences to those existing offerings, activities or programs 5. Support services targeted to existing or proposed cultural offerings, activities or programs Criteria for Evaluation. Grant applications for cultural development monies will be evaluated based on the following. • Amount that the proposed activity will diversify the number, type, or availability to cultural service, activity or program proposed compared with existing local cultural opportunities.(20 points) • Amount that the proposed activity ensures long-term access to an important aspect of the visual or performing arts or other local cultural attraction (20 points) • Degree to which the proposed activity will collaborate with an existing cultural program or will leverage another cultural opportunity.(]0 points) • Amount which the proposed activity will increase access to cultural programs or activities, especially by those who may not otherwise have access such as low income residents, children, or minority groups (20 points) • Likelihood that the proposed activity will increase the total number of jobs in the local cultural arts sector (10 points) • Likelihood that the proposed activity will increase the hotel/motel occupancy in Ashland or will increase business at local restaurants and retail shops in Ashland.(20 points). • Likelihood that the proposed activity will increase the total number of jobs in tourism, hotels, restaurants, and retail businesses in Ashland (10 points) • Likelihood that the proposed activity will increase hotel/motel occupancy and restaurant/retail business in Ashland in the months of October through April. (10 points) Economic, Cultural, and Sustainability Grant Program — 10/19/2011 Page 3 C. Sustainabilitv The goal of the sustainability grants process is to support the exploration and expansion of efforts to ensure that Ashland is an environmentally, economically, and socially resilient community well into the future. Eligible activities include: 1. Program development, education & training, and outreach related to: local renewable energy supply, production and use; energy efficiency and conservation; water use efficiency and conservation; local food supply; local natural resource or ecology; resource reclamation, reuse and recycling 2. Programs and activities that would directly assist local businesses in energy, water, waste, and supply chain efficiencies and reductions 3. Programs and activities that increase local to local purchasing either by businesses or by retail consumers. Criteria for Evaluation. Grant applications for sustainability monies will be evaluated based on the following. • Likelihood that the proposed activity will reduce consumption of a critical resource by citizens or businesses in the community. Resources include fuel, electricity, water, land, air, or other natural resources. (20 points) • Likelihood that the proposed activity will be "transferable."That is, the lessons and experiences gained through the program or activities can be transferred to another resource, organization, or community. (10 points) • Likelihood that the proposed activity will reduce citizen or business dependence on food, goods or services shipped in from outside the Rogue Valley(10 points). • Likelihood that the proposed activity will increase the hotel/motel occupancy in Ashland or will increase business at local restaurants and retail shops in Ashland.(20 points). • Likelihood that the proposed activity will increase the total number of jobs in tourism, hotels, restaurants, and retail businesses in Ashland.(10 points) • Likelihood that the proposed activity will increase hotel/motel occupancy and restaurant/retail business in Ashland in the months of October through April. (10 points) Economic, Cultural, and Sustainability Grant Program — 10/19/2011 Page 4 11. GRANT APPLICATION AND AWARD REQUIREMENTS Grant applicants and corresponding grant applications must adhere to the following program requirements: 1. Grantee shall be registered as a 501(c) non-profit 2. Grantee shall be a non-government entity 3. Minimum grant award will be $1,000 per grant category and $2,500 per grant application 4. Grant award shall be utilized consistent with the associated applicant proposal and shall be primarily oriented to the grantee's Ashland activities and programs. Grant funds may also be utilized for a proportionate share of Grantee's overall administrative expenses. 5. An applicant can apply for grant funds from more than one category, however, it is the responsibility of the applicant to specify the categories and funds requested for each category and clearly describe how the proposal meets the criteria for each category. 6. Grantees must submit the application to the City prior to the deadline, which is established each year by the City's Administrative Service Department. Absolutely no late applications will be accepted. The City is aware that sometimes "life" intervenes, and therefore, we urge grantees to have a back up plan to ensure that the application is not late. 111. GRANT REPORTING Grant award recipients shall submit a written report to the City of Ashland at the end of grant period. Report requirements include: Report Content 1.. Financial summary of the utilization of grant funds towards the objectives set forth in the grant award application. 