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2013-0604 Council Agenda 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 continents 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 611 out the Speaker Request form located new the entrance to the Council Chambers. The chair will recognize you and inform you as to the amount 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 REGULAR MEETING ASHLAND CITY COUNCIL June 4, 2013 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.] 7:00 p.m. Regular Meeting 1. CALL TO ORDER IL PLEDGE OF ALLEGIANCE III. ROLL CALL IV. MAYOR'S ANNOUNCEMENTS V. APPROVAL OF MINUTES 1. Business Meeting of May 21, 2013 VI. SPECIAL PRESENTATIONS Sr AWARDS 1. Presentation by Ashland High School representatives traveling to Sister City, Guanajuato, Mexico VII. CONSENT AGENDA 1. Approval of minutes from committees, and commissions 2. Renewal of ambulance operator's license 3. Amendment to IGA with Jackson County for Emergency Notification System 4. Appointment of Dave Chapman to the Transportation Commission 5. Approval of Local Agency Agreement No. 29101 for a Congestion Mitigation and Air Quality improvement grant for construction of Hersey Street sidewalk 6. Appointment of Carol Davis to the Planning Commission 7. Special procurement for the purchase of Type 1 fire pumpers 8. Award of contract to apparent low bidder for the miscellaneous concrete project 9. Approval of a contract with Pathway Enterprises for janitorial services 10. Declaration and authorization to dispose of surplus property in a sealed bid auction 11. Liquor license application for James Mills, dba Caldera Brewing Co. 12. Liquor license application for Robert Lindauer, dba Paddy Brannan's Irish Pub 13. An amendment to the IGA for a code assistance grant for the Unified Development Code COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9 VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US 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. Public hearing and approval of a resolution establishing rates for the Ashland Municipal Airport and repealing Resolution 2012-18 2. Public Hearing to consider adopting the annual budget and approval of: A resolution'titled, "Resolution adopting the biennial budget and making appropriations" and A resolution titled, "Resolution certifying City provides sufficient municipal services to qualify for State Subventions" and A resolution titled, "A Resolution declaring the City's election to receive State Revenues" and An ordinance titled, "An ordinance levying taxes for the period of July 1, 2013 to and including June 30, 2015, such taxes in the sum of $10,519,347 upon all the real and personal property subject to assessment and levy within the corporate limits of the City of Ashland, Jackson County, Oregon" 3. Public hearing and approval of a resolution titled, "A resolution adopting a miscellaneous fees and charges document and repealing prior fee resolution 2012- 21" 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 None. XI. NEW AND MISCELLANEOUS BUSINESS 1. Approval of a resolution titled, "A resolution authorizing Mayor and City Administrator signature of an affiliation agreement Asante, Ashland Community Hospital, the Ashland Community Hospital Foundation and the City of Ashland and authorizing the City Administrator to sign documents necessary to close the affiliation transaction." 2. Economic Development Strategy, phase two implementation plan 3. Update to financial management policies and account methods in consideration of a biennial budget XII. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. Second reading of an ordinance titled, "An ordinance granting a timetable extension to the Verde Village Subdivision development agreement" XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS XIV. ADJOURNMENT In compliance with the Americans with Disabilities Act, it you need special assistance to participate in this meeting, please contact the City Administrators 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). VISIT THE CITY OF ASHLAND'S WEB SITE AT W W W.ASHLAND.OR.US ASHLAND CITY COUNCIL MEETING May 21, 2013 Page I of 9 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL May 21, 2013 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 Voisin, Morris, Slattery, Rosenthal, and Marsh were present. Councilor Lemhouse arrived at 7:40 p.m. MAYOR'S ANNOUNCEMENTS Mayor Stromberg announced vacancies on the Housing, Planning, Transportation, and Tree Commissions and one vacancy on the Band Board. The Council was in the process of merging the Housing Commission with the ad hoc Homelessness Steering Committee and would not accept new applications until the process was completed. APPROVAL OF MINUTES The minutes of the Study Session of April 29, 2013, and the Business Meeting of May 7, 2013 were approved as presented. SPECIAL PRESENTATIONS & AWARDS David Chapman and Igon Dubois presented the City with the Gold Level Bicycle Friendly Community award from the League of American Bicyclists. They explained the history and process and went on to thank staff and the community involved for their efforts to create a bike friendly city. C, Tom Burnham/1344 Apple Way/Explained he was on the Bicycle and Pedestrian Commission and the Transportation Commission. In 2003 the City received the bronze award and stayed at that level until 2007. He described the efforts made by the Bicycle & Pedestrian Commission and the Transportation Commission that lead to achieving the gold level in 2013. He thanked Mr. Chapman, Mr. Egon, the City and Council for making this happen. The next level was platinum. CONSENT AGENDA 1. Approval of minutes from committees and commissions 2. Liquor license application for Susan Means dba Milagros Fresh Mexican 3. Request for approval of AFG SAFER grant application through the Department of Homeland Security 4. Request for sewer connection to a residence located outside the city limits and within the urban growth boundary 5. Resolution transferring appropriations within the FY 2012-13 Budget 6. Resolution authorizing and approving a State revolving fund loan agreement to finance wastewater system projects Councilor Rosenthal and Marsh pulled Consent Agenda item #3, and Councilor Voisin pulled Consent Agenda item #4 for further discussion. Division Chief - Fire Marshal Margueritte Hickman explained the AFG SAFER grant would cover salaries for three firefighters for two years with the City providing salary once the grant period concluded. City Administrator Dave Kanner added if the City received the grant, a renewal would most likely not occur due to competition. The Fire Department currently had two positions that would retire in two years. The grant ASHLAND CITY COUNCIL MEETING May 21, 2013 Page 2 of 9 funded positions could fill the vacancies and matriculation would create the third. Fire Marshal Hickman clarified the grant covered salaries and benefits from date of hire and the Fire Department had an in-house academy. The grant would not cover uniforms or personal protective gear that came to approximately $12,000 for three employees. Council expressed concern aligning the grant hires with the retiring position, maintaining staff levels, and possible gaps in service. Mr. Kanner noted Ordinance 3078 Amending Chapter 3.08 Personnel Policies contained Limited Duration Position language. If retirement did not occur, Fire Chief John Karns was prepared to lay off the grant funded positions. Engineering Services Manager Scott Fleury addressed the sewer connection to a residence outside the city limits within the Urban Growth Boundary (UGB) and explained the owner would pay the difference in fees for redevelopment of the property if that occurred. System development charges (SDCs) applied to the square footage of the house and if remodeled, the owner would pay the difference if the square footage increased. Commercial properties paid per fixture unit and not square footage. Councilor Morris/Voisin m/s to approve Consent Agenda item #3. DISCUSSION: Councilor Morris thought it was beneficial to have staff trained even though there were unknowns. Councilor Voisin supported applying for the grant in terms of retirement and replacement. Councilor Rosenthal was not against the motion just reluctant to see someone hired and possibly laid off due to lack of funding. Councilor Marsh agreed with Councilor Rosenthal and wanted more information before making a decision. Roll Call Vote: Councilor Voisin, Morris, Slattery, and Rosenthal, YES; Councilor Marsh, NO. Motion passed 4-1. Councilor Voisin/Slattery m/s to approve the remaining Consent Agenda items. Voice Vote: all AYES. Motion passed. PUBLIC HEARINGS 1. First reading of an ordinance granting a timetable extension to the Verde Village Subdivision Development Agreement Mayor Stromberg called the Public Hearing for Planning Action No. 2013-00537 to order at 7:03 p.m. and stated the rules for the conduct of the hearing were in the Public Hearing Format for Land Use Hearings - A Guide for Participants and Citizens and available on the wall in the back of Council Chambers. ABSENTIONS, CONFLICTS, EX PARTE CONTACTS Councilor Voisin disclosed previous contact with the main principals three years before who explained the development plan to her. Councilor Morris was on the Planning Commission when the project was initiated. He also served as Planning Commission Liaison during a meeting that discussed the plan. Councilor Slattery and Rosenthal had nothing to declare. Councilor Marsh served on the Planning Commission as well and participated in discussions regarding the project. Council affirmed they had not prejudged the application and were not prejudiced or biased by prior contacts or involvements and would make a decision solely on the application, relevant criteria, standard to facts, evidence and record of proceeding. Councilor Lemhouse arrived at 7:40 and per the City Attorney would not participate in the hearing. CHALLENGES-None STAFF REPORT Community Development Director Bill Molnar explained this was a first reading to amend the development agreement created in December 2007. He clarified the applicants were not proposing any changes other than extending the timetable. Project Planner Derek Severson provided background on the project. The proposal ASHLAND CITY COUNCIL MEETING May 21, 2013 Page 3 of9 involved two phases, the first phase consisted of building 15 affordable housing units known as Rice Park currently occupied. The second phase included 24 cottages at the southwest corner of the site. The later phase was single family attached and detached units, completion of streets, infrastructure, and new connections to the Dog Park and Bear Creek Greenway. The development agreement required Council to adopt modifications as an ordinance and go through a public hearing with the Planning Commission's recommendation. The Planning Commission recommended extending all the thresholds and timetables in the original agreement 7 years to progress the project in increments to achieve the 15 year requirement in smaller pieces. Staff concurred with the Planning Commission's recommendation. The only criteria were Oregon Revised Statues (ORS) required up to a 15- year time frame at Council discretion. APPLICANT'S PRESENTATION Greg Williams/744 Heiman Street/Stated he did not have anything further to add to the discussion. Valerie Williams/744 Heiman Street/ Stated she did not have anything further to add to the discussion. Mr. Williams explained the Planning Commission's recommendation not to have a blanket extension as originally requested did not impact the project. THOSE WISHING TO PROVIDE TESTIMONY - None PUBLIC HEARING Opened: 7:55 p.m. Closed: 7:55 p.m. REBUTTAL BY THE APPLICANT - None REQUESTS TO SUBMIT FINAL WRITTEN ARGUMENT - None ADVICE FROM LEGAL COUNSEL AND STAFF - None COUNCIL DELIBERATION AND DECISION Councilor Marsh/Slattery m/s to approve First Reading by title only of the ordinance titled, "An Ordinance Granting a Timetable Extension to the Verde Village Subdivision Development Agreement," and move it on to Second Reading. DISCUSSION: Councilor Marsh had no issues with the extension. Mayor Stromberg noted the unprecedented funding for the project justified the extension. Roll Call Vote: Councilor Marsh, Slattery, Voisin, Rosenthal, and Morris, YES. Motion passed. 2. Public hearing to consider increasing water, wastewater, transportation, and storm drain utility rates Public Works Director Mike Faught explained the adopted Water and Wastewater Master Plans recommended a 10% rate increase to pay for capital projects and daily operational costs. The 10% increase was effective through 2016. In 2017, it would drop to 8% then 3% yearly through 2022. The Wastewater Master Plan was an 8 year financial package with a 10% rate increase through 2017. Council adopted the first year of the long range schedule to pay for capital projects in 2012. Staff recommended a 3% inflationary increase for the Transportation Utility fee. The last rate increase was 2009, since then the inflationary impact showed a 7.8% decrease in value of the money. During that time the cost for materials and labor went up as well as the impact of PERS (Public Employee Retirement System). Staff was in the process of proposing rate analysis studies for the Storm Water and the Transportation Utility that would result in rate increases. The interim 3% increase would keep up with inflation until completion of ASHLAND CITY COUNCIL MEETING May 21, 2013 Page 4 of9 the studies. Water and Wastewater rate increases matched the financial recommendations in both Master Plans. The proposed 3% Transportation Utility increase would create an impact of .23 cents per month per customer and .12 cents per month per customer for Stormwater. Total net of all proposed rates would result in an increase of $6.30 per month. Mr. Faught addressed what would happen if Council voted no on all rate increases. The Water and Wastewater Master Plans had specific regulatory or capacity projects that needed to happen and staff would reanalyze those projects. Transportation and Stormwater would continue to lose value until the rate studies were completed. City Administrator Dave Kanner explained the rate increases were before Council prior to the final Budget meeting because they would go into effect July 1, 2013 and staff needed 30 days or more with the Utility Billing system to enter new rates. Mr. Faught clarified rates included 4 tiers based on customer usage. Additionally the proposed rates were annual, not biennium. Administrative Services Director Lee Tuneberg added 1,000 cubic feet water equaled 7,500 gallons. Mr. Faught went on to explain the City might not make enough revenue to manage or pay for the fund if they only raised rates for the higher tiers due to possible lower consumption by customers. Staff analyzed usage increase across the boards and the proposed rate increase reflected the results. Mr. Tuneberg confirmed a 10% per acre increase in TID (Talent Irrigation Ditch) rates from approximately $127.65 to $140.41. Mr. Faught explained if the Budget Committee approved the Cost of Service studies, staff would send out RFPs (Request for Proposal) after July 2013. The Transportation Utility Master Plan would take 9 months. The capital portion of the cost of service study for the Stormwater Master Plan was almost complete and the financial portion would take 3-4 to months. Public Hearing Open: 8:15 p.m. Steven Richie/1481 Windsor/Explained he had only heard of the rate increases the day before. With approval of the budget occurring within the week, he was concerned the public did not have enough time to comment on the issues. He had trouble believing a budget of $100,000,000 was not enough to pay for the costs of the rate increases and thought Ashland government was over reaching its responsibilities. He wanted City government to fill potholes, put out fires, arrest offenders and keep the parks safe and clean. He cited an article from the May 1, 2013 Ashland Daily Tidings and found it offensive the City was obligated to pay 31% more into the Public Employees Retirement System (PERS) stating it was mismanagement at the federal, state, and local level. Civil servants used to work for the opportunity to serve, not for the pay or benefits and now it seemed civil servants were retiring younger with larger pensions and better benefits than those in the private sector who worked longer and harder to pay taxes and fund government. More insulting than that was using reserve funds to help pay for a Help Center for homeless people. He did not think it was a City government responsibility. Marilyn Briggs/590 Glenview Drive/Noted the increases in utilities rate and questioned who made the decisions. The following night a Budget Committee meeting would discuss add packages and she thought it was egregious to have $100,000 for the downtown plan. She cited an article in the Ashland Daily Tidings that stated the public would have to pay for watershed fire mitigation through increased property taxes. Council needed to draw the line now, the public was disgusted with Council's laziness in not finding solutions within a fair amount of money that did not burden the public. She addressed fire mitigation and thought the City should partner with the Mill and use the slash to make particle board for money instead of charging the public. She wanted Council to be more frugal with what they had and more imaginative in ASHLAND CITY COUNCIL MEETING May 21, 2013 Page 5 of 9 getting more money. Public Hearing Closed: 8:20 p.m. Councilor Voisin/Marsh m/s to approve the attached resolution increasing Water rates 10%. DISCUSSION: Councilor Voisin served on the Ashland Water Advisory ad-hoc Committee (AWAC) for two years and described their efforts. There was nothing more critical than providing the infrastructure and planning needed to maintain the water supply. An economist looked at the best way the City could pay ahead for large capital improvements that were necessary. Part of the rates the citizenry paid would be set aside for these improvements. Councilor Marsh attended the presentations done by the Technical Committee and was impressed with the thoroughness of the work involved. However it was awkward approving a rate increase when the cost of service studies was coming soon and she wanted to know what would happen if Council delayed the increase. Councilor Slattery was also concerned asking for a rate increase when there was a cost of service study pending. He wanted a more in depth look at budgeting and planning and wanted to postpone rate increases until after the study. City Administrator Dave Kanner reiterated the rate increase would pay for capital projects identified in the Water Master Plan. If Council did not approve a rate increase, the alternative was reopening the Master Plan and deciding which capital project the City would not do. Delaying rate implementation until the study was done would result in a larger rate increase farther down the road to keep the City on the schedule for debt financing in the Water Master Plan. Mr. Faught clarified the financial plan for water and sewer was in the existing Master Plans. The cost of service study came from Council's Conservation Goal to look at conservation methods. The Waste Water Treatment Plant would reach capacity requirements in 2018. The cost of service study would not change the course of action in the master plans. Councilor Lemhouse agreed it was awkward discussing a rate change prior to approving the budget but the decisions involved large projects that were necessary. Councilor Voisin added Council was responsible to maintain the integrity of the infrastructure. The increase would cost residents as extra $70 a year and would support a structure all citizenry benefited from. Councilor Slattery would vote against the motion explaining it was a matter of timing, planning and thought the case needed to be stronger. He was more comfortable paying more later if he was convinced it needed to occur. Councilor Morris would vote for the increase and thought they should review the capital improvement projects during fiscal year 2015 to see if the City could do them for less. Mayor Stromberg noted the City hired a specialist in rate structures for the purpose of a long-term plan so the increases were not too extreme because that was more difficult for the public than having moderate increases. Councilor Slattery clarified he wanted the City to make a stronger case to the public for the rate increases. Councilor Voisin motioned to amend the motion that during 2013-2014 there be rigorous educational program for citizens about our water. The motion died for lack of a second. Councilor Lemhouse/Marsh m/s called for the question. Roll Call Vote: Councilor Voisin, Morris, Lemhouse, Slattery, Rosenthal, and Marsh, YES. Motion passed. Roll Call Vote on Main Motion: Councilor Voisin, Morris, Lemhouse, Rosenthal, and Marsh, YES. Councilor Slattery, NO. Motion passed 5-1. Councilor Lemhouse/Voisin m/s to approve a Resolution revising rates for Wastewater (sewer) service 10% pursuant to Ashland Municipal Code Section 14.08.035 and repealing Resolution 2012-13. DISCUSSION: Councilor Voisin explained the rate increase was just as critical as the water service rate increase. There were DEQ (Department of Environmental Quality) regulations and DEQ was providing 0% loan regarding effluent. Roll Call Vote: Councilor Lemhouse, Voisin, Morris, Marsh, and Rosenthal, ASHLAND CITY COUNCIL MEETING May 21, 2013 Page 6 of9 YES; Councilor Slattery, NO. Motion passed 5-1. Councilor Voisin/Morris m/s to approve a Resolution increasing Storm Drain Utility Fee Schedule 3%. DISCUSSION: Councilor Voisin noted the need to pay for infrastructure and rate increases was how it happened. Mr. Faught explained the increase was inflationary. The costs for supplies, materials, and staff had increased since 2009 while the revenue remained flat. Currently the transportation fee and gas tax subsidized the storm water fund because it did not generate enough money to maintain its own system. Roll Call Vote: Councilor Marsh, Voisin, and Morris, YES; Councilor Slattery, Lemhouse, and Rosenthal, NO. Mayor Stromberg broke the tie with a YES vote. Motion passed 4-3. Councilor Marsh/Voisin m/s to approve a Resolution increasing the Transportation Utility Fee Schedule pursuant to Ashland Municipal Code Section 4.26 and repealing Resolution 2009-27. DISCUSSION: Councilor Marsh explained it was evident the City was lagging in street repair and noted earlier public testimony stating it was the City's job to fill potholes. This increase would allow for that activity. The fund had fallen behind cost of living standards and it was prudent to take a minimal move towards funding the streets. Councilor Voisin added staff had done an overlay of streets needing repair so it would not cost as much as repairing an entire street. Councilor Slattery would not support the motion. He thought there needed to be a betterjob explaining why the rate increases were necessary at this level. Councilor Marsh noted the street user study and suggested adding user impact to the study to assess users. Councilor Voisin agreed with the suggestion. Roll Call Vote: Councilor Marsh, Morris, and Voisin, YES; Councilor Rosenthal, Lemhouse, and Slattery, NO. Mayor Stromberg broke the tie with a YES vote. Motion passed 4-3. Councilor Marsh appreciated bundling water, wastewater, storm drain and the transportation utility fee rate increases together and suggested adding electric rates as well so Council could see what they were forecasting for the City and how it would affect citizens instead of doing each individually. PUBLIC FORUM Kathryn Thaldon/550 Ashland Loop Road/Explained she was a landscape Architect from Kansas City. She thought the Plaza was the heart of Ashland and a good next step was adding color using flowers. She and her husband offered to retrofit the five lamp posts with arms to hang two baskets from each lamp post for a total of 10 baskets at their expense. In addition they would also fund 3-4 large pots of flowers. They located the pots and had talked to a nursery regarding the flower baskets. Barry Thaldon/550 Ashland Loop Road/Added their research showed they could easily retrofit the lampposts with arms. The Parks and Recreation Department was willing to fertilize, rotate and deadhead the flowers and the Water Department agreed to water the plants 5 days a week. The Thaldon's would fund the entire installation then turn it over to others for maintenance. The Thaldon's hoped the City would consider their proposal. Councilor Marsh/Slattery m/s to place this on the agenda for discussion under OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS. Voice Vote: ALL AYES. UNFINISHED BUSINESS None NEW AND MISCELLANEOUS BUSINESS 1. Council direction for the Historic Commission and the Community Development Department to create a Historic Marker Program Assistant Planner and Historic Commission Staff Liaison Amy Gunter shared events for April National Historic Preservation Month. Commissioner Allison Renwick explained cultural heritage travelers to Oregon spent more than 60% per person than the national average and contributed $19.6 billion to Oregon. For the Historic Marker Program, the Historic Commission invited members from the Public Arts Commission and ASHLAND CITY COUNCIL MEETING May 21, 2013 Page 7 of 9 formed a sub-committee and created the Historic Markers Master Plan. The Historic Commission also connected with the Parks and Recreation Department who had their own historic marker program. The sub-committee developed a hub and spokes plan for the four historic districts in Ashland: • Site One - Downtown District • Site Two - Railroad District • Site Three - Siskiyou Hargadine • Site Four - Skidmore Academy Each hub would had a contemporary site specific sculpture based on a historic theme that would lead to spoke sites identified as key places within each district. Spoke sites could be marked by plaques in the ground, bike racks, or some other form of marker appropriate to the site. Each hub and spoke site would have a quick response code for smart phones and tablets. The program was broken into three Tiers. Tier One included all four districts, securing artists, historic markers, monuments, funding the hubs and spoke sites and cost approximately $144,500. Tier Two pertained to the Downtown and Railroad Districts only at an estimate of $85,000. Tier Three would focus on the Downtown District only and cost approximately $53,500. Ms. Gunter explained funding options included grants from the state and Oregon Community Foundation, residuals with tourist moneys. The program was intended to be incremental. Commissioner Renwick clarified the Public Arts Commission was not involved in funding the program. Councilor Rosenthal/Slattery m/s to endorse the Historic Markers Master Plan and request that staff and the Historic Commission work toward tier three of the plan for the Railroad District. DISCUSSION: Councilor Rosenthal thought focusing on the Railroad District would serve as a good pilot project. Councilor Slattery agreed. Councilor Lemhouse supported motion although he preferred Tier Two. Expanding into historic tourism would help Ashland economically. Councilor Voisin thanked the Commission and staff. She preferred Tier One but would vote for Tier Three. Voice Vote: all AYES. Motion passed. 2. Fiscal Year 2012 -13 Third Quarter Financial Report: January -March 2013 Administrative Director Lee Tuneberg explained the report reflected the first nine months of the fiscal year and during this time staff reviewed budget compliance and what would happen between now and the end of the year. The City was completing and starting capital projects before the end of the year and assessing conditions that may change projections if they were not completed. He clarified the AFR program (Ashland Forest Resiliency) was in the Water Fund due to the forest interface grant program 10-15 years prior that focused on keeping the watershed and water clean. Mr. Tuneberg addressed a rating agency comment the City could improve by increasing reserves and explained this was money set aside in reserve or any fund balance to cover unknowns. The rating agency preferred 25% for reserves and the City tended to stay at 15%-20%. Councilor Slattery/Lemhouse m/s to accept the third quarter financial report for FY 2012-2013. DISCUSSION: Councilor Voisin noted there was $870,000 earmarked for the Cemetery Fund and $6,400,000 for System Development Charges (SDCs) considered restricted funds and asked in the case of an emergency could the City use restrictive funds. Mr. Tuneberg responded the City could use funds from the non-expendable trust and SDCs for an emergency with the requirement of restoring amounts used. Voice Vote: all AYES. Motion passed. 3. Approval of FY14-15 Capital Improvement Program and FY16 -19 Projects in concept City Administrator Dave Kanner noted project completion rates for the following funds: ASHLAND CITY COUNCIL MEETING May 21, 2013 Page 8 of9 • Street Fund Project - 90% complete or would be August 2013 • Water Fund Projects - 87% • Wastewater Fund Projects - 100% • Electric - 82% due to the purchase of the Mountain Avenue Substation • Parks and Recreation - 87% • AFN (Ashland Fiber Network) - 100% Engineering Services Manager Scott Fleury explained the projects in the Capital Improvement Program (CIP) came from the Master Plans and other Planning level documents. In addition, staff added a couple critical maintenance projects. Parks and Recreation Director Don Robertson addressed the $400,000 for Open Space Acquisition and Park Development. The Open Space Plan identified properties for the Parks and Recreation Department to purchase using a small portion of System Development Charges (SDCs) with the majority of funds coining from the Food and Beverage Tax. Often purchased property sat fallow for several years. When the need or resources were available to develop the property, the Parks and Recreation Department would create a master plan for the site, determine long-term maintenance responsibility and make an assessment whether the department could absorb the project into their budget and operate it sufficiently. Councilor Lemhouse/Marsh m/s to approve the FY14-15 Capital Improvement Program and FY16/19 projects in concept. DISCUSSION: Councilor Lemhouse clarified it was a concept plan and projects would start when funding was available. Mr. Kanner added FY-2014 projects were tied to appropriations in the budget document. Councilor Marsh wanted the Planning and Transportation Commissions to review the CIP as well. Council agreed and directed staff to include both commissions to review the CIP. Roll Call Vote: Councilor Morris, Slattery, Rosenthal, Marsh, Voisin, and Lemhouse, YES. Motion passed. ORDINANCES, RESOLUTIONS AND CONTRACTS None OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS 1. Adding flowers baskets and pots to the Plaza. Councilor Marsh met with the Thalden's previously and provided research she conducted regarding maintenance. The Parks and Recreation Department agreed to take on rotation, fertilization and dead heading and the Water Department agreed to water the plants 5 days since they clean the fountains at the Plaza daily. The gap for maintenance was weekend watering. Councilor Marsh was currently in discussion with the Garden Club and there was the possibility of community members volunteering. Barry Thaldon explained he and his wife would pay for the plants for the summer that should last until October with a possibility of financing other years. Parks and Recreation Director Don Robertson noted maintaining flower baskets could be challenging and difficult. He developed three options for Councilor Marsh. The first option the Parks and Recreation Department would provide watering, basket rotation and charge the City actual costs for labor equipment, and materials through the MOU (Memo of Understanding) between the Parks and Recreation Department and the City. The option would require hiring two temporary employees for an estimate of 28 hours at $12 per hour for 23 weeks at a total of $7,728. The second option was hiring a contractor for the maintenance. It would cost less than the City's living wage requirements. The Parks and Recreation Department or the Public Work's Street Department could manage the contract. It would go through the competitive bid process and take longer than a month. The third option was forming a volunteer contingency with Plaza merchants for watering. The Parks and Recreation Department would still manage plant rotation, deadheading and fertilizing the plants. ASHLAND CITY COUNCIL MEETING May 21, 2013 Page 9 of 9 The options did not include the annual cost of re-establishing plants or storing the baskets. Mr. Robertson recommended purchasing 2 additional baskets for back-up in case damage or vandalism occurred. He explained how basket rotation protected the flowers from exposure and rotation would include the two baskets in reserve. Mr. Thalden thought other businesses or the Chamber of Commerce might sponsor flowers for the baskets in future years. It could become an ongoing program that recovered the cost of watering. Mr. Robertson recommended watering the baskets twice a day during high heat or wind. The other issue was basket type, husk baskets dried out quicker than plastic. Councilor Rosenthal researched hanging baskets for the City of Medford and found it cost $150 per basket minus labor annually. Councilor Lemhouse/Marsh m/s direct staff to work with the Thaldens in accepting their gift and use the third option presented by Parks Director Don Robertson to utilize volunteer efforts to maintain plant hangers and flower pots. DISCUSSION: Councilor Lemhouse liked the idea of volunteers, it create community ownership of the space. Councilor Marsh thought it would be easier moving forward on the baskets instead of the flower pots since there might be issues with location. Councilor Slattery agreed adding flowers to the Plaza but was leery having volunteers. He preferred the City to pay due to liability issues, water use, and was not sure how a volunteer effort would work. Councilor Rosenthal thought it was a great idea and offer. He agreed with Councilor Slattery, it seemed more complex of an undertaking. It was worth trying out for the summer but he wanted more analysis before starting the project. Councilor Morris thought it might be less expensive to install a drip system and a controller on the lamp posts. Councilor Marsh clarified the first option included a temporary Parks and Recreation employees on the Plaza 4 hours a day seven days a week, weeding, providing clean up and watering the baskets. Mr. Robertson added there were no Parks and Recreation Department employees available on the weekend to water the baskets. Councilor Voisin liked the idea and thought Council should move forward with the project. Mayor Stromberg thought funding the Parks and Recreation Department seemed logical. Mr. Robertson added having the Parks and Recreation Department handle the maintenance offered a presence in the Plaza. However, the least expensive option was hiring a contractor. The City would pay for the water used. Councilor Marsh/Lemhouse m/s to amend the motion that Council discuss hanging planters and schedule the discussion regarding flower pots for a future Study Session. Voice Vote ALL AYES. Motion Passed. City Administrator Dave Kanner designated Ann Seltzer or Adam Hanks as volunteer coordinator. Roll Call on main motion: Councilor Marsh, Slattery, Lemhouse, Morris, and Voisin, YES; Councilor Rosenthal, NO. Motion passed 5-1. ADJOURNMENT Meeting adjourned at 10:21 p.m. Dana Smith, Assistant to the City Recorder John Stromberg, Mayor CITY OF ASHLAND ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES April 9, 2013 CALL TO ORDER Chair Melanie Mindlin called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street. Commissioners Present: Staff Present: Troy J. Brown, Jr. Bill Molnar, Community Development Director Michael Dawkins Brandon Goldman, Senior Planner Richard Kaplan Derek Severson, Associate Planner Debbie Miller (Recused during the Normal Dawn Lamb Ave Master Plan Discussion) Melanie Mindlin Absent Members: Council Liaison: None Mike Moms ANNOUNCEMENTS Commissioner Kaplan observed the new signal light being installed concurrent with the SOU construction is blocked by foliage and signage. Public Works Department will ensure the foliage is cleared prior to the lights becoming active. Community Development Director Bill Molnar announced that Dawn Lamb will be assisting the Commission for the next 3 months while April Lucas is on family leave. Previously Lamb worked in the Public Works Department. Molnar updated the Commission on the Regional Problem Solving process. During the process, Ashland did not identify future growth areas. Comments regarding affordable housing in the region led to a goal that within 5 years of adoption a regional housing plan be established. The first meeting of local staff met with the Oregon Housing and Community Services department to identify key regional city staff members. Molnar will keep Commission notified of progress. Input from the Housing and Planning Commissions, and elected officials is expected. CONSENT AGENDA A. Approval of Minutes. 1. February 26, 2013 Study Session. 2. March 12, 2013 Regular Meeting. 