2. Statistical summary of the positive economic, cultural or sustainability impacts associated - with the utilization of grant funds based on the scoring categories used to make the grant award. Applicants should provide actual data on one or more of the following outcomes: • Number of actual jobs created as a direct result of the City grant • Number of new business licenses issued as a direct result of the City grant • Median wage of actual jobs created as a direct result of the City grant • Number of people who travelled to Ashland from over 50 miles away as a direct result of activities funded by the City's grant • Number of additional overnight stays in Ashland transient lodging businesses as a direct result of the City's grant • Number of additional events offered in Ashland as a direct result of the City's grant • Number of additional people who attended a cultural event in Ashland as a direct result of the City's grant • Number of additional children, seniors, or low income residents who attended a cultural event in Ashland as a direct result of the City's grant • Amount of conservation or reduction in use of a critical natural resource by Ashland residents, businesses or visitors that is directly attributable to the grant. Document the resource and the evidence that the grant activity resulted in its conservation. Economic, Cultural, and Sustainability Grant Program — 10/19/2011 Page 5 3. Any other program or activity specific data associated with the grant award Report Submittal 1. End of Grant report shall be submitted to the City Administrator's Office by October 1" following the end of the grant award period (July 1-June 30) 2. Failure to submit an acceptable End of Grant report by the required due date disqualifies the grantee from future grant application eligibility. Economic, Cultural, and Sustainability Grant Program— 10/19/2011 Page 6 Grant Program Final Resolution Added to the Packet RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASHLAND ADOPTING GOALS, CRITERIA, AND REQUIREMENTS FOR THE ECONOMIC, CULTURAL, TOURISM AND SUSTAINABILITY GRANT PROGRAM THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. That the City of Ashland collects a Transient Occupancy Tax. Revenues from the Transient Occupancy Tax are used to fund General Governmental expenses, economic development, tourism promotion and the City's Economic, Cultural, Tourism and Sustainability Grant program. SECTION 2. That the City of Ashland purchases services from non-profits that it might otherwise provide directly through its Economic, Cultural, Tourism and Sustainability Grant. The grant program has four basic goals: • Economic Development • Cultural Development • Tourism Promotion • Sustainability SECTION 3. That the City Council wishes to establish clear goals, categories, criteria, and program requirements for the Economic, Tourism, Cultural, and Sustainability Grant program. Therefore the "Policy for Economic, Cultural, Tourism and Sustainability Grants"attached as Exhibit A is adopted and incorporated by this reference. SECTION 4. That the City Council will allocate funds to the Economic, Cultural, Tourism and Sustainability Grant program each year, by resolution, prior to soliciting applications from nonprofits. SECTION 5. This resolution was duly PASSED and ADOPTED this day of 2012 and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this day of .12012. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Page 1 of I CITY OF Exhibit A -ASH LAN D Economic, Cultural, Tourism and Sustainability Grants Policy Program Goals, Categories, Criteria, and Requirements The City of Ashland collects a Transient Occupancy Tax, from people who stay in overnight lodging within the City limits. Over half(58%) of those funds are reserved for the City's General Fund and are used to support Police, Fire, Community Development, and Municipal Court. Slightly more than a quarter (26.67%) of those funds are used to support the tourism industry. The tourist funds are either allocated directly to groups that market Ashland to tourists or are spent on capital facilities that enhance the tourism experience within the community. The remaining funds are dedicated to the City's annual grant program. The amounts that go to each of these programs are allocated prior to the beginning of each fiscal year by the Ashland City Council, generally in February. The City of Ashland reinvests a portion of the funds generated by the Transient Occupancy Tax (TOT) in community non-profits through an annual grant program. Through the grant program, the City is purchasing specific services from non-profits that it might otherwise provide directly. The grant program has four basic goals: • Economic Development. The grant program will support the creation, retention, and expansion of businesses and other ventures that enrich our community by creating goods and services that provide employment opportunities while maintaining and enhancing the overall quality of life. The 2011 Economic Development Strategy provides both policy level and