3. March 26, 2013 Study Session. Commissioners Kaplan/Dawkins m/s to approve the Consent Agenda. Voice Vote: all AYES. Motion passed 5-0. PUBLIC FORUM None. DISCUSSION ITEMS A. Recommendation on Extension of Development Agreement- 87 West Nevada. Staff Report Severson revisited the Verde Village Development Agreement extension and timeline while presenting a brief. An extension was granted under the Recession Extension Ordinance (#3007). Several development deadlines require completion by July 17, 2013. Applicant requests further extension due to lack of financing. Staff is seeking a recommendation to City Council to either deny or support extending the Development Agreement to the maximum 15-year duration from the original approval as Ashland Planning Commission April 9, 2013 Page 1 of 7 allowable under the ORS. The recommendation will be forwarded to City Council for a public hearing for ordinance adoption on May 21, 2013. The Commission needs to consider the applicability of newly adopted ordinances that may affect the development. Under the Development Agreement, regulations in place during the adoption govern the development. The agreement provides that subsequent land use approvals be subject to current regulations at the time of the application but also that with any modifications to the original Development Agreement, the City could opt to apply current regulations. One applicable ordinance adopted was the Water Resources Ordinance that created a 50-foot water resource protection zone from the top of bank. The homes shown on the original plan comply. Residential fences need to be in the uppermost 25 feet of this protection zone and specific fencing materials are prohibited. The Ordinance affects the paved Greenway Trail construction as unpaved trails are only allowable. Any path wider than 6 feet requires a limited use permit. Council could adopt to apply the new Water Resources ordinance or allow the extension with the original path design as proposed without going through review. In staffs view this does merit approval of the extension requested to the maximum 15-year duration allowed under the ORS. Staff asks that instead of a blanket extension of the dates to 2022 for the entire development that the dates within the original timetable are extended by only 7 years to ensure continued progression consistent with the overall timeline. We recommend a favorable recommendation to Council. Commission Discussion The commission requested clarification and issued comments on various components of the approval. The following is a summary of their questions and statements: • Retaining wall and railing construction are inclusive to construction. • Applying the new WR ordinance would be up to the Council through a public hearing. • Clarification that the riparian ordinance deems there be nothing within that 50 feet and that pertains to trails. Severson commented that an exemption is allowable through a land use action process. • The Greenway is a multi-use path that is part of a comprehensive system. This is not an alternative location from the original application. This would be an act of regulating something that is already on City property for benefit of the City. Would there be a substantial gain in the City revisiting the process when the environmental and physical constraints have already been reviewed during the application process. • If more ordinances become applicable within the next 7 years can the recommendation to Council ask that they comply with these but exempt the path? Legal would need to be addressed. • ORS and the development agreement state that new regulations be applied if modifications are introduced during the extension period. The primary criteria are that it be consistent with the original outlined approval. • Beside Water Resource are there any major changes affecting this development. Most new ordinances do not apply. Molnar commented other changes benefit the development like the on-street parking requirements for accessory units. • The blanket 22 year approval is agreeable because reviews will happen with the timetable adjustments. Commissioners Brown/Dawkins m/s to approve Staff recommendation. Roll call vote: Commissioner Dawkins, Kaplan, Miller, Brown, and Midlin, Yes. Motioned passed 5.0. Debbie Miller recused herself and was excused by the Commission at 7:28 PM B. Normal Neighborhood Plan Update. Staff Report Molnar briefly discussed the Normal Avenue Neighborhood, Plan background and progress. He noted that the consultant deliverables will be a detailed concept plan for the area, subject to the constraints and expectations of the State Transportation Growth Management grant awarded to this project. After the City received the consultant deliverables it will be up to the Planning Commission and the Council to review and amend the concept, and then formal adoption the plan will address fine- tuning. Brandon Goldman explained the master planning process, clarifying the opportunities and continued changes that occur until the plan's development is complete. The grant funded activity pertaining to the charette is complete and numerous public meetings have been held. A draft concept plan and the deliverables should be completed by the consultant design team by the Ashland Planning Commission April 9, 2013 Page 2 of 7 end of July. Goldman reiterated that t is not the conclusion of this process, but rather where the City assumes the control of the project and will continue to work with the Planning Commission, other commissions, and staff to refine the plan in order to codify it and make it consistent with the Ashland Land Use Ordinance. The Parks, Housing, Transportation, Conservation and Planning commissions will review the plans. The neighborhood plan will then be taken through the adoption process. Goldman explained the master planning process from concept to adoption, using the North Mountain Neighborhood Plan as an example. The Normal Area draft code is being prepared for presentation in May. This will be the consultant's initial draft with substantive revisions expected before final draft. Regulations and standards for minor and major amendments will be included to address changes to the plan that may be needed as development applications come forward. It is important that the draft code be able to designate whether a minor or major deviation has been made from the adopted plan. Goldman noted that concern regarding the location of the high-density housing zone in the northeast comer, as opposed to along East Main Street, had been expressed previously. In prior meetings Goldman referred to this area as "readily developable" property. He clarified that this designation does not necessarily mean these properties are ready to develop in the short term, but they are considered vacant or partially vacant in the City's Buildable Lands Inventory (BLI) . Numerous properties along East Main Street are presently developed such as Temple Emek Shalom and therefore would not be considered as "buildable" land area within our BLI. The term "readily developable" essentially means those properties that are considered buildable. Alternative locations for higher density housing will be examined along East Main Street and the plan area. The City will be conducting a future transportation analysis for the draft plan to identify potential impacts to street intersections and traffic volumes. Identified inadequacies would be addressed and where necessary substantive changes to the plan would be made before final plan adoption. Goldman noted that the draft plan does not currently show a Phase I multi- modal connection from Phase I to the Middle School expressing that such a connection is an imperative piece of the neighborhood plan that will be included. Wetland and riparian set back requirements and establishment of open space along those corridors will be included as an overlay zone designation. The proposed road locations adjacent to creeks and wetlands will be further evaluated to address water protection zones. For example subsequent to the prior Commission meeting a property owner contacted staff regarding the future development potential of his property in the south east comer of the plan area, and he noted the existing house on his property likely be removed upon future development. The removal of that house would relieve some design constraints regarding the road locations presented in the initial draft plan and through redesign it may be possible to reduce the amount of pavement adjacent to the creek in that vicinity.. Public Testimony Bryce Anderson/2092 Creek Drive/stated after discussing prior concerns with board members and some residents of Meadow Brook Park Estates, Ashland Meadows and Chatauqua Trace the uniform reaction to this plan is grave concern. He said he could not imagine there are less than 250 units noting there are only about 174 units in all of Meadow Brook Park Estates, Ashland Meadows, and Chatauqua Trace combined. He stated the existing traffic plan calls for feeding traffic down an extension of Creek Drive or alternatively down Clay Street, and it is still unclear whether there are streets planned down Clay Creek Drive or not. He expressed that he finds the existing plan to be entirely inadequate because traffic will back up for who knows how far with the number of units planned. He stated no traffic plan can accommodate that many units in that small an area. Citing the staff presentation Mr. Anderson explained that North Mountain Plan bears no resemblance to this area as the plan in this area is completely dissimilar with completely different traffic concerns. He noted that all of the homeowner's associations recognize that these areas are going to get developed, but question what is wrong with a cluster development similar to what is already there given the fact that there is limited street access, issues of water and sewer and other public utilities. He felt one advantage to the plan was having a connection to the bike path, and that seems to have been eliminated. All of these things dictate drastically reducing the density and taking a hard look at the general public amenities that are going to go in there. Karen Horn/1140 Clay Street/ stated the choice of where to put the high-density development in this whole area seemed somewhat arbitrary. She explained she heard tonight that the rest of East Main is not going to be considered part of the high density because Temple Emek Shalom and some private residences. She noted that the Mormon Church is on the comer that is included in the high density and assumedly they don't want to sell. She explained her two primary concerns being traffic and wetlands. Traffic information on the website about the plan and in the executive summary shows existing traffic conditions. Ashland Planning Commission April 9, 2013 Page 3 of 7 Sixteen-hour surveys done in 2012 of Clay Street showed 1,200 trips; East Main St. showed 13,000 trips. Those are 2-lane streets. Ashland Street, which is 4-lanes showed 30,000 trips. She questioned whether the City would turn East Main into a 4- lane road because the number of people in the development. She expressed that East Main Street already has comparable traffic for a 4-lane road on a 2-lane road. She noted she was particularly concerned about the wetlands and had looked at the frameworks that are available online. The Greenway and open space framework talk about how important it is to keep the riparian areas safe. She stated that in the Normal Avenue Master Plan Phase ll, the roads in a lot of places are right on top of the wetland's buffer areas, and that these roads should be moved out of the buffer areas. She explained that regarding bikepaths along the riparian areas that roads with bikes or bike lanes on the road are not the same thing as a bikepath. She felt that a bikepath is a recreational place where you get off your bike and look at the water which you can't do on a road with a bike lane along a creek. Paula Skuratowicz/2124 Creek Drive/Distributed a handout. She and her husband moved to Ashland eight years ago and chose to buy in Ashland Meadows knowing this would be their last move. She noted Creek Drive is a safe place for her very medically compromised husband to use his walker for exercise knowing that the neighbors will look out for him. She explained that Ashland Meadows is like the old communities where people know and care for each other. She stated that inclusion of three-story apartments on Creek Drive, and high-density housing, would create a permanent adverse affect on all of them. She expressed that it would greatly impact traffic, utilities, and sewer that are already fragile. She explained that it is crucial to develop in moderation recommending cluster housing and a small component of apartments no more than 2 stories tall, not immediately adjacent to existing residential areas, requesting plans show respect for the already established communities and the balance wetlands in this sensitive area. She stated the plan should put back the bike and Greenway connection to Meadowbrook Estates. She concluded that they do want to support the efforts of the Planning Commission, but to do so the plans have to include benefits for the existing neighborhoods. Rod Petrone/2324 Abbott Avenue/ He noted that others had made arguments about demands on energy, water and traffic, but he felt that aesthetically this is just plain ugly comparing the plan and the recent development behind the YMCA to what Yugoslavian socialist housing complexes look like. He explained that putting people in 600 square foot homes is not a quality lifestyle. He noted that when he and his wife returned to Ashlandl4 years ago the knew a small town would be a better environment for their children He noticed that at that time there was a lack of affordable single-family housing and that they could only afford an attached family dwelling in Chatauqua Trace. He said that since that time they have seen ugly sprawl, HUD housing and now the Access Housing, stating that he believes there is too much high-density all concentrated in one area. He explained that the town would be more family friendly if more single-family housing zoning existed and that it appears the City is intent on realizing some ideological goal and now is determined to create what has been called Green Slums. It is frustrating for the community that International, Federal, and State-wide agencies render the local codes without any influence from our communities. He stated that he believes the board and City has good intentions, but to satisfy an ideological goal this appears to stem from Agenda 21. He expressed that he finds that high-density apartments would mean increased traffic and crime and bring in people with fewer stakes in the community, elaborating that he felt three-story high, high-density apartments, are just ridiculous and that he would rather see some open green spaces and some single-family housing. Julie Matthews/2090 Creek Drivel Questioned the study area. Molnar described the plan area as 94 acres outside of City limits and as areas come in to City zoning from County zoning it increases the density. No areas within these 94 acres are annexed at this point. Annexation happens concurrently with a developer submitting plans to develop. Matthews clarified that a developer would have to go in and decide whether it was worth developing. She noted that the land that is readily available, readily developable, and possible interest to sell just seems to be the first one up for grabs in this plan. She questioned why 100% of the density is being done on the one available property as opposed to a percentage spread across the whole 94 acres. She explained that we do not even know if those other areas will ever come up to be developed, or if the people who own them will ever want to sell. She mentioned that having some higher density along East Main Street has been discussed and questioned whether the City could ever widen that street. She said Ashland as a whole is a beautiful place to live and we are drawn to this area not only to live here but to see our investments grow and we took a hit in the recession, and it has not recovered yet and now you are developing competition with our investments. Marni Koopman/1790 Homes Avenue/ Distributed a handout. She had five main points. One, she felt like the plan online really ignored what she heard at the charette. She recalled the groups at the charrette were asking for the high-density housing to be placed along East Main on the north and east side of the overall property. The groups really recommended protecting the Ashland Planning Commission April 9, 2013 Page 4 of 7 wetlands and she did not see the current plan doing that. The groups stressed that the development should not cause an increase in impacts to the neighboring neighborhoods that are already there. She stated that it seems that it adds a lot of traffic to those neighborhoods. Her second point related to the increased traffic on Normal Avenue and she felt Normal Avenue already has heavy traffic. She noted that she cannot open her windows because of exhaust and noise. The plan looks like Normal would become a pretty major way for people to get to Walker School, to the stores, and to other parts of town especially with a lot of children. Her third point was that as such a large complex of wetlands has developed in that area and the plan is short sighted and creates new hazards. She explained that wetlands have important functions: protect properties from flooding, filter water, and allow for groundwater recharge. The water that comes down during snow events and big storms comes through quickly and needs to be stored and as we develop more wetlands there are fewer areas for storage. The water moves faster and when wetlands are degraded and destroyed the result downstream is higher and faster flow potentially leading to flooding, bank erosion, sedimentation effecting fish habitat and hazards to downstream residents. Climate change will increase the frequency of severe storms and rain on snow events. Wildlife habitat loss is another concern. Fresh water wetlands have been developed far more proportionally then other habitat types and we spend a lot of resources restoring riparian areas and wetlands, but it would be more cost effective to just preserve these areas in the first place. People might view the proposed development as maintaining wetlands, but what I would like them to do is look at wetlands in the Clay Street neighborhood. Those wetlands are bordered on each side by 2-story condos and there armored with riprap. They have little biological value. They do not provide wildlife habitat, provide flood protection, or ground water recharge. With those wetlands and the ones bordering the eastern edge of the cemetery, the Normal Street wetlands are the last piece of what was once a very large complex. She felt better use of the property would be open space with walking trails for people, children, and their pets that this part of town lacks. A positive use would be more open space for residents. She provided a report referenced in her notes on climate change and another on scientific imperative for defending small streams and wetlands. Commission Discussion Goldman explained that staff is already discussing the items that have been brought forward tonight. Staff is looking to find opportunities at the northerly part of East Main and possibly a second scenario to spread density along East Main for transitional buffers to the existing neighborhoods. The purpose of applying for this grant was the opportunity to set long-term expectations by looking at land uses for long-term growth, transportation systems, including bikeways and pathways. Planning the future growth rather then reacting as development occurs along Clay Street. Mathematically we looked at the current comprehensive plan with zoning of R1-5 and R1-3.5, an average of around 6-7 units over 90 acres reaching a potential 450-500 units. The commission issued comments on various components of the master planning process and the Normal Ave. Neighborhood Plan. The following is a summary of their questions and statements: Commissioner Brown noted that the properties in the plan area could be annexed at any point and be built with highest density. He stated that planning is needed to ensure some control of how the area will develop, and explained that the North Mountain Plan shown in the presentation was intended to be a comparison of process, not a comparison of developments. Commissioner Kaplan expressed that the master planning process appears to be working to get neighborhood feedback and involvement. The first set of meetings involved people with existing homes on Normal Avenue. The impact area is now beyond that and needs of the immediate neighbors and the people in the area who have raised issues that need to be taken into consideration. Commissioner Dawkins acknowledged that during the Regional Problem Solving process Ashland was the only town within this county to not increase its Urban Growth Boundary. That choice had two caveats and they become the conundrum we end up dealing with; one is that there must be a 20-year supply of buildable land; and two Ashland can't use water supply as a growth regulator. He suggested that Ashland cannot continually expand the UGB to accommodate single-family homes and the alternative is compact growth. Commissioner Mindlin pointed out that the Planning Commission is charged with responsibilities and constraints noting it is not within their purview to decide not to develop the land. She explained that the area under private ownership has an underlying zoning attached to it when it annexes. She observed that the number of homes foreseen by the concept plan is about 350 as opposed to 500 allowable under current zoning. Through this planning process we need to see what parts matter and what should be worked on to direct staff. Goldman explained that with direction from the Commission staff will review reallocating the density to alternative areas and calculate how such changes would affect the overall density. He explained that the height and density for the specific areas: NA01 is single-family zone with an equivalent 5000 square foot lots. Ashland Planning Commission April 9, 2013 Page 5 of 7 NA02 cluster housing is comparable to the developments of Chatauqua Trace, Meadowbrook of nine units per acre. NA03 is a higher density multi-family zone of about 15 units per acre. He explained that currently the maximum height is 2'h stories, and that a three-story height may provide for a higher density while maintaining a greater amount of open space. Commissioners questioned whether the plan be more creative by bringing both single-family and high density into the same place, essentially achieving a higher density in areas by starting with low density along streets and building toward the inner blocks and then building back out as you come out the other areas. Commissioner Brown said one of the concerns is that we show rendering that looks like it could be built tomorrow but this is merely a concept. People react to what they see, not what it is meant to say. Goldman commented that the state provided the grant funding for the consultant and we want to make sure the consultants do as much work as the scope allows. In regards to master planning in Ashland it is typical that we'll refine a plan long after the consultant's tasks are complete. Through the adoption and public review process the plan will continue to change. Commissioner Mindlin voiced concern that fulfilling our responsibilities towards our buildable land inventory and planning for infill housing is important. But she wanted to make sure that we are doing it in a way that is providing opportunity as opposed to trying to accelerate it. She stated that the density for this area was applied because it was not developed yet and it was available, therefore we assign a bunch of density to it not because it was necessarily in a great place to have a lot of density. There will most likely never be sufficient density to have public transit which is a criterion for affordable housing programs. It is a great place for families because it is next to schools. Goldman explained that the transportation existing conditions analysis was not based on the 26 houses that are out there, it was based on the existing underlying comprehensive plan designation at build-out. The future traffic analysis is intended to look at the alternative concept plan and evaluate its potential impact in comparison to the existing comprehensive plan designations. Dawkins referred to an idea brought up during the Transportation System Plan update to burrow under Clay Street for a bikepath or pedestrian path. This would relieve pedestrians from trying to cross 4 lanes of traffic. No one in Public Works has commented on feasibility. Other areas of consideration raised by the Commission included wetland preservation, creek preservation, and finding a way to open up these corridors to keep them as a public resource for the whole community. Concern with piecemeal applications in respect to protecting the overall ecology and hydrology of the wetlands was voiced noting there were suggestions contained in the original framework documents regarding protection of the the hydrology of the site and having water channeled from the impervious surfaces and back into the creeks. Commission Mindlin raised the concern that if there is not a large framework with the entire area, each individual piece may not be able to address those issues as they affect the entire area. Molnar elaborated that storm water runoff from public streets is addressed by Public Works for eligible green streets status and the ordinance chapter would address storm water and additional standards. Goldman noted that Draft code amendments will be presented to Planning Commission in May with notification to property owners in the vicinity. C. 2013 Planning Commission Retreat Topics. Mindlin prompted what do we want to accomplish at the retreat? Commissioner input for topics: Mindlin: Site visits of broader issues being addressed: Green street standards look at developed sections. • Kaplan: Revisit the SOU project to compare final design to the as-built result. How close is the reality to what was approved. i.e. Pedestrian circulation. • Miller: Where is the city in revising codes on sidewalk, parkrows, and width of streets in smaller subdivisions? And; where is the city in promoting mixed housing in subdivisions perhaps 5 units per acre? • Dawkins: Street standards for subdivisions and why are some designed beyond what is needed. • Brown: Are we a small town or a town that is small? And; public engagement, how do we address people's concerns. • Midlin: Pedestrian access neighborhoods. And; infill planning, what does that mean and how do we move forward. Ashland Planning Commission April 9, 2013 Page 6 of 7 D. Other Business Commissioners noted the value of CitySource in getting information about the City to the public and noted that the electronic version of resident's Utility Bill should include a link to the current CitySource. New commissioners: It was noted that the Mayor is in the process of selecting new commissioners from applications received. ADJOURNMENT Meeting adjourned at 9:22 PM. Ashland Planning Commission April 9, 2013 Page 7 of 7 CITY OF ASHLAND ASHLAND PLANNING COMMISSION STUDY SESSION MINUTES April 23, 2013 CALL TO ORDER Chair Melanie Mindlin called the meeting to order at 7:04 p.m. in the Civic Center Council Chambers, 1175 East Main Street. Commissioners Present: Staff Present: Tracy Peddicord Bill Molnar, Community Development Director Troy J. Brown, Jr. Brandon Goldman, Senior Planner Michael Dawkins Derek Severson, Associate Planner Richard Kaplan Dawn Lamb Debbie Miller Melanie Mindlin Absent Members: None Council Liaison: Mike Morris ANNOUNCEMENTS New Commissioner - Commission welcomed Tracy Peddicord. City Commission activities: Housing and Ad Hoc Homeless Steering Committee may possibly merge in the next year creating a Housing and Services Commission. Historic and Public Arts Commission creating historic markers that would enable smartphones to access information on the four historic hubs and landmarks within Ashland. A proposal outlining the project will be presented to Council within the next month or so. Update on Projects: SOU Dormitory project is presenting requests for final inspections. Increase activity in Planning and in Building Permit Applications. PUBLIC FORUM None. DISCUSSION ITEMS A. Keeping of Animals Ordinance Amendment Evaluation Staff Report Goldman presented draft with compiled feedback from the March 26t" meeting. The draft ordinance includes items of concern voiced by the Commission: requiring setbacks, allowing the slaughtering of meat animals, use of clear quantifiable language based on best practices, and inclusion of matrix outlining other cities' animal ordinances. The inclusion by general consensus to amend the keeping of bee hives specifically to reduce requirements of distances and setbacks from structures and streets and include separate items for hive placement and maintenance, and flyaway barriers. The Ordinance establishes that micro livestock are small animals and supplies universal setbacks. The animals need to be both 20 feet away from joint dwellings and 10 feet away from property lines. It extends chicken feed and manure storage for micro livestock in general. Domestic fowl definition now includes quail, pheasant, Muscovy,ducks, and chickens. Five chickens for every lot; one per 1,000 feet of lot area in excess of 5,000 square feet, up to a maximum of 20. A combination of domestic fowl could be used to reach the maximum of 20. Roosters are still prohibited. New additions allow for 2 turkeys, also 6 rabbits and the nursing offspring for lots less than an acre. Miniature goats are newly added with limits of no more than 2 and no less than 2 plus nursing offspring. Criteria states that male goats be neutered to curb aggression, smell, and noise. Bees are a new addition and allow for 3 colonies on less than acre, 5 on lots greater than an acre. The Ordinance establishes a flyaway barrier of 6 feet be required to encourage trajectory over adjacent lots if the lot line is within 25 Ashland Planning Commission April 23, 2013 Page 1 of 6 feet. It requires fresh water within 15 feet of each hive to mitigate searching out water from neighboring lots. It includes a clause regarding maintaining and temporary housing for swarms. No Afdcanized bees are allowed. Ordinance clarifies that commercial use and selling of animal products is permitted although the sale of meat and milk triggered ODA inspection and requirement compliance. Comments from tonight's meeting will be incorporated and forwarded to legal staff for review, and then the Ordinance will be sent to LCD for modification which could take 30 days. Staff expects the next Ordinance review on or around June 11th. Comments from Commissioners: Kaplan why is requirement on limiting dogs in the micro livestock section since they are not food. This was a pre- existing section of the whole ordinance. It is not intended to be under the micro livestock, it is its own section under the heading of Keeping of Animals. Section C.5 Sale of eggs, honey, etc does not speak of products that are sourced from the specific parcel's livestock, does this allow the selling of anyone's products. Goldman agreed to clarify that the intention is to sell products produced on that parcel. With reference to the matrix, Eugene limits number of animals from each breed on lots less than 20,000 feet. We do not limit the number of animals as a whole. Kaplan supports limits to keep from having farms in the residential neighborhoods. Noise and odor could become a problem. How much we allow reduces the impacts on other neighbors. Miller on the goats it seems like it could simply say 2 goats. The wording creates the minimum number as 2 because goats are social and need partnering. A foreseen pig issue is that they they root and go under fences and we need to address this issue of confinement. Mindlin asked for clarity on free range. Goldman explained that fowl and goats can go to fence line, but rabbits need to be contained. Section CA prohibits micro livestock at multi-family complexes, why? Staff had concern on the impact to adjoining properties. Mindlin suggested that this could be addressed as a site review approval where residents and tenants would be required to sign off. This could be defined in the requirements for recreational open space and community space. There is a need for oversight on those developments. Mindlin suggests it be allowed as part of the community garden or by homeowner's association approval. The 20-foot setback from the dwelling where there is a common building implies a shared responsibility. Public Forum: Sarah Red-Laird/ 285 Wightman Street, voiced support of Goldman's bee ordinance. It is important to offer a constant supply of fresh water. A birdbath with marbles works great, also drip lines with a timer. Moms asked for a description of a flyaway barrier. Any fence 8-foot fence or trellis with landscape flowers would work. Molnar received a concern regarding hot tubs being an attractant. Honeybees are docile and crave pollen, wasps and meat bees are sometimes confused with honeybees. The wasps and meat bees will be attracted to water as well as BBQs and food. If fresh water is available, honeybees will most likely avoid hot tubs for the alternative. Kim Blackwolfl 354 Liberty Street, thanked Goldman for hard work on ordinance. A handout was distributed to commissioners. The limits on the number of birds will cause issue with succession of younger fowl. A limit of 5 birds prohibits the reality of meat and egg production for a normal sized family. For her family, eight chickens are not enough. Two turkeys would be quickly eliminated. A stated minimum indoor and outdoor square foot area per animal would be more in line with best practices. The number limit stated makes it meaningless. It requires more than the limited number in order to replace older livestock. This is becoming increasingly important as people start to raise their own food. Keep the references to minimum clean up in the ordinance. She asks that the 10-foot setback from the property line for the placement of structures be eliminated to ensure the best location for the animals is available. Let Ashland be innovative. Eugene's ordinance is not seen as favorable. , Mindlin commented that Eugene has succession policy and has more allowable numbers. Blackwolf elaborated that it was commonplace to raise chickens in brooder boxes their whole life. Ashland has the opportunity to have best practices for the treatment of animals. Build in the ordinance a way to replace aging stock or have short time if people are raising them for meat. Chickens have a 2-4 year production period. Chickens go into retirement on her farm and typically they pass quickly after. Others eat the elderly chickens. Production cycles are skewed by the number limit. Ashland Planning Commission April 23, 2013 Page 2 of 6 Commission Discussion: Dawkins was agreeable to a multifamily agreement and saw the community garden like a plausible answer. Feels it should be allowable and that the code could be more flexible. Brown felt this would be contentious if one occupant is adamantly against animals and one is for them, then one takes away right of the other. This seems unreasonable. It needs to work for both sides. Leave the decision up to the landlord. Houses are so close, not much difference between small yard and duplex. Mindlin feels tenant approval or homeowner's association would be sufficient. Brown supports it being completely prohibitive. Contain the animals to a fenced garden and limit it to only chickens and rabbits, but not larger animals. It would be nice for apartments to have animals. Set a requirement for a community physical space. Then it is again down to democratic vote of residences. Mindlin felt most have management or associations, and in that case it could be unanimous. Molnar felt from a code compliance angle, Council is concerned with offsite management where the complaints may not be addressed. Staff will look at word smiting. In the cases where properties are built from the ground up, supplying a space similar to community garden would work. But if units exist it would be difficult to introduce a new public space. Brown stated concern of abandoned animals when owners go belly up and leave. What happens when animals are abandoned; this feels like it would create problems not solve them. Kaplan would appreciate workable language for the multifamily situation. Without making effort we are not making the best effort. Mountain Meadows is a perfect example where an animal garden for the people to share would be welcome. Miller understands the older/young turnover and points out that it is addressed for the other animals, could the wording be used for fowl that exists for rabbits and turkeys. Staff has four items to address: look for flexibility on prohibition of multifamily, consistency for succession planning, limit on the number of categories, and look at the maximum of domestic fowl being 20, but can other animals be added to that number. Miller feels it is practical to have a maximum number of animals. Brown thought the square footage maximum would limit the amount of animals. Cumulative numbers of animals on a defined square footage without numeric quantity. There could be a maximum number on a set area. Keep the numbers but with maximum square footage. Peddicord questioned who has the detail of enforcing the square footage. A numeric cap is simpler for enforcement. Molnar felt that when a follow-up to a neighbor's complaint happened a calculation could be done prior to a visit and legwork would verify. Total square footage of the the lot, not just the backyard, would be applicable. A number cap could be established and there should be a review or conditional approval beyond a certain amount. B. Unified Land Use Ordinance Amendment Evaluation Staff Report: Maria Harris presented history. The process included taking and examining the existing standards and codes and creating one user-friendly document. There was a side project which was to streamline the application process. We now are looking at what can be accomplished in the Land Use Code to address those items. The entire revision project stemmed from 2011-2012 Council Goals and the Economic Development Strategy which asks for understandable requirements for predictable results and both addressed including incentives for meeting a green criteria. Land Use Procedure: Land use procedures are interchangeable with the planning application process. The review showed several suggested items that were previously addressed and adopted in the unified code project in 2008. Ashland exceeds the state law requirement of processing a land use application in 120 days; Ashland requires Type 1 applications to have an administrative review in 45 days. The evaluation addressed land use code items which could be adjusted to streamline the process. 1) Site Review Procedure Type 1 vs. Type 2 - Adjusting the site review procedure thresholds particularly where economic development projects are concerned to a Type 1 Administrative review. Consider moving more reviews from Type 2 to Type 1 to save time and resources. Public input time allowances and thresholds would need to be established. Type 2 has historically been used for large-scale projects in the retail site review zone. After the 2008 adoption three situations required public hearing. A Type 1 administrative decision by a staff advisor requires public noticing of a 200-foot radius, same as Type 2. Staff adopted a second noticing in 2008. A notice is now sent when the application is received and another after decision is made. Residents can still appeal a Type 1 application through the Planning commission. Dawkins requested clarification. As increase in planning applications start this will help streamline the process. Dawkins questioned are we taking decisions away from commission. Should there be items we want to be able to weigh in on. Not Ashland Planning Commission April 23, 2013 Page 3 of 6 opposed to the change but uneasy when see it move from Citizen to staff. The applicants need timely approvals because of cost and time for them but then the balance of public involvement needs to be supported. Mindlin felt that developers often complain about the process, but they are really referring to the requirements which are not going to change. Molnar commented that before an application comes to pre-application there are months of pre-work to try and meet the requirements and criteria, then it has to go through the public process and Commission. Kaplan asked how concerns would be handled if there is no public hearing. Harris offered that staff is always open to help facilitate resolution between residents and applicants. They are noticed and if they are concerned they have the option for a public hearing by an appeal. The applicant can try and address situations with the developer on their own. Kaplan brought up the neighborhood public meetings that could be required prior to a public hearing or decision. Miller voiced concern that with the Type 1 process that people will not understand there is a place for input. The perception is that the public doesn't have ability to be heard with a Type 1 process. She agrees that the perception of the public process is more difficult than meeting the requirements. Developers go through the rigorous process to meet criteria and requirements and when they have to explain to the public they try harder to address any contentions. There is more an element to having to sell the project. Seven opinions are better than staff alone. 