action level guidance for eligible grant application programs and activities., • Cultural Development. The grant program will support increased diversity of and accessibility to the creative arts and cultural opportunities in Ashland for citizens and visitors and will support the visitor economy, maintain and promote job growth in this sector and enrich the overall quality of life in the community. • Tourism. As a long standing pillar of Ashland's economy, tourism programs support programs, activities and events that.act similarly to more traditional traded sector activity in that dollars from outside the community are brought in and circulated locally to the benefit of our local businesses. • Sustainability. The grant program will create and support programs and activities to further support efforts to ensure Ashland is environmentally, economically and socially resilient as a community. I. GRANT CATEGORIES Non-profit organizations applying for grants must identify the category of funds that their application meets and will be evaluated and scored by the sub-committee using the attached scoring sheet. Applicants may request funds from multiple categories, but the justification for applying in multiple categories needs to be clearly spelled out in the application. CITY OF -ASHLAND A. Economic Development Grant allocations in the Economic Development category will be made to implement the City's Economic Development Strategy. Eligible activities include: 1. Specific implementing actions or programs identified in the economic development strategy. Those activities can be found at http://ashland.or.us/files/Ashland EconomicDevelopmentStrategy Final.pdf, on pages 8 through 22. 2. Programs and activities that foster creation, expansion or retention of existing businesses in the community that • rely on and earn a competitive advantage from innovation, creativity, design, proto- typing and technology • produce specialty and value added goods or services with a market beyond our local economy 3. Programs and activities that improve the coordination and collaboration among local and regional economic development partners. 4. Programs and activities that increase the availability of investment capital for local business 5. Programs and activities that improve local educational & technical skills to match local business workforce needs Criteria for evaluation The City seeks to accomplish the desired outcomes from the economic development strategy (page 23) through the grants, and therefore these outcomes will be used to evaluate applications. Applications for the Economic Development Grants will be evaluated and scored based on the following criteria: • Likelihood that the proposed activity will increase total employment within Ashland • Likelihood that employment and businesses additions will be added in enterprises that rely on innovation, creativity(etc.) or produce a specialty good or service for export. • Likelihood that the proposed activity will assist existing businesses within Ashland in expanding or remaining in the community • Likelihood that the proposed activity would result in jobs that are at or above the median income for Ashland B. Cultural Development Cultural development grants are intended to support the retention and growth of Ashland's unique cultural offerings, both to residents and tourists alike. Leveraging and expanding Ashland's cultural assets such creative, performing and visual arts, historic preservation and education, brings creative community prosperity and adds to the overall quality of life of the community. Ashland's visitor economy also thrives on the cultural and performing arts sector, CITY OF -ASHLAND so increasing the diversity of cultural opportunities for visitors strengthens the tourism economy overall. The City's grant program is designed to strengthen existing cultural activities, increase the number and diversity of cultural activities, maintain and expand job growth in this sector, and increase both resident and visitor access to these activities. Eligible activities include: 1. Programs or activities that create of new cultural offerings unique from existing local offerings, activities or programs , 2. Programs or activities that ensure the long-term success of local cultural groups 3. Expansion in size or scope of an existing cultural offerings, activities or programs 4. Expansion of access by audiences to those existing offerings, activities or programs 5. Support services targeted to existing or proposed cultural offerings, activities or programs Criteria for Evaluation. Grant applications for cultural development monies will be evaluated and scored based on the following. • Amount that the proposed activity will diversify the number, type, or availability to cultural service, activity or program proposed compared with existing local cultural opportunities. • Amount that the proposed activity ensures long-tern access to an important aspect of the visual or performing arts or other local cultural attraction • Degree to which the proposed activity will collaborate with an existing cultural program or will leverage another cultural opportunity. • Amount which the proposed activity will increase access to cultural programs or activities, especially by those who may not otherwise have access such as low income residents, children, or minority groups C. Tourism As a long standing pillar of Ashland's economy, tourism programs support programs, activities and events that act similarly to more traditional traded sector activity in that dollars from outside the community are brought in and circulated locally to the benefit of our local businesses Criteria for Evaluation. Grant applications for tourism monies will be evaluated and scored based on the following. • Likelihood that the proposed activity or event will increase hotel/motel occupancy or increase local restaurant and retail business sales • Likelihood that the proposed activity will increase the total number of jobs in tourism, hotels, restaurants, and retail businesses in Ashland CITY OF ,ASHLAND • Likelihood that the proposed activity will increase hotel/motel occupancy and restaurant/retail business in Ashland in the months of October through April. • Likelihood that the proposed activity will create or support a new non-traditional tourism related event D. Sustainability The goal of the sustainability grants process is to support the exploration and expansion of efforts to ensure that Ashland is an environmentally, economically, and socially resilient community well into the future. Eligible activities include: 1. Program development, education&training, and outreach related to: local renewable energy supply, production and use; energy efficiency and conservation; water use efficiency and conservation; local food supply; local natural resource or ecology; resource reclamation, reuse and recycling 2. Programs and activities that would directly assist local businesses in energy, water, waste, and supply chain efficiencies and reductions 3. Programs and activities that increase local to local purchasing either by businesses or by retail consumers. Criteria for Evaluation. Grant applications for sustainability monies will be evaluated and scored based on the following. • Likelihood that the proposed activity will reduce consumption of a critical resource by citizens or businesses in the community. Resources include fuel, electricity, water, land, air, or other natural resources. • Likelihood that the proposed activity will be"transferable." That is, the lessons and experiences gained through the program or activities can be transferred to another resource, organization, or community. • Likelihood that the proposed activity will reduce citizen or business dependence on food, goods or services shipped in from outside the Rogue Valley, i.e. "buy local' efforts. • Degree to which the proposed activity provides quality sustainability related educational opportunities to the community CITY OF ASHLAND II. GRANT APPLICATION AND AWARD REQUIREMENTS Grant applicants and corresponding grant applications must adhere to the following program requirements: 1. Grantee shall be registered as a 501(c) non-profit 2. Grantee shall be a non-government entity 3. Minimum grant award will be $1,000 per grant category and $5,000 per grant application 4. Grant award shall be utilized consistent with the associated applicant proposal and shall be primarily oriented to the grantee's Ashland activities and programs. Grant funds may also be utilized for a proportionate share of Grantee's overall administrative expenses. 5. An applicant can apply for grant funds from more than one category, however, it is the responsibility of the applicant to specify the categories and funds requested for each category and clearly describe how the proposal meets the criteria for each category. 6. Grantees must submit the application to the City prior to the deadline, which is established each year by the City's Administrative Service Department. Absolutely no late applications will be accepted. The City is aware that sometimes "life" intervenes, and therefore, we urge grantees to have a back up plan to ensure that the application is not late. III. GRANT REPORTING Grant award recipients shall submit a written report to the City of Ashland at the end of grant period. Report requirements include: Report Content 1. Financial summary of the utilization of grant funds towards the objectives set forth in the grant award application. 2. Statistical summary of the positive economic, cultural or sustainability impacts associated with the utilization of grant funds based on the scoring categories used to make the grant award. Applicants should provide actual data on one or more of the following outcomes: • Number of actual jobs created as a direct result of the City grant • Number of new business licenses issued as a direct result of the City grant • Median wage of actual jobs created as a direct result of the City grant • Number of people who travelled to Ashland from over 50 miles away as a direct result of activities funded by the City's grant • Number of additional overnight stays in Ashland transient lodging businesses as a direct result of the City's grant • Number of additional events offered in Ashland as a direct result of the City's grant • Number of additional people who