2) Neighborhood contact - The idea is to facilitate public involvement prior to application submission. This implies cost saving for applicants by not having to respond to appeals. But consider if you are adding cost and time to hold a meeting if there are no applicable reasons or opposition to the project. A neighborhood association framework works well for the metro area. A representative of the association handles the notices and determines impact. Gives the neighbors a chance to disperse the information amongst themselves. This is does not exist in our community; it may not be as fluid. Miller felt the applicants need to be sensitive to the neighbors and supports the formal meetings before the application process. Get the concerns out on the table right away. Mindlin supports doing meetings on a voluntary basis, but questions non-mediated meetings between neighbors and developers and not sure they will have a good outcome. Miller asked if the 200-foot radius for noticing requirement was set by ORS or City. Harris said the ORS requires 100 feet. Miller felt this could be based on size/impact of the project instead of by feet. Certain projects would affect people far beyond 200 feet. 3) Expanding the approval periods- Extend application approvals to 18 months or even to 24 months. The effective date listed in the Ordinance for a Type 2 decision is 13 days before it becomes effective. The ORS requires 10 days. Peddicord is this in response to the economy. Mindlin we have had a high number of extension requests over the last few years. Lengthening the approval time for a large commercial development is beneficial. Time becomes tight when you need to find an engineer, contractor, building permits and first inspections. Make sure calendar day is defined to clarify from business days. 4) Fast tracking priority applications-Consider prioritizing economic development applications. It is already in place for LEED certified projects to fast track planning and building permits. This would give other applications the same priority. Certain economic development applications that generate a certain threshold of employment would be fast tracked. Thresholds are being considered based on employment per acre. Commission Feedback: Harris went over the model language for the ordinance thus far. It detailed the requirements for the proposed public meetings. Brown thought this would be due diligence before they came to submit the application. Molnar pointed out that the suggested language reads that the meeting would be required 21 days prior to submission of the application giving time to address any changes. This is just suggested language that could be adjusted for our own ordinance. Miller asks that the meeting be a recommendation so that the applicant doesn't feel constrained and would like to see a neutral moderator mediating the meeting. If a mediator is required then there is an objective party. Mindlin asked how does staff feel about the Siegel recommendations for the neighborhood meetings. Molnar feels some concern if they are mandatory and supports a suggested threshold requiring the meetings. Use the size of a subdivision or impact of a commercial application to determine necessity. Success has been gained by these meetings. Applicants will take advantage because they don't want to be in front of the commission and be put on the spot about already discussed issues. Kaplan asked if this could be written as a recommendation or as a guideline so if they want to have the meeting there is a process? Molnar felt that was a possibility and to include an outline in with the pre- application paperwork as an appendix would work. Moms commented that the owner of record is noticed and it is not always the person who lives at the address. The requirement is to the owner and the reality is they might not be around to address the issue. Find a better way to notify the residents and owners if possible. The notice is posted on the property also. Miller urges this be a strong recommendation because it is to the applicants peril if something is contentious. Ashland Planning Commission April 23, 2013 Page 4 of 6 5) Type 2 Alteration-Commission reviewed the existing requirements for site review of a Type 2 application. The new recommendations are included for review. Wording has been altered changing the threshold from 20% of a building square footage to 50% before triggering a public hearing. Miller questioned the reason of changing the 20% to 50%. Harris explained this is applicable to the economic development piece and that in expanding or growing a business what constitutes a reasonable threshold for requiring a public hearing. A small increase of 20% to an existing building of 1000 square feet does not really seem the best practice. A higher percentage makes sense in those areas. This is just one idea. The downtown design standards from 2008 bases the public hearing on a square footage increase of 25,000 sq/ft gross floor area or greater than 10% of the building floor area. The suggestion is to change to ground floor area rather than overall volume to reflect changes to the footprint or adding a building story. Hams questioned if there was some level of general support to moving some items to a Type 1 from a Type 2? Brown needs tangible examples because some problems may be hard to see. Could there be examples of items to see what is being adjusted. I agree that looking at 50% is something to look at, but only 20% maybe not. I want to see more than numbers. Potential or real examples, either would work. Public Discussion: Michael Shore/ 140 Clay Street, commented that the process of application sounds very friendly to the applicant. How can residents be represented? He suggested a commissioner be present and chair the public meetings. It would be helpful to have the expertise and authority of the commission during the meetings. Like to see meetings required and have commission presence. 6) Green Development Evaluation: Land use code review to apply green LEED neighborhood model. Look at all the green development as a sustainable model with all the aspects. Ashland currently supports the LEED development so they are suggesting refinement and incentives. Key items for consideration: Efficiency of Use of Land Transportation Natural Resources Building and Infrastructure Keep in mind the Council goal and economic strategy for incentives. Package these as incentives not as requirements. Incentives for other communities give people density bonuses which for residential results in residential units, height bonuses in commercial or mixed use. Efficient use of land is similar to land conservation. Green sustainable development encourages less sprawl and conserves land to reduce the adverse reactions of sprawl. Recommends higher densities for projects containing small dwelling like pocket neighborhoods. Proximity to jobs similar to affordable housing density bonus where developments located within ''/z mile of a place where there are jobs. Establish a threshold as to the number of jobs to reach the incentive. Recreational density bonus describes major facilities as tennis courts, swimming pools, playgrounds, or similar facilities. This could be reviewed and expanded to be more contemporary. Create requirements that are applicable to a standard subdivision. Transportation limiting footprint of parking area to less than 20% of surface area is used for surface parking. Encourage bicycling in the community with available showering and changing facilities. This could be added to the parking management strategies to help reduce parking requirements. This is typical with commercial applications of 100 employees, which is a high threshold for Ashland. This could be lowered and adjusted. Look at the routes to schools density bonus providing alternate connections through long blocks and steep slopes for children. In terms of natural resources the existing water resource protection zone allows reduction in that zone to restore creek or wetland areas and look at adding repair. Offsite transfers of development densities looks at areas that are constrained by flood zones or steepness. The ordinance currently transfers the density out of flood plains to the developable piece of the property. The examples given transfer to a bank or transfer them to another property. Solar access incentives address lot and building orientation. In addition to solar setback add lot and street layout to the ordinance. Buildings and infrastructure recommendations include incentives for on-site non-polluting renewable energy. Incentives for water efficiency by reuse in landscaping, number of night-sky components used to reduce sky glow, provisions for rain water harvesting, and reducing heat island rooftops. This currently exists for parking garages by use of rooftop gardens and shade trees, different types of pavement, non-reflective rooftop material. Ashland Planning Commission April 23, 2013 Page 5 of 6 Those are the highlighted incentive based items that were suggested. Staff would like to investigate these recommendations to come up with density bonuses that include coordination with the Earth Advantage program. Some communities use Earth Advantage to met water and other items to fulfill the density bonus program. Commission needs to consider the scope of the program, how it will work, how will it be administered, and how to apply to commercial and/or residential. How do you offer positive benefits to commercial as well as residential? Hams is hoping for feedback at the next meeting. Come up with an action plan identifying the items we would like included in the code then compile the draft for adoption through the summer. Staff would like to have code ready for adoption by September. Commission Comments: Mindlin clarified that staff is considering creating a new incentive program with density bonuses as incentives for a points based system that goes beyond Earth Advantage. This seems like a lot of work and so many items are already addressed as part of that program in various ways, so is it worth our time. There are other things within the ordinance standards that could be expanded because they may not be adequately addressed. The handout on LEED for neighborhood development gives a great checklist to meet the LEED program. It goes well beyond just an incentive program with other strategies. Consider adding basic passive solar standards in the handout to the existing standards. Mindlin is unsure if it is premature to put in a recommendation to council for cottage housing as a strategy for addressing infill. Think about storm water and rain gardens in terms of education, more of a handbook to hand out showing strategies. Dawkins agreed with Mindlin. Waste of storm water is criminal. Education for retaining storm water, and use of cisterns should be available. Transportation part with reduction of parking is righteous. Maybe have a city access parking storage area. This would leave more ground for human items. This could be a place for people who don't need their cars to have a safe place to put their cars. Kaplan passed on commenting. Miller commented that there was too much to read that she would like another meeting to consider. Peddicord agreed that stone water is a critical piece. As we are pooling resources from other city's we need to be mindful of our types of soil and what generalized strategy would be best practice for here. Take a measured look to disseminate that information to the public. Harris feels that the Commission needs more time to consider the green development incentives. The overall feeling seems to be that the idea of having density bonuses similar to other municipalities with all the different incentives is way too big and maybe we concentrate on a couple of things: solar standards and cottage housing. Mindlin is undecided on the cottage housing recommendation. It seems somewhat complicated at times. Staff does have ideas on how to include it in the code in a simplified approach. Mindlin commented that there are no prohibitions to stop people from doing those things in a multifamily zone. Do we want to extend that concept of cottage housing into single-family zones which would be extensive and do we consider getting extra density as suggested. Harris will put together a rough draft idea for the next meeting. Dawkins liked the Dallas Oregon example. Harris said the key is the administration of the programs. Some parts are straightforward such as solar orientation and resource protection, but the technical pieces like who is checking the rain gardens and energy and water efficiencies we don't have those mechanisms now. The problems become tracking and follow up to verify awarding the incentive. Miller would like a quick review of what we can do from here in smaller increments and then how do we get to the next step. Mindlin likes the idea of using LEED neighborhood development as a checklist for major developments like Normal. Use as a way to examine larger projects at the jurisdictional and applicant level. Harris there is a fair amount of technical expertise to check the points and items that we don't have on staff. The private developer should prepare the LEED checklist and hire a third party specialist to do the verification. Dawkins thought the housing diversity was interesting, but not the technical portions. C. Other Business: None ADJOURNMENT Meeting adjourned at 9:27 PM. Ashland Planning Commission Apnl 23, 2013 Page 6 of 6 ASHLAND TRANSPORTATION COMMISSION MINUTES APRIL 25, 2013 CALL TO ORDER Chair David Young called the meeting to order at 6:00 p.m. in the Civic Center Council Chambers, 1175 E. Main Street. Commissioners Present: Craig Anderson, Pam Hammond, Shawn Kampmann and David Young Absent Members: Tom Burnham and Corinne Vieville Ex Officio Present: Steve MacLennan Staff Present: Mike Faught, Scott Fleury and Jodi Vizzini ANNOUNCEMENTS No announcements were presented. CONSENT AGENDA A. Approval of Minutes 1. March 21, 2013 The minutes of March 21, 2013 were approved as presented. PUBLIC FORUM Egon Dubois/3811 W. Nevada/Thanked the Transportation Commission for their generous support of the bicycle safety education program. He reported that parents and teachers of schools that are not yet benefiting from the program have expressed interest. He added students have reported they enjoy the program and parents feel it is of value. He brought attention to the Ashland Community Bike Swap scheduled for Saturday April 27, 2013. Sharon Thormahlenl 96 Fork St./Expressed her concern with pedestrians, bumpouts, narrow driving lanes and the recently installed bike rack on S. Pioneer adding to the already dicey roadway. She explained how bikes parked in the rack sometimes extend into the road, forcing vehicles to the center causing a potential traffic hazard. She suggested the bike rack be moved farther up the hill where the road is wider. Commissioners acknowledged her complaint and recommended staff bring this subject for review at a future meeting. ACTION ITEMS This agenda item took place following the Traffic Crash Summary discussion. A. Hargadine-Pioneer-Fork Intersection Analysis-con't Staff Report Scott Fleury reviewed the report produced by Kim Parducci, Southern Oregon Transportation Engineering, LLC which included her recommendation for bulb-outs to increase pedestrian safety at the Hargadine-Pioneer-Fork intersection. Commissions Questions/Comments • Commissioners and staff discussed the need to channel vehicles to the'stop bar locations while keeping them on the right side of the road. A recommendation to add centerline striping was suggested to guide vehicles. A lengthy discussion took place on the need for crosswalks in this area. A request was made for the traffic engineer to revisit the location of the proposed stop bars indicated on the handout. • Commissioners discussed on the need for a marked crosswalk at the intersection. A request was made for staff to ask Ms. Parducci if there was one favorable location at this intersection for a crosswalk. Transportation Commission April 25, 2013 Page 1 of 3 Commissioners Kampmann/Hammond mis to approve the traffic engineer's recommendation with the exception of the bulb-outs and add centerline striping on S. Pioneer. DISCUSSION: Commissioner Anderson stated that Ms. Parducci's memo points out several benefits of the bulb-outs with no perceived drawbacks, so he was not in support of the motion. Commissioner Young agreed the memo came with a package and the sight distance benefits gained are contingent with the bulb-outs so he was not in support of the motion. Voice vote: Commissioner Kampmann, YES. Commissioners Anderson, Hammond and Young, NO. Motion failed 1- 3. Commissioners And m/s to approve the recommendation as presented in the memo from Southern Oregon Transportation Engineering, LLC. By show of hands in favor of the motion Commissioners Anderson, Hammond, Young, YES. Commissioner Kampmann, NO. Motion passed 3 -1. B. Walker and Iowa Intersection Analysis This item was reviewed prior to agenda Item A. Staff Report Mike Faught briefly discussed the letter submitted by Ashland Municipal Court Judge, Pamela Turner, requesting the Commission review the intersection at Walker Ave. and Iowa St. following a request by citizen Bruce Taylor, cyclist, who was cited for riding his bike through a stop sign. Mr. Faught felt the solution to the request was education, not an engineering redesign. He asked Bill Heimann to present bicycle safety information. Bill Heimann/647 Siskiyou Blvd./Stated he is a certified cycling instructor, coach and teaches the court diversion program for cyclists cited for moving violations. He gave an overview of a handout illustrating vehicle sight triangles at a typical intersection. He emphasized the danger of allowing cyclists to travel through intersections without stopping. He recommended situational awareness education instead of built facilities. Commissioners Questions/Comments • A comment was made to include a future agenda item to discuss remarking intersections with dashed bike lanes. • A question was asked if intersections are warranted prior to installing stop signs. Answer: Yes; this intersection exceeds MUTCD and the City's warrants. • Commissioners and staff discussed cyclists and situations which warrant tickets. Commissioners Anderson/Kampmann m/s to follow staffs recommendation to not take any action on the request to allow cyclists to travel through the Walker Ave./Iowa St. intersection without stopping. Discussion: Commissioner Kampmann stressed the need to be consistent throughout city. Voice vote: all AYES. Motion passed. Commissioner Young departed from the agenda to welcome Councilor Voisin as the newly appointed Council liaison to the Transportation Commission. NON ACTION ITEMS A. Audible Pedestrian Signals Update Staff Report Mr. Fleury provided an update on the status of the audible pedestrian signals. He stated an order has been placed and amended following a walk-through with an Oregon Department of Transportation representative and Commissioner Vieville who helped identify critical intersections. He outlined the status of the diagonal crosswalk at IndianalWightman which will be completed summer/ 2013. Staff reported the majority of signals are solar powered excluding a few reliant on power due to shaded areas. B. Road Diet Post Construction Analysis Staff Report Mr. Faught briefly outlined Ms. Parducci's N. Main St, evaluation report on average corridor travel time, stopped time, gaps and pedestrian and bicycle volumes. He added staff will post the updated data to the City's website to keep those interested in the statistics informed. Transportation Commission April 25, 2013 Page 2 of 3 Commissioners Questions/Comments • Commissioners shared both positive and negative personal experiences of post road diet travel. • Staff encouraged Commissioners to send any comments they hear from citizens to the Public Works office. COMMISSION OPEN DISCUSSION Topics of discussion included: various approaches to educating the public on pedestrian/bicycle safety; the recently adopted Transportation System Plan high priority projects; incorporating the projects into the Capital Improvement Plan project list; funding prioritized projects; future RVTD route and actions needed to make that happen; and Commission vacancies. INFORMATIONAL ITEMS A. Traffic Safety Connection April Newsletter Did not review. Informational item only. B. Action Summary Did not review. Informational item only. C. Traffic Crash Summary This item was discussed prior to agenda Item A; following agenda Item B. Staff Report Officer Steve MacLennan detailed two serious accidents involving pedestrians as indicated on the March Motor Vehicle Crash Summary. He clarified that neither accidents resulted in a fatality. Commissioners asked questions about the crosswalks on Ashland St. Officer MacLennan detailed an accident involving four cars at Lithia Way and Pioneer St. with minor injuries caused by an intoxicated driver who was cited. Officer MacLennan discussed the parking problem near the Grower's Market involving cars parked in the bike lane and on the railroad tracks. He added that he left a message for the market coordinator to discuss where to place flaggers on the road directing customers to the parking available at ScienceWorks and/or California St. Commissioners and staff discussed ways to educate and enforce the parking conditions placed on the conditional use permit issued for the market. ADJOURNMENT Meeting was adjourned at 8:00 p.m. Respectfully submitted, Jodi Vizzini, Public Works Assistant Transportation Commission April 25, 2013 Page 3 of3 CITY OF ASHLAND Council Communication June 4, 2013, Business Meeting Ambulance Operator's License Renewal FROM: John Karns, Fire Chief, Ashland Fire & Rescue, kamsi@ashland.or.us SUMMARY Annual renewal by Council of the Fire Department's Ambulance Operator's License per AMC 6.40.110. BACKGROUND AND POLICY IMPLICATIONS: Ashland Municipal Code (AMC) Chapter 6.40.110 requires ambulance service providers operating within the City of Ashland to apply annually for an ambulance operator's license. The fire department has provided emergency services in Ashland since 1885. From 1926 to 1936, the Fire Department operated the ambulance service in Ashland, and in 1936 the ambulance service was sold to Litwiller Funeral Home. The Fire Department obtained its first medical response vehicle (Rescue 9) through community donations in 1973, and began providing first response emergency medical services to the community. In January 1996, the City of Ashland purchased the Ashland Life Support Ambulance Company and Ashland Fire & Rescue began providing ambulance services within a 650 sq. mile ambulance service area in south Jackson County, known as ASA III. Ambulance services in Oregon are regulated by county governments, and within the City of Ashland they are required to obtain an ambulance operator's license. This license is renewed on an annual basis. FISCAL IMPLICATIONS: The license fee is $300 plus $100 per ambulance, for a total of $900. This is provided for by a line item in the department's emergency medical services budget. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends renewal of the Ambulance Operator's License for Ashland Fire & Rescue. SUGGESTED MOTION: I move to approve the Ambulance Operator's License renewal for Ashland Fire & Rescue. ATTACHMENTS: Ambulance license renewal application Page I of I ~r, CITY OF ASHLAND APPLICATION FOR AMBULANCE OPERATOR LICENSE AMC Ch. 6. 6.40 2013 Applicant's Name: CITY OF ASHLAND Trade Name, if any: ASHLAND FIRE & RESCUE Address: 455 Siskiyou Boulevard Ashland OR 97520 Telephone number: 541 482-2770 Ambulance descriptions Manufacturer Vin # License # 1. 1996 FORD LIFELINE 1FDKE30F8THA48282 EXEMPT 2. 1998 FORD LIFELINE 1FDXE40F2XHAO0469 EXEMPT 3. 2003 FORD LIFELINE 1FDXF47F63EA10341 EXEMPT 4. 2006 FORD LIFELINE 1FDXF47P06ED06467 EXEMPT 5. 2008 FORD LIFELINE 1FDXF47R48ED90832 EXEMPT 6.2011 FORD LIFELINE 1FDUF4HTOBEC53861 EXEMPT ❑ Attach information showing that every proposed driver, attendant and driver- attendant is qualified as required in Ashland Municipal Code Chapter 6.40 and as required by the laws of the State of Oregon. ❑ Enclose with the application, the initial license fee of $300 plus $100 per ambulance. ❑ Enclose a performance bond in the amount of $500,000. ❑ Enclose an insurance policy meeting the requirements of AMC §6.40.110.7. Attach additional pages as necessary. Explain any box not checked. Submit your application and required enclosures to Barbara Christensen, City Recorder, City Hall, 20 East Main Street, Ashland, Oregon 97520. 1 certify that each ambulance listed above is adequate and safe for the purposes for which it is to be used and that it is equipped as required by Ashland Municipal Code Chapter 6.40 and the laws of the State of Oregon. Signature: Print name: Greg I. Case Title: Division Chief Date: 05-23-2013 C:\Documents and Settings\shipletd\Local Settings\Temporary Internet Files\Content.Outlook\3N77SLG9\2013 lic renewal.doc April 10, 2009 CITY OF ASHLAND Council Communication June 4, 2013, Business meeting Amendment to the IGA with Jackson County for Emergency Notification System FROM: John Karns, Fire Chief, Ashland Fire & Rescue, kamsi@ashland.or.us SUMMARY This is an amendment to the original IGA with Jackson County for the Everbridge system, also known as Citizen Alert, the City's mass-notification system. BACKGROUND AND POLICY IMPLICATIONS: Ashland Fire & Rescue (AFR) and the Information Technology Department (IT) began working on public safety communications improvements in May 2010. Projects included broadcast of emergency radio online, resolving call capacity limitation affecting the City's emergency hotline, and creating a reverse-911 emergency notification capability for the City's public safety departments. IT and AFR completed the online broadcasts, and upgrades to the emergency hotline. In June 2010, AFR/IT, Jackson County, and the City of Medford began examining emergency notification options with the intent of pursuing a joint-use system to maximize coverage and minimize costs for each jurisdiction. Jackson County took the lead and allowed AFRAT to work closely with it to write a request for quotes solicitation, standard Intergovernmental Agreement, and cost-sharing model between July 2010 and February 2011. The jurisdictions agreed on a vendor and terms, resulting in the attached original IGA. The first two years of the agreement called for no costs to the participating jurisdictions. Grant funds from Jackson County covered the expenses during this time. The amendment to the original IGA that is attached outlines the costs for Ashland starting in March 2013. FISCAL IMPLICATIONS: The system will cost the City $4,050 each year. The agreement is from March 15, 2013 through March 14, 2015. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends the approval of the amendment to the IGA with Jackson County for the Everbridge mass-notification system, also known as Citizen Alert. SUGGESTED MOTION: I move to approve the amendment to the intergovernmental agreement for an emergency notification system with Jackson County. Pagel U2 ~r, CITY OF ASHLAND ATTACHMENTS: • Original IGA with Jackson County • Amendment to the original IGA Page 2 of 2 JACKSON COUNTY, OREGON INTERGOVERNMENTAL AGREEMENT FOR AN EMERGENCY NOTIFICATION SYSTEM This inter-governmental agreement, hereinafter referred to as "Agreement," is made and entered into this 20th day of April, 2011, by and between the County of Jackson, by and through its Board of Commissioners, hereinafter referred to as "County" and City of Ashland, hereinafter referred to as "City." County and City arc hereinafter individually referred to as the "Party" and collectively referred to as the "Parties". WHEREAS, the City and County share a common mission to promote the safety and welfare of the public; and WHEREAS, the City requires a solution to rapidly notify citizens it serves, and its own personnel, in the event of disruptions, hazards and emergencies; and WHEREAS; the County has contracted with Everbridge, Inc., for an Emergency Notification System that will meet the City's needs; and WHEREAS, the public is best served when organizations that serve the public cooperate by sharing information and resources in order to improve service and cost; and WHEREAS, the authority exists in the Law and the Funds have been budgeted, appropriated and otherwise made available; and WHEREAS, sufficient uncommitted balance of said Funds remain available for encumbering and subsequent payment; and WHEREAS, required approval, clearance, and coordination have been accomplished from and by the Parties to this Agreement; NOW, THEREFORE BE IT AGREED that, the County and City enter into this Agreement with the following provisions: 1. Responsibilities A. County will contract for and administer the contract for an Emergency Notification System (hereinafter `System') which delivers those features described in Exhibit A of this IGA. To the best of its ability, as permitted contractually, County will compel the contracted provider of the System (hereinafter "Vendor') to deliver service levels described in Exhibit B of this Agreement. City understands that County is not providing the System directly, and agrees that County is not responsible for providing City with capabilities beyond what is included in County's contract with Vendor. ` B. City agrees to designate and authorize two members of its staff (hereinafter "Agency Administrator') to serve as primary and secondary system administrators and liaisons to County with respect to City's use of the System. C. County will provide the Agency Administrators access to the System as Users with delegated administration capability and responsibility for areas of the system relevant to City's jurisdiction, 1 subject to the terms and conditions of the contract between County and the Vendor. County intends for the system to be as useful as possible to City, and will delegate as much control to the Agency Administrators as practical within the constraints of the software, and will only limit control to the degree necessary to prevent City's use from interfering with use by County or other participating organizations. D. Agency Administrators will not grant User access to people other than authorized City staff without written permission of County. E. City understands that Vendor may hold County responsible for improper use of System by City, and therefore City will ensure that Agency Administrators, City staff and any other people authorized to use the System by City will abide by the Vendor's and County's guidelines and policies for use of the System. City will ensure that all Users of the system authorized by City are trained and maintain current knowledge in the proper use of the System. F. City agrees to defend, save, hold harmless and indemnify Jackson County, Oregon, and its officers, employees, agents and members from all claims, suits or actions of whatever nature resulting from or arising out of the activities of City or its officers, employees, subcontractors or agents that are in violation of law or of Vendor's or County's guidelines and policies for the use of the System. G. County will provide at least one User or Administrator training session per year. City agrees that Agency Administrators shall attend training offered by the County or Vendor. If City desires more training than offered by County, the County will ensure contractual access to Vendor for City to purchase training services directly from Vendor. City will be responsible for the cost of all training not offered through the County. H. City and County agree to cooperate in.implementing and testing the System for use by City, and in resolving any problems that impair use of the System by City or other participating organizations. 2. Term. The term of this Agreement is from the date of execution through March 15, 2016. The County and City may extend the term of this Agreement by mutual consent via a written addendum to this Agreement. 3. Cost. City will, in exchange for use of the System, pay to County the sum of $4;050 on or before.' March X15, 2013;: and again on or before March 15, 2014 and again on or before March 15, 2015. If the term of this Agreement is extended by mutual consent, payment shall be due on March 15th of each year thereafter during the extended tern of this Agreement, at the rate agree to in extension agreement. 4. Termination. This Agreement is intended to remain in effect for the full term, but will automatically terminate in the event that County's contract with Vendor is terminated. The City or County may terminate this Agreement only in the event of the inability of County or City to lawfully appropriate funds to satisfy its financial obligations under this Agreement, or in the event of material breach of this Agreement by the other party. If a party terminates this Agreement pursuant to this paragraph, that party shall provide 30 days written notice to the other party prior to the termination of the Agreement. Parties agree prorated refund of City's payment to County shall not be required. 5. Assignment. Except as otherwise provided, the duties and obligations of the Parties shall not be assigned, delegated, or subcontracted without the express prior written consent of the other Party. Any and all assignees or subcontractors are subject to the requirements of this Agreement. 6. No Third Party Beneficiaries. Except as otherwise stated, this Agreement shall be binding only upon the Parties hereto and their respective successors and assignees. No third-party beneficiary rights or benefits of any kind are expressly provided or implied for herein. 7. Compliance with Applicable Laws. City shall comply with all applicable federal, state and local laws, ordinances and regulations applicable to the work under this Agreement. 8. Goveming Law, Jurisdiction, Venue. This Agreement shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any cl" action, suit or proceeding between the County and City that arises from or relates to this Agreement shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. In no event shall this section be construed as a waiver by County of any form of defense or immunity from any claim or from the jurisdiction. 9. Indemm . In addition to any other duty to defend, save, hold harmless and indemnify required pursuant to this Agreement: A. City shall defend, save, hold harmless and indemnify Jackson County, Oregon, and its officers; employees, agents and members from all claims, suits or actions of whatever nature resulting from or arising out of the activities of City or its officers, employees, subcontractors or agents under this Agreement. B. County shall defend, save, hold harmless and indemnify City, and its officers, employees, agents and members from all claims, suits or actions of whatever nature resulting from or arising out of the activities of County or its officers, employees, subcontractors or agents under this Agreement. 10. Force Majeure. No Party to this Agreement shall be held responsible for delay or default caused by fires, riots, acts of God and/or war, which is beyond the reasonable control of the Parties. 11. Severabilitv. 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. 12. Notice. For the purpose of this Agreement, the persons named below are designated the representatives of the Parties. All notices required to be given by the Parties shall be given by registered or certified mail to the representative named below. The Parties may designate in writing a new or substitute representative: Jackson County: CITY: Jackson County Emergency Management City of Ashland Attn: Mike Curry Attn: Rob Lloyd, CIO/Director 10 S. Oakdale Ave 90 N Mountain Medford, OR 97501 Ashland, OR 97520 541-774-6821 541-552-2314 Email: currymc@jacksoncounty.org Email: Iloydr@ashland.or.us 13. Merger. This Agreement constitutes the entire agreement between the Parties. No waiver, consent, modification or change of terms of this Agreement shall bind either Party unless in writing and signed ` by both Parties. Thcro are no understandings, agreements or representations, oral or written, not specified herein regarding this Agreement. 14. Approval. This Agreement shall not be deemed valid until the Agreement has been approved by authorized representatives of County and City. Jackson County, Oregon City of Ashland Danny Jor DDD~~~~ o StrombergVV~~ J-I County A ini rator yor Approved as to ell §tfEfl AE~i Frank Halltttl®ii County WWI 1 AMENDMENT NOA TO THE INTERGOVERNMENTAL AGREEMENT FOR AN EMERGENCY NOTIFICATION SYSTEM WITH THE CITY OF ASHLAND Dated April 20, 2011 This AMENDMENT No. 1 to the Intergovernmental Agreement for an Emergency Notification System (the "Agreement") dated April 20, 2011, by and between Jackson County, a political subdivision of the State of Oregon, hereinafter called "County," and the City of Ashland hereinafter called "City," is hereby made and entered into. The original Agreement amount was for $12,150.00 and the term of the Agreement is April 20, 2011, through March 15, 2016. There are no previous Amendments to the original Agreement. For consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. The City has requested the due date for the first payment under Section 3, Cost, of the Agreement be adjusted. Therefore, Section 3, Cost, of the Agreement is hereby amended in its entirety to now read as follows: Cost. City will pay to County the sum of $4,050. 00 per year for use of the System under the County's Everbridge Contract. County grants to City free use of System through March 14, 2013. The $4,050.00 payment for the period of March 15, 2013, through March 14, 2014, is due to the County no later than July 15, 2013. The remainder of the payments will commence annually as follows: A. March 15, 2014, through March 14, 2015, ($4,050. 00) due to County no later than March 15, 2014. B. March 15, 2015, through March 14, 2016, ($4,050. 00) due to County no later than March 15, 2015. If the term of this Agreement is extended by mutual consent, payment shall be due on or before March 15" of each year thereafter during the extended term of this Agreement, at the rate agreed to in the Amendment to extend this Agreement. 2. Section 2 of the Agreement provides for extension of the term of the agreement beyond March 15, 2016 by mutual consent via written addendum. The parties wish to make clear that such an extension may be accomplished by means of a writing signed by the Ashland City Administrator and an authorized representative of the County. Therefore, Section 2, Term, of the Agreement is hereby amended in its entirety to now read as follows: Page 1 of 2 (City of Ashland/Amendment No. 1) Term. The term of this Agreement is from the date of execution through March 15, 2016 The County and City may extend this Agreement annually for up to five (5) additional years without further approval by the Ashland City Council provided (1) the Agreement has not been terminated as provided in Section 4 of the Agreement; (2) each yearly renewal is documented in a writing signed by the Ashland City Administrator and an authorized representative of the County; and (3) the services to be provided by the County and the funding to be provided by City remain substantially the same. 3. Except as expressly modified by this Amendment, and all prior Amendments, if any, all terms and conditions of the Agreement remain in full force and effect. 