attended a cultural event in Ashland as a direct result of the City's grant • Number of additional children, seniors, or low income residents who attended a cultural event in Ashland as a direct result of the City's grant • Amount of conservation or reduction in use of a critical natural resource by Ashland residents,businesses or visitors that is directly attributable to the grant. Document the resource and the evidence that the grant activity resulted in its conservation. CITY OF ASHLAND 3. Any other program or activity specific data associated with the grant award Report Submittal 1. End of Grant report shall be submitted to the City Administrator's Office by October 1 t following the end of the grant award period (July 1-June 30) 2. Failure to submit an acceptable End of Grant report by the required due date disqualifies the grantee from future grant application eligibility. Draft Economic, Cultural, Tourism and Sustainability Grants Scoring Sheet Grant Applicant Name: (FILLED IN BY FINANCE STAFF) Proposed Project Summary: (FILLED IN BY FINANCE STAFF) Committee Member Scoring the Application: (FILLED IN BY member) GRANT APPLICATION EVALUATION CRITERIA 1 1 1 ' 1 1 Mama Likely to increase total employment 4 Likely to increase employment and number of enterprises in the target industries 4 Likely to assist existing businesses to remain or expand 4 Likely to result in jobs at or above the median income 4 1 1 We&hit 1I III I=1 ' ' 11 11319MMIAMM I I 91414 l l Increase in number,type or availability of cultural events 4 Important to provide long-term access for residents to a particular cultural in or to the visual and performing arts 4 Significant collaboration with existing cultural program or leverage of existing program 4 Significant increase in access to people who might not otherwise have access, e.g., low income,children, minority groups 4 1 1 1 1 ' 11 I 1 1 ' Increase in hotel/motel occupancy or increase in local restaurant and retail business sales 4 Increase in total number of toursim, hotel,restaurant,or retail jobs 4 Increased occupancy or restaurant/retail business will occur in October through April 4 Creation(or support for)a non-traditional tourism related event 4 MEXam Reduction in consumption of fuel, electricity, water, land, air or other natural resource 4 Activity is transferable to another situation,resource,or community 4 Reduction in dependency on food, good,or services shipped in from outside the Rogue Valley(i.e. buy local efforts) 4 Sustainability related community educational program,event or activity 4 1 1 1 TOTAL NUMBER OF POINTS FOR APPLICATION1 64 0 CITY OF ASHLAND Council Communication A Resolution Allocating Anticipated Revenues from the Transient Occupancy Tax for the FY 2012-2013 liudget and Repealing Resolution 2011-07 Meeting Date: February 21, 20121 Primary Staff Contact: Lee Tuneberg Department: Administrative ices E-Mail: tuneberl @ashland.or.us Secondary Dept.: None Secondary Contact: None Approval: Larry Patters Estimated Time: 10 minutes Question: Will Council approve the resoluti allocating TOT revenues consistent with discussion and approval by vote taken on February 7, 2012? Staff Recommendation: Staff recommends Council approve the resolution. Background: The attached resolution and table are consistent with action taken by council on February 7, 2012, allocating funds for the identified purposes in the amounts specified. Related Council Policies: Financial and Budget Policies Council Options: . • Adopt the resolution. • Modify the resolution and then adopt it • Request additional changes from staff prior to adoption • Reject the proposed resolution and keep the grant allocations consistent with the prior resolution Potential Motions: • I move that the Council adopt the resolution. • 1 move to amend the resolution ... • 1 move to reject the proposed resolution. Attachments: Draft Resolution Resolution 2011-07 Page 1 of 1 �r, RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASHLAND ALLOCATING ANTICIPATED REVENUES FROM THE TRANSIENT OCCUPANCY TAX FOR THE FY 2012-2013 BUDGET AND REPEALING RESOLUTION 2011-07. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. That the City of Ashland collects a Transient Occupancy Tax, as outlined in the Ashland Municipal Code 4.24. Revenues from the Transient Occupancy Tax are used to fund General Governmental expenses, economic development, tourism promotion and the City's Economic, Cultural, and Sustainability Grant program. SECTION 2. The City of Ashland has adopted policies for the grant program. Through the grant program, the City is purchasing services from non-profits that it might otherwise provide directly. The grant program has three basic goals: • Economic Development. The grant program will support the creation, retention, and expansion of businesses and other ventures that enrich our community by creating goods and services that provide employment opportunities while maintaining and enhancing the overall quality of life. • Cultural Development. The grant program will support increased diversity and accessibility of the creative arts and cultural opportunities in Ashland for citizens and visitors both to support the visitor economy and to enrich the quality of life in the community. • Sustainability. The grant program will support efforts to ensure Ashland is environmentally, economically and socially resilient as a community. SECTION 3. The City of Ashland has determined that as of July 1, 2003, $186,657 or 14.23% of total Hotel/Motel tax revenues were expended on tourism promotion, as defined in Chapter 818 of the 2003 Oregon Laws, and will continue to be spent on tourism promotion increased or decreased annually consistent with the estimated TOT revenues budgeted. Additionally, Chapter 818 requires 70% of any increased TOT revenue generated by a higher tax rate is committed to tourism promotion. Appropriations for tourism are based upon the following percentages established in FY 2009-10 when the rate was increased from 7%-9%: 1. A minimum of 14.23% of the estimated TOT revenue to be generated by the first 7% tax rate for tourism promotion per Chapter 818, 2. A minimum of 70% of the estimated TOT revenue to be generated by additional tax rates approved by Council on June 3, 2008 for tourism promotion per Chapter 818. For fiscal year 2012-2013, the City of Ashland expects to budget $1,995,000 in total Transient Pagel of 3 Occupancy Tax. Those funds are split between tourism and non tourism uses as follows: Tourism (26.67% of total): $ 532,065 Non Tourism (73.33% of total): $1,462,935 Tourism Portion Chamber of Commerce VCB - 56% of Tourism funds, estimated for $297,956 FY 2012-2013 as Oregon Shakespeare Festival —$110,000 of Tourism funds, $110,000 estimated as 21% for FY 2012-2013 City Economic, Cultural, and Sustainability Grant program - 10% of $53,206 Tourism funds, estimated for FY 2012-2013 as Public Art — 3% of Tourism funds, estimated for FY 2012-2013 as $15,962 Other City Capital Projects that qualify or Grants - the balance of $54,941 Tourism funds , estimated for FY 2012-2013 as If the actual TOT revenue, dedicated for Tourism, is in excess of the above allocations or if actual, qualifying expenditures in the year are less than the appropriated amount, the additional or unused amount(s) will be reserved for future Tourism related projects or Capital Improvements that qualify per the state definition as determined by Council. Non Tourism Portion The remaining estimated TOT revenue (not restricted by use) will be appropriated for other uses through the budget process with the following priorities and dollar amounts as minimums unless insufficient tax proceeds remain after meeting tourism requirements: 1st Priority General Fund operations— 80% of Unrestricted funds, $1,170,345 estimated for FY 2012-2013 as 2nd Priority City Economic Development program - 10% of Unrestricted $146,295 funds, estimated for FY 2012-2013 as 3rd Priority City Economic, Cultural, and Sustainability Grant program, the $146,295 balance, estimated for FY2012- 2013 as Economic Development programs or other projects are City activities unless otherwise specified by Council prior to the budget process. Council may determine that such funds are available for granting purposes and they will then be made available for the coming budget process and allocation. If insufficient TOT revenues are generated for the above allocations, the highest priority uses will receive their full allocation before a lower priority allocation. Unrestricted TOT revenue unspent in a budget year becomes part of the General Fund unrestricted ending fund balance unless otherwise determined by City Council. SECTION 4. Resolution 2011-07 is repealed upon passage of this resolution. Page 2 of 3 SECTION 5. This resolution was duly PASSED and ADOPTED this day of , 2012 and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this day of 12012. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Page 3 of 3 RESOLUTION NO. J0 I I-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASHLAND REITERATING ITS POLICY RELATING TO THE EXPENDITURE OF MONIES FOR ECONOMIC AND CULTURAL DEVELOPMENT TO THE HOTEL/MOTEL (Transient Occupancy) TAX AND REPEALING RESOLUTION 2010-06. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. That the City Council recognizes that the source of monies for the Economic and Cultural Development Grant program is the Hotel/Motel Tax also known as the Transient occupancy Tax(TOT). SECTION 2. The following are the goals which the Budget Corrimittee is attempting to meet by granting money to applicants for: a)Tourism Promotion: 1. Attract someone who travels to Ashland from more than 50 miles away to attend an event. 2. Attract someone who stays the night in Ashland to attend an event. b) Economic Development: I. Promote increased number, variety and size of employers. 2. Encourage wages at or above median wage. 3. Promote businesses that employ 5 to 100 people or is locally owned. 4. Encourage use of local resources. 5. Work with Southern Oregon University,especially for international commerce. 6. Encourage businesses that efficiently use resources and minimize their impact on the environment such as water and air pollution or creation of toxic waste. 7. Promote businesses and institutions that encourage sustainability. c) Cultural Development: 1. Increase the number, variety and size of cultural opportunities in Ashland 2. Support diversification of the local economy 3. Showcases local talent 4. Work with Southern Oregon University on cultural programs d) Sustainability With a minimum of$12,500 granted,carry out the following types of projects: actual work; training; conferences; grant writing; research; fund-raisers; invention/development in these categories, including,but not limited to, the examples listed: I. Energy 2. Water 3. Forest Page t of 4. Science 5. Appropriate technology 6. Gardening& Agriculture 7. Economics 8. Ecology Applications 9. Community building SECTION 3. The City of Ashland has determined that as of July 1, 2003, $186,657 or 14.23%of total Hotel/Motel tax revenues were expended on tourism promotion, as defined in Chapter 818 of the 2003 Oregon Laws, and will continue to be spent on tourism promotion increased or decreased annually consistent with the estimated TOT revenues budgeted. Additionally,Chapter 818 requires 70%of any increased TOT revenue generated by a higher tax rate is committed to tourism promotion. Appropriations for tourism are based upon the following percentages established in FY 2009-10 when the rate was increased from 7%-9%: 1. A minimum of 14.23%of the estimated TOT revenue to be generated by the first 7%tax rate for tourism promotion per Chapter 818, 2. A minimum of 70%of the estimated TOT revenue to be generated by additional tax rates approved by Council on June 3, 2008 for tourism promotion per Chapter 818. The annual allocation of total appropriations for tourism estimated for the ensuing budget year is as follows unless specifically amended by Council: Chamber of Commerce VCB $293,160 Oregon Shakespeare Festival $110,000 Economic and Cultural Development Grants - Tourism $64,423 Public Art $14,375 Other City Capital Projects that qualify or Grants for FY 2012 $19,785 If the actual TOT revenue,dedicated for Tourism, is in excess of the above allocations or if actual, qualifying expenditures in the year are less than the appropriated amount, the additional or unused amount(s)will be reserved for future Tourism related projects or Capital Improvements that qualify per the state definition as determined by Council. The remaining estimated TOT revenue(not restricted by use) will be appropriated for other uses through the budget process with the following priorities and dollar amounts as minimums unless insufficient tax proceeds remain after meeting tourism requirements: 1 st Priority General Fund operations-the greater of 70% of Unrestricted $1,108,522 funds or 2nd Priority City Economic Development program -the greater of 10% of $150,000 Unrestricted funds or 3rd Priority I City Grant program for FY 2012 $124,335 Economic Development programs or other projects are City activities unless otherwise specified by Council prior to the budget process. Council may determine that such funds are available for Page 2 of 4 Economic granting purposes and they will then be made available for the coming budget process and allocation. If insufficient TOT revenues are generated for the above allocations, the highest priority uses will receive their full allocation before a lower priority allocation. Unrestricted TOT revenue unspent in a budget year becomes part of the General Fund unrestricted ending fund balance unless otherwise determined by City Council. By January 31 of each year each recipient of a grant shall submit a report to the city council setting forth bow the grant funds received were expended in furtherance of the goals set forth in Section 2. SECTION 4. The following requirements are established for the Economic and Cultural Development Grants: a)Grantee shall be a 501(c)non-profit agency. b) Grantee shall be a non-governmental agency. c)Grantee shall promote livability for the citizens of Ashland. d) The minimum grant proposal will be$2,500. e) The grant will benefit Ashland in terms of cultural enrichment and/or activities of an economic nature. f)Grantee shall serve the population in Ashland but may encompass other venues in the Rogue Valley. Monies granted are intended to be used for programs_or services performed or provided within the City of Ashland or immediate areas. g) All Grantees shall provide an annual report to be eligible for future funding. SECTION 5. Resolution 2010-06 is repealed upon passage of this resolution. SE TION 6. This resolution was duly PASSED and ADOPTED this , day of 2011, and takes effect upon signing by the Mayor. i:Gs.Ql��J Barbara Christensen, City Recorder SIGNED and APPROVED this .z day of�, 2011. o Stromberg, Mayor Reviewed as to fo n: Megan 1 mton, cting City Attorney Attachment: Page 3 of 4 Estimated dollar allocation foi FY 2011-2012 only Revenue: Transient Occupancy Tax $ 1,884,600 Expense: Non Tourism: General Fund $ 1,108,522 Economic Development 150,000 Small Grants(minimum$12,500 for Sustainability) 124,335 Total Non Tourism $ 1,382,857 Tourism: Chamber of Commerce VCB $ 293,160 OSF 110,000 Small Grantees 64,423 Public Art - 14,375 Oualifying City Projects or FY 2012 Grants 19,785 Total Tourism $ 501,743 Total Economic and Cultural Development Funding $ 1,884,600 _ Page 4 of 4