4. This Amendment is effective the date on which this Amendment is fully executed by the parties and fully approved as required by applicable statutes and rules. JACKSON COUNTY, OREGON CITY OF ASHLAND By By Danny Jordan John Stromberg County Administrator Mayor Approved as to Legal Sufficiency Approved as to Legal Sufficiency County Counsel City Attorney Page 2 of 2 (City of Ashland/Amendment No. 1) CITY OF ASHLAND Council Communication June 4, 2013, Business Meeting Appointment to Transportation Commission FROM: Barbara Christensen, City Recorder, christebgashland.or.us SUMMARY Confirm Mayor's appointment of David Chapman to the Transportation Commission with a term to expire April 30, 2016. BACKGROUND AND POLICY IMPLICATIONS: This is confirmation by the City Council on the Mayor's appointment to the Transportation Commission. Ashland Municipal Code (AMC) Chapter 2.17.020 FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: None SUGGESTED MOTION: Motion to approve appointment of David Chapman to the Transportation Commission with a term to expire April 30, 2016. ATTACHMENTS: None Page I of I ~r, CITY OF ASHLAND Council Communication June 4, 2013, Business Meeting Approval of Local Agency Agreement #29101 for a Congestion Mitigation and Air Quality Improvement for Construction of Hersey St. Sidewalk FROM: Scott A. Fleury, Engineering Services Manager, Public Works/Engineering, fleurys@ashland.or.us SUMMARY The City of Ashland received a Congestion Mitigation and Air Quality (CMAQ) grant for the design and construction of sidewalk on Hersey St. from Oak St. to North Main St. The Local Agency Agreement between the City and the Oregon Department of Transportation (ODOT) will allow ODOT to administer this project. BACKGROUND AND POLICY IMPLICATIONS: In 2012 staff made an application to ODOT to fund the Hersey St. sidewalk construction project under the CMAQ program. The application was accepted by ODOT and the local Metropolitan Planning Organization, the local agency charged with distribution of state and federal funding. The project funding was approved for the 2014/2015 calendar year. If the CMAQ grant agreement is approved the project engineering and construction contracts will be administered by ODOT. Proiect Description: The project entails the construction of new six foot sidewalk along the south side of Hersey St. from Oak St. to North Main St. The CMAQ program was developed primarily to improve air quality by lessening vehicle emissions and/or by reducing on-road particulate emissions (PM10). Those projects that qualify for CMAQ funding are eligible to receive federal funding which is administrated through ODOT. Development and construction standards under the CMAQ program are more stringent than for normal city street construction. For a CMAQ project Federal standards, not local standards, apply. All reviews, assessments and engineering must be to those stricter standards. Construction and design must meet American Association of State and Highway and Transportation Officials standards. As a consequence, both design and construction costs tend to be much higher. Preliminary engineering costs for a CMAQ project generally exceed those of a normal city sidewalk improvement project. The higher costs are attributable to additional tasks that the engineer is required to'perform including: hazmat determinations, historical review of buildings, archaeological review, wetlands review and determination, special erosion prevention assessment, threatened and endangered species determination, required land use actions assessment, water quality issues assessment, non-listed wildlife issues determination and special permit requirements. Each of those reviews requires that a determination be made, often in the form of a report and often requiring sub-consultants with special expertise in a particular field. Although the CMAQ process is more costly it provides full environmental protections for all possible conditions. Page 1 of 2 Ir, CITY OF ASHLAND FISCAL IMPLICATIONS: The total estimated cost for this project under CMAQ development standards is $592,000 with a maximum available grant of $531,000. The City's obligation of $60,798 comes from a 10.27% matching requirement based on the maximum estimated cost. This maximum grant amount is budgeted in FY' 15 of the Capital Improvement Program. The final grant amount will be based upon the actual engineering and construction costs expended to complete the improvements. By the authority granted in Oregon revised Statues 190.110, 366.572 and 366.576, the City and State may enter into cooperative agreements for performance and funding of work on certain types of improvement projects with the allocation of costs to be mutually agreed upon. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of Local Agency Agreement no. 29101 to fund the Hersey St. sidewalk construction project. SUGGESTED MOTION: Move to approve Local Agency Agreement no. 29101 to fund the Hersey St. sidewalk project. ATTACHMENTS: Local Agency Agreement no. 29101 Page 2 of 2 50 Misc. Contracts and Agreements No. 29101 LOCAL AGENCY AGREEMENT CONGESTION MITIGATION AND AIR QUALITY PROGRAM Hersey Street Sidewalk: N. Main Street to Oak Street City of Ashland THIS AGREEMENT is made and entered into by and between 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," both herein referred to individually or collectively as "Party" or "Parties." RECITALS 1. Hersey Street is a part of the city street system under the jurisdiction and control of Agency. 2. By the authority granted in Oregon Revised Statutes (ORS) 190.110, and 366.576, State may enter into cooperative agreements with counties, cities, and units of local governments for the performance of work on certain types of improvement projects with the allocation of costs on terms and conditions mutually agreeable to the contracting parties. NOW THEREFORE, the premises being in general as stated in the foregoing Recitals, it is agreed by and between the Parties hereto as follows: TERMS OF AGREEMENT 1. Under such authority, State and Agency agree to fund, design and construct sidewalks on Hersey Street, from North Main Street to Oak Street, hereinafter referred to as "Project." The location of the Project is approximately as shown on the sketch map attached hereto, marked "Exhibit A," and by this reference made a part hereof. 2. This Project shall be conducted as a part of the Congestion Mitigation and Air Quality (CMAQ) Program under Title 23, United States Code. The total Project cost is estimated at $592,000, which is subject to change. The CMAQ funds are limited to $531,000 with Agency providing the match and non-participating costs, including all costs in excess of the available federal funds. Agency shall be responsible for determining the amount of federal funds to be applied to each phase of the Project. Agency is not guaranteed the use of unspent funds for a particular phase of work. It is Agency's responsibility to notify State in advance of State obligating the funds for a subsequent phase if Agency wants to release funds on the current authorized phase(s) of work. 3. The federal funding for this Project is contingent upon approval by the Federal Highway" Administration (FHWA). Any work performed prior to acceptance by FHWA or outside the scope of work will be considered nonparticipating and paid for at Agency expense. Key No. 18250 Agency/State Agreement No. 29101 4. State considers Agency a subrecipient of the federal funds it receives as reimbursement under this Agreement. The Catalog of Federal Domestic Assistance (CFDA) number for this Project is 20.205, title Highway Planning and Construction. 5. The term of this Agreement shall begin on the date all required signatures are obtained and shall terminate upon completion of the Project and final payment or ten (10) calendar years following the date all required signatures are obtained, whichever is sooner. 6. This Agreement may be terminated by mutual written consent of the Parties. 7. State may terminate this Agreement effective upon delivery of written notice to Agency, or at such later date as may be established by State, under any of the following conditions: a. If Agency fails to provide services called for by this Agreement within the time specified herein or any extension thereof. b. If Agency 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 State fails to correct such failures within ten (10) days or such longer period as State may authorize. c. If Agency fails to provide payment of its share of the cost of the Project. d. If State fails to receive funding, appropriations, limitations or other expenditure authority sufficient to allow State, in the exercise of its reasonable administrative discretion, to continue to make payments for performance of this Agreement. e. 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 State is prohibited from paying for such work from the planned funding source. 10. Any termination of this Agreement shall not prejudice any rights or obligations accrued to the Parties prior to termination. 11.The Special and Standard Provisions attached hereto, marked Attachments 1 and 2, respectively, are by this reference made a part hereof. The Standard Provisions apply to all federal-aid projects and may be modified only by the Special Provisions. The Parties hereto mutually agree to the terms and conditions set forth in Attachments 1 and 2. In the event of a conflict, this Agreement shall control over the attachments, and Attachment 1 shall control over Attachment 2. 12.Agency, as a recipient of federal funds, pursuant to this Agreement with the State, shall assume sole liability for Agency's breach of any federal statutes, rules, program requirements and grant provisions applicable to the federal funds, and shall, upon 2 Agency/State Agreement No. 29101 Agency's breach of any such conditions that requires the State to return funds to the Federal Highway Administration, hold harmless and indemnify the State for an amount equal to the funds received under this Agreement; or if legal limitations apply to the indemnification ability of Agency, the indemnification amount shall be the maximum amount of funds available for expenditure, including any available contingency funds or other available non-appropriated funds, up to the amount received under this Agreement. 13.Agency certifies and represents that the individual(s) signing this Agreement has been authorized to enter into and execute this Agreement on behalf of Agency, under the direction or approval of its governing body, commission, board, officers, members or representatives, and to legally bind Agency. 14. This Agreement 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 Agreement so executed shall constitute an original. 15.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 either Party unless in writing and signed by both 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 State to enforce any provision of this Agreement shall not constitute a waiver by State of that or any other provision. 16. State's Project Manager for the Agreement is Kelli Sparkman, ODOT Local Agency Liaison, 100 Antelope Road, White City, OR 97503; (541) 774-6383; kelli.sparkman@odot.state, or.us, or assigned designee upon individual's absence. State shall notify the other Party in writing of any contact information changes during the term of this Agreement. 17. Agency's Project Manager for this Agreement is Scott Fleury, City of Ashland Engineering Services Manager, 51 Winburn Way, Ashland, OR 97520; (541) 552-2412; fleurvs(cDashland. or.us, or assigned designee upon individual's absence. Agency shall notify the other Party in writing of any contact information changes during the term of this Agreement. 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. This Project is in the 2012-2015 Statewide Transportation Improvement Program, (Key #18250) that was adopted by the Oregon Transportation Commission on March 21, 2012 (or subsequently approved by amendment to the STIP). 3 Agency/State Agreement No. 29101 City of Ashland, by and through its STATE OF OREGON, by and through elected officials its Department of Transportation By By Highway Division Administrator Title Date Date APPROVAL RECOMMENDED By By Title CMAQ Program Coordinator Date Date APPROVED AS TO LEGAL APPROVED AS TO LEGAL SUFFICIENCY SUFFICIENCY By By Agency Counsel Assistant Attorney General Date Date Agency Contact: State Contact: Scott Fleury Kelli Sparkman City of Ashland Engineering Services ODOT Region 3 Local Agency Liaison Manager 100 Antelope Road 51 Winburn Way White City, OR 97503 Ashland, OR 97520 (541) 774-6383 (541) 552-2412 Kelli.sparkman(a-)odot. state. or. us fleurysCa ashland.or.us 4 Agency/State Agreement No. 29101 EXHIBIT A - Project Location Map CY- ~ /f1~: ~S ~*-Ken<S/ycak~ ~ V ~ -~tW_NevadaF=S,---D^E,Nev4al ENe C e _ ~m m~- J FteridanSt Grant t ~ ' ~ luckec5t I-;~ y aiat S I a Project Limits w eystd.~-Y ep as r v Maplg;5t~ ;a 99~ r w J S .C I~ ❑ O 4.:/ v, q • - WimeeSt~ , O 'sr, JMy;~adm G% P. ~Mantanita4`\CACADEMVJ~ Hers"-5i= ISTORIC(CPp f% i ~1, Y ^yi DIARiCf~`I'd~A/ r { I Qa chard t~444c+++ l n y'O~f ~~srSC \ J , -roekQr, Fiaki Ptrawbelry ~L~~fs` ~p F /~j\2~ ; p' sT R7!' m' DOWNTOWN -in stfaw4bery Q / ?ASHLAND I~S= - bier n ~1' yc/ud t ® 2013-M'r.~osofPOmporation ®20t2 Nuke; 5 Agency/State Agreement No. 29101 ATTACHMENT NO. 1 to Agreement No. 29101 SPECIAL PROVISIONS 1. Agency or its consultant shall, as a federal-aid participating preliminary engineering function, conduct the necessary field surveys, environmental studies, traffic investigations, foundation explorations, and hydraulic studies, identify and obtain all required permits, assist State with acquisition of necessary right of way and/or easements, and perform all preliminary engineering and design work required to produce final plans, preliminary/final specifications and cost estimates. State shall perform a Hazardous Materials Investigation to detect the presence of hazardous materials within the project limits and, if remediation is required, present a recommendation for remediation to the Agency. 2. Upon State's award of the construction contract, Agency, or its consultant, shall be responsible to perform all construction engineering, field testing of materials, technical inspection and project manager services for administration of the contract. 3. State may make available Region 3's On-Call Preliminary Engineering (PE), Design and Construction Engineering Services consultant for Local Agency Projects upon written request. If Agency chooses to use said services, Agency agrees to manage the work performed by the consultant and make funds available to the State for payment of those services. All eligible work shall be a federally participating cost and included as part of the total cost of the Project. 4. Indemnification language in the Standards Provisions, Paragraphs 46 and 47, shall be replaced with the following language: a. If any third party makes any claim or brings any action, suit or proceeding alleging a tort as now or hereafter defined in ORS 30.260 ("Third Party Claim") against State or Agency with respect to which the other Party may have liability, the notified Party must promptly notify the other Party in writing of the Third Party Claim and deliver to the other Party a copy of the claim, process, and all legal pleadings with respect to the Third Party Claim. Each Party is entitled to participate in the defense of a Third Party Claim, and to defend a Third Party Claim with counsel of its own choosing. Receipt by a Party of the notice and copies required in this paragraph and meaningful opportunity for the Party to participate in the investigation, defense and settlement of the Third Party Claim with counsel of its own choosing are conditions precedent to that Party's liability with respect to the Third Party Claim. b. With respect to a Third Party Claim for which State is,jointly liable with Agency (or would be if joined in the Third Party Claim), State shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by Agency in such proportion as is appropriate to reflect the relative fault of State on the one hand and of Agency on the other hand in connection with the events which resulted in such expenses, 6 Agency/State Agreement No. 29101 judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of State on the one hand and of Agency on the other hand shall be determined by reference to, among other things, the Parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. State's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if State had sole liability in the proceeding. c. With respect to a Third Party Claim for which Agency is jointly liable with State (or would be if joined in the Third Party Claim), Agency shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by State in such proportion as is appropriate to reflect the relative fault of Agency on the one hand and of State on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of Agency on the one hand and of State on the other hand shall be determined by reference to, among other things, the Parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. Agency's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if it had sole liability in the proceeding. d. The Parties shall attempt in good faith to resolve any dispute arising out of this Agreement. In addition, the Parties may agree to utilize a jointly selected mediator or arbitrator (for non-binding arbitration) to resolve the dispute short of litigation. 5. Agency shall, at its own expense, maintain and operate the Project upon completion at a minimum level that is consistent with normal depreciation and/or service demand. 7 Agency/State Agreement No. 29101 ATTACHMENT NO. 2 FEDERAL STANDARD PROVISIONS JOINT OBLIGATIONS PROJECT ADMINISTRATION 1. State (ODOT) is acting to fulfill its responsibility to the Federal Highway Administration (FHWA) by the administration of this Project, and Agency (i.e. county, city, unit of local government, or other state agency) hereby agrees that State shall have full authority to carry out this administration. If requested by Agency or if deemed necessary by State in order to meet its obligations to FHWA, State will further act for Agency in other matters pertaining to the Project. Agency shall, if necessary, appoint and direct the activities of a Citizen's Advisory Committee and/or Technical Advisory Committee, conduct a hearing and recommend the preferred alternative. State and Agency shall each assign a liaison person to coordinate activities and assure that the interests of both parties are considered during all phases of the Project. 2. Any project that uses federal funds in project development is subject to plans, specifications and estimates (PS&E) review and approval by FHWA or State acting on behalf of FHWA prior to advertisement for bid proposals, regardless of the source of funding for construction. PRELIMINARY & CONSTRUCTION ENGINEERING 3. State, Agency, or others may perform preliminary and construction engineering. If Agency or others perform the engineering, State will monitor the work for conformance with FHWA rules and regulations. In the event that Agency elects to engage the services of a personal services consultant to perform any work covered by this Agreement, Agency and Consultant shall enter into a State reviewed and approved personal services contract process and resulting contract document. State must concur in the contract prior to beginning any work. State's personal services contracting process and resulting contract document will follow Title 23 Code of Federal Reputations (CFR) 172, Title 49 CFR 18, ORS 279A.055, the current State Administrative Rules and State Personal Services Contracting Procedures as approved by the FHWA. Such personal services contract(s) shall contain a description of the work to be performed, a project schedule, and the method of payment. Subcontracts shall contain all required provisions of Agency as outlined in the Agreement. No reimbursement shall be made using federal-aid funds for any costs incurred by Agency or its consultant prior to receiving authorization from State to proceed. Any amendments to such contract(s) also require State's approval. 4. On all construction projects where State is the signatory party to the contract, and where Agency is doing the construction engineering and project management, Agency, subject to any limitations imposed by state law and the Oregon Constitution, agrees to accept all responsibility, defend lawsuits, indemnify and hold State harmless, for all tort claims, contract claims, or any other lawsuit arising out of the contractor's work or Agency's supervision of the project. STDPRO-2011.doc 8 Rev. 01-18-2011 Agency/State Agreement No. 29101 REQUIRED STATEMENT FOR UNITED STATES DEPARTMENT OF TRANSPORTATION (USDOT) FINANCIAL ASSISTANCE AGREEMENT 5. If as a condition of assistance, Agency has submitted and the United States Department of Transportation (USDOT) has approved a Disadvantaged Business Enterprise Affirmative Action Program which Agency agrees to carry out, this affirmative action program is incorporated into the financial assistance agreement by reference. That program shall be treated as a legal obligation and failure to carry out its terms shall be treated as a violation of the financial assistance agreement. Upon notification from USDOT to Agency of its failure to carry out the approved program, USDOT shall impose such sanctions as noted in Title 49, CFR, Part 26, which sanctions may include termination of the agreement or other measures that may affect the ability of Agency to obtain future USDOT financial assistance. 6. Disadvantaged Business Enterprises (DBE) Obligations. State and its contractor agree to ensure that DBE as defined in Title 49. CFR, Part 26, have the opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with federal funds. In this regard, Agency shall take all necessary and reasonable steps in accordance with Title 49. CFR. Part 26, to ensure that DBE have the opportunity to compete for and perform contracts. Neither State nor Agency and its contractors shall discriminate on the basis of race, color, national origin or sex in the award and performance of federally-assisted contracts. Agency shall carry out applicable requirements of Title 49. CFR. Part 26, in the award and administration of such contracts. Failure by Agency to carry out these requirements is a material breach of this Agreement, which may result in the termination of this contract or such other remedy as State deems appropriate. 7. The DBE Policy Statement and Obligations shall be included in all subcontracts entered into under this Agreement. 8. Agency agrees to comply with all applicable civil rights laws, rules and regulations, including Title V and Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990 (ADA), and Titles VI and VII of the Civil Rights Act of 1964. 9. The parties hereto agree and understand that they will comply with all applicable federal, state, and local laws, regulations, executive orders and ordinances applicable to the work including, but not limited to, the provisions of ORS 279C.505. 279C.515. 279C.520. 279C.530 and 279B.270, incorporated herein by reference and made a part hereof; Title 23 CFR Parts 1.11 140. 710 and 771 Title 49 CFR Parts 18. 24 and 26: 2 CFR 225, and OMB CIRCULAR NO. A-133. Title 23. USC. Federal-Aid Highway Act: Title 41. Chapter 1. USC 51-58. Anti-Kickback Act: Title 42 USC: Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970, as amended and provisions of Federal-Aid Policy Guide (FAPG). STATE OBLIGATIONS PROJECT FUNDING REQUEST 10. State shall submit a Project funding request to FHWA with a request for approval of federal- aid participation in all engineering, right-of-way acquisition, eligible utility relocations and/or construction work for the Project. No work shall proceed on any activity in which federal-aid participation is desired until such approval has been obtained. The 9 Agency/State Agreement No. 29101 program shall include services to be provided by State, Agency, or others. State shall notify Agency in writing when authorization to proceed has been received from FHWA. Major responsibility for the various phases of the Project will be as outlined in the Special Provisions. All work and records of such work shall be in conformance with FHWA rules and regulations. FINANCE 11. State shall, in the first instance, pay all reimbursable costs of the Project, submit all claims for federal-aid participation to FHWA in the normal manner and compile accurate cost accounting records. Agency may request a statement of costs to date at any time by submitting a written request. When the actual total cost of the Project has been computed, State shall furnish Agency with an itemized statement of final costs. Agency shall pay an amount which, when added to said advance deposit and federal reimbursement payment, will equal 100 percent of the final total actual cost. Any portion of deposits made in excess of the final total costs of Project, minus federal reimbursement, shall be released to Agency. The actual cost of services provided by State will be charged to the Project expenditure account(s) and will be included in the total cost of the Project. 12. If federal funds are used, State will specify the Catalog of Federal Domestic Assistance (CFDA) number in the Agreement. State will also determine and clearly state in the Agreement if recipient is a subrecipient or vendor, using criteria in Circular A-133. PROJECT ACTIVITIES 13. State shall, if the preliminary engineering work is performed by Agency or others, review and process or approve all environmental statements, preliminary and final plans, specifications and cost estimates. State shall, if they prepare these documents, offer Agency the opportunity to review and approve the documents prior to advertising for bids. 14. The party responsible for performing preliminary engineering for the Project shall, as part of its preliminary engineering costs, obtain all Project related permits necessary for the construction of said Project. Said permits shall include, but are not limited to, access, utility, environmental, construction, and approach permits. All pre-construction permits will be obtained prior to advertisement for construction. 15. State shall prepare contract and bidding documents, advertise for bid proposals, and award all contracts. 16. Upon State's award of a construction contract, State shall perform independent assurance testing in accordance with State and FHWA Standards, process and pay all contractor progress estimates, check final quantities and costs, and oversee and provide intermittent inspection services during the construction phase of the Project. 17. State shall, as a Project expense,. assign a liaison person to provide Project monitoring as needed throughout all phases of Project activities (preliminary engineering, right-of-way acquisition, and construction). The liaison shall process reimbursement for federal participation costs. 10 Agency/State Agreement No. 29101 RIGHT OF WAY 18. State is responsible for proper acquisition of the necessary right of way and easements for construction and maintenance of the Project. Agency may perform acquisition of the necessary right of way and easements for construction and maintenance of the Project, provided Agency (or Agency's consultant) are qualified to do such work as required by the State's Right of Way Manual and have obtained prior approval from State's Region Right of Way office to do such work. 19. Regardless of who acquires or performs any of the right of way activities, a right of way services agreement shall be created by State's Region Right of Way office setting forth the responsibilities and activities to be accomplished by each party. State shall always be responsible for requesting project funding, coordinating certification of the right of way, and providing oversight and monitoring. Funding authorization requests for federal right of way funds must be sent through the State's Region Right of Way offices on all projects. All projects must have right of way certification coordinated through State's Region Right of Way offices (even for projects where no federal funds were used for right of way, but federal funds were used elsewhere on the Project). Agency should contact the State's Region Right of Way office for additional information or clarification. 20. State shall review all right of way activities engaged in by Agency to assure compliance with applicable laws and regulations. Agency agrees that right of way activities shall be in accord with the Uniform Relocation Assistance & Real Property Acquisition Policies Act of 1970, as amended, ORS Chapter 35, FHWA Federal-Aid Policy Guide, State's Right of Way Manual and the Code of Federal Regulations, Title 23, Part 710 and Title 49, Part 24. 21. If any real property purchased with federal-aid participation is no longer needed for the originally authorized purpose, the disposition of such property shall be subject to applicable rules and regulations, which are in effect at the time of disposition. Reimbursement to State and FHWA of the required proportionate shares of the fair market value may be required. 22. Agency insures that all Project right of way monumentation will be conducted in conformance with ORS 209.155. 23. State and Agency grants each other authority to enter onto the other's right of way for the performance of the Project. AGENCY OBLIGATIONS . FINANCE 24. Federal funds shall be applied toward Project costs at the current federal-aid matching ratio, unless otherwise agreed and allowable by law. Agency shall be responsible for the entire match amount, unless otherwise agreed to and specified in the intergovernmental agreement. 25. Agency's estimated share and advance deposit. a) Agency shall, prior to commencement of the preliminary engineering and/or right of way acquisition phases, deposit with State its estimated share of 11 Agency/State Agreement No. 29101 each phase. Exception may be made in the case of projects where Agency has written approval from State to use in-kind contributions rather than cash to satisfy all or part of the matching funds requirement. b) Agency's construction phase deposit shall be 110 percent of Agency's share of the engineer's estimate and shall be received prior to award of the construction contract. Any additional balance of the deposit, based on the actual bid must be received within forty-five (45) days of receipt of written notification by State of the final amount due, unless the contract is canceled. Any unnecessary balance of a cash deposit, based on the actual bid, will be refunded within forty-five (45) days of receipt by State of the Project sponsor's written request. c) Pursuant to ORS 366.425, the advance deposit may be in the form of 1) money deposited in the State Treasury (an option where a deposit is made in the Local Government Investment Pool, and an Irrevocable Limited Power of Attorney is sent to the Highway Finance Office), or 2) an Irrevocable Letter of Credit issued by a local bank in the name of State, or 3) cash. d) Agency may satisfy all or part of any matching funds requirements by use of in-kind contributions rather than cash when prior written approval has been given by State. 26. If the estimated cost exceeds the total matched federal funds available, Agency shall deposit its share of the required matching funds, plus 100 percent of all costs in excess of the total matched federal funds. Agency shall also pay 100 percent of the cost of any item in which FHWA will not participate. If Agency has not repaid any non-participating cost, future allocations of federal funds, or allocations of State Highway Trust Funds, to that Agency may be withheld to pay the non-participating costs. If State approves processes, procedures, or contract administration outside the Local Agency Guidelines that result in items being declared non-participating, those items will not result in the withholding of Agency's future allocations of federal funds or the future allocations of State Highway Trust Funds. 27. Costs incurred by State and Agency for services performed in connection with any phase of the Project shall be charged to the Project, unless otherwise mutually agreed upon. 28. If Agency makes a written request for the cancellation of a federal-aid project; Agency shall bear 100 percent of all costs as of the date of cancellation. If State was the sole cause of the cancellation, State shall bear 100 percent of all costs incurred. If it is determined that the cancellation was caused by third parties or circumstances beyond the control of State or Agency, Agency shall bear all development costs, whether incurred by State or Agency, either directly or through contract services, and State shall bear any State administrative costs incurred. After settlement of payments, State shall deliver surveys, maps, field notes, and all other data to Agency. 29. Agency shall follow requirements of the Single Audit Act. The requirements stated in the Single Audit Act must be followed by those local governments and non-profit organizations receiving $500,000 or more in federal funds. The Single Audit Act of 1984, PL 98-502 as amended by PL 104-156, described in "OMB CIRCULAR NO. A-133", requires local 12 Agency/State Agreement No. 29101 governments and non-profit organizations to obtain an audit that includes internal controls and compliance with federal laws and regulations of all federally-funded programs in which the local agency participates. The cost of this audit can be partially prorated to the federal program. 30. Agency shall make additional deposits, as needed, upon request from State. Requests for additional deposits shall be accompanied by an itemized statement of expenditures and an estimated cost to complete the Project. 31. Agency shall present invoices for 100 percent of actual costs incurred by Agency on behalf of the Project directly to State's Liaison Person for review and approval. Such invoices shall identify the Project and Agreement number, and shall itemize and explain all expenses for which reimbursement is claimed. Billings shall be presented for periods of not less than one- month duration, based on actual expenses to date. All billings received from Agency must be approved by State's Liaison Person prior to payment. Agency's actual costs eligible for federal-aid or State participation shall be those allowable under the provisions of Title 23 CFR Parts 1.11, 140 and 710, Final billings shall be submitted to State for processing within three (3) months from the end of each funding phase as follows: 1) award date of a construction contract for preliminary engineering (PE) 2) last payment for right of way acquisition and 3) third notification for construction. Partial billing (progress payment) shall be submitted to State within three (3) months from date that costs are incurred. Final billings submitted after the three months shall not be eligible for reimbursement. 32. The cost records and accounts pertaining to work covered by this Agreement are to be kept available for inspection by representatives of State and FHWA for a period of six (6) years following the date of final voucher to FHWA. Copies of such records and accounts shall be made available upon request. For real property and equipment, the retention period starts from the date of disposition (Title 49 CFR 18.42). 33. State shall request reimbursement, and Agency agrees to reimburse State, for federal-aid funds distributed to Agency if any of the following events occur: a) Right of way acquisition or actual construction of the facility for which preliminary engineering is undertaken is not started by the close of the tenth fiscal year following the fiscal year in which the federal-aid funds were authorized; b) Right of way acquisition is undertaken utilizing federal-aid funds and actual construction is not started by the close of the twentieth fiscal year following the fiscal year in which the federal-aid funds were authorized for right of way acquisition. c) Construction proceeds after the Project is determined to be ineligible for federal-aid funding (e.g., no environmental approval, lacking permits, or other reasons). 34. Agency shall maintain all Project documentation in keeping with State and FHWA standards and specifications. This shall include, but is not limited to, daily work records, quantity documentation, material invoices and quality documentation, certificates of origin, process 13 Agency/State Agreement No. 29101 control records, test results, and inspection records to ensure that projects are completed in conformance with approved plans and specifications. RAILROADS 35. Agency shall follow State established policy and procedures when impacts occur on railroad property. The policy and procedures are available through State's appropriate Region contact or State's Railroad Liaison. Only those costs allowable under Title 23 CFR Part 646, subpart B and Title 23 CFR Part 140, subpart I, shall be included in the total Project costs; all other costs associated with railroad work will be at the sole expense of Agency, or others. Agency may request State, in writing, to provide railroad coordination and negotiations. However, State is under no obligation to agree to perform said duties. UTILITIES 36. Agency shall follow State established Statutes, Policies and Procedures when impacts occur to privately or publicly-owned utilities. Only those utility relocations, which are eligible for federal-aid participation under, the FAPG, Title 23 CFR 645A, Subpart A and B, shall be included in the total Project costs; all other utility relocations shall be at the sole expense of Agency, or others. State will arrange for utility relocations/adjustments in areas lying within jurisdiction of State, if State is performing the preliminary engineering. Agency may request State in writing to arrange for utility relocations/adjustments lying within Agency jurisdiction, acting on behalf of Agency. This request must be submitted no later than twenty-one (21) weeks prior to bid let date. However, State is under no obligation to agree to perform said duties. 37. The State utility relocation policy, procedures and forms are available through the appropriate State's Region Utility Specialist or State Utility Liaison. Agency shall provide copies of all signed utility notifications, agreements and Utility Certification to the State Utility Liaison. STANDARDS 38. Agency agrees that design standards for all projects on the National Highway System (NHS) and the Oregon State Highway System shall be in compliance to standards specified in the current "State Highway Design Manual" and related references. Construction plans shall be in conformance with standard practices of State for plans prepared by its own staff. All specifications for the Project shall be in substantial compliance with the most current "Oregon Standard Specifications for Highway Construction". 39. Agency agrees that minimum design standards for non-NHS projects shall be recommended AASHTO Standards and in accordance with the current "Oregon Bicycle and Pedestrian Design Guide", unless otherwise requested by Agency and approved by State. 40. Agency agrees and will verify that the installation of traffic control devices shall meet the warrants prescribed in the "Manual on Uniform Traffic Control Devices and Oregon Supplements". 14 Agency/State Agreement No. 29101 41. All plans and specifications shall be developed in general conformance with the current "Contract Plans Development Guide" and the current "Oregon Standard Specifications for Highway Construction" and/or guidelines provided. 42. The standard unit of measurement for all aspects of the Project shall be English Units. All Project documents and products shall be in English. This includes, but is not limited to, right of way, environmental documents, plans and specifications, and utilities. GRADE CHANGE LIABILITY 43. Agency, if a County, acknowledges the effect and scope of ORS 105.755 and agrees that all acts necessary to complete construction of the Project which may alter or change the grade of existing county roads are being accomplished at the direct request of the County. 44. Agency, if a City, hereby accepts responsibility for all claims for damages from grade changes. Approval of plans by State shall not subject State to liability under ORS 105.760 for change of grade. 45. Agency, if a City, by execution of Agreement, gives its consent as required by ORS 373.030(2) to any and all changes of grade within the City limits, and gives its consent as required by ORS 373.050(1) to any and all closure of streets intersecting the highway, if any there be in connection with or arising out of the project covered by the Agreement. CONTRACTOR CLAIMS 46. Agency shall, to the extent permitted by state law, indemnify, hold harmless and provide legal defense for State against all claims brought by the contractor, or others resulting from Agency's failure to comply with the terms of this Agreement. 47. Notwithstanding the foregoing defense obligations under Paragraph 46, neither Agency nor any attorney engaged by Agency shall defend any 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 the prior written consent of the Oregon Attorney General. The State of Oregon may, at anytime at its election assume its own defense and settlement in the event that it determines that Agency is prohibited from defending the State of Oregon, or that Agency is not adequately defending the State of Oregon's interests, or that an important governmental principle is at issue or that it is in the best interests of the State of Oregon to do so. The State of Oregon reserves all rights to pursue any claims it may have against Agency if the State of Oregon elects to assume its own defense. MAINTENANCE RESPONSIBILITIES 48. Agency shall, upon completion of construction, thereafter maintain and operate the Project at its own cost and expense, and in a manner satisfactory to State and FHWA. WORKERS' COMPENSATION COVERAGE 49. All employers, including Agency, that employ subject workers who work under this Agreement in the State of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation coverage unless such employers are exempt under ORS 656.126. 15 Agency/State Agreement No. 29101 Employers Liability Insurance with coverage limits of not less than $500,000 must be included. Agency shall ensure that each of its contractors complies with these requirements. LOBBYING RESTRICTIONS 50. Agency certifies by signing the Agreement that: a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, and contracts and subcontracts under grants, subgrants, loans, and cooperative agreements) which exceed $100,000, and that all such subrecipients shall certify and disclose accordingly. d) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31, USC Section 1352. e) Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Paragraphs 36, 37, and 48 are not applicable to any local agency on state highway projects. 16 CITY OF ASHLAND Council Communication June 4, 2013, Business Meeting Appointment to Planning Commission FROM: Barbara Christensen, City Recorder, christeb cgashland.or.us SUMMARY Confirm Mayor's appointment of Carol Davis to the Planning Commission with a term to expire April 30, 2015. BACKGROUND AND POLICY IMPLICATIONS: This is confirmation by the City Council on the Mayor's appointment to the Planning Commission on application received. Ashland Municipal Code (AMC) Chapter 2.17.020 FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: None SUGGESTED MOTION: Motion to approve appointment of Carol Davis to the Planning Commission with a term to expire April 30, 2015. ATTACHMENTS: Application received Page I of I 1197541, CITY OF ASHLAND APPLICATION FOR APPOINTMENT TO CITY COMMISSION/COMMITTEE Please type or print answers to the following questions and submit to the City Recorder at City Hall, 20 E Main Street, or email chdstebnashland.onus. If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary. Name: Carol Horn Davis Requesting to serve on: Planning Commission (Commission/Committee) Address: 660 Prim Street, Ashland OR 97520 Occupation: Architect/Designer Phone: Home 541.482.5773 Work (Same) Email carol(a),davisandcline.com Education Background What schools have you attended? • California Polytechnic University, San Luis Obispo, CA • San Francisco State University What degrees do you hold? • Bachelor of Science in Architecture • Bachelor of Architecture (5 year professional degree) • Master's of Business Administration What additional training or education have you had that would apply to this position? Licensed Architect in California and Oregon. Hold certification with the National Council of Architectural Registration Boards (NCARB) CoOwner of Davis and Cline Galleries here in Ashland (15+ years) 1. Related Experience What prior work experience have you had that would help you if you were appointed to this position? • Director of Store Planning and Construction/Retail Design Architect with 30 years of experience managing store location growth for national retailers including The Gap, Mervyn's, Gymboree and Harry and David. I served as director of store growth and expansion opening as many as 100 store sites per a year. My experience includes working with city planning processes, building and planning codes in a multitude of locations nationally. I have worked in high density urban locations in New York, Chicago, etc. and suburban neighborhood locations throughout the US, Canada and England. • Business Management experience. • Awarded Commercial Renovation award from Ashland Historic Commission 2002 for 552 A Street; known as the John Easterling Building. • Co-Owner of Davis and Cline Galleries in Ashland. • Knowledge of public process through commissions & committees noted below. Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? Why? Iti, 2. Interests Why are you applying for this position? Invitation of Mayor and a desire to see Ashland increase it's vibrancy and relevancy as a progressive community through it's community planning process. 3. Availability Are you available to attend special meetings, in addition to the regularly scheduled meetings? Do you prefer day or evening meetings? Yes, available both day & evenings 4. Additional Information: How long have you lived in this community? Since 1997. Please use the space below to summarize any additional qualifications you have for this position Current Board Member Positions and Experience: • City of Ashland's Board of Building Appeals. Served since 1998 • City of Ashland's Public Art Commission. Served since 2011. Currently Chair. • Ashland School District Board of Directors. Elected for term 2009 thru 2013. Served as board chair for 3 years. • Ashland Gallery Association Served as Treasurer since 2011. Previous Community Committees and Experience: • Ashland Schools Foundation served 2009 thru 2011. • Ashland School District Budget Committee 2001 thru 2007. (Two Terms) • Ashland School District Bond Committee 2005 thru 2007. Served as Chair. • Ashland School District Closure Committee 2003. Submitted: May 21, 2013 BY:Carol Horn Davis 11FALA&, CITY OF ASHLAND Council Communication June 4, 2013, Business Meeting Special Procurement for the purchase of Type 1 Fire Pumpers FROM John Karns, Fire Chief, kamsig ashland.or.us SUMMARY This "Contract-specific Special Procurement" will allow Ashland Fire & Rescue to directly award a contract to Hughes Fire Equipment for the purchase of two Type 1 fire pumpers. These two fire pumpers would become the front line pumpers for the City's two fire districts. The existing front line pumpers are of a 1991 and 1993 vintage and have significant reliability problems producing a large number of out-of-service days. Ashland Fire & Rescue maintains pumpers on a 20 year cycle. A Type 1 pumper is considered a structural fire fighting apparatus and is the primary vehicle dispatched in each fire district on fire calls. An Invitation to Bid was released on January 22, 2013 and the City received only one bid - from Hughes Fire Equipment - in response to the ITB. The bid submitted by Hughes Fire Equipment exceeded the City's budget. Discretionary items were then deducted from the bid to reduce the price. BACKGROUND AND POLICY IMPLICATIONS: A Special Procurement is used for the purpose of seeking an exemption from the competitive bid process, custom designing a contracting approach, or the direct selection or award of a public contract or for a series of contracts. The attached and completed Special Procurement, Approval Request Form is attached for your review and consideration. AMC 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: G. Special Procurements - a public contract for a class special procurement, a contract specific procurement or both, based upon a contracting procedure that differs from procedures described in ORS 279B.055, 27913.060, 27913.065, 27913.070. The contracting approach may be custom designed to meet the procurement needs. 1. Special procurements shall be awarded in accordance with ORS 27913.085 and all other applicable provisions of law. FISCAL IMPLICATIONS: The Equipment Fund has budgeted $1,152,727 for Type 1 fire pumpers for FY 2014/2015. STAFF RECOMMENDATION AND REOUESTED ACTION: Page I of 2 W, CITY OF ASHLAND Staff recommends that the "Contract-specific Special Procurement" be approved. SUGGESTED MOTION: The Council, acting as the Local Contract Review Board, moves to approve the public contract award to Hughes Fire Equipment ATTACHMENTS: Form #9, Special Procurement, Request for Approval Page 2 of 2 CITY OF FORM #9 ASHLAND SPECIAL PROCUREMENT REQUEST FOR APPROVAL To: City Council, Local Contract Review Board From: John Karns, Fire Chief Date: May 28, 2013 Subject: REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT In accordance with ORS279B.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: Fire Department 2. Department Contact Name: John Karns, Fire Chief 3. Type of Request: Class Special Procurement X Contract-specific Special Procurement 4. Time Period Requested: From est.ARO 270 days To: 5. Total Estimated Cost: $1,152,727.00 6. Short title of the Procurement: Type 1, Fire Pumpers Supplies and/or Services or class of Supplies and/or Services to be acquired: Type 1, Fire Pumper- (2) Each. Type 1 fire pumpers are considered "structural" firefighting apparatus and are the primary fire pumper used by Ashland Fire & Rescue. 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. Background: An Invitation to Bid was released on January 22, 2013 and the City received one bid from Hughes Fire Equipment in response to the ITB. The bid submitted by Hughes Fire Equipment exceeded the City's budget. Discretionary items were then deducted from the bid to reduce the price. City staff is now recommending that a public contract for (2) two Type 1, Fire Pumpers be directly awarded to Hughes Fire Equipment. Form #9 - Special Procurement- Request for Approval, Page 1 of 3, 5/29/2013 The apparatus being replaced are of a 1991 and 1993 vintage. Fire pumpers are scheduled on a 20 year replacement cycle. Proposed procedure: The proposed sourcing method is direct award to Hughes Equipment for the fire pumpers. 8. Justification for use of Special Procurement: Describe the circumstances that justify the use of a Special Procurement. Attach relevant documentation. Hughes Fire Equipment, the representative for Pierce Manufacturing, was the only respondent to the invitation to bid for I or 2 Type 1 fire pumpers. The last two fire pumpers the City purchased were built by Pierce Manufacturer with positive experience with both the initial product as well as after sales service. After review of the current bid response the specifications and price were adjusted to bring costs to the budgeted level. As Hughes was the only respondent to the invitation to bid and can produce a product that meets the needs of the City and bid specifications, it is recommended to award a special procurement to Hughes Equipment. 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: Ashland Fire & Rescue has used Pierce fire pumpers for many years. Currently Pierce is producing a pumper with a pump driver by a power-take-off from the main motor providing for excellent service access as well as pump-and-roll capability with one motor. (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: Pierce fire pumpers have been consistently reliable during routine and emergency service as well as having excellent support by manufacturer and dealer. (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 27913.055, 27913.060, 2796.065, or 279B.070, or any rules adopted there under because: Due to strong reliability and excellent support these two pumpers, the front line units for the two districts in the City, with have a much lower "out-of-service" rate than the existing units. t'.. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.) Form #9 - Special Procurement - Request for Approval, Page 2 of 3, 5/29/2013 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 - [Enter date] PUBLIC NOTICE Approval of a Special Procurement First date of publication: [Enter date] 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 [Enter date]. For the purchase of two (2) Type 1 Fire Pumpers purchased by specific special procurement for a cost of $1,152,727.00 from Hughes Equipment. 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 2796.055, 279B.060, 279B.065, or 2798.070. 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, Ashland Fire & Rescue, Chief John Karns, 455 Siskiyou Blvd., Ashland, OR, 97520. The seven (7) protest period will expire at 5:00pm on [Enter date-seven calendar days from first date ofpublication] 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 a Special Procurement. 1- , Form #9 - Special Procurement - Request for Approval, Page 3 of 3, 5/29/2013 CITY OF ASHLAND Council Communication June 4, 2013, Business Meeting Award of Contract to Apparent Low Bidder for the Miscellaneous Concrete Project FROM: Scott A. Fleury, Engineering Services Manager, Public Works/Engineering, fleurvsgashland.or.us SUMMARY On May 23 at 2:00 p.m., bids submitted for the Miscellaneous Concrete Project were opened and publicly read. Bids were received from five contractors with Vitus Construction providing the low bid. BACKGROUND AND POLICY IMPLICATIONS: Bidding Procedure: The Miscellaneous Concrete Project was publicly bid on May 2, 2013. The invitation to bid was published in the Mail Tribune and the Daily Journal of Commerce. In addition, project plans and specifications were sent to several plan centers and were also posted on the City's website. Bids were opened on May 23, 2013 at 2:00 p.m. with five contractors responding. All five bids were valid and contained the required bonds, documentation, and acknowledgements. Bidding information is shown on the attached proposal summary form. Proiect Description: The project includes construction of new sidewalk on the west side of Francis St. from Siskiyou Blvd. to Oregon St.; construction of new sidewalk on C St. between Sixth and Eighth St.; construction of new sidewalk on Water St. between Van Ness and Central. In addition, the project includes handicap ramp construction along B St. and various locations of curb and gutter replacement. FISCAL IMPLICATIONS: The Miscellaneous Concrete Project is funded directly by the City as a capital improvement project (CIP). The established budget in the CIP was $195,000 for miscellaneous concrete repairs and $155,000 for sidewalk improvements based on the Transportation System Plan. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends the Council accept the bid and authorize the award of contract with Vitus Construction in the amount of $181,447.26 for the Miscellaneous Concrete Improvement Project. SUGGESTED MOTION: Move to approve the bid and award of contract to Vitus Construction in the amount of $181,447.26 for the Miscellaneous Concrete Improvement Project. Page 1 of 2 1r, CITY OF ASHLAND ATTACHMENTS: Bid Summary Project Plans Page 2 of 2 ~r, Y V F 11 3 J N O T.` y, 7 E c N O ~ Q O ~ O W oho U O N uu L I~ A U C O ~ O I~ C/1 F > o aui a o z coo W ~ Q1 Za ~oo~o O o~ o U M ~ G N ° N r h E' z Q M '4 O v M N O O p 6N9 u C d L Y 0 ti A ~ o o w U O 8 L O N O 7 c0.a p O Q ~O L ce M E d Gn a u V] Q U 0.' c u ~ C m U a ti o 0 0 - 0 N F M_ O cq O M 5 U O U n m N .L+ 7 ~ 7 y v O ~ M N O ~ a a0 ti .ter c~C p U 69 ~ 69 T N N ? 72 72 u 6 h u C O p] u c N ~ O w Q o w o = - 3 v w u v ~ O O c~0 O 7 ccl O £ O -0 Q u 4 0.. Q Z Z Cn Z, Im Q 0] Q Q U 4 n- i 2013 MISCELLANEOUS CONCRETE PROJECT 9®ULE OF DRAVMCS ASHLAND, JACKSON COUNTY, OREGON SHEET NO. DESCRIPTION I 2013 MISCELLANEOUS CONCRETE PROJECT = t I OF 7 COVER SHEET ~y gG 2 OF 7 SHE 'A " MAN 11 _swas E HERSEY Cl y7. k 3 OF 7 SITE A GENERAL NDTFB 4 OF 7 SITE 'B" th 5 OF 7 SITE 'C' A qpF " All NAwedrship and m c mf to tho aendra a of the 6 OF 7 SITE 'n Oregon Staw Standard Specilxafi.es, ow, 2 2010, ]0, oM the Me current nt ameMmenra of the ] OF ] DETAILS LS y. a f, q¢ gt a' O Ashland City of 2. Me Contmontra i.. Via S } CREEK OR.2 sv, r 1. Me shall determine the location of all ufid'fiea nedoeste, to sig. d o the wank The The Engineer does net Trot pha Me the occ.uro, of o/ the l e ese 0"- location afian or depth of the utilities mown on the he pons. Contractor SURVEY NOM 3 a p Mao Poona a exiaei g utilities and nofi/y Engineer of any di nsp apanciea with thsee/ nwe ~8 p0 \y S~ xli.¢ MUNSON J. Ilse Contractor shall not peAOrm work without the Agency inspections PROJECT BENCHMARK ff- G' g6 nR. I where mapacrNna are regained ey the spear. Gans. ass' 4. Reauasm by Me wnrrocfor for changes to the plane newt be Y a approved by the consulfbp erginew and Me Q'y De/oro Uo changes on BRASS CM ON TOP OF BOULDER USZ 1956 NORTH ENTRANCE TO L/r1/N .N 2013 MISC. CONC. Implwmented. _ PARK, ELEYAHCW=189509 (USGS 19 091UV) t4' 9 A} Oros on. ORS )57.541rofa have. Me contra ]51571 wti ht ior sham can with Me nclude repuipietymenta flwf Me rontroctw hand-expose (PothoM) urrder9rourd heaidNS and use W rodeonode < a = R Sf, < PROJECT SITE TYP• acre fa avad Camo them. Q ♦ r' a ~ establish The Engineer dws net either esprexsfy w by 1,'.u Gon seek to _Wk 6. a S kqy ' } a delineate Me property and rght-a/-way ndan me 99 O m ow• m. C em has included the the drawing ono t iv the location Co existing prroperty CONTACf9 NUREY ST. f' s 2 d at the work ony. fie Engineer ineer he, os drown i cumf u, ~ y A ~ Fi line at line the based on county assessois mods. aps. M fie Contractor shall OWN= MWJN 9 3 y. e~ yt R 6 EUREKA o 'hp W*tW~" Epp - I contact the enginwr I. establish henzbrtd and wertica/ control far the t,, J 11~y`'~., Wt ASHLWD PUBLIC WRNS DEPARTMENT THORNTON ENGINEERING, INC. gC ?0J 4~ '~Tq 'O,t ST. ST. i ST @@ „ 'h 7. Me Contractor shall contact the respective Utili(y Companlee to 51 WINBURN WAY P.O. BOX 476 IT .rF P GLENNEW DR. SA E. S cwrdfnate relocation or recanstrvcb'on of ony abllb'es. ASHLAND, OREGON 97520 260 N. 3RD S E£T 15. M W 8. The Contractor sMll notify the fallowing 48 hours prior to starting Me (541) 48B-5347 JACK5ONV1LLE OR 97510 a 3 ~rrS R' rn (541)-899-1489 O MAIN work ,L, o a at, of Aduand (541)-899-3419 FAX L A Oregon LAW, Pudic Works 511-488-5581 OO eed, Nobficthow Center 1-800-M2-2344 SIRAWBER JANE < OreMarton E./ 189 1 f A K f, `rl, a r^ 9. If 'soft" or weak subk rrbgnrig rade reatenals are they she # be UN H 33 BLAINE ST. ~a!;wa~ i removed and replaced rite rompoctofeof a aggregate sub-bees material, as rompocfed a stable aubrogde. II slgniRCant ~k 3 w `-1 of 9 OUINCY xwe A.., to achieve a te r^ g svKU o G sub9rade arooa are soft' contact engineer to renew the situation for Epc p, ~n ~n < S °z j S addifi.aal design Conaideratlane. T IfTfA $ vi a3 10. The Contractor shall be respaw,DM to clean and/w mainfvln orating IOWA pudic streets of sad or other dean, deposited by construttian operations WATM/9AD MY/AIMM D q sr. and repair all stream damaged by construction opemfons in o Nrsy ASMLWD PUBLIC WORKS DEPARTMENT ~.I A G ALASKA 4. "~~"--IItJJJ manor to avoid inconveniences or hazoMs to the public. WINBURN WAY ° WZd d r^ r('i S If. rhamfw Ehph..nng, Inc. b not provWtag wwWtin9 seances 51 51 WJO, OREGON 97510 ° o 3 HOLLY o -yS.AP- rn rn S regarding subsurface sail and groundwater conditions for ids ppjecL A. p a ST. LNKw ~ (7 contractor shelf step work and contact Thornton, Eglneeing inuawa ay if (541) 488-5347 c N o Ly. OG auxa OTb groundwater is wncaurts, or if u,...fy soft or unstable ea roMitions YFRIryLL sr. MDigpL O 2 3 99 - MY FR W on the ske. )~W~ 4i" CR. rgrg ug PEN VAN AVE. soa¢ < m ti 12. Contractor sho8 abtain any necessery budding permits paw fo Is can ASHLWO ELECTRIC OEPTARTMENT ANSTA UTILITIES m 4 HENRY n, LEE 5i, 3 11 Me contractor sites ronfoct. property owners at least 48 hours be 90 N. MOUNTAIN AVENUE MO BUSINESS PARK GAME advance of drASwvy mnowh. ASHLWO, OREGON 97520 MEDFORD, OREGON 97504 G i e ~r < S HOMES AVE 14, AI/ bees shoo be brimmed to lone! 8 feet sidewalk aNarene, height 488-5357 (541) B5B-4739 t gp. 5z o $ ~o ALTMIONi Sr P rn rn Y WEBSTER by o Ucensed arbarML - ya o F a: 15. Contractor shaft repair item, including irrigation that is damaged fK 132 W. . PVT. G PARKER ST. < during construction. T~HONE rum TV PRACHT ST ° CCC A' 0 3 f CENTURY J ALANK CHARTER ICIHONS - 'HERBFRI MP /SHUND ST. SOUTHERN 132 W. aft/ STREET 926 SOUTH GRAPE ST: PLAN NOrrEe MEDFORO, OREGON 97501 MEDFORD, OREGON 97501 Ito.. WNq 3 pz OREGON GREEN 66 This dacument has been created solely /or the purpose of (541) 776-8168 (541) 282-8672 - @ $ PRINGS aammunlaafirg the construction Ater. for the specified prajecf. Me owner i 3 FOREST o ST. UNIVERSITY and Cantrocmr shop be responsibb to ewhrvte these pions and the site Q~, ep S CIAREN ndifiots and notify the Engineer of any discrepancies. If any nevielene to & 9Y11IDOL8 the plane ore based, Me Engineer wig make every reasoaobk effort to ABBREVIATIDN9 \ < woaE LN. FERN MADRONE Si. distribute the revised plans to the Owner, Contractor and Surveyor. The AC. BACK F COWRIT NCRETE MAX MAXIMUM 8 akY JOY AVE. Owner and Conbuctw shell be rseperside to contact the atamser to ~ B.C. BACK OF MIN MINIMUM yg ST 3 z ST defemrm. if cry misions nave beer issued prior to. and during B.C.R. BEGINNING O OF F CURB RETURN MR. MANHOLE rl 0 3 G s p T mwbuctian. Cl. CURB IN(Ei R PROPERTY LINE Q Carat j OREGON 2. These Plans are a reproduction of the original electronic document F CENTER LINE PUE PUBLIC UINIY E'ASEMEN( qg Cro wson 0 f o t' C 3'' "0. These drawings are not to he reproduced wM.t Me pennhaeso o/ the WNC CONCRETE R/W RIGHT-OF-WAY GR. it It p Reservoir AC~ j 1 En fqq~ 'ny d r:ginnc They are to be used an this prvjecf mH AnY enter use without D/IWW DRI EN'AY SS Bsflff Y SEWER M ROSPE O Or =3 the written permissbn of the engineer is sm'ciy prohibited. L C.R. END OF CURB RETURN SSL SANITARY SEWER LATERAL y 'Pp m PROSPECT wsr. ° f s. & A EL ELEVATION S/W SIDEWALK 2 F f WST EXISTING STD STANnsRD cg o ELMS IF. WINDSOR ST. ~J\ k / Ww f! R alA. Q OG ORIGINAL GRADE SO STORM GRAIN W 0 & \ >G Q FIG FINISH GRADE TC TOP OF CURB W. AGENCY RENEW fll TIRE 1rvDRAM LION UNLESS OIHERWYSE NOTED a WAY MNA v 1 ¢ NEIDER LILAC CIR. 413 I i/i PRELIM. PLVJS - - 4/151IJ /13 X fINAI PUNS -APPROVED FOR CONSTRUCRON 1 '9 /W INVERT OF PIPE W14 WATER METER ' n RENBEp FlNAL PUNS -APPROVED FOR QJNSTRUCiiW L/S LANDSCAPING WV WATER VALVE V PER)m Dana, and r reesponvade far obtain;, a8 obahabble 2013 MISCELLANEOUS CONCRETE PROJECT x ` fi r E C5 RECORD DRAWINOS permits A. jimma ctiana inclWir, but not Junked to: -City of Ashland Public Warke Department VICINITY MAP - Ir'Rk 2' y RENEWAL DATE: 12/31/2013 .aena. rr-gee L rce Basxaw.awc CALL FOR UTILITY LOCATE 48 HOURS APPROVALS DRAWN: kid THOR p.o. box 476. 260 north 3rd street ARWRD nee was astcm wore DATE: 4/30/13 )Bcksonuille, Oregon 97530 PRIOR TO EXCAVATION - 1-800-332-2344 Aelwurm a aloe ax ha.: w e REMSON6 ENGWERINGoL (541) 899-1499 (541) 899-3419 f. 2013 MISC. CONCRETE PROJECT HEET COVER SHEET 1 CITY OF ASHLAND ASHLAND, OREGON EXIS\ FH NOTF9 °q Q I ,561 TL/ I. The Commatar shall rontacf property a.nets at least 48 haws in advance of drivey removals. ~I z. AI frees shah be trimmed to meet B feet sidewaR c1samnce height W tS 1 1 1 6 I 5 I / - !fin s.,onma f by a Imam sd w def. e T'~ z. T'e z. s' I ' 6 i 1 7 " 1I J. In ae,ae where slde.alk is not ct&a t to Me curb (planter strips) ch Cs the m o otatall 2' dy mar*ldd. nes sidewalk far ro Lacah'on shall Me also ? „.:nT t , F..": C K= x . 46 poP rt *'•>i.. G,, µ:,F f 4~t~ d .,g]., n t w.t.. fx •x ~u.i'::a ,wu?µ ~r ~'n1N { 4 Contractor shall spar ,terns, inclding im9otion that ,s damaged "+L rev'>` 7 - dunn9 constmohon C/) (:J O 1D' ~7 t 14.3x, i• I ED - - - i $ - 2 $ EXIST. TEL. P } EXIST. P EXIST. P 2 n 7 1 l /n~ g S E BELOW EXIST. RAMP - - ~f - 4 8 EXIST. PP- - C STREET EXISTING CURB & GUTTER PROFESS ~INF 5.973 ---I;..- X17M 50 I ire 21 r Q7 CONNECT EXISTING 3.3' WIDE SIDEWALK TO NEW -SIDEWALK (50 S.F.) 2O CONSTRUCT COMMERCIAL CONCRETE DRIVEWAY APRON, USE "SAN DIEGO BUFF" COLOR ADDITIVE (205 S. F.) ® CONNECT TO EXISTING SIDEWALK CONSTRUCT HANDICAP CONCRETE SIDEWALK RAMP, SEE RD756, OPTION A (1 EA.). RENEWAL DATE: 12/31/2013 Q3 SAWCUT, REMOVE AND REPLACE EXISTING CURB AND GUTTER (27 L.F.) 1© SAWCUT, REMOVE AND REPLACE EXISTING CURB AND GUTTER (29 L.F.) ® SAWCUT, REMOVE AND PATCH EXIST. A.C. (27 SF.) PLAN- C"STREET Je 1041 . s a 4o4S1aZU ro sM srrmsr i© SAWCUT, REMOVE AND PATCH EXIST. A.C. (29 S.F.) QS CONNECT EXISTING BRICK TO NEW SIDEWALK, MATCH EXISTING BRICK OORB CONSTRUCT NEW 5' WIDE CONCRETE SIDEWALK, USE "SAN DIEGO BUFF" COLOR ADDITIVE (1,553 S. F.) © REMOVE EXISTING SHRUBBERY 0 Ya' V. 1Q REMOVE EXISTING CONCRETE CURB RETURN AND APRON O7 CONSTRUCT RESIDENTAL CONCRETE DRIVEWAY APRON, USE 'SAN DIEGO - / BUFF" COLOR ADDITIVE (155 S.F.) CONSTRUCT HANDICAP CONCRETE SIDEWALK RAMP, SEE RD756, OPTION A 1 FA.). ® SAWCUT, REMOVE AND REPLACE EXISTING CURB AND GUTTER (18 L.F.) iQ REMOVE EXISTING CONCRETE SIDEWALK (72 S.F) O9 SAWCUT, REMOVE AND PATCH EXIST. A.C. (18 S.F.) J+.u, ]s' ~l LT., uercB ~r/ 1 I a e rnsr 20 PPD FC EXIST. WM x ~77pgq,A5 / - u LT BCR. J / 1 I $ 10' RAD., 2+3l9, 0' Ri, P. C. 2eT,r - - - - - - - F.C. (/)I 1 1 I Q 1 N / I h TC. E ..=99. 211 n `ape 1 _ 1 ~j j I 2447Z 2.3Y RT., P.R.C. 2+90, 5' RT, OR ZC E Ev.-QQsf - 1+SB. 5' RT P.T T.L. ELEY.~99.80 3+JJ 5' Ri., E.C.R. 'x ,S l xt 'A ,'u>`i'i. mt. ,n p h h . v - T.C. ELEV.~99.80 TO. E ..-99.80 20' CL. I°~ RAO "C" STREET f x EXIST. TEL. PED Y54 { to' 6 RAD 4„ • 's to TBIL: BLUE DISK M CttaB F1EV.=100.00 W n $ $ EXIST. P O SEE ABOVE-1 - - - _ z0~ PA0 3 e SEE SHE "C" STREET EXIST. HEDGE Z~ - PLAN- C"STREETBUMPOUTSTATIONS/GRADES cz CONSTRUCT HANDICAP CONCRETE SIDEWALK RAMP, SEE RD756, OPTION A (1 EA.). SAWCUT, REMOVE (108 L.F.) AND REPLACE (111 L.F.) EXISTING CURB AND GUTTER TL 72N DD~ © SAWCUT, REMOVE (528 S. F) AND PATCH (111 S. F.) EXIST. A. C. 90 SN 1ST. Q I r` , I sTc• . „ _ - - ® CONSTRUCT HANDICAP CONCRETE SIDEWALK RAMP, SEE `RD756, OPTION A (1 EA.). ® REMOVE EXISTING CONCRETE SIDEWALK (91 S.F.) PLAN- C"STREET `E 's"' REMOVE SHRUBS ® 5"E. A sm ¢m ms eV 1 CONSTRUCT HANDICAP CONCRETE SIDEWALK RAMP, SEE R0756, OPTION A 0 EA.). cwre ltEphlP/9pE%VN-xaenl SIDE ® CONSTRUCT HANDICAP CONCRETE SIDEWALK RAMP, SEE RD756, OPTION A (1 EA.). r ® REMOVE EXISTING CONCRETE SIDEWALK AND CROSSWALK (115 S.F.) © CONSTRUCT CONCRETE SIDEWALK, USE 'SAN DIEGO BUFF" COLOR ADDITIVE (140 S.F.). ® SAWCUT REMOVE AND REPLACE EXISTING CURB AND GUTTER (33 L. F) © REMOVE EXISTING CONCRETE SIDEWALK (88 S.F.) ,9e Iw. IIgPo ® SAWCUT, REMOVE AND REPLACE EXISTING CURB AND GUTTER (33 LF.) © SAWCUT, REMOVE AND PATCH EXIST. A.C. (33 S. E) tk' oAh' kid p.o. hox 476 • 260 north 3rd street SAWCUT, REMOVE AND REPLACE CONCRETE SIDEWALK, USE 'SAN DIEGO DAM: : yJo SAWCUT, REMOVE AND PATCH EXIST. A.C. (33 SF.) /13 Jacksonville, Oregon 97530 BUFF" COLOR ADDITIVE (137 S.F.) REVISIONS I 11 (5411899-1489 (54U 899-3419 f9x ® SAWCUT REMOVE AND REPLACE CONCRETE SIDEWALK, USE "SAN DIEGO BUFF" COLOR ® CONSTRUCT RESIDENTIAL CONCRETE DRIVEWAY APRON, USE 'SAN DIEGO ADDITIVE (192 S.F.). BUFF" COLOR ADDITIVE (182 SF.) 2013 MISC. CONCRETE PROJECT "HEET © SAWCUT REMOVE AND REPLACE COMMERCIAL CONCRETE DRIVEWAY ® CONSTRUCT NEW 5' WIDE CONCRETE SIDEWALK, USE SAN DIEGO BUFF" CITY OF ASHLAND APRON, USE 'SAN DIEGO BUFF" COLOR ADDITIVE (245 S. F.) COLOR ADDITIVE 525 S.F. ASHLAND, OREGON ~a ooh/i "Sr. S/W NOTM i 1. The a nn of dnctw shall ronracf OmpeM ownem at least 4B M1ova in i ° I V" 4 7 dwnce bwas or shall a mmowla 1 tS 6 4 ¢ 1 e al e Mmmed to at a leer sdewalY alromnae height, I I- _ R/W 20• C.L W. ld bnan e RM, e• PM J. In lw by a bse alk;a n rd v' [xisr. slo Auc J In orroa whero side dewpl 2" not ad/viceee to the curb (planter strips) L!:' 2 EXIST PP for each EXIST. 4 2I the cantroctw fo nsmn Y nnf sled under new sidewalk /w 7 O p2 OF, -y I {r property. Locoshon snap Oe Nea~y mvrked.ro 4. Cvnfrvctw anal/ mpvv ,Tema, mcNding ,mgatkn that is domvged W - :41 ? 7nt xa~P3 . , _ °zo 3.rr.... xti?,9` , m "1 e I e0~ng aonefrvabon - 5 g 8 $ 1 R In EXIST. PP ± 9_-- N i 7 1 n $ SEE S Ef;' 2 EXIST. MB SEE BELOW „ „ - a C STREET EXISTING CURB & GUTTER , I G O7 CONSTRUCT HANDICAP CONCRETE SIDEWALK RAMP, SEE RD756, OPTION A (1 EA.). SAWCUT, REMOVE AND PATCH EXIST. A.C. (325.F.) ZQ SAWCUT, REMOVE AND REPLACE EXISTING CURB AND GUTTER (34 L.F.) -6 1Q REMOVE EXISTING FENCE/RELOCATE EXISTING MAILBOX _ 3Q SAWCUT, REMOVE AND PATCH EXIST. A.C. (34 S.F.) - PLAN- C"STREET Jp 1E p9eC 1© CONSTRUCT NEW 5' WIDE CONCRETE SIDEWALK, USE "SAN DIEGO BUFF" COLOR ADDITIVE (950 S.F) sir, • - SIRER To 7111 STtEET ® CONNECT TO EXISTING SIDEWALK mne RFpAW/sMYI/lX-f.Mpl smE © CONSTRUCT HANDICAP CONCRETE SIDEWALK RAMP, SEE RD756, OPTION A (1 EA.). Q CONSTRUCT HANDICAP CONCRETE SIDEWALK RAMP, SEE RD756, OPTION A (1 EA.) o m. 10, ® SAWCUT, REMOVE AND REPLACE EXISTING CURB AND GUTTER (36 L.F.) © REMOVE EXISTING CONCRETE SIDEWALK (97 S.F.) © SAWCUT, REMOVE AND PATCH EXIST A.C. (36 S.F.) Q CONSTRUCT NEW CONCRETE SIDEWALK, USE SAN DIEGO BUFF" COLOR ADDITIVE (128 S.F.) ® CONSTRUCT HANDICAP CONCRETE SIDEWALK RAMP, SEE RD756, OPTION A (1 EA.). ® CONSTRUCT COMMERCIAL DRIVEWAY APRON, USE 'SAN DIEGO BUFF" COLOR ADDITIVE (212 S.F.) 1© REMOVE AND REBUILD EXISTING FENCE BEHIND NEW SIDEWALK 9O SAWCUT REMOVE AND REPLACE EXISTING CURB AND GUTTER (32 L.F.) - EXISTING FIRE HYDRANT TO I ~ EXIST. PP & GUY BE RELOCATED (BY OTHERS) o 11 a 4 / I „z 8th den ST. Q PROF n 1$ ¢ 20'5.L W. 20• CL pq0 I ~ CSS _ 1N I ~ .a_ t r... x aa- 6. x CT' Off a?eti~h. i f; zY.~^ G XO7 - - % W 1 12 - .446 45 SEE ABOVE X co EXIST. PP 8 EXIST. PP i $ N EXIST. PP & GUY "C" STREET EXIST. INLET - _ 21 ~ N _ EXISTING CURB & GUTTER k pP C 12/3172013 MMM + h F- ezo "c .820 'C~ ~i SS 880 TL- W I JJ I ^ 5T. I Ip eso c sr. aso ^c• sr eeo ^c' sr. ® CONSTRUCT HANDICAP CONCRETE SIDEWALK RAMP, SEE RD756, OPTION A (1 EA.). SAWCUT REMOVE AND PATCH EXIST. A.C. (72 S.F.) © CONSTRUCT HANDICAP CONCRETE SIDEWALK RAMP, SEE RD756, OPTION A (i EA.). ® SAWCUT, REMOVE AND REPLACE EXISTING CURB AND GUTTER (32 L.F.) ® CONSTRUCT RESIDENTIAL DRIVEWAY APRON, USE "SAN DIEGO BUFF" COLOR ADDITIVE (267 S.F.) ® SAWCUT, REMOVE AND REPLACE EXISTING CURB AND GUTTER (29 L.F.) ® SAWCUT, REMOVE AND PATCH EXIST. A.C. (32 SF) REPLACE WV BOX (TRAFFIC RATED) AND ADJUST TO GRADE © SAWCUT REMOVE AND PATCH EXIST A.C. (29 S.F.) © CONSTRUCT HANDICAP CONCRETE SIDEWALK RAMP, SEE RD756, OPTION A (1 EA.). ® (DELETED) ® CONSTRUCT HANDICAP CONCRETE SIDEWALK RAMP, SEE RD756, ® REMOVE EXISTING CONCRETE SIDEWALK (94 S.F.) OPTION A (1 EA.). CONSTRUCT RESIDENTIAL DRIVEWAY APRON, USE "SAN DIEGO BUFF" COLOR ADDITIVE (212 S. F.) .roeW.. 11-0de ,ee: W00,, cm, ® SAWCUT, REMOVE AND REPLACE EXISTING CURB AND GUTTER (28 T.F.) DRAWN: kid p.o. box 476 • 260 north 3rd street PLAN_C"STREET JJa I9 IEE Oa¢ DATE: 4/30/13 Td2bb rr IO I!C p 4540899'1489 cksonville, (5411oregon999-349751930 wro L . fax ~ REesoNS i ® SAWCUT, REMOVE AND PATCH EXIST. A.C. (28 S.F.) m[ A >rx seaET ro ern sm¢r CLWB REPAW/9pCMyN-AVMII ® CONSTRUCT NEW 5' WIDE CONCRETE SIDEWALK, USE "SAN DIEGO BUFF" COLOR ADDITIVE (1,520 S.F.) s,os 0 p, ro, 2013 MISC. CONCRETE PROJECT HEET © CONSTRUCT COMMERCIAL DRIVEWAY APRON, USE SAN DIEGO BUFF" COLOR ADDITIVE (282 S.F.) SITE "A' - 3 ® SAWCUT, REMOVE AND REPLACE EXISTING CURB AND GUTTER (72 L.F) CITY OF ASHLAND J ASHLAND, OREGON 9 -a` . )i-.:. '.::G .1. I :z-, s. . .J a:lL. Gi:.: ::.1..:'.: . __._c.. a ...e _...e.._ a. _ I, \N i NOTE J. \ V • 1 / - I. The Lt d,A,vor shall contact v:aPertY omen at Iwaf !B Awn in I' 14 l / X 4400 at she# y he f h a2. N AlJJ ed / - 14]4 SISNfYOU BLVD. / ham shag rham meet B !wt sidewalk clearance height, J. In by o licensed d . ot, / th In auras whew elatall lk ' e. adjacent to the aarh (eld efnpa) the coofrac tt he 1nsMll 2' Inflation sleeve order new sldemlk /or wh \ \ / _ property Lce Location shall be dewly marked 4 Confmctor shall repair items. including )rigafw that Is damaged / ~ during rorefrvction ' g EXIST. PP O7 CONSTRUCT HANDICAP CONCRETE SIDEWALK RAMP (1 EA.). . EXl . siDEWA . O SAWCUT, REMOVE AND REPLACE EXISTING CURB AND GUTTER (16 T.F.) ` 4 SSgys ~CF \ Ism sl 3Q SAWCUT, REMOVE AND PATCH EXIST. A.C. (16 S.F.) IS RELOCATE EXISTING- SIGN BEHIND NEW SIDEWALK EXIST. SIGN - CONSTRUCT NEW 5' WIDE CONCRETE SIDEWALK (1,476 S. F.) F © CONCRETE INFILL BETWEEN NEW S/W AND CONC. WALL 630 S.F.) 4 - Q7 SAWCUT, REMOVE AND REPLACE EXISTING CURB AND GUTTER (50 T.F.) 5 ® SAWCUT REMOVE AND PATCH EXIST A.C. (50 S.F.) 1 \ O9 CONSTRUCT COMMERCIAL DRIVEWAY APRON (152 S.F.) 055 FRANCES LN. 6 ! 1 7® MAINTAIN MIN. 4' OF SIDEWALK AROUND PP AND GUY WIRES REMOVE EXISTING CURB AS NEEDED ~A 1+85 1T. 4500 ' \ 1© SAWCUT, REMOVE AND REPLACE EXIST. A.C. (200 S.F.) 660 FRNJCES Wr SAWCUT AND REMOVE EXIST, SIDEWALK (30 S.F.) SPORTS AREA z+°° _ 1® CONNECT TO EXISTING SIDEWALK EXIST. CONC. WALL EXIST. CURB & GUTTER e. 4 NS 7 4/ I B / 1 x XIST. PP I GUY WIRES 1 9 ry" I 1 I 10,. la+fw 3}lOf G RED PROr-e 15,9 3 r # PLAN -FRANCES LANE F IS& C e V/ cvRe RFPNR/SCfMWN-xamN sore `y 21 RENEWAL DATE: 12/31/2013 .sm. Ir-gee n£: &SrIY➢.OIF DRAWN: kjd THORNICIN p.o. box 476 • 260 north 3rd street DAZE: 4/30/13 dftm pcksonville, oregon 97530 REVISIONS INT. (541)899-1489 (541)899-34(9fu 2013 MISC. CONCRETE PROJECT HEET SITE 'B' CITY OF ASHLAND 4 ASHLAND. OREGON I, I NOTES 1. Me confmctor shall contocf property owners of least 46 hours in - adwnce a dn'veweY ' 1. M bees ehe0 de trimmed to meet 8 feet sdowolk chvronro heyhh supervised by a Fcensed arhorist. J. h, oreas when, sidewalk is not ocjocent to the cur, (pbnter strips) the contracfor is to Instal? 1• indollon sleeve urHer new sidewalk for such property. Location short b cleo* marked. 4. Contractor shall repair items, including irrigation that is damaged during consimctma. \ \ \ \ \ I I ~ II \ X / I I I 1 I:I~ 11 I / I / v~~ TL 100 \ Op \ 91 WATER ST. _ I..- `I ` - 1- \ 10 k~ R 5900 I VAN NESS % r' 105 WATER 65Z WATER STREET EXIST. CURB & GUTTER 7 EXIST. CURB INLET 9 ~Q _ _ 1 1 $ 1 2 5 1 - s ----1 a ' ._SIOEWALK _ 1ST. sl0 AL _ e r :9.if4t ar'g duo x_u°'v . _3 :78'r I. Y4r a ~l 4~ u4r4 ,`'F I 1i , r r22 _Ma E `J } za.' EXISr. CONC. PPTO(INC O I I -"I \ \ T 9 \ I ¢ n 5901 6 B _ .9 ~Z \ I 1 I 1 Il 96 WATER ST. 2 I Q1 CONNECT TO EXISTING SIDEWALK 2Q REMOVE EXISTING BOULDERS 3O REMOVE EXISTING TREE ® RELOCATE EXISTING VALVE BOX PLAN - WATER ST. " iE 0eC 9 IE OD°° Q5 ADJUST EXISTING WM TO GRADE s~ c arm REFNRISID x-NORrR WE 2+55.0, 5.0' LT, P.T. 2+61.1, 5.0' 2+65.9, , 4.4' LT., P.T. © RELOCATE EXISTING BOULDER BEHIND SIDEWALK 2+51.2, 4.4' LL, P.C. 2+81.Z LL, P.C. W. so. ° 2+J5.9, 0.6' LT., P.T. O O7 CONSTRUCT NEW 5' WIDE CONCRETE SIDEWALK, USE "SAN DIEGO BUFF" COLOR ADDITIVE (428 S.F.) Q) } 2+31.1, 0' LT., P.C. R=20 + © REMOVE EXISTING TREES AS NEEDED FOR NEW SIDEWALK N P I+) REMOVE EXISTING SHRUBS ,m e s r It m, t , w•v r "Ecc td ""aAT., ry a i BUMPOUT SIDEWALK, CURB AND GUTTER AROUND EXISTING TREE, SEE'BUMPOUT DETAIL iQ CONSTRUCT NEW 5' WIDE CONCRETE SIDEWALK, USE "SAN DIEGO BUFF" COLOR ADDITIVE (601 S.F.) \ LT., P.T. 1© CONSTRUCT RESIDENTIAL DRIVEWAY APRON, USE 'SAN DIEGO BUFF"-COLOR ADDITIVE (1JO S.F.) 1® SAWCUT, REMOVE AND REPLACE EXISTING CURB AND GUTTER (186 LF.) FRaFFss 1® SAWCUT, REMOVE AND PATCH EXIST. A.C. (340 S.F. REMOVAL, 186 S.F. PATCH) G ~ N F Xo © 1 CONSTRUCT RESIDENTIAL DRIVEWAY APRON, USE SAN DIEGO BUFF" COLOR ADDITIVE (170 S.F.) Lv BUMPOUT DETAIL NOTES 2' 15, 73 r 1® REMOVE EXISTING TREE/SHRUBBERY ° © REMOVE EXISTING ROCKS .rte rra a-gm ® REMOVE EXISTING JUNIPER AS NEEDED FOR NEW SIDEWALK vG~ E N A~ DRAM kid T ORNTO 3r~eet : p.o, box 476 • 260 north 3rd street N 1 DATE: 4/30/13 11 rr Jacksonville, oregon 97530 ® RELOCATE EXISTING SIGN 21 ~y REM90NS If tt I - (541) 899-1489 (541) 899-3419 fax ® REMOVE EXISTING STUMP RK ~P~ 2013 MISC. CONCRETE PROJECT'HEET ® CONSTRUCT RESIDENTIAL DRIVEWAY APRON, USE "SAN DIEGO BUFF" COLOR ADDITIVE (151 S.F.) RENEWAL DATE: 12/31/2013 SITE eC' G ® SAWCUT AND REMOVE CONCRETE DRIVEWAY APRON (210 S. F.) CITY OF ASHLAND J ASHLAND. OREGON r I ~ I - EXIST. I 9+00 MATCHLINE, SEE BELOW EXIST. SIDEWALK 1 5 - 2 2 s - .8 . EXIST. SIDEWALK a 8 3 GRANITE STREET o 7 ,11001 - L 2 i 2 I EXIST. PP I I I TL 100 TL 200 185 GRANITE ST. 189 GRANTE ST. TL 300 I I TL .00 TL 900 I TL 1100 199 GRANITE ST. 205 GRANITE ST. 219 GRANITE ST. / I I I 221 GRANITE ST. 223'r RAN111ST. IfL 120 O7 REMOVE AND REPLACE EXISTING CONCRETE SIDEWALK (253 S.F.). NOTO 0 CONNECT TO EXISTING SIDEWALK PLAN - GRANITE STREET „ ,e oaa 1. The Contractor shall contact propedy owners at least 48 hears in 3O REMOVE AND REPLACE EXISTING SIDEWALK (9 S.F). - SUE: D STRA 9ERM uNE To MOURN MY ad arce of drvew y removale. 510ewwr-wise s0E 2. AS trees shall be trimmed to meet 8 feet sidewalk clearness he,'ght, 4 REMOVE AND REPLACE OF EXISTING CURB AND GUTTER (5 L.F.). -~P 0 10 40' eopervlead by a liceneed arbarst. O J. In areas where sidewalk is not adjacent to the curb (planter strips) 0 SAWCUT I' FROM NEW CURB, REMOVE & REPLACE EXISTING A.C. (5 S.F.). the contractor be to install Y irrigation sleeve under now sidewalk for each property. Location shall be clearly marked. 4. C 6 REMOVE AND REPLACE EXISTING CONCRETE SIDEWALK 105 S.F. eosin ontractor shall repair items, including irr sVed that ie damagod O ( g c . 07 REMOVE AND REPLACE EXISTING RESIDENTIAL CONCRETE DRIVEWAY APRON (50 S.F.). 9+00 MATCHLINE, SEE ABOVE Z 8 w EXIST. M.B.'S EXIST. WM'S (2) EXIST. TEL. PED 2 _ EXIST. SIDEWALK 4 - XIST M.B. 8 EXIST. CURB & GUTTER 0 9 I° MO., T>P. $ GRANITE STREET a g n tZ2 kmm~ m... ? •r a9'e<+Uwxe n a _ •_4iit i4ve 01" b f" 11 fx J ?Z t r = , yes ~~p PROFF 2 EXIST. W.M. 2 • 2 EXIST. CURB INLET ~ 'D I N EXIST F.H. EXIST. W.M. i D EXIST. PP I \l \ G F O EXIST. P.P. I I I EXIST. PP 9 n 712 I TL 1201 EXIST. PED. I - I EXIST. TREES/RETAIi~ING WALL / EXIST. CONC. APRON 15,973 223 RPNT ST. 227 GRANITE Si. 2TI_ 331 GRANITE Sr. 2431 GGRPN E ST. / TL 1900 255 G GR RANITE ST. TL 1903 1200 ; I I I I 263 GRANTE ST. N ® REMOVE AND REPLACE EXISTING CONCRETE DRIVEWAY"APRON (95 S.F.). G Q9 REMOVE AND REPLACE EXISTING CONCRETE SIDEWALK (87 S.F.). - 21 Fig ADJUST WATER METER FLUSH TO SIDEWALK (2 EA). Rk J. ~ 1~ - WIDEN SIDEWALK AT MAILBOX LOCATION (SEE DRWG. NO. ERD 720) x®p PLAN -GRANITE STREET 3e 1E Dew WE. D srwwwazRm' ws To wmftM wer RENEWAL DATE: 12/31/71E] i REMOVE 212 L.F. AND REPLACE 215 L.F. EXISTING CURB AND GUTTER. smwn-wLSr SW © ( ) ( ) o as. wo' SIDEWALK-WEST SIDE GALL FOR UTILITY LOCATE 48 HOURS ] SAWCUT 1' FROM NEW CURB, REMOVE & REPLACE EXISTING A.C. 1,077 S.F. REMOVAL, 215 S.F. PATCH). J09 W% 11-066 ( PRIOR TO EXG4YAilON - 1-BOO-332-2344`:".' nLe easEkw.bwc CONSTRUCT NEW RESIDENTIAL CONCRETE DRIVEWAY APRON (122 S.F.). DRAIN, kid "'p o: box 47G•~°'260 north 3rd street DATE: 4/30/13 rNr lacksonvtlle, oregon 97530 © CONSTRUCT NEW 5' WIDE CONCRETE SIDEWALK (804 S.F.) RENSIONS I LL I (541) 899-1489 (541) 899-3419 fax ® REMOVE AND REPLACE EXISTING CONCRETE APRON (31 S.F.). 2013 MISC. CONCRETE PROJECT HEET Q SAWCUT, REMOVE AND REPLACE RESIDENTIAL CONCRETE DRIVEWAY APRON (151 S. F.). SITE "D" 1® EXTEND EXISTING WEEPHOLES CITY OF ASHLAND V ASHLAND. OREGON O}JIPM.'I.tlN M N . IF IS DR WRER ht15C Y MA' W. OWa NNNO R' B[V91M /W YOM Y MIlWY N 1 SIDEWALK PARKWAY STRIP PRJIH ~pX JoJrt w,m¢ ExswD . m sP.n¢ Rmc I NROI a RmvnY, r una/ewx so0 A ONOORLCT R' TKER . 3' REV nRl Wa wrcw]mia TER w sts3 i emw c w A k / x ' ( . m>m 5 uwww ID couslDR/rmvwl aRNwx (SEE cono) m6x tRw'mr,Dra mrtlNr, `(1 ) avR rARC sTm t Rwa k MIRET (s EE ac. mYm) mewix oEE mR aoPE \ wv R I! Pu Fr s _ imiim+E.ilY N3E iF1N~ ~`TI`u'lI I1'lII1YL RIII ~L Y45RMW. rB' )')_m)IIl''ht=~N-7I( Irv'li ")Tt:T. .mn m+sera~~,Rle]wL SLC NCQ /JYp mw rn ppx r/-/JAY in i` 1"m. .42 R3Y[mOYMOIE AW~iR B[xR.O (IMP - , ~.IIti liL li~.l~1--I e' ws.BVnw r mE¢IDR wSRxcnov nmQrumEn WRr JUraev. ~ uAT1 r Y AmEMn YvR As vESm e' m~Yrwur Er Sidewalk With Parkway Strip R.aE 5r3wi /'c °R.rlmu "J•rz "P°` DQm PROS Driveway Apron A mEPY s w REREWNR, Cp OrOxrEN xwT . v. trfR'K smEYNx S4VE ll" IQR 5'M41(Y Fql R.K YMWSM1WlCJER YIDIII RS SiEDiIEp Y Wilt B[LOY MGL 5. ~OFlllw 1Y le' WY. gSpE I\.' NOR rl. ' WIP a PTFA (SEE VF. m)m) RN Rw . 10 Bm Y A ILI SFE m N] tPN1aIRw ]R' gY0061 A r 1MIbION VP ~tL p - R NA6 (T.M11f (13:1) V e mil' Ix11Nah, E`Z-t"~ Ra IB)1¢{ .a1.WAlt RON mRB k LNIQ ] sum 17 bJ t~/d RE Nem /5 ) ~ N ,I raLTrzNEO EWE m E%IEHD . aT1011 Y tM%. x• L0 . iVLL SEE Note PASE WIEAVL WM 1i+.. m ENHQx .EerMBm WrvE w1gVl OR OE R. TO n. Bptlxo 6K% 0, axP YbM CA4 Y N, 1M45NKN R' RN. mIPMIW RIL Is EE NOrz a anG 'R wp m r pE 1 cIXILCIOR MIFRIL co. BaE RWK 1 Fr. BENRRO WRe. uur w e- R xa WrRrL. Section A-A a11eEa L are Sidewalk Adjacent To Curb W,wAL vowc° are ]Ae" EIVNNSax 5/e• III Our N-c1a'E wTERN Yra near. JNV r/( Rxa xmc sER xoa > -1 CENP.RALNOTPS: PYMIIpV rLLL x9pM ENS . ] r ro.lLuvvR RRE 10.V 0 W<w 1. ..1. oW'EWn No aBERAix R. rInSLDx RrKwnn tax, WK R x5uxu rwcNJESS R R'. R Nux OR I Wu WRw4 ro EOONE LalaE NrnErwE A-A Ymxm mNC" .V W W mYMFRNL Nq IXmftWl UBE AN. NYfl" P.N. MR. WK R ISNMLL IxICHNf4 R o' Section ARSE SIOENALHISOLLTIONJOW 610MALKEDWRAOPONJONT YrM /J RAN 'r O.C. mix W1a. (3" p!M) SI9gU'E WNI64 2- MCE EAR, ]tl RIGE LKW V - 1 IeYW Y OR. NWM IR CEET BIR WY NEED N BE MDFA TO NREMNOR TINI P/DIUE6S GENERAL NGTFS: GENERAL NG1PS: E. WYL A NOYWL MWT'ER N J" R YFLNN Nod R e. A IF DP AND RSS RPhMAY TlW M15' MICE 00 IE 1. . CDRER. ED FOR JON! D. ON C FWRLD IT ra MF WE TNF. RKE 0.. . JOM YMWE MEY IEEE. 1. 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SIDEWALK DETAIL DRIVEWAY APRON ON STREET WITH SIDEWALK ADJACENT TO CURB DRIVEWAY APRON ON STREET WITH PARK STRIP ®Im:EP B x ra. .le B n W DRAa3c 1n sa EaA n r os RAaNC xP cRZ PUBLIC WORKS ENGINEERING °V1"wc cwz PUBLIC WOR KS' ENGINEERING , Y/aK PUBLIC WORKS ENGINEERING wE, .E.TWW-wu~.e-T^9'•v.'~.5's.'.-s^m•• CD720 are ..we-wnY.e-w.p. vmry s.Nr s...TP.. CD745 - 1ersE¢ WTe ,wIN1n-Alwwv-Nat+v.Ws aww awve» CD740 FXtRIDED CURBS aww+~~ f.:rr I mK N µ$a R.rrrrN.. .Cr. *%2m A° Wf Nvr TRfIPOlMR4PIDRMCL eRWYl01 . r PD CCIL E RI.DOmm a°iO°SY ImPExRCU11NwJi WMiA]RmRCwmBIUEERBIIW ...ss ~jYL BEwFImnRJwww~iwaaw SloBwulW . Op WAIMA&£CLW 59W a~Rm SY~ M-N..VI s.mF. nrmmN - I ew -A, RR mr C rM -m M ~ftED PROFFS 1~ a m D s AC3WATWMAEIE ~ W LNr.~ W ~^3g Q} .m .I ~L~-MYO~'P~ C)~~ ~ S'S.n tlena 6TAN.. Y YWMARLEWW .'y'~; u. wnA Srr 9 .IN:aH,e.~.E...l }~~'7RR t C'"RRmAwN.IOm 2 4/ 15,973 r gweylb N~a sW VAlI£YUITEER ~ PNR rt'R"WMENFN]J1P1 NIMNLlA44lFL 0.WIPRI~N SOOV/LEN1DMBiRNIUP SIIIEWIIxM`Y A~OTYNIWOMIRF (pRfNMOFBICPMNb MWY, swf pM 0. M W.aM,. M1m wI,m WGRrenM.mP YMaKaN W.NImeYwu9. e N `fuleJ ~ I eel m...a..r.mr..~.,..r.r_~.,..r_.._.. m..N.....,R..W.r..,a °N E FE AammY ur wAr: eaF '7".r-u"'..m.L'CiO.i:w~w amnwrtx.mwovxAweeR OJ =N W Twrm.xraW oRWOx rtANawooaAWxae ~Clneerln"S:""°'C Nw.am IEwnxNECaRessoEwrut ®aaw+JO, T.wp...,wa..... mq w.mw "~mJ'w7 w:wa,~::."°.,".~...~.w.`.. ..r. emrxAU~~onm \CL'L WRRExDONDRiM rim°i°,'m a° °A® :taw ~mI~"" o: :w~..m..1.w ,^mrs..ren..N.M,ns1e..._ra...1w.._ ~,w':w, waarl~i ® /21 J 0~y . ~aWb mNtlm 6 YYY ~I.wmYSYrs WPmai =Ew .arSrY 4~aYNSrrlar.Y WIW PamYwapr M~ b.FRYe wwbiw°I WU.M rr. IM^•NS,b.Yia wiM~u,~ss.~Y ~myy M~°sYyr°,mYimv.wNRWH.MaYId 4MmRw.irIMYmY RENEWAL DATE: 12/31/2073 uRra.. N.eY Jr.L e1a.ER.r.1,mu r+orsa a. wo. )r-aae seE' eASeIJ~v.w~ DRAWN: Yid p.o. box 476 • 260 north 3rd street 4bm DAIS 4/30/13 rrrrTO Jacksonville, Oegon 97530 REVlslons ENGIN LC l (541)899-1499 (541)899-3419fax W RING 2013 MISC. CONCRETE PROJECT HEET DETAILS r CITY OF ASHLAND / i ASHLAND. OREGON i ~ s J/ P s R ' ; ~ '3 STALL HC, Mlp,~ { Q-w INSTALL HC MPS NSTVALV HC RAMP n } III V~~~Iyy d~ J ~~I 1~ tl ~ 99Jly~ lQ IY}~I~ 1 vt~ I 9 I I ~1 a V'I al { r ~~y ~ yy e _pp~ P ""WIN y G e rg~ i Y, eT k ^'t C . f{ \ y~ yU MIJ i e .1 ~ ~°f E ` 1R wy!. ~ .t ~y e SUV . ,~i 5 37 S SCALE 1" = 30' W< ? I % Misc. Concrete e 13 z y Mlse. Conetiie w b`e <w "a City of Ashland R-- Ashland OR Be W-17-M13 AJ 11-33 w. PUBLIC WORKS ENGINEERING ' ....o»t~a o..a: sat-aas-ssev o..ae-cws 1 1 . M'Mlfc Corc.E^9 M-11.2- REVISED AS CONSTRUCTED 44V-049 02-t7-12 CONTRACT _11327 Extg. 9.5x9.5' joint layout. iYp. son. sew. manhole (For details. see this sh..) (Heavy broom finish texture) PLAN VIEW Sla. "P" 0+32.68.24.3' L t.. Sto. "P" 7+03.58.34'0. l "P" 0+ /2.64'Lt. Match extg. curb, elev. 2105.66± Match extg, curb, elev. 2156.60± isolation Elev 2106.755 id Sia "P" 0+33.OA21.09'Lt• Sto. "P" 7+03.60,18'L t. 2156.53 . midpoint joint 1 Sto. "P" 0+35.9.6.7' L I. Sfo "P" 0+47.96,8'Lt. Elev. 15 Elev. 2106.72 Sta. "P" 6+93.60, 8'L f. Sidewalk Contraction Elev. 2155.55 Sidewalk Manhole Sta. "P" 0+35:9, 2.8'Lt. " joint, typ. (For details, Construction 'O Curb & gutter Sta. "P" 0+0106. 10'Ri. ~ see this sht.) joint, typ. -9 Match extg. curb. 61&v. 2104.87+ ' Sfo. "P" 7+00:5.6.5' L t. Match .exfg. asph. 9.5' pvmt. (For details, Sta. "P" 7+00:5, 3' Rt. see sht.2A) 9.5' MANHOLE JOINT DETAIL STA. "P" 3+34.5 Match extg. asph. pvm1. °j (For details; See shi. 2A) m Sta. "P" 7+00.5, 12:5' Rt. h Curb & gutter to. "P" 0+16.7, 17.92' RL joint, typ. Sto. "P" 6+93.53, 14' R1. - , - EI Sta. " " 0+0 , 17.4 to. "P" 0+44.78. 14' Rt. joint, typ. Construction Elev. 2155.16 Q• Curb& gutter Contraction Sta. "P" 0+02, 17:46' R1. Elev. 2106.44 Curb & gutter joint, .YP• torn., typ. Sto. "P" 7+03.53, 24' Rt. Elev. 2104.80 (Intel loc.) Elev. 2156.36 Sta. "P" 0+02.34, 19.93' R.. Sta. "P" 0+31.05. 15.91' Rt. Sta. "P" 7+03.53, 27.4' Rl. Elev. 2104:83 Elev. 2106.00 - Match extg. curb. 2156.33-t :V2- olation BEGIN PROJECT DETAIL END PROJECT DETAIL MHMAC wearing course Level ZV2".dense 32" MANHOLE JOINT DETAIL Nom. thkn 2" N ys" R. typ, Poured joint filler o .:_..Q. 6° bend N NOTES: STA. "P" 6+50 :N o o0 1. Concrete pavement shall o o _ o o o _ be finished with a heavy LEGEND - 0 0 o o ~ , m broom texture. o O MHMAC t se a #4 X 32" born 2 Elevations given are of ®Asph. pvmi. o o Level 2. /2" dense ense ®30" ctrs. ' tap foce of curb. o o L1g _ Nom. gthkn. ate - base 2" CURB & GUTTER JOINT DETAIL Alf= 10' None. comp. t kn. - 4" OREGON` DEPARTMENT OF TRANSPORTATION CONTRACTION JOINT DETAIL THICKENED EDGE DETAIL w 0!11m ce awwmrarepao sin ,aa axes aaxwnm oo' BEGINNING & 'END OF PROJECT Subgrade geotextile ~ S COWLYTMM. 1M1n AEargw'H]aq suiea+urr au~en, avrmvrmsazv , ffiss ti<mw suaET SE sxrrrro sua~ aamv wxara ` 1114" X 13" smooth Poured join. filler i'• ! PROFF3, O ` Poured joint filler dowel@ f2" Ctrs. ~w GIN PLAZA AVE.;NEZLA STREET TO VERDA STREET (ASHLAND) PLAZA AVENUE 2/2\ N JACKSON COUNTY w 50 Expansion Design Team Leader -Jeff Bernardo Isolation COP U ✓ IS' 2-r<1. Designed By - Rodney Odear St. 4:1 joint filler '/z '-'~1I IFF Lubricate this end F IN. O~ Dre Hed By - Rodney Odear R. BEVN S 0.T CONSTRUCTION JOINT DETAIL DOWELLED ISOLATION JOINT DETAIL D E T A I L S CONCRETE PAVEMENT JOINT AND CURB GRADE DETAILS EXPIRES: 121.311 2A-2 I:\projects\0019\0019084\001906440\reedwey\general\as constructs\!5694f-2A-2. dt5 41312012 07:04 AM File No. 23474 CITY OF ASHLAND Council Communication June 4, 2013, Business Meeting Approval of a Contract with Pathway Enterprises for Janitorial Services FROM Mike Morrison, Public Works Superintendent, mike.morrison@ashland.or.us Don Robertson, Ashland Parks & Recreation Director, don.robertson@ashland.or.us SUMMARY City and Parks staff intend to contract with Pathway Enterprises to provide janitorial services for City and Parks facilities. Pathway Enterprises is a local Qualified Rehabilitation Facility (QRF) in Ashland and in accordance with ORS 279.850, the City is required to contract with a QRF if they can provide the product or service as specified and required by the City. The term for these janitorial service contracts will be July 1, 2013 to June 30, 2014. Contracts are processed annually because Pathway Enterprises is required to pay their employees the City's living wage and the living wage is adjusted annually every June 30 by the Consumer Price Index. BACKGROUND AND POLICY IMPLICATIONS: The existing contracts with Pathway Enterprises expire on June 30, 2013. ORS 279.840 Purpose. The purpose of ORS 279.835 to 279.855, 279A.025 (4) and 279C.335 is to further the policy of this state to encourage and assist individuals with disabilities to achieve maximum personal independence through useful and productive gainful employment by assuring an expanded and constant market for sheltered workshop and activity center products and services, thereby enhancing their dignity and capacity for self-support and minimizing their dependence on welfare and need for costly institutionalization. [1977 c.304 §2; 1989 x224 §43; 2003 c.794 §229c; 2007 c.70 §631 ORS 279.845 Duties of Oregon Department of Administrative Services; prices for products and services of nonprofit agency for individuals with disabilities; sources of products and services; rules. (1) It is the duty of the Oregon Department of Administrative Services to: (a) Determine the price of all products manufactured and services offered for sale to the various public agencies by any qualified nonprofit agency for individuals with disabilities. The price shall recover for the workshops the cost of raw materials, labor, overhead, delivery costs and a margin held in reserve for inventory and equipment replacement; (b) To revise such prices from time to time in accordance with changing cost factors; and (c) To make such rules regarding specifications, time of delivery and other relevant matters of procedure as shall be necessary to carry out the purposes of ORS 279.835 to 279.855, 279A.025 (4) and 279C.335. (2) The department shall establish and publish a list of sources or potential sources of products produced by any qualified nonprofit agency for individuals with disabilities and the services provided by any such agency, which the department determines are suitable for procurement by public agencies pursuant to ORS 279.835 to 279.855, 279A.025 (4) and 279C.335. This procurement list and revisions Page I of 2 11FAWA CITY OF ASHLAND thereof shall be distributed to all public purchasing officers. (3) The department may not delegate any duty imposed under this section to any person or public agency outside of the department. ORS 279.850 Procurement of product or service; agreements for procurement. (1) If any public agency intends to procure any product or service on the procurement list, that public agency shall, in accordance with rules of the Oregon Department of Administrative Services, procure such product or service, at the price established by the department, from a qualified nonprofit agency for individuals with disabilities, provided the product or service is of the appropriate specifications and is available within the period required by that public agency. (2) In furthering the purposes of ORS 279.835 to 279.855, 279A.025 (4) and 279C.335, it is the intent of the Legislative Assembly that there be close cooperation between the department, public contracting agencies and qualified nonprofit agencies for individuals with disabilities. The department on behalf of public contracting agencies and qualified nonprofit agencies for individuals with disabilities is authorized to enter into such contractual agreements, cooperative working relationships or other arrangements as may be determined to be necessary for effective coordination and efficient realization of the objectives of ORS 279.835 to 279.855, 279A.025 (4) and 279C.335 and any other law requiring procurement of products or services. FISCAL IMPLICATIONS: Funds are budgeted each fiscal year by the City and Ashland Parks Commission for janitorial services. Janitorial pricing proposals for FY 2013-2014 City of Ashland - $92,444.41 Ashland Parks Commission - $51,504.12 STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends the public contracts for janitorial services be awarded to Pathway Enterprises, Inc. SUGGESTED MOTION: The Council, acting as the Local Contract Review Board, moves that the public contracts be awarded to Pathway Enterprises for janitorial services. ATTACHMENTS: Janitorial pricing proposal letter for City facilities Janitorial pricing proposal letter for Parks facilities (Detailed cost sheets available upon request) Page 2 of 2 ~r, P t hw. ESSA nerprises. I Rebecca Simpson, CEO May 22, 2013 Kari Olson Purchasing Representative City of Ashland 90 N. Mountain Ave. Ashland, OR 97520 Ms. Olson, I have prepared our Janitorial pricing proposal for the City of Ashland based on the current Living Wage of $14.19 per hour. Ipropose that our price increase from $91,187.65 to $92;444.41 for a.total annual increase of $1,257.36. The updated changes for 2012-2013 services are as follows - Monthly 2012 2013 City Hall 1103.16 1126.62 Community Development 1729.48 1757.27 Municipal Court 621.37 630.9 Police Department 1006.8 1022.68 Service tenter 862.27 875.76 Street and Shop 417,94 424.29 The Grove 910.45 924.73 Carpet and Hard Floors 947.45 959.94 Difference Total 7,598.92 7,716.19 .117.27 Annual 2012 2013 City Hall 13,237.92 13,447.44 Community Development . 20,753.76 21,1187.24 Municipal Court 7,456.44 7,570.80 Police Department 12,081.60 12,272.16 Service Center _ 10,347.24' 10,509.12 Street and Shop 5,015.28 5,091.48 The Grove 10,925.40 11,096.76 Carpet and Hard Floors 11,369.41 11,369.41 Difference Total 91,187.05 92,444.41 '1,257.36 t WaLSSA Ira r~ter~~rfs~~; lac: Rebecca Simpson; CEO In total we propose an increase of 1.38%o for our current services. Pathway Enterprises, Inc. truly appreciates the'partnership we have with you and we hope to continue providing an expanding variety of services to you and the people of the City of Ashland. Sincerely, Richard Simpson Contract Services Director Pathway Enterprises, Inc. 1600 Skypark Drive, Suite 101 Medford, OR 97504 Office (541) 973-2728 Cell (541) 601-4550 Fax (541) 973-2729 thwnv ESA Enters rises. '1 nc: Rebecca Simpson CEO May 22, 2013 Rachel Dials Recreation Superintendent City of Ashland 340 S. Pioneer Street Ashland, OR 97520 Ms. Dials, I have prepared our Janitorial pricing proposal for the City of Ashland based on the current Living Wage of $14.19 per hour. I propose that our price increase finm $50,756.28 to $51,504.12 for a total annual increase of $747.84. The updated.changes for 2013-2014 services are as follows - Monthly 2012-2013 2013-2014 Pioneer Hall & Community Ctr 1613.16 1637.64 Parks Office 416.21 .422.4 Nature Center 319.85 324.45 Senior Center 1288.67 1308.27 Oak Knoll Pro Shop 263.32 266.77 Carpet and Hard Floors 328.48 332.48 Difference - Total 4,229.69 4,292.01 62.32 Annual 2012-2013 2013-2014 Pioneer Hall & Community Ctr 19357.92 19651:68 Parks Office 4994.52 5068.8 Nature Center 3838.2 3893.4 Senior Center 15464.04 -15699.24 Oak Knoll Pro Shop 3159.84 3201.24 Carpet and Hard Floors 3941.76 3989.76 Difference Total - 50,756.28 51,504.12 747.84 thwAV ESSA Rebecca Simpson; CLD In total we propose an increase of 1.47% for our current services. Pathway Enterprises, Inc. truly appreciates the partnership we have with you and we hope to continue providing an expanding variety of services to you and the people of the City of Ashland. Sincerely, Richard Simpson Contract Services Director Pathway Enterprises, Inc. 1600 Skypark Drive, Suite 101 Medford, OR 97504 Office (541) 973-2728 Cell (541)`60 1-4550 Fax(541)973-2729 CITY OF ASHLAND Council Communication June 4, 2013, Business Meeting Declaration and Authorization to Dispose of Surplus Property in a Sealed Bid Auction FROM: Mike Morrison, Public Works Superintendent, Morrism(2a ashland.or.us Bruce Dickens, Parks Superintendent, Dickensbnashland.or.us SUMMARY City staff intends to facilitate a sealed bid auction in accordance with AMC 2.54 to dispose of City property that has been declared surplus. BACKGROUND AND POLICY IMPLICATIONS: Near the end of each fiscal year, City staff conducts a sealed bid auction in accordance with AMC 2.54 to dispose of City property that has been declared surplus. The public sale allows the general public, including local citizens of Ashland, to participate in the sealed bid auction process. Thus far, there has been a great deal of interest, numerous sealed bids received, and a successful turn-out at each of the previous sealed bid auctions. Therefore, staff recommends that we conduct another sealed bid auction to dispose of the property being declared surplus. FISCAL IMPLICATIONS: Disposing of this property will avoid any future storage, handling and labor costs. The City fund (730) and Parks fund (411) will receive the revenue generated by the sealed bid auction under the category of "sale of assets" (480.310). STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that the vehicles, equipment and miscellaneous items listed on the attachment, including any additional low dollar items offered up by departments and/or located in storage areas prior to advertising the sealed bid auction, be declared surplus property and City staff be given authority to conduct a sealed bid auction in accordance with AMC 2.54 to dispose of the surplus property. SUGGESTED MOTION: The Council, acting as the Local Contract Review Board, moves to declare the property surplus, allow City staff to include any additional low dollar items offered up by departments and/or located in storage areas prior to advertising for the sealed bid auction, and gives City staff authority to conduct a sealed bid auction. ATTACHMENTS: List of vehicles, equipment and miscellaneous items being declared surplus property Page I of 1 rr, Surplus Sealed Bid Auction June 2013 Electric Department AFN Parks and Recreation continued 1 Flag Pole 1 Wireless Antenna System (Mayrad Parabolic 1 Differential Pressure Backflow Prevention Test Gauge - 140' 6" SCH 40 PVC Pipe Reflector - 5.725 to 5.825) Mid-West Instruments Model 830 (5 valve) (Testing 3 6" SCH 40 PVC Elbows 18 Pallets all brands of reduced pressure principle, pressure 15 4" 10' Long Galvanized Steel Pipe Threaded 1 Wireless Antenna System (Redline 4.5 - 5.725 to vacuum breaker and double check valve backflow 39 3" 10' Long Galvanized Steel Pipe Threaded 5.825 GHz Part 40-0042) prevention assemblies. Condition unknown, needs 2 2.25" 10' Long Galvanized Steel Pipe Threaded 1 2nd Pallet CAN Mainline Fittings (525 to 850 misc.) updated calibration.) 35 1.5" 10' Long Galvanized Steel Pipe Threaded 1 3rd Pallet Mesh Works Wireless Router Antenna 39 1.25" 10' Long Galvanized Steel Pipe Threaded 1 Reflector Grid Antenna (2400 to 2500 Sain 19db Wireless Vehicles 10 2" 10' Long Galvanized Steel Pipe Non-Threaded Parts) 1 #321: 1998 Ford Ranger 4x4 (automatic) 16 1.75" 10' Long Galvanized Steel Pipe Non-Threaded 1 Access Point Wireless Antenna VIN #iFTZR15X4WPA65958 65,065 miles 5 1.5" 10' Long Galvanized Steel Pipe Non-Threaded 1 #348: 1999 Ford E-250 RWD (automatic) 2 36' Aluminum Light Poles Fire Deportment VIN #1FTPE24L1XHA71042 35,114 miles 4 Aluminum Primary Metering Brackets 2 Refrigerators 1 #415: 2001 Ford F-350 RWD (automatic) 1 18' Street Light Pole 7 Grey metal lockers VIN #1FDWF36F21EC84057 64,630 miles 1 18' Street Light Arm 2 Green metal lockers 1 #429: 2000 Ford Explorer 4x4 (automatic) 10 Glass Cobra Head Street Light Bubble Lens 2 Brown food shelves with doors VIN #1FMZU72E4YUB47676 86,176 miles 2 Butterfly Wire Conductor Take Up Wheels 1 Dryer 1 #510: 2005 Chevy Impala FWD (automatic) 1 Conducted Wire Pay Out Wheel 1 Multi-gym VIN #2G1WF52E559201994--77,249 miles 10 Fiberglass Hot Arms 1 #555: 2006 Ford Crown Victoria (automatic) 1 Hand Line Blocks with Rope Parks and Recreation VIN #2FAFP71W86X166851 109,301 miles 2 PVC Tube Heating Bender 1 #649: 2004 Toro 580-D Grounds master mower 1 #561: 2007 Dodge Durango 4x4 (automatic) 24 32" Street Light Arms (#240000121) VIN #1D8HB38N97F515280 124,366 miles 24 6' Street Light Arms 1 #738: 1996 Morbark Chipper model 2070 (#1907) 662 Hours Equipment Cemetery 1 #746: 1999 Kawasaki Club Car Golf Cart 1 #372G: Homelight LR4400 Generator (Portable) 1 Old Canvas Canopy - at least 25 years old (#AG9929-780649) 1 #96A: 1989 Frink 8' Trailblazer (FTP-96) 1 Canopy 1 #754: 1996 Zamboni TMA 200 Ice Surfacer (#5872) 1 #78A: 1988 Hi-Way P-8 (#89397) 1 Under-The-Counter Refrigerator 1 #757: 1999 Kawasaki Club Car Golf Cart 1 Better Built Truck Box 1 Small Manual Defrost Refrigerator (Sanyo) (#AG9929-780652) 1 Better Built Truck Box 1 Hewlett-Packard Deskjet 5650 Printer 1 #758: 1996 John Deere 1070 Tractor 1 Truck Box 1 Chapel Chimes Player (#M01070A150263) 1 183A: Hobart Welder Kohler 2 Casket Lowering Devices 1 #767: 2003 Kawasaki Club Car Golf Cart 2 Heater - Kerosene (#AG0346-348701) 1 2013 Ford F-350 dually bed Water Treatment Plant 1 #770: 1999 Kawasaki Club Car Golf Cart 1 Napa Coolant Flusher 20 55 Gallon Plastic Drums (contained filtration aid) (#AG9928-777059) 1 Portable Fire Pumper (547 Hours) 1 #774: 1999 Kawasaki Club Car Golf Cart Water Department (#AG9928-777058) 1 Motorized Pallet Lift (Model #PDM 20-124, Serial #72932, 1 #777: 1998 Ford Ranger 2WD (5 speed manual) Capacity 2000#) VIN #1FTYR10C7WPA88408, 83,468 miles Surplus Sealed Bid Auction June 2013 Facilities Department Facilities Department continued Facilities Department continued.. . 1 Onon 400amp Transfer Switch Model OTCU4000 1 Panasonic Computer White Board Model KX-8530 1 Box of glass/brass desk lights (3) 1 Magic Chef Frost-Free Refrigerator Model RB17E 1 White 24"x60" Table 1 Box fan 1 Whirlpool Refrigerator Model ET18GKXBN00 Several Miscellaneous Wood Cabinets 1 Box wireless video security system 1 Sanyo Refrigerator Model SR-9510W 1 Desk with hutch and table (5 pieces) 1 Rubbermaid cooler 1 Whirlpool Washing Machine Model LER5636EZ3 1 Wood Corner Desk 1 Fuel cans 1 Microwave Oven GE Model JES638WF 1 Wood Coat Rack 1 Box of miscellaneous cameras 1 Emerson Microwave Oven Model MW89915B 1 Small wood night table 1 Computer monitoring station 1 Hamilton Beach Brew Station 1 Mockup wood desk 1 Lot Medium Duty Shelving 1 24"x44" wood table 1 Fellows Paper Shredder 1 34.5"x29"x43" Metal Work Order Table 1 ELMO EV-400 Visual Presenter 1 Metal 2-drawer rolling file cabinet (tan) 1 Metal Folding Gate 1 Metal 3-drawer rolling file cabinet (tan) 2 Scott Air Pac Fiberglass Enclosure 1 G-F Super Filer 4-drawer file cabinet (dark gray) 1 Hewlett-Packard Color LaserJet 4550 Model C7085A 1 Grantree 4-drawer file cabinet (blue) 1 Thermolyne Hot Place Type 22 1 Hon 4-drawer file cabinet (tan) 1 IEC Clinical Centrifuge 1 Hon 2-drawer file cabinet (black) 1 Blue M Stabil-Therm Gravity Oven 1 Holga locking 4-drawer file cabinet (blue/gray) 1 King Electric Ceiling Hung Heater 1 Metal 18-drawer storage unit 4 New Can Light Fixtures with 1 box miscellaneous parts 1 Hon 2-drawer lateral file cabinet 6 Boxes CPR Training Packages 1 43"03" 5-drawer map file cabinet 1 SAM 4S Cash Register Model ER-380M 1 Rolling A/V table 1 Samsung Cash Register Model ER-650 1 72"x36" wood/metal table 1 IBM Selectric II Typewriter (Black) 1 60"x30" wood/metal computer desk 1 IBM Selectric Typewriter (Green) 1 Metal printer stand 1 Kodak Slide Projector w/case Model 5600 1 53"x27" office table (tan) 1 Folding Dolly 1 Repro Technology 3000 blueprint machine w/supplies 4 Boxes of Survey/Drafting Supplies 1 Lot light duty shelving 6 Miscellaneous Bulletin Boards 1 Keyboard/monitor trays 1 9' Overhead Door Rollup Steel Door 1 Krueger folding chairs (60) 1 4' Overhead Door Rollup Steel Door 1 36"x72" 5-shelf bookcase (wood) 2 Keroheat Space Heaters 1 36"x49" 3-shelf oak bookcase 1 Cannon Image Runner 2105 Copier 1 32"x68.5" 5-shelf white wood bookcase 1 Toshiba DP2460 Copier 1 36"x84" metal cabinet 1 Sharp Flat Screen Television 1 16"x70" low wood cabinet 1 Emerson Television 1 36"x86.5" metal supply cabinet 1 Sanyo Television with 1 box miscellaneous 2 29.5"x72" laminate wood lockers 1 Hitachi CT-X1200 Projector 1 36"x78" metal locker (gray) 10 Miscellaneous Chairs 2 36"x78" metal lockers (no doors) CITY OF ASHLAND Council Communication June 4, 2013, Business Meeting Liquor License Application for James Mills dba Caldera Brewing Co. FROM: Barbara Christensen, City Recorder, christeb@ashland.or.us SUMMARY Approval of a Liquor License Application from James Mills dba Caldera Brewing Co at 590 Clover Lane. BACKGROUND AND POLICY IMPLICATIONS: Application is for additional privileges. The City has determined that the license application review by the city is set forth in AMC Chapter 6.32 which requires that a determination be made to determine if the applicant complies with the city's land use, business license and restaurant registration requirements (AMC Chapter 6.32). In May 1999, the council decided it would make the above recommendations on all liquor license applications. FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: Endorse the application with the following: The city has determined that the location of this business complies with the city's land use requirements and that the applicant has a business license and has registered as a restaurant, if applicable. The city council recommends that the OLCC proceed with the processing of this application. SUGGESTED MOTION: Under Consent agenda item, a motion to approve liquor license James Mills dba Caldera Brewing Co. ATTACHMENTS: None Page I of 1 ~r, CITY OF ASHLAND Council Communication June 4, 2013, Business Meeting Liquor License Application for Robert Lindauer dba Paddy Brannan's Irish Pub FROM: Barbara Christensen, City Recorder, christeb@ashland.or.us SUMMARY Approval of a Liquor License Application from Robert Lindauer dba Paddy Brannan's Irish Pub at 23 S Second Street. BACKGROUND AND POLICY IMPLICATIONS: Application is for a change in ownership. The City has determined that the license application review by the city is set forth in AMC Chapter 6.32 which requires that a determination be made to determine if the applicant complies with the city's land use, business license and restaurant registration requirements (AMC Chapter 6.32). In May 1999, the council decided it would make the above recommendations on all liquor license applications. FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: Endorse the application with the following: The city has determined that the location of this business complies with the city's land use requirements and that the applicant has a business license and has registered as a restaurant, if applicable. The city council recommends that the OLCC proceed with the processing of this application. SUGGESTED MOTION: Under Consent agenda item, a motion to approve liquor license Robert Lindauer dba Paddy Brannan's Irish Pub. ATTACHMENTS: None Page 1 of 1 ~r, CITY OF ASHLAND Council Communication June 4, 2013, Business Meeting An amendment to the Intergovernmental Agreement for a Code Assistance grant for the Unified Development Code FROM: Maria Harris, Planning Manager, harrism@ashland.or.us SUMMARY The City Council's authorization is requested to amend the Intergovernmental Agreement (IGA) with the Oregon Department of Transportation (ODOT) for Code Assistance from the Transportation and Growth Management (TGM) program for the Unified Development Code project. The amendments to the IGA are to extend the tern of the agreement, to increase the grant amount, and revise the statement of work and schedule. The City's contribution to the grant is the staff time necessary to complete the statement of work, and does not include a cash matching amount. BACKGROUND AND POLICY IMPLICATIONS: The City Council approved the IGA for the Code Assistance grant from the TGM program at the September 17, 2012 meeting. The TGM is ajoint program of ODOT and the Oregon Department of Land Conservation and Development. The TGM program objective is to better integrate transportation and land use planning, and develop new ways to manage growth in order to achieve compact pedestrian, bicycle and transit friendly development. The term of the agreement is amended from June 30, 2013 to December 31, 2013, and the grant amount from $46,500 to $53,075. The amendment document as well as the original IGA is attached. The purpose of the Unified Code project is to combine the land use ordinance and related standards into one document with improved organization, wording, formatting and graphics. The project also includes a code audit of the planning application procedure, economic development incentives and green development. The Planning Commission completed the review of the first draft of the Unified Code, as well as the audits of the planning application procedure, economic development incentives and green development. Public meetings targeting design and development professionals, past applicants in the planning process, advisory commissions and the general public are scheduled for June. The revised draft is scheduled for completion at the end of summer, with the adoption process beginning in September. Originally, the schedule identified the adoption process beginning in June 2013. However, the Planning Commission's review of the Unified Code overlapped with the Transportation System Plan (TSP) and the Normal Neighborhood Plan meetings. The TSP process was delayed and involved extra meetings each month over the course of a year for the Planning Commission. As a result, the Unified Page I of 2 1r, CITY OF ASHLAND Code project timeline was adjusted to coordinate with the TSP and Normal Neighborhood Plan activities. The increased grant funding provides additional communication time with the consultant during the development of the final draft of the Unified Code. There is also contingency task for consultation during the adoption process should the need arise. The grant is used for a consultant with land use code expertise for the code audit of the planning application procedure, economic development incentives and green development, and final draft and graphics package. FISCAL IMPLICATIONS: The Code Assistance program funds the consultant time, and the full amount of the grant is used for this purpose. The City is not required to provide a direct cash matching amount, but is required to provide staff time for the completing the tasks identified in the statement of work. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that Council approve the amendment to the IGA with ODOT for Code Assistance from the TGM program for the second phase of the Unified Development Code project. SUGGESTED MOTION: Move approval of amending the IGA between the City of Ashland and ODOT for Code Assistance for the City of Ashland Unified Development Code Phase Two. ATTACHMENTS: Amendment No. 1 to the Intergovernmental Agreement Intergovernmental Agreement Page 2 of 2 I`, Amendment No. 1 TGM Grant Agreement No. 28905 TGM File Code C1 B1-12 EA# TG12GF32 AMENDMENT NO. 1 The State of Oregon, acting by and through its Department of. Transportation, hereinafter referred to as "ODOT" or "Agency", and , hereinafter referred to as "City", entered into an intergovernmental agreement on September 25, 2012 ("Agreement"). Said Agreement covers a Transportation and Growth Management grant for Code Assistance, Ashland Unified Development Code Phase 2. It has now been determined by ODOT and City that the Agreement referenced above, although remaining in full force and effect, shall be amended to extend the agreement end date, increase the dollar amount, and include an addendum to the Statement of Work. Except as expressly amended below, all other terms and conditions of the Agreement, as previously amended, are still in full force and effect. Exhibit A, the Statement of Work, shall be amended to an addendum to the Statement of Work. Paragraph A of Section 2 (Terms of Agreement); which currently reads: "Term. This Agreement becomes effective on the date on which all parties have signed this Agreement and all approvals (if any) required to be obtained by ODOT have been received. This Agreement terminates on June 30, 2013 ("Termination Date")." Shall be amended to read: "Term. This Agreement becomes effective on the date on which all parties have signed this Agreement and all approvals (if any) required to be obtained by ODOT have been received. This Agreement terminates on December 31, 2013 ("Termination Date")." Paragraph D of Section 2 of (Terms of Agreement); which currently reads: "Consultant's Amount. The Consultant's Amount shall not exceed $46,500." 1 Amendment No. 1 TGM Grant Agreement No. 28905 TGM File Code C1 B1-12 EA# TG12GF32 Shall be amended to read: "Consultant's Amount. The Consultant's Amount shall not exceed $53,075." This Amendment may be executed in several counterparts (facsimile or otherwise) all of which when 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. IN WITNESS WHEREOF, the parties hereto have set their hands as of the day and year hereinafter written. On December 1, 2010 the Director of the Oregon Department of Transportation approved DIR-06, in which authority is delegated from the Director of the Oregon Department of Transportation to the Operations Deputy Director and Transportation Development Division Administrator, to approve agreements with local governments, other state agencies, federal governments, state governments, other countries, and tribes as described in ORS 190 developed in consultation with the Chief Procurement Officer. STATE OF OREGON, by and through Contact Names: its Department of Transportation Maria Harris By City of Ashland Division Administrator, Transportation City Hall, 20 East Main Street Development Division Ashland, OR 97520-1849 Phone: 5415522045 Fax: 541-488-5311 Date E-Mail: harrism@ashland.or.us Bill Holmstrom, Contract Administrator City of Ashland Transportation and Growth Management Program By 635 Capitol Street NE, Suite 150 Salem, OR 97301 _ ----Official's-Signature-----_._-- - - _ Phone 503-373-0050 Ext265 Fax: 503-378-5518 Date E-Mail: bill.holmstrom@state.or.us 2 Amendment No. 1 TGM Grant Agreement No. 28905 TGM File Code C1B1-12 EA# TG12GF32 Addendum 1 to Exhibit A STATEMENT OF WORK Oregon Transportation and Growth Management Program (TGM) Smart Development Code Assistance Project for the City of Ashland Ashland Unified Development Code - Phase 2 This addendum includes two revisions: 1. Revision to Section D. Work Tasks and Deliverables II Replace Section E. Lump Sum Deliverable and Work Schedule 1. Revision to Section D. Work Tasks and Deliverables Task 3 shall be deleted in its entirety and replaced with the following: Task 3: Development Code Draft #3 and Adoption. The purpose of Task 3 is to prepare a final draft of the Development Code consolidating all of the previous work including Development Code Modules 1, 2, and 3 Draft #2, Development Code Definitions, Code Graphics Package, and Evaluation Action Plan. Development Code Draft #3 must incorporate City comments from previous tasks, and must be suitable for public hearings (adoption-ready). 3.1 City shall use Development Code Modules 1, 2, and 3 Draft #2, Development Code Definitions, and Evaluation Action Plan to prepare City Comments containing one set of consolidated and reconciled comments and direction to Consultant to use in the development of Code Graphics Package and Development Code Draft #3. Consultant shall conduct up to three telephone meetings of two hours or less each with City to discuss the development of City Comments. Consultant shall prepare and distribute Meeting Notes for each telephone meeting. City shall distribute City Comments to PMT. 3.2 Consultant shall use City Comments to prepare Development Code Draft #3. Development Code Draft #3 must incorporate Development Code Modules 1, 2, and 3 Draft #2, Development Code Definitions, Code Graphics Package, and Evaluation Action Plan. Consultant shall conduct up to six telephone meetings of two hours or less each with City to discuss the development of Development Code Draft #3. Consultant shall prepare and distribute Meeting Notes for each telephone meeting. 3.3 City shall prepare for Adoption, including finalizing code amendments, legislative g g g-publication,-preparation ofordinance for- - - - findin s; le al review,-final formattin adoption, and public notices and hearings. Consultant shall meet with City by telephone to prepare for the first Planning Commission hearing on the Development Code. Consultant shall assist City by preparing sample findings, with a cover memorandum not to exceed 2 pages. 3 Amendment No. 1 TGM Grant Agreement No. 28905 TGM File Code C1B1-12 EA# TG12GF32 3.4 CONTINGENT SUBTASK: Consultant shall not begin work on this subtask without .written authorization (email acceptable) from Agency Project Manager. Consultant shall conduct up to six Supplementary Telephone Meetings of two hours or less each with City to discuss the City Comments, Development Code Draft #3, or Adoption. Consultant shall prepare and distribute Meeting Notes for each telephone meeting. Written authorization from Agency Project Manager is required for each telephone meeting. Task 3 Consultant Deliverables: 3.1 a City Comments Telephone Meetings and Meeting Notes 3.2a Development Code Draft #3 Telephone Meetings and Meeting Notes 3.2b Development Code Draft #3 3.3a Adoption Telephone Meetings and Meeting Notes 3.3b Adoption Sample Findings and Cover Memorandum 3.4 Contingent Supplementary Telephone Meetings and Meeting Notes Task 3 City Deliverables: 3.1 a City Comments Telephone Meetings , 3.1 b City Comments 3.2a Development Code Draft #3 Telephone Meetings 3.3a Adoption Telephone Meetings and Meeting, Notes 3.3c Adoption 3.4 Contingent Supplementary Telephone Meetings 4 Amendment No. 1 TGM Grant Agreement No. 28905 TGM File Code C1 131-12 EA# TG12GF32 II. Replace Section E. Lump Sum Deliverable and Work Schedule Section E is removed in its entirety and replaced with the following: LUMPSUM TASK CONSULTANT DELIVERABLES DELIVERABLE COMPLETION AMOUNT Task 1: Draft #2 Code Amendments and Graphics 1.1 PMT Meeting #1 $500 September 2012 1.2 Development Code Module 2 Draft #2 $6,500 October 2012 1.3 Development Code Module 3 Draft #2 $6,500 November 2012 1.4 Development Code Definitions $5,300 November 2012 1.5 Draft Code Graphics Package $6,200 June 2013 1.6 Code Graphics Package $2,000 July 2013 Task 2: Procedures and Green Building Code Evaluation 2.1 PMT Meeting #2 $500 December 2012 2.2 Draft Procedures Evaluation Memo $2,500 December 2012 2.3 Draft Green Building Evaluation Memo $2,700 December 2012 2.4 PMT Meeting #3 $500 January 2013 2.5 Procedures Evaluation Memo $900 February 2013 2.6 Green Building Evaluation Memo $900 March 2013 2.7 Evaluation Action Plan $1,600 April 2013 Task 3: Development Code Draft #3 and Adoption ---3.1--City Comments Telephone Meetings and Meeting Notes U to 3 meetin sat $475e6ch $1,425 July 2013- - - - 3.2a Development Code Draft #3Telephone Meetings and $2,850 September Meeting Notes U to 6 meetings at $475 each 2013 3.2b Development Code Draft #3 $8,450 3.3a Adoption Telephone Meeting and Meeting Notes $450 December 2013 5 Amendment No. 1 TGM Grant Agreement No. 28905 TGM File Code C1 B1-12 EA# TG12GF32 LUMP SUM TASK CONSULTANT DELIVERABLES DELIVERABLE COMPLETION AMOUNT 3.3b Adoption Sample Findings and Cover Memorandum $450 3.4 (Contingent) Supplementary Telephone Meetings and $2,850 As required Meeting Notes U to 6 meetings at $475 each Non-Contingent TOTAL $50,225 Contingent TOTAL $2,850 PROJECT TOTAL $53,075 6 TGM Grant Agreement No. 28905 TGM File Code CIBI-12 EA # TG12GF32 INTERGOVERNMENTAL AGREEMENT Code Assistance for the City of Ashland Unified Development Code Phase 2 THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is made and entered into by and between the STATE OF OREGON, acting by and through its Department of Transportation (".ODOT'°..or.'Agency"), and.City of Ashland.(`.`City").. RECITALS 1. The Transportation and Growth Management ("TGM") Program is ajoint program of ODOT and the Oregon Department of Land Conservation and Development. 2. The TGM Program includes a program of community assistance for local governments to assist with better integration of transportation and land use planning and development of new ways to manage growth in order to achieve compact pedestrian, bicycle, and transit friendly-urban development. 3. This TGM Project (as defined below) is financed with federal Safe, Accountable, Flexible-Efficient Transportation Equity Act: A-Legacy or Users ("SAFETEA-LU") funds. State funds that are paid under this Agreement to the Consultant (as defined below) are used as match for SAFETEA-LU funds. 4. By authority granted in ORS 190.110, state agencies may enter into agreements with units of local government or other state agencies to perform any functions and activities that the parties to the agreement or their officers or agents have the duty or authority to perform. 5. ODOT intends to enter into a PSK (as defined below) with a Consultant (as defined below) for the Project that benefits the City, and as a condition to entering into this PSK and making the Consultant's Amount available, ODOT requires the City to execute and agree to the terms of this Agreement 6. The parties desire to enter into this Agreement for their mutual benefit. i NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: SECTION 1. DEFINITIONS Unless the context requires otherwise, the following terms, when used in this Agreement, shall have the meanings assigned to them below: 1 TGM Grant Agreement No. 28905 TGM File Code C1 B) -12 EA # TG 12GF32 A. "City's Project Manager" means the individual designated by City as its project manager for the Project. B. "Consultant" means the personal services contractor(s) hired by ODOT to do the tasks indicated in Exhibit A as being the responsibility of such contractor(s). C. "Consultant's Amount" means the Amount payable by ODOT to the Consultant for the deliverables described in Exhibit A for which the Consultant is responsible. D. "Direct Project Costs" means those costs which are directly associated with the Project. These may include the salaries and benefits of personnel assigned to the Project and the cost of supplies, postage, travel, and printing. General administrative costs, capital costs, and overhead are not Direct Project Costs. Any jurisdiction or metropolitan planning organization that has federally approved indirect cost plans may treat such indirect costs as Direct Project Costs. E. "Federally Eligible Costs" means those costs which are Direct Project Costs of the type listed in Exhibit D incurred by Consultant during the term of this Agreement. F. "ODOT's Contract Administrator" means the individual designated by ODOT to be its contract administrator for this Agreement. G. "PSK" means the personal services contract(s) executed between ODOT and the Consultant related to the portion of the Project that is the responsibility of the Consultant. H. "Project" means the project described in Exhibit A. 1. "Termination Date" has the meaning set forth in Section 2.A below. J. "Work Product" has the meaning set forth in Section 4.1 below. SECTION 2. TERMS OF AGREEMENT A. Tenn. This Agreement becomes effective on the date on which all parties have signed this Agreement and all approvals (if any) required to be obtained by ODOT have been received. This Agreement terminates on June 30, 2013 ("Termination Date"). B. Consultant's Amount. The Consultant's Amount shall not exceed $46,500 and is disbursed as provided under the PSK. -2- TGM Grant Agreement No. 28905 TGM File Code C l BI-12 EA # TG12GF32 SECTION 3. CITY'S REPRESENTATIONS, WARRANTIES, AND CERTIFICATION A. City represents and warrants to MOT as follows: 1.- It-is.a.municipality..duly_organized_and_existing.under_the_laws_offthe State of Oregon. - 2. It has full legal right and authority to execute and deliver this Agreement and to observe and perform its duties, obligations, covenants and agreements hereunder and to undertake and complete the Project. 3. All official action required to be taken to authorize this Agreement has been taken, adopted and authorized in accordance with applicable state law and the organizational documents of City. 4. This Agreement has been executed and delivered by an authorized . officer( of City and constitutes the legal, valid and binding obligation of City enforceable against it in accordance with its terms. 5. The authorization, execution and delivery of this Agreement. by City, the observation and performance of its duties, obligations, covenants and agreements. hereunder, and the undertaking and completion of the Project do not and will not contravene any existing law, rule or regulation or any existing order, injunction, judgment, or-decree of any court or governmental or administrative agency, authority or person having jurisdiction over it or its property or violate or breach any provision of any agreement, instrument or indenture by which City or its property is bound. 6. The statement of work attached to this Agreement as Exhibit A has been reviewed and approved by the necessary official(s) of City. B. As federal funds are involved in this Project, City, by execution of this Agreement, makes the certifications set forth in Exhibits B and C. SECTION 4. GENERAL COVENANTS OF CITY A. City shall complete the Project; provided, 'however, that City shall not be liable for the quality or completion of that part of the Project which Exhibit A describes as the responsibility of the Consultant. -3- TGM Grant Agreement No. 28905 TGM File Code CIB1-12 EA # TG12GF32 B. City shall, in a good and workmanlike manner, perform the work, and provide the deliverables, for which City is identified in Exhibit A as being responsible. C. City shall perform such work identified in Exhibit A as City's responsibility as an independent contractor and shall be exclusively responsible for all costs and expenses related to its employment of individuals to perform such work. City shall also be responsible for providing for employment-related benefits and deductions that are required by law, including, but not limited to, federal and state income tax withholdings, unemployment taxes, workers' compensation coverage, and contributions to any retirement system. D. All employers, including City, that employ subject workers who work under this Agreement in the State of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation coverage unless such employers are exempt under ORS 656.126. Employers Liability insurance with coverage limits of not less than $500,000 must be included. City shall ensure that each of its contractors complies with these requirements. E. City shall not enter into any subcontracts to accomplish any of the work described in Exhibit A, unless it first obtains written approval from ODOT. F. City agrees to cooperate with ODOT's Contract Administrator. At the request of ODOT's Contract Administrator, City agrees to: (1) Meet with the ODOT's Contract Administrator; and (2) Form a project steering committee (which shall include ODOT's Contract Administrator) to oversee the Project. G. City shall comply with all federal, state and local laws, regulations, executive orders and ordinances applicable to the work under this Agreement, including, without limitation, applicable provisions of the Oregon Public Contracting Code. Without limiting the generality of the foregoing, City expressly agrees to comply with: (1) Title VI of Civil Rights Act of 1964; (2) Title V and Section 504 of the Rehabilitation Act of 1973; (3) the Americans with Disabilities Act of 1990 and ORS 659A.142; (4) all regulations and administrative rules established pursuant to the foregoing laws; and (5) all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. H. City shall maintain all fiscal records relating to this Agreement in accordance with generally accepted accounting principles. In addition, City shall maintain any other records pertinent to this Agreement in such .a manner as to clearly -4- TGM Grant Agreement No. 28905 TGM File Code C1B1-12 EA N TO 12GF32 document City's performance. City acknowledges and agrees that ODOT, the Oregon Secretary of State's Office and the federal government and their duly authorized representatives shall have access to such fiscal records and other books, documents, papers, plans, and writings of City that are pertinent to this Agreement to perform examinations and audits and make. copies, excerpts and transcripts. City shall retain and.keep accessible all such fiscal records, books, documents, papers, plans, and writings for a minimum of six (6) years, or such longer period as may be, required by 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. I. . To the extent it has any-rights in the Work Product granted to it pursuant to the PSK, ODOT hereby grants to City a royalty free, non-exclusive license to reproduce any Work Product for distribution upon request to members of the public. SECTION 5. CONSULTANT ODOT shall enter.into a PSK with the Consultant to accomplish the work described in Exhibit A as being the responsibility of the Consultant. A. Selection of the Consultant will be conducted by ODOT in accordance with ODOT procedures with the participation; B. ODOT will review and approve Consultant's work; billings and progress reports; C. City will.appoint a.Projeet Manager to be City's principal contact person for ODOT's Contract Administrator and the Consultant on all matters dealing with the Project. SECTION 6. ODOT'S REPRESENTATIONS AND COVENANTS A. ODOT certifies that, at the time this Agreement is executed, sufficient funds are authorized and available for expenditure to finance ODOT's portion of this Agreement within the appropriation or limitation of its current biennial budget., B. The statement of work attached to this Agreement as Exhibit A has been reviewed and approved by the necessary official(s) of ODOT. -5- TGM Grant Agreement No. 28905 TGM File Code C 1 B I -12 EA # TG 12GF32 C. ODOT will assign a Contract Administrator for this Agreement who will be ODOT's principal contact person regarding administration of this Agreement, the monitoring of the Consultant's work, and the review and approval of the Consultant's work, billings and progress reports. D. ODOT shall enter into a PSK with the Consultant to perform the work described in Exhibit A designated as being the responsibility of the Consultant, and in such a case ODOT agrees to pay the Consultant in accordance with the terms of the PSK up to the Consultant's Amount. SECTION 7. TERMINATION 'T'his Agreement may be terminated by mutual written consent of all parties. ODOT may terminate this Agreement effective upon delivery of written notice to City, or at such later date as may be established by ODOT under, but not limited to, any of the following conditions: A. City fails to complete work specified in Exhibit A within the time specified in Exhibit A, or fails to perform any of the provisions of this Agreement and does not correct any such failure within 10 days of receipt of written notice or the date specified by ODOT in such written notice. B. Consultant fails to complete work specified in Exhibit A within the time specified in this Agreement or the PSK, including any extensions thereof, and does not correct any such failure within 10 days of receipt of written notice or the date specified by ODOT in such written notice. C. If federal or state laws, regulations or guidelines are modified or interpreted in such a way that either the work under this Agreement or the PSK is prohibited or ODOT is prohibited from paying for such work from the planned funding source. D. If ODOT fails to receive funding, appropriations, limitations or other expenditure authority sufficient to allow ODOT, in the exercise of its reasonable administrative discretion, to continue to make payments for performance of this Agreement or the PSK. In the case of termination pursuant to A, B, C or D above, ODOT shall have any remedy at law or in equity. Any termination of this Agreement shall not prejudice any right or obligations accrued to the parties prior to termination. -6- TGM Grant Agreement No. 28905 TGM File Code CIB1-12 EA # TG12GF32 SECTION 8. GENERAL PROVISIONS A. Time is of the essence of this Agreement. B. Except as otherwise expressly provided in this Agreement, any notices to be given hereunder shall be given in writing by personal delivery, facsimile, or mailing the same, postage prepaid, to MOT or City at the address or number set forth on the signature page of this Agreement, or to such other addresses or numbers as either party may hereafter indicate pursuant to this Section. Any communication or notice so addressed and mailed is in effect five (5) days after the date postmarked. Any communication or notice delivered by facsimile shall be deemed to be given when receipt of the transmission is generated by the transmitting machine. To be effective against ODOT, such facsimile transmission must be confirmed by telephone notice to ODOT's Contract Administrator. Any communication or notice by personal delivery shall be deemed to be given when actually delivered. C. MOT and City are the only parties to this Agreement and are the only parties entitled to enforce the terms of this Agreement. Nothing in this Agreement gives, is intended to give, or shall be construed to give or provide any-benefit or right not held by or made generally available to the public, whether directly, indirectly or otherwise, to third persons (including but not limited to any Consultant) unless such third persons are individually identified by name herein and expressly described as intended beneficiaries of the terms of this Agreement. D. Sections 4(H), 4((), and 8 of this Agreement and any other provision which by its terms is intended to survive termination of this Agreement shall survive. E. The parties agree as follows: (a) Contribution. If any third party makes any claim or brings any action, suit or proceeding alleging a tort as now or hereafter defined in ORS 30.260 ("Third Party Claim") against ODOT or Grantee ("Notified Party") with respect to which the other party ("Other Party".) may have liability, the Notified Party must promptly notify the Other Party in writing of the Third Party Claim and deliver to the Other Party a copy of the claim, process, and all legal pleadings with respect to the Third Party Claim. Each party is entitled to participate in the defense of a Third Party Claim, and to defend a Third Party Claim with counsel of its own choosing. Receipt by the Other Party of the notice and copies required in this paragraph and meaningful opportunity for the Other Party to participate in the investigation, defense and settlement of the Third Party Claim with counsel of its own choosing are conditions precedent to the Other Party's liability with respect to the Third Party Claim. -7- TGM Grant Agreement No. 28905 TGM File Code C1B1-12 EA # TG12GF32 With respect to a Third Party Claim for which ODOT is jointly liable with the Grantee (or would be if joined in the Third Party Claim ODOT shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by the Grantee in such proportion as is appropriate to reflect the relative fault of ODOT on the one hand and of the Grantee on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of ODOT on the one hand and of the Grantee on the other hand shall be determined by reference to, among other things, the parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. The ODOT's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including but not limited to the Oregon Tort Claims Act, ORS 30.260 to 30.300, if ODOT had sole liability in the proceeding. With respect to a Third Party Claim for which the Grantee is jointly liable with ODOT (or would be if joined in the Third Party Claim), the Grantee shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by ODOT in such proportion as is appropriate to reflect the relative fault of the Grantee on the one hand and of ODOT on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of the Grantee on the one hand and of ODOT on the other hand shall be determined by reference to, among other things, the parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. The Grantee's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including but not limited to the Oregon Tort Claims Act, ORS 30.260 to 30.300, if it had sole liability in the proceeding. (b) Choice of Law; Designation of Forum; Federal Forum. (1) The laws of the State of Oregon (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to this Agreement, including, without limitation, its validity, interpretation, construction, performance, and enforcement. (2) Any party bringing a legal action or proceeding against any other party arising out of or relating to this Agreement shall bring the legal action or proceeding in the Circuit Court of the State of Oregon for Marion County (unless Oregon law requires that it be brought and conducted in another county). Each party hereby consents to the exclusive jurisdiction of such court, waives any objection to venue, and waives any claim that such forum is an inconvenient forum. (3) c) Notwithstanding Section 81 (b)(2), if a claim must be brought in a federal forum, then it must be brought and adjudicated solely and exclusively within the United States District Court for the District of Oregon. This Section 8.E(b)(3c) applies to a claim brought against the State of Oregon only to the extent Congress has appropriately abrogated the State of Oregon's sovereign immunity and is not consent by the State of -8- TGM Grant Agreement No. 28905 TGM File Code C I B I -12 EA # TG 12GF32 I. Oregon to be sued in federal court. This Section 8.E(b)(3c) is also not a waiver by the State of Oregon of any form of defense or immunity, including but not limited to sovereign immunity and immunity based on the Eleventh Amendment to the Constitution of the United States. (e) Alternative Dispute Resolution. The parties shall attempt in good faith to resolve any dispute arising out of this Agreement. This may be done at any management level, including at a level higher than persons directly responsible for administration of the Agreement. In addition, the parties may agree to j utilize ajointly selected mediator or arbitrator (for non-binding arbitration) to resolve the dispute short of litigation. F. This Agreement and attached Exhibits (which are by this reference incorporated herein) 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 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. Budget modifications and adjustments j from the work described in Exhibit A must be processed as an amendment(s) to this Agreement and the PSK. No waiver or consent shall be effective unless in writing and signed by the party against whom such waiver or consent is asserted. 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 ODOT to enforce any provision of this Agreement shall not constitute a waiver by ODOT of that or any other provision. G. This Agreement 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 Agreement so executed shall constitute an original. On December 1, 2010 the Director of the Oregon Department of Transportation approved DIR-06, in which authority is delegated from the Director of the Oregon Department of j Transportation to the Operations Deputy Director and Transportation Development Division Administrator, to approve agreements with local governments, other state agencies, federal governments, state governments, other countries, and tribes as described in ORS 190 developed in consultation with the Chief Procurement Officer. -9- i TOM Grant Agreement No. 28905 TGivt File Code CIBI-12 EA 11 TO 12G F32 City 07 y of Ashl(nod By: Official's Signature) AP OVED A317 FORM Kay y- > Lv sign ur (Printed Name and Title of Official) 4- i +I a p / Date: l ck / Date l ODOT. STATE OF OREGON, by and through its Department of Transportation By: I'4 m. 9L'_ 'c - Jerri Bohard, Division Administrator "Transportation Development Division Date: 9-zr i~ Contact Names: 40 E..11 Q' V Maria Harris City or Ashland City Hall, 20 East Main Street Ashland, OR 97520-.1849 Phone: 5415522045 Fax: 541-488-5311 E-Mail: harrism asldand.orms Bill Holmstrom, Contract Administrator Transportation and Growth. Management Program 635 Capitol Street NE, Suite 150 Salem, OR 97301 Phone: 503-373.0050 Ext 265 , Fax: 503-378-5518 E-Mail: bill.lrolmstromr@state.orms 10- i TGM Grant Agreement No. 28905 TGM File Code C I B 1-12 EA N TG12GF32 STATEMENT OF WORK Oregon Transportation and Growth Management Program (TGM) Smart Development Code Assistance Project for the City of Ashland Ashland Unified Development Code - Phase 2 A. PROJECT MANAGEMENT TEAM ("PMT") i Consultant - Siegel Planning Services Scot Siegel scot@siegelplanning.com 16067 SW Boones Ferry Road 503-699-5850 Lake Oswego, OR 97035 City of Ashland Maria Harris, Planning Manager harrism@ashland.or.us Department of Community Development 541-552-2045 20 E Main Street Ashland, OR 97520 Agency - TGM Code Assistance Program Bill Holmstrom, Project Manager bill.holmstrom@state.or.us Oregon Department of Land Conservation & Development 503-373-0050 Ext. 265 635 Capitol Street NE, Suite 150 Salem, OR 97301 ODOT Regional Planner John McDonald john.mcdonald@odot.state.or.us Oregon Department of Transportation 541-957-3688 3500 NW Stewart Parkway Roseburg, OR 97470 DLCD Regional Representative Josh LeBombard josh.lebombard@state.or.us Oregon Department of Land Conservation & Development 541-414-7932 673 Market Street Medford, OR 97504 B. PROJECT BACKGROUND AND OBJECTIVES Background The City of Ashland Land Use Ordinance (ALUO) has been incrementally amended numerous times since it was originally adopted in 1964. Each update was prepared and adopted independently. Many of these updates were part of projects to plan for compact, transportation-efficient development. Some of these projects were funded by TGM. i _ I I _ TGM Grant Agreement No. 28905 TGM File Code C 1 B 1.12 EA # TG 12GF32 There are now several documents that comprise the City's land use regulations and standards. As a result, today's collection of development regulations present obstacles to smart development as they are often confusing, difficult to navigate, repetitious, and inconsistent. The City of Ashland is undertaking a project to combine the ALUO and related development standards into a Unified Land Use Code with improved organization, wording, formatting and graphics. The focus of the project is reorganizing the existing development standards into one user-friendly document that will remove existing barriers to transportation-efficient development. The project will also include an evaluation of the planning application process and green development measures, and preparation of code amendment options in these areas consistent with TGM objectives. This project was initiated by the City of Ashland and the first phase of this work (Phase 1) was funded by the City. Phase 1 is currently being completed. The City has requested TGM Code Assistance to complete the second phase of the project. Project Objectives I . Draft an updated development code that includes all parts of the City's development standards in one consistent document to remove impediments to smart development. 2. Include updated standards to be consistent with the City's goals and TGM objectives in the areas of procedures, economic development, sustainability, and green development. 3. Engage the community in a meaningful public process in order to gain their input and use the results to edit and refine the code update. 4. Guide the resulting updated code through the Adoption process. Purpose of Contract - Transportation Relationships and Benefits The TGM Program is ajoint effort of the Oregon Department of Transportation (ODOT) and the Oregon Department of Land Conservation and Development (DLCD). The purposes of TGM are to strengthen the capability of local governments to effectively manage growth and comply with the Transportation Planning Rule, to integrate transportation and land use planning, and to encourage transportation-efficient land uses that support modal choice and the efficient performance of transportation facilities and services. This project will meet TGM objectives by removing barriers in the development code to the implementation of compact, mixed-use, transportation-efficient development patterns. The project will use work completed in previous TOM projects and ensure consistent implementation throughout the City. C. GENERAL. PROVISIONS Project Management Project management tasks are integrated into each of the tasks in this Work Order Contract (WOC), but are described here to establish a framework for managing the project. A Project Management Team (PMT), comprised of a City Project Manager, Agency Project Manager, and Consultant shall provide overall guidance for the project. PMT shall meet as specified within individual tasks to coordinate logistics of the project and to give feedback to Consultant. PMT shall meet by telephone conference; the duration of each meeting shall not exceed two hours. City shall lead Planning Commission Work Sessions and Public Hearings as described in this SOW. City shall provide all necessary public notices and.notifications. -12- TGM Grant Agreement No. 28905 TGM File Code C l B 1-12 EA q TG 12GF32 Consultant shall provide materials to PMT for review and comment at least 14 working days prior to the scheduled distribution of a.deliverable to City, unless Agency Project Manager agrees to a different length of time. Consultant shall provide meeting materials to City Project Manager for photocopying and distribution, and to Agency Contract Administrator, at least seven calendar days prior to the relevant meeting date unless agreed to differently by PMT. This statement of work describes-the responsibilities of all entities involved in this cooperative project. The work order contract (for the purposes of the quoted language below the "WOC".) with the. work order consultant ("Consultant") shall contain the following provisions in substantially the form set forth below: "Project Cooperation This statement of work describes the responsibilities of the entities involved in this cooperative Project. In this WOC, the Consultant shall only be responsible for those deliverables assigned to the Consultant. All work assigned to other entities are not Consultant's obligations under this WOC, but shall be obtained by Agency through separate intergovernmental agreements which,contain a statement of work that is the same as. or similar to this statement of work: The obligations of entities in this statement of work other than the Consultant are merely stated for informational purposes and are in no way binding, nor are the named entities parties to this WOC..Any tasks or deliverables assigned to a subcontractor shall be construed.as being the responsibility of the Consultant. Any Consultant tasks or deliverables which are contingent upon receiving information, resources, assistance, or cooperation in any way from another entity as described in this statement of work shall be subject to the following guide lines: I . At the first sign of non-cooperation, the Consultant shall provide written notice (email acceptable) to Oregon Department of Transportation (Agency) Project Manager of any deliverables that may be delayed due to lack of cooperation by other entities referenced in this statement of work. 2. Agency Project Manager shall contact the non-cooperative entity or entities to discuss the matter and attempt to correct the problem and expedite items determined to be delaying the Consultant. If Consultant has followed the notification process described in item I, and Agency finds that delinquency of any deliverable is a result of the failure of other referenced entities to provide information, resources, assistance, or cooperation, as described in this statement of work, the Consultant will not be found in breach of contract; nor shall Consultant be assessed or liable for any damages arising as a result of such delinquencies. Neither shall ODOT be responsible or liable for any damages to Consultant as the result of such non- cooperation by other entities. Agency Project. Manager will negotiate with Consultant in the best interest of the State, and may amend the delivery schedule to allow for delinquencies beyond the control of the Consultant." Consultant shall ensure that any work products produced pursuant to this WOG include the following statement: This project is partially funded by a grant from the Transportation and Growth Management (TGM Program, a joint program of the Oregon Department of Transportation and the Oregon Department of Land Conservation and Development. This TGMgrant'is financed, in part, by federal Safe, Accountable, Flexible, Efficient Transportation Eguity.Act: A Legacy for Users (SAFETEA-LU), local government, and the State of Oregon funds. 13- TGM Grant Agreement No. 28905 TGM File Code C1B1-12 EA # TG 12GF32 The contents of this document do not necessarily reflect views or policies of the State of Oregon. Key Personnel Consultant acknowledges and agrees that Agency selected Consultant, and is entering into this WOC, because of the special qualifications of Consultant's key people. In particular, Agency through this WOC is engaging the expertise, experience, judgment, and personal attention of Scot Siegel ("Key Personnel"). Consultant's Key Personnel shall not delegate performance of the management powers and responsibilities. Key Personnel is required to provide under this WOC to another (other) Consultant employee(s) without first obtaining the written consent of Agency. Further, Consultant shall not re-assign or transfer the Key Personnel to other duties or positions such that the Key Personnel is no longer available to provide Agency with Key Personnel's expertise, experience, judgment, and personal attentions, without first obtaining Agency's prior written consent to such re-assignment or transfer. In the event Consultant requests that Agency approve a re-assignment or transfer of the Key Personnel, Agency shall have the right to interview, review the qualifications of, and approve or disapprove the proposed replacement(s) for the Key Personnel. Any approved substitute or replacement for Key Personnel shall be deemed Key Personnel under this WOC. Public Involvement Approach Public involvement must allow residents and business owners an opportunity to provide input into the planning process. Consultant and City shall consider environmental justice issues, which is the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies. Fair treatment means that no group of people, including a racial, ethnic, or a socioeconomic group, should bear a disproportionate share of the negative environmental consequences resulting from industrial, municipal, and commercial operations or the execution of federal, state, local, and tribal programs and policies. Meaningful involvement means that: (1) potentially affected community residents have an appropriate opportunity to participate in decisions about a proposed activity that will affect their environment and/or health; (2) the public's contribution can influence the regulatory agency's decision; (3) the concerns of all participants involved will be considered in the decision making process; and (4) the decision makers seek out and facilitate the involvement of those potentially affected. The public involvement program must include specific steps to provide opportunities for participation by federal Title VI communities. City shall utilize the ODOT Title VI (1964 Civil Rights Act) Plan guidance to identify Title VI populations, formulate public involvement strategies, and report outreach efforts to and participation by Title VI communities. D. WORK TASKS AND DELIVERABLES Task. 1: Draft #2 Code Amendments and Graphics The purpose of Task l is to prepare Development Code Draft #2 for Planning Commission review. Phase I funded by the City included the development of an initial Development Code Draft. Draft Amendments in this draft were divided into three modules. Module 1 of Draft #2 was completed in Phase 1. 1.1 Consultant shall convene PMT Meeting #1 via teleconference. PMT will review work previously completed in Phase .1 of the project, including Development Code Module I Draft #2. PMT will review upcoming tasks. Consultant shall prepare and distribute Notes summarizing PMT Meeting #l. -14- TOM Grant Agreement No. 28905 TGM File Code C I B I -12 EA # TG 12GF32 1.2 Consultant shall produce Development Code Module 2 Draft #2 using'the results of Phase 1. Consultant shall prepare a cover memo summarizing the module, comparing existing code requirements to proposed changes and highlighting key policy issues. Consultant shall meet with City by telephone to prepare for Planning Commission review. City shall present Development Code Module 2Draft 42 to Planning Commission for review. 1:3-Consultant shall produce Developme CoZJe Nlatla el 3 Draft #2 ng-tht-resuits-ofPhase-I.-Consultaiit shall prepare a cover memo summarizing the module; comparing existing code requirements to proposed changes and highlighting key policy issues. Consultant shall meet with City by telephone to prepare for Planning Commission review. City shall present Development Code Module 3 Draft 42 to Planning Commission for review. 1.4 Consultant shall review,all definitions in the existing development code and Development Code Modules 1, 2, and 3 Draft #2 to prepare Development Code Definitions. 1.5 Consultant shall use work developed in Phase 1 and Development Code Modules 1, 2, and 3 Draft #2 to prepare Draft Code Graphics Package. Draft Code Graphics Package must include no fewer than 24 code graphics to be incorporated in an updated development code; code graphics must be a combination of Model Code graphics and up to 12 new graphics developed specifically for the City of Ashland in a consistent format with the Model Code graphics. Draft Code Graphics Package must be prepared to allow easy insertion into an update development code. Consultant shall distribute Draft Code Graphics Package to PMT for review and comment. 1.6 Consultant shall use comments received from PMT to revise Draft Code Graphics Package to prepare Code Graphics Package. Task 1 Consultant Deliverables: 1.1 PMT Meeting # 1 1.2 Development Code Module 2 Draft #2 1.3 Development Code Module 3 Draft 42 1.4 Development Code Definitions 1.5 Draft Code Graphics Package 1.6 Code Graphics Package Task 1 City Deliverables: 1.1 PMT Meeting # 1 1.2 Present Development Code Module 2 Draft #2 to Planning Commission 1.3. Present Development Code Module 3 Draft #2 to Planning Commission 1.5 Review Draft Code Graphics Package Task 2: Procedures and Green Building Code Evaluation The purpose of Task 2 is to evaluate existing code provisions for consistency with City Council Goals related to Economic Development and Sustainability (Green Building) best practices, to review code amendment options with local officials, and to prepare a detailed outline and action plan for preparing related code amendments. 2.1 Consultant shall convene PMT Meeting #2 via teleconference. PMT will review Development Code Draft #2 Modules 1, 2, and 3; Development Code Definitions; and Code Graphics Package. PMT will review upcoming tasks. Consultant shall prepare and distribute Notes summarizing PMT Meeting #2. 15- TGM Grant Agreement No. 28905 TGM File Code CI BI-12 EA # TG12GF32 2.2 Consultant shall prepare Draft Procedures Evaluation Memo evaluating Ashland's current land use procedures and recommending updates for consistency with Council Goals related to economic development. Consultant shall include sample implementing code text that would be required in an updated development code. Draft Procedures Evaluation Memo must be in summary form and not exceed 8 pages of text, excluding sample code text. Consultant shall distribute Draft Procedures Evaluation Memo to PMT for written comment. 2.3 Consultant shall prepare Draft Green Building Evaluation Memo evaluating Ashland's current Site Design and Use Standards and recommending updates for consistency' with sustainability, (green building) best practices. Draft Green Building Evaluation Memo must include sample implementing code text that would be required in an updated development code. Draft Green Building Evaluation Memo must be in summary form and not exceed 8 pages of text, excluding sample code text. Consultant shall distribute Draft Green Building Evaluation Memo to PMT for written comment. 2.4 Consultant shall convene PMT Meeting #3 via teleconference. PMT will review Draft Procedures Evaluation Memo and Draft Green Building Evaluation Memo. PMT will review upcoming tasks. Consultant shall prepare and distribute Notes summarizing PMT Meeting #3. 2.5 Consultant shall use feedback received from PMT to revise Draft Procedures Evaluation Memo to produce Evaluation Procedures Memo. Consultant shall meet with City by telephone to prepare for Planning Commission review. City shall present Procedures Evaluation Memo to Planning Commission for review. City shall summarize Planning Commission feedback and distribute to PMT. 2.6 Consultant shall use feedback received from PMT to revise Draft Green Building Evaluation Memo to produce Green Building Evaluation Memo. Consultant shall meet with City by telephone to prepare for Planning Commission review. City shall present Green Building Evaluation Memo to Planning Commission for review. City shall summarize Planning Commission feedback and distribute to PMT. 2.7 Consultant shall use Procedures Evaluation Memo, Green Building Evaluation Memo, and input received from Planning Commission to prepare Evaluation Action Plan including revised evaluation memos and an outline and action plan for related code amendments. Consultant shall include sample implementing code text that would be required in an updated development code. Consultant shall distribute Evaluation Action Plan to PMT for review. Task 2 Consultant Deliverables: 2.1 PMT Meeting #2. 2.2 Draft Procedures Evaluation Memo 2.3 Draft Green Building Evaluation Memo 2.4 PMT Meeting 43 2.5 Evaluation Procedures Memo 2.6 Green Building Evaluation Memo 2.7 Evaluation Action Plan Task 2 City Deliverables: . 2.1 PMT Meeting #2 2.2 Comment on Draft Procedures Evaluation Memo 2.3 Comment on Draft Green Building Evaluation Memo 2.4 PMT Meeting #3 2.5 Present Evaluation Procedures Memo to Planning Commission 2.6 Present Green Building Evaluation Memo to Planning Commission 2.7 Review Evaluation Action Plan -16- TGM Grant Agreement No. 28905 TGM File Code CI B.1-12 EA It TG 12G F32 Task 3: Development Code Draft #3 and Adoption The purpose of Task 3 is to prepare a final draft of the Development Code consolidating all of the previous work including Development Code Modules 1, 2, and 3 Draft.#2, Development Code Definitions, Code Graphics Package, and Evaluation Action Plan. Draft #3 must incorporate City comments from previous tasks, and must be suitable for public hearings (adoption-ready). 3.1 City shall use Development Code Modules 1, 2, and 3 Draft #2, Development Code Definitions, Code Graphics Package, and Evaluation Action Plan to prepare City Comments containing one set of consolidated and reconciled comments and direction to Consultant to use in the development of Development Code Draft #3. City shall distribute City Comments to PMT. 3.2 Consultant shall convene PMT Meeting #4 via teleconference. PMT will review work previously completed in Task 2, City Comments, and review upcoming tasks. Consultant shall prepare and distribute Notes summarizing PMT Meeting #4. 3.3 Consultant shall use City Comments and direction from PMT Meeting #4 to prepare Development Code Draft #3. Development Code'Draft 0-must incorporate Development Code Modules 1, 2 and'3 Draft #2 Development Code Definitions, Code Graphics Package, and Evaluation Action Plan. 3.4 City shall prepare for Adotition, including finalizing code amendments, legislative findings, legal review, final formatting, publication, preparation of ordinance for adoption, and public notices and hearings: Consultant,shall meet with City by telephone to.prepare for the first Planning Commission hearing on the Development Code. Consultant shall assist City by preparing sample findings, with a cover memorandum not to exceed 2 pages. Task 3 Consultant Deliverables: 3.2 PMT Meeting #4 3.3 Development Code Draft #3 3.4 Adoption Findings and Assistance Task 3"City Deliverables: 3.1 City Comments 3.2 PMT Meeting #4 3.4 Adoption -17- TGM Grant Agreement No. 28905 TG M File Code C l BI-12 EA H TG.I2GF32 E. LUMP SUM PER DELIVERABLE AND PROJECT SCHEDULE LUMP SUM PER TASK CONSULTANT DELIVERABLES DELIVERABLE COMPLETION AMOUNT Task 1: Draft #2 Code Amendments and Graphics 1.1 PMT Meeting # 1 $500 -September- 2012 1.2 Development Code Module 2 Draft #2 $6,500 October 1.3 Development Code, Module 3 Draft #2 $6,500 November 1.4 Development Code Definitions $5,300 November 1.5 Draft Code Graphics Package $6,200 November 1.6 Code Graphics Package $2,000 December Task 2: Procedures and Green Building Code Evaluation I 2.1 PMT Meeting 42 $500 December 2.2 Draft Procedures Evaluation Memo $2,560 December 2.3 Draft Green Building Evaluation Memo $2,700 December 2.4 PMT Meeting 43 $500 January 2013 2.5 Procedures Evaluation Memo $900 February 2.6 Green Building Evaluation Memo $900 March 2.7 Evaluation Action Plan $1,600 April Task 3: Development Code Draft #3 and Adoption 3.2 PMTMeeting#4 $500 April 3.3 Development Code Draft 43 $8,500 May 3.4 Adoption Findings & Assistance $900 June PROJECT TOTAL $46,500 18 - TOM Grant' Agreement No. 28905 TGM File Code C I B 1-12 EA # TG12GF32 EXHIBIT B (Local Agency or State Agency) CONTRACTOR CERTIFICATION Contractor certifies by signing this contract that Contractor has not: (a) Employed or retained for a commission, percentage, brokerage, contingency fee or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this contract, (b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the contract, or (c) paid or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant), any fee, contribution, donation or consideration of any kind for or in connection with, (if any): procuring or carrying out the contract, except as here expressly stated Contractor further acknowledges that this certificate is to be furnished to the Federal Highway Administration, and is subject to applicable State and Federal laws, both criminal and civil. AGENCY OFFICIAL CERTIFICATION (ODOT) Department official likewise certifies by signing this contract that Contractor or his/her representative has not been required directly or indirectly as. an expression of implied condition in connection with obtaining or carrying out this contract to: (a) Employ, retain or agree to employ or retain, any firm or person or (b) pay or agree to pay, to any firm,person.or organization, any fee, contribution, donation or consideration of any kind except as here expressly stated (if any): Department official further acknowledges this certificate is to be furnished to the Federal Highway Administration, and is subject to applicable State and Federal laws, both criminal and civil. EXHIBIT C Federal Provisions Oregon Department of Transportation 1. CERTIFICATION OF NONINVOLVEMENT IN ANY DEBARMENT AND SUSPENSION Contractor certifies by signing this contract that to the best of its knowledge and belief, it and its principals: 1. Are not presently debarred, suspended, proposed contract under a public.transaction; violation of for debarment, declared ineligible or voluntarily federal or state antitrust statutes or commission of excluded from covered transactions by any embezzlement, theft, forgery, bribery falsification Federal department or agency; or destruction of records, making false, statements or receiving stolen property; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil 3. Are not presently indicted for or otherwise judgment, rendered against them for commission criminally or civilly charged by a governmental of fraud or a criminal offense in connection with entity (federal, state or local) with commission of obtaining, attempting to obtain or performinga any of the offenses enumerated in paragraph public (federal, state or local) transaction or (I )(b) of this certification; and -19- TGM Grant Agreement No. 28905 TGM File Code C I B 1-12 EA # TO 12GF32 4. Have not within a three-year period preceding this 4. The Contractor shall provide immediate written application/proposal had one or more public notice to the Department to whom this proposal transactions (federal, state or local) terminated for is submitted if at any time the Contractor learns cause or default. that its certification was erroneous when submitted or has become erroneous by reason of Where the Contractor is unable to certify to any of the changed circumstances. statements in this certification, such prospective participant shall attach an explanation to this proposal. 5. The terms "covered transaction", "debarred", "suspended", "ineligible", "lower tier covered List exceptions.. For each exception noted, indicate to transaction", "participant", "person", "primary whom the exception applies, initiating agency, and dates covered transaction", "principal", and of action. If additional space is required, attach another "voluntarily excluded", as used in this clause, page with the following heading: Certification have the meanings set out in the Definitions and Exceptions continued, Contract Insert. Coverage sections of the rules implementing Executive Order 12549. You may contact the EXCEPTIONS: Department's Program Section (Tel. (503) 986- 3400) to which this proposal is being submitted Exceptions will not necessarily result in denial of award, for assistance in obtaining a copy of those but will be considered in determining Contractor regulations. responsibility. Providing false information may result in criminal prosecution or administrative sanctions. 6. The Contractor agrees by submitting this proposal that, should the proposed covered The Contractor is advised that by signing this contract, the transaction be entered into, it shall not Contractor is deemed to have signed this certification. knowingly enter into any lower tier covered transactions with a person who is debarred, 11. INSTRUCTIONS FOR CERTIFICATION suspended, declared ineligible or voluntarily REGARDING DEBARMENT, SUSPENSION, AND excluded from participation in this covered OTHER RESPONSIBILITY MATTERS-PRIMARY transaction, unless authorized by the Department COVERED TRANSACTIONS or agency entering into this transaction. L By signing this contract, the Contractor is 7. The Contractor further agrees by submitting this providing the certification set out below. proposal that it will include the Addendum to Form FH WA-1273 titled, "Appendix 2. The inability to provide the certification required B--Certification Regarding Debarment, below will not necessarily result in denial of Suspension, Ineligibility and Voluntary participation in this covered transaction. The Exclusion--Lower Tier Covered Transactions", Contractor shall explain why he or she cannot provided by the Department entering into this provide the certification set out below. This covered transaction without modification, in all explanation will be considered in connection lower tier covered transactions and in all with the Oregon Department of Transportation solicitations for lower tier covered transactions. determination to enter into this transaction. Failure to famish an explanation shall disqualify 8. A participant in a covered transaction may rely such person from participation in this upon a certification ofa prospective participant transaction. in a lower tier covered transaction that it is not debarred, suspended, ineligible or voluntarily 3. The certification in this clause is a material excluded from the covered transaction, unless it representation of fact upon which reliance was knows that the certification is erroneous. A placed when the Department determined to enter participant may decide the method and frequency into this transaction. If it is later determined that by which it determines the eligibility of its the Contractor knowingly rendered an erroneous principals. Each participant may, but is not certification, in addition to other remedies required to, check the Nonprocurement List available to the Federal Government or the published by the U. S. General Services Department may terminate this transaction for Administration. cause of default. . 9. Nothing contained in the foregoing shall be construed to require establishment of a system of -20- TGM Grant Agreement No. 28905 TGM File Code C I B1-12 EA 0 TG 12GF32 records to render in good faith the certification t ransaction", "participant", "person", "primary required by'this clause. The knowledge and covered transaction", "principal", "proposal", and information of a participant is not required to "voluntarily excluded", as used in this clause, exceed that which is normally possessed by a have the meanings set out in the Definitions and prudent person in the ordinary course of business Coverage sections of rules implementing dealings. Executive Order 12549. You may contact the person to which this proposal is submitted for I0.-EXcept_for_tr4usactions authorized under assistance in obtaining a copy of those paragraph 6 of these instructions, if a participant regulations. in a covered transaction knowingly enters into a lower tier covered transaction with a person who 5. The prospective lower tier participant agrees by is suspended, debarred, ineligible or voluntarily submitting this contract that, should the proposed excluded from participation in this transaction; in covered transaction be entered into, it shall not addition to other remedies available to the knowingly enter into any lower tier covered Federal Government or the. Department, the transaction with a person who is debarred, Department may terminate this transaction for suspended, declared ineligible or voluntarily cause or default. - excluded from participation in this covered transaction, unless authorized by the department Ill. ADDENDUM TO FORM FHWA-1273, or agency with which this transaction originated. REQUIRED CONTRACT PROVISIONS 6. The prospective lower tier participant further This certification applies to subcontractors, material agrees by submitting this contract that it will suppliers, vendors, and other lower tier participants, include this clause titled, "Certification Regarding Debarment, Suspension, Ineligibility Appendix B of 49 CFR Part 29 - and Voluntary Exclusion--Lower Tier Covered Transaction", without modification, in all lower Appendix B--Certification Regarding Debarment, tier covered transactions and in all solicitations Suspension, Ineligibility, and Voluntary for lower tier covered transactions. ,Exclusion--Lower Tier Covered Transactions 7. A participant in a covered transaction may rely Instructions for Certification upon a certification of a prospective participant in a lower tier covered transaction that it is not 1. By signing and submitting this contract, the debarred, suspended, ineligible or voluntarily prospective lower tier participant is providing the excluded from the covered transaction, unless certification set out below. it knows that the certification is erroneous. A participant may decide the method and frequency 2. The certification in this clause is a material by which it determines the eligibility of its representation of fact upon which reliance was principals. Each participant may, but is not placed when.lhis transaction was entered into. If required to, check the nonprocurement Iist.~ it is later determined that the prospective lower tier participant knowingly rendered an erroneous 8. Nothing contained in the foregoing shall be certification, in addition to other remedies construed to require establishment of a system of available to the Federal Government, the records to render in good faith the certification department or agency with which this transaction required by this clause. The knowledge and originated may pursue available. remedies, information of a participant is hot required to including suspension and/or debarment. exceed that which is normally possessed by a prudent person in the ordinary course of business 3. The prospective lower tier participant. shall dealings. provide immediate written notice to the person to which this contract is submitted if at anytime the 9. Except for transactions authorized under prospective lower tier participant learns that its paragraph 5 of these instructions, if a participant certification was erroneous when submitted or in ,a covercdtransaction knowingly enters into a has become erroneous by reason of changed lower tier covered transaction with a person who circumstances. is suspended, debarred, ineligible or voluntarily 4. The terms "covered transaction", "debarred", excluded from participation in this transaction, "suspended", "ineligible", "lower tier covered in addition'to other remedies available to the -21 - TOM Grant Agreement No. 28905 TOM File Code Cl B1-12 EA # TG12GF32 Federal Government, the department or agency - performance of such consulting services on work with which this transaction originated may similar to that hereunder. Department shall be pursue available remedies, including suspension entitled to rely on the accuracy, competence, and and/or debarment. completeness of Contractor's services. Certification Regarding Debarment, Suspension, V. NONDISCRIMINATION Ineligibility, and Voluntary Exclusion--Lower Tier Covered Transactions During the performance of this contract, Contractor, for himself, his assignees and successors in interest, a. The prospective lower tier participant hereinafter referred to as Contractor, agrees as certifies, by submission of this proposal, that follows: neither it nor its principals is presently debarred, suspended, proposed for 1. Compliance with Regulations. Contractor agrees debarment, declared ineligible or voluntarily to comply with Title VI of the Civil Rights Act excluded from participation in this of 1964, and Section 162(a) of the Federal-Aid transaction by any Federal department or Highway Act of 1973 and the Civil Rights agency. Restoration Act of 1987. Contractor shall comply with the regulations of the Department b. Where the prospective lower tier participant of Transportation relative to nondiscrimination is unable to certify to any of the statements in Federally assisted programs of the Department in this certification, such prospective of Transportation, Title 49, Code of Federal participant shall attach an explanation to this Regulations, Part 21, as they may be amended proposal. from time to time (hereinafter referred to as the - Regulations), which are incorporated by IV. EMPLOYMENT reference and made a part of this contract. Contractor, with regard to the work performed I . Contractor warrants that he has not employed or after award and prior to completion of the retained any company or person, other than a contract work, shall.not discriminate on grounds bona fide employee working solely for of race, creed, color, sex or national origin in the Contractor, to solicit or secure this contract and selection and retention of subcontractors, that he has not paid or agreed to pay any including procurement of materials and leases of company or person, other than a bona fide equipment. Contractor shall not participate employee working solely for Contractors, any either directly or indirectly in the discrimination fee, commission, percentage, brokerage fee, gills prohibited by Section 21.5 of the Regulations, or any other consideration contingent upon or including employment practices, when the resulting from the award or making of this contract covers a program set forth in contract. For breach or violation of this Appendix B of the Regulations. warranting, Department shall have the right to annul this contract without liability or in its 2. Solicitation for Subcontractors, including discretion to deduct from the contract price or Procurement of Materials and Equipment. In all consideration or otherwise recover, the full solicitations, either by competitive bidding or amount of such fee, commission, percentage, negotiations made by Contractor for work to be brokerage fee, gift or contingent fee. performed under a subcontract, including procurement of materials and equipment, each 2. Contractor shall not engage, on afull or part-time potential subcontractor or supplier shall be basis or other basis, during the period of the notified by Contractor of Contractor's obligations contract, any professional or technical personnel under this contract and regulations relative to who are or have been at any time during the nondiscrimination on the grounds of race, creed, period of this contract, in the employ of color, sex or national origin. Department, except regularly retired employees, without written consent of the public employer 3. Nondiscrimination in Employment (Title VII of of such person. the 1964 Civil Rights Act). During the performance of this contract, Contractor agrees 3. Contractor agrees to perform consulting services as follows: with that standard of care, skill and diligence normally provided by a professional in the 22- TGM Grant Agreement No. 28905 TGM File Code C l B 1-12 EA # TG 12GF32 a. Contractor will not discriminate against any equipment, unless exempt from Regulations, employee or applicant for employment orders or instructions issued pursuant thereto. because of race, creed, color, sex or national Contractor shall take such action with respect to origin. Contractor will take affirmative any subcontractor or procurement as Department action to ensure that. applicants are. or FH WA may direct as a means of enforcing employed, and that employees are treated such provisions, including sanctions for daring employment, without regard to their noncompliance; provided, however, that in the race, creed, color, sex or national origin. event Contractor becomes involved in or is Such action shall include, but not be limited threatened with litigation with a subcontractor or to the following: employment, upgrading, supplier as a result of such direction, Department demotion or transfer; recruitment or may, at its option, enter into such litigation to recruitment advertising; layoff or protect the interests of Department, and, in termination; rates of pay or other forms of addition, Contractor may request Department to compensation; and selection for training, enter into such litigation to protect the interests including apprenticeship. Contractor agrees of the State of Oregon. to post in conspicuous places, available to employees and applicants for employment, VI. DISADVANTAGED BUSINESS ENTERPRISE notice setting forth the provisions of this (DBE) POLICY nondiscrimination clause. In accordance with Title 49, Code of Federal b. Contractor will, in all solicitations or Regulations, Part 26, Contractor shall agree to abide advertisements for employees placed by or by and take all necessary and reasonable steps to on behalf of Contractor, state that all comply with the following statement: qualified applicants will receive consideration for employment without DBE POLICY STATEMENT regard to race, creed, color, sex or national origin. DBE Policy. It is the policy of the United States Department of Transportation (USDOT) to practice 4. Information and Reports. Contractor will nondiscrimination on the basis of race, color, sex provide all information and reports required by and/or national origin in the award and the Regulations or orders and instructions issued administration of USDOT assist contracts. pursuant thereto, and will permit access to his Consequently, the DBE requirements of 49 CFR 26 books,. records, accounts, other sources of apply to this contract. information;, and his facilities as may be determined by Department or FH WA as Required Statement For USDOT Financial appropriate; and shall set forth what efforts he Assistance Agreement. If as a condition of has made to obtain the information. assistance the Agency has submitted and the US Department of Transportation has approved a 5. Sanctions for Noncompliance. In the event of Disadvantaged Business Enterprise Affirmative Contractor's noncompliance with the Action Program which the Agency agrees to carry nondiscrimination provisions of the contract, out, this affirmative action program is incorporated Department shall impose such agreement into the financial assistance agreement by reference. sanctions as it or the FHWA may determine to be appropriate, including, but.not limited to: DBE Obligations. The Oregon Department of Transportation.(ODOT) and its contractor agree to a. Withholding of payments to Contractor under ensure that Disadvantaged Business Enterprises as the agreement until Contractor complies; defined in 49 CFR 26 have the opportunity to and/or participate in the performance of contracts and subcontracts financed in whole or in part with b. Cancellation, termination or suspension of the Federal funds. In this regard, Contractor shall take, agreement in whole or in part. all necessary and reasonable steps in accordance with 49 CFR 26 to ensure that Disadvantaged 6. Incorporation of Provisions. Contractor will Business Enterprises have the opportunity to include the provisions of paragraphs I through 6 compete for and perform contracts. Neither ODOT of this section in every subcontract, including nor its contractors shall discriminate on the basis of procurement of materials and leases of race, color, national origin or sex in the award and -23- TGM Grant Agreement No. 28905 TGM File Code C I B I-12 EA 4 TG 12GF32 performance of federally-assisted contracts. The VII. LOBBYING contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of - The Contractor certifies, by signing this agreement such contracts. Failure by the contractor to carry out to the best of his or her knowledge and belief, that: these requirements is a material breach of this contract, which may result in the termination of this 1. No Federal appropriated funds have been paid or contract or such other remedy as ODOT deems will be paid, by or on behalf of the undersigned, appropriate. to any person for influencing or attempting to influence an officer or employee of any Federal The DBE Policy Statement and Obligations shall be agency, a Member of Congress, an officer or included in all subcontracts entered into under this employee of Congress or an employee of a contract. Member of Congress in connection with the awarding of any Federal contract, the making of Records and Reports. Contractor shall provide any Federal grant, the making of any Federal monthly documentation to Department that it is loan, the entering into of any cooperative , subcontracting with or purchasing materials from agreement, and the extension, continuation, the DBEs identified to meet contract goals. renewal, amendment or modification of any Contractor shall notify Department and obtain its Federal contract, grant, loan or cooperative written approval before replacing a DBE or making agreement. _ any change in the DBE participation listed. If a - DBE is unable to fulfill the original obligation to the 2. If any funds other than Federal appropriated contract, Contractor must demonstrate to funds have been paid or will be paid to any Department the Affirmative Action steps taken to person for influencing or attempting to influence replace the DBE with another DBE. Failure to do so an officer or employee of any Federal agency, a will result in withholding payment on those items. Member of Congress, an officer or employee of The monthly documentation will not be required Congress or an employee ofa Member of after the DBE goal commitment is satisfactory to Congress in connection with this agreement, the Department. undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Any DBE participation attained after the DBE goal Lobbying", in accordance with its instructions. has been satisfied should be reported to the Departments. - This certification is a material representation of fact upon which reliance was placed when this DBE Definition. Only firms DBE certified transaction was made or entered into. Submission of by the State of Oregon, Department of Consumer this certification is a prerequisite for making or & Business Services, Office of Minority, Women entering into this transaction imposed by Section & Emerging Small Business, may be utilized to 1352, Title 31, U. S. Code. Any person who fails to satisfy this obligation. file the required certification shall be subject to a civil penalty of not less than $10,000 and not more CONTRACTOR'S DBE CONTRACT GOAL than $100,000 for each such failure. DBE COAL 0 % The Contractor also agrees by signing this agreement that he or she shall require that the language of this By signing this contract, Contractor assures that certification be included in all lower tier good faith efforts have been made to meet the goal subagreements, which exceed $100,000 and that all for the DBE participation specified in the Request such subrecipients shall certify and disclose for Proposal/Qualification for this project as accordingly. required by ORS 200.045, and 49 CFR 26.53 and 49 CFR, Part 26, Appendix A. FOR INQUIRY CONCERNING ODOT'S DBE PROGRAM REQUIREMENT CONTACT OFFICE OF CIVIL RIGHTS AT (503)986-4354. -24- CITY OF ASHLAND Council Communication June 4, 2013, Business Meeting A Resolution Establishing Rates for the Ashland Municipal Airport and Repealing Resolution 2012-18 FROM: Scott A. Fleury, Engineering Services Manager, Engineering Department, fleurys@ashland.or.us SUMMARY One of the Airport Commission's goals is to generate sufficient revenues through Airport fees and rates to operate the Airport with minimal or no general fund subsidies. To that end, the Airport Commission is recommending the adoption of a resolution that increases various hangar, ground lease, tie-down, freight, and fuel flowage rates. BACKGROUND AND POLICY IMPLICATIONS: The Ashland Municipal Airport, established in 1965, is a City-owned facility consisting of 56 hangars and 120 airplane tie-down spaces. The Airport currently supports approximately 86 aircraft. In addition, the Airport provides fueling; aircraft maintenance and repair facilities operated by Skinner Aviation, the sole fixed base operator (FBO). Airport revenue is generated from hangar rentals, ground leases, fuel flowage fees, tariffs from freight operations, nightly and monthly tie-downs and Specialized Aviation Service Operator (SASO) agreements. Currently SASO agreements are in place for three companies that perform different commercial operations at the Airport. The FBO is responsible for collecting and monitoring these fees and has been performing this duty since 1993 (on contract with the City). The City rents 32 hangars on a month-month basis and has ground lease agreements with an additional 14 individuals. Revenue from the hangar rentals and leases provide a monthly stream of income, while the income from tie- downs and fuel flowage is cyclical and fluctuates during the tourist season. Each spring, the Airport Commission evaluates the existing rates and makes a recommendation to the City Council to adjust fees as needed. The current rate policy structure includes rates for the following: • aircraft tie-downs • City owned T-hangars without doors • City owned T-hangars with doors • City owned Box hangars with doors and amenities • privately built and owned hangars with a ground lease • privately built hangars that are deeded to the City with a ground lease The City offers two options for hangar construction and ground leasing at the Ashland Airport. One is to build a hangar and keep ownership of the hangar while leasing the ground from the City. The second Page I of 2 Ir, CITY OF ASHLAND option is to construct a hangar and deed it to the City and lease the ground for a specified term, typically 20-25 years. The ground lease rates for these options differ by over 50%. In order to develop the 2013 (FY14) pricing policy, City staff presented the January 2013 CPI-U to the Commission and asked for an open discussion regarding any rate changes. The January CPI-U adjusts ground leases automatically and gives the Commission a baseline number to look at with regards to rental rate increases. The Commission motioned to adjust all rental rates with an increase of five dollars a month and increase the monthly tie-down fees by one dollar a month. Motion to recommend rate increase passed unanimously. FISCAL IMPLICATIONS: By approving the recommended airport rate resolution the Airport will generate revenue to maintain self-sufficiency within its appropriated yearly budget. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that the City Council approve the resolution titled, "Resolution Establishing Rates for the Ashland Municipal Airport, and repealing Resolution 2012-18." SUGGESTED MOTION: Move to approve the "Resolution Establishing Rates for the Ashland Municipal Airport, and Repealing Resolution 2012-18." ATTACHMENTS: 1. Draft Resolution 2. Rate Sheet FY 2014 (attachment to the resolution) 3. Airport Commission minutes; March 5, 2013 Page 2 of 2 RESOLUTION NO. 2013- A RESOLUTION ESTABLISHING RATES FOR THE ASHLAND MUNICIPAL AIRPORT, AND REPEALING RESOLUTION 2012-18 RECITALS: A. The Airport Commission reviewed established airport rates and recommended increasing current airport rates. B. The City has determined it is necessary to increase user rates for aircraft hangar rentals, hangar ground leases, freight charges and aircraft tie downs. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Effective July 1, 2013, unless otherwise provided by an agreement or lease, the rates shown on "Exhibit A" are established for facilities at the Ashland Municipal Airport. SECTION 2. Classification of the fees specified in Section 1 of this resolution are classified as not subject to the limits of Section I IB of Article XI of the Oregon Constitution (Ballot Measure 5). SECTION 3. Resolution No. 12-18 is repealed on the effective date of this Resolution. SECTION 4. This resolution was duly PASSED and ADOPTED this day of , 2013, and takes effect upon signing by the Mayor. This resolution was duly PASSED and ADOPTED this day of , 2013, and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this day of 12013. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Resolution No. 2013- Page I of l C ~ W W N O O d ~ C C LL LL d O O J J w a o 0 C c m m O O O O o6 >1 >1 J Oo 00 Z x C LO O L 0 n H N N _ H OON N Z oFF- 00 L'7 z to ~ C14 C,4 2 Z 2 W fo~ LO r 69 F- Z 00 J J W (O N o I- H Q J I Ln 2 LL LL 2E Q f0 fl CF) Z ~dO o U w CO C R N d O O O O m o n 00- N fA EA W a CL m W U N w ~ y Cl) M J t N - U Y Ho Qv O ym LLr o w Y W) N N ` r R' X m U) 00 'a d 3 w w N 7 Q N c Q ~ a > z 3 0 O H Q< O ° U) (D J o LL lip m x N U N Q ~d w Q r } ] m Z C 7. d' J m N W Q 0? M On w mN a a x z a O O F- 0 - Q d LL } co a o w CL LLI x c y F W ? c E z o z dd._ w w OW ~cu LL F Q y O z m m o a` w It Q a W° Ua o z (f) U) z ~ 3 z 3 U p w w W 3 o in O o cF D0011 z zo w t W ODOZ= T n& O 00 U d CL 0 w F Q(n c 0 0 W_ w w W z W 2 0 0 m W Q Q a 0 c w U) 0) U) wQ z ~KW~(.7 y... ~v } 2 J J J J <<<CLZ ca 0 0 0 O 0 CD CD UO E) CL E a) w a: CO o 200 m Z z z z H z Z Z U 2 c O H I]f 7 > 7 Q Y ¢QQDX 0) OL m.. Z W O O O> F- m m m w 0£ tF m a) 0> X X M ~ U HL4FLI Om2 2 0 0 0 0 m Q o0 U m 3 `m T O. m CD N O W U) m a O J O O m 0) C) C C) m O CL C = OO cu O Q O O cu Cl) O d 00 O O C m O. l0 t m CO O Vi > O N L m 0 N w N 7 N 3 O N w C C N co ` C O J co O - m cc E J N F- N Z O ] O N w m O C >1 r (p N C7 'o O- N O a) E N m U m N C O m m m m ca aL~ C~ O C O V N 3 y L N O C Q m j a 0 C wiu3 YU c me ~m W i OaZiw W vE ac EU E~N o w a) mo E ~'cu m° LL - m ya - n ` U) = fn C14 E o -O c cr, ENO ~E'j SEAN a NN m " a pa ZcoE H 3a ¢ m~ CL m N O O O O.O 9 E CL H d ym 4 `o N o Q a m - o o a m a c 3 0 OBE ama Qom c c` n c04 O a n~ .o o o ~ = co E o Ey Z W ° a _ m o c U E O O > o o m E U) O 00 a m` E Oo C W m win O m co m o.- F O N O_ N L C o 6. C Z m m > LL O 6 I m O L O w w y W N d O 1-- ~Oy 0C) C) 0 O N m LL L) z LL O. N a O O W O O F U N O m 3 Q N m U~° 0 a N N fH<A w N N co N C D O m CY. > d U N Q m IN0 w 2 o M W O y m N N o a W `m J J m N W N ~ N m C C m g s m` J LL 0 N W Cu o U N> Fa U m'm _ 0 m d t N O m o 0 QFC9 fn f- N ~m LL o `m Uj a J z L m Q < U 2 3 U ASHLAND AIRPORT COMMISSION March 5, 2013 MINUTES MEMBERS PRESENT: DAVID WOLSKE, BOB SKINNER, JEFF NIELSEN, SUSAN MOEN, LINCOLN ZEVE, ELIZABETH TRIPP, RICHARD HENDRICKSON, WILLIAM SKILLMAN, NICOLE DORAN STAFF: SCOTT FLEURY & BRENDA BARKER MEMBERS ABSENT: ALAN DEBOER & DENNIS SLATTERY Visitors: None CALL TO ORDER: 9:31 AM 1. APPROVAL OF MINUTES: February 5, 2013, motion by Skillman for approval, second by Hendrickson, minutes approved as written. Additional Items: Fleury introduces Brenda Barker who will assist in minute preparation and other assorted airport administrative items for the City. 2. Public Forum: No public discussion. 3. OLD BUSINESS: A. Tree Trimming: Staff informs Commission that all trees have been topped and there is a small amount of brush that needs to be removed from site. Commission asks about two trees previously identified by the FAA at the north end of runway 30 that encroach into the approach slope. Staff states that the PAPI survey that was done and approved by the FAA for the runway rehabilitation project showed one branch of one tree encroaching into the approach slope. Staff also believes the tree might not be on City property, but on the property of the vineyard. Staff will need to review PAPI survey and determine exact location of tree. Commission would like staff to determine location of tree and if on vineyard property, contact owner about trimming/removal of tree. B. FBO RFP/Lease: Staff informs Commission that the final document in whole is being prepared to send to Legal for final review and approval before releasing for public response. The RFP will be posted for one month in order for proposers to have adequate time to respond. Once the RFP closes it will take staff approximately two weeks to grade the responses and select the FBO. The new FBO lease will then go before City Council for final approval. Commission was interested to know if local preference could be given as part of the process. Staff states that the purchasing code does have language in it allowing for local preference. C. AIP Projects: Staff informs Commission that the City has received tentative approval for the perimeter fencing and taxilane extension project. Based on the engineering that was done for the runway rehabilitation project, the City could directly award Reid Middleton a contract for the engineering design of the taxilane and security fencing, but staff has not decided how to proceed at this point. The engineering will include environmental, engineering and construction documents for the taxilane project. Staff informs Commission that internal monies will be required for the infrastructure improvements, water, sewer, storm drain, electric etc. and is not part of the AIP grant. This money will need to be accounted for in the airport operating budget. Staff informs Commission C:\Documents and Settings\harshmab\Local Settings\Temporary Internet Files\Content.Outlook\128M4KLM\060413 March 5 2013 1 Atchl.doc the maintenance hangar door and hangar enclosure project will go before the City Administrator Thursday for add packages into the budget. If approved the money will be available for the projects beginning July 1, 2013. Commission voices concern over amount of time it could take to complete maintenance hangar door project and possible safety and security issues if the maintenance hangar is without a door for an extended period of time. Commission would like staff to investigate the possibility of having onsite security during the time when the door is down or installation of additional security cameras to monitor the area. Staff to work with Skinner as this project gets closer on security related issues. 4. NEW BUSINESS: A. Good Neighbor Policy: Skinner reports no new issues regarding complaints or onsite operations. Brim Aviation has been using the approach and departure pattern as recommended by the Airport Commission and City. Wolske states the Fire Departments container is still onsite and inquires into when it could be moved. Staff will check with Fire to determine and if it needs to stay longer, maybe it could be moved to the future site of the power pole storage area. B. Airport Hangar Rates: Staff provides Commission with the FY 13 approved rate sheet and asks Commission to discuss rate increases for the fiscal year 2014. The rates that can be recommended for increases to the City Council for approval include hangar rentals and tie down fees. The ground leases are adjusted automatically through the CPI-U. The January 2013 CPI-U was 1.59%. Staff also reminds Commission they have not adjusted the open hangar rental rate in two years due to the issues with renting them consistently. Skinner would like to see the Commission recommend rates that justify the value for renting a hangar in Ashland and not become overly greedy. Neilsen asks staff if more work is required to maintain the hangars as they age? Staff states that over the past couple of years maintenance has increased with work being performed specifically on doors. Skillman is hesitant to adjust the rates upward due to the current economic situation. Staff informs Commission that even with the economic climate as it is, there is still a waiting list, specifically for closed hangars. Skinner also agrees that general aviation in general has been hit hard by the economy along with fuel sales being 50% of what they have been in the past. Skinner still would like to see a nominal increase to the rates. Staff informs Commission the maintenance portion of the airport budget has been increased by 2% to account for additional costs associated with the airport upkeep. Staff also states that the freight tariff is adjusted to match Medford's on a yearly basis. Motion by Moen to increase rentals rates for each category byfive dollars except contemporary T- hangars would increase from $277 to $280 and the monthly tie downs would increase by one dollar. Commission discusses motion and would like to amend motion that all rental categories increase by five dollars. Amended motion 2nd by Zeve, all approved. Staff will take recommended rate increases to the Council for approval via resolution at a future meeting. C. Future Agenda Items: Staff asks Commission about future agenda topics and if there is anything specific they would like to discuss at a future meeting? Commission would like to discuss putting together airport day again. This in the past has been handled by Brim Aviation with the assistance of other airport users and businesses. Commission is concerned with liability to the City if the event is put on by the City itself. Commission in general believes that the users group and onsite businesses should put together the event. Wolske would like to discuss marketing the airport to the community in a positive light. Zeve agrees that we should be proactive when it comes to marketing the airport and we should look at giving tours to people or school classes in order to get people interested in general aviation. Staff to add these items to future agendas. D. April Meeting Date: Fleury informs Commission that he will be on vacation for the next scheduled meeting date in April and would like to see about moving the meeting one week to the following C:\Documents and Settings\harshmab\Local Settings\Temporary Internet Files\Content.Outlook\128M4KLM\060413 March 5 2013 2 Atchl.doc Tuesday. Commission is agreeable to having the next meeting April 9, 2013. Staff to update City calendar with new meeting time. 5. AIRPORT MANAGER REPORT/FBO REPORT/AIRPORT ASSOCIATION: A. Status of Airport, Financial Report, Review of Safety Reports: Activity is consistent with the weather for this time of year. Skinner also states that the Matzger's are selling their hangar and the City should have first right of refusal on the purchase. Staff to review original lease documents and determine if the City has first right of refusal. If they City has the funds to purchase the hangar it could be converted from a ground lease to a month to month rental which would create a nice revenue increase. B. Maintenance Updates: Skinner states that repair of the Nash hangar door is on hold until the weather warms up. Also American Industrial Door will install a new hydraulic dampener at the JLC entrance door. C. Brown Bag: Moen has no significant update from the previous meeting. D. Transportation Commission: No update relevant to airport issues. E. Medford Airport Update: No update. F. Action Item List: No change. Commission would like to see the calendar breakdown for a few months in a row in the packet. This will give everyone a future heads up for any significant issues. OTHER: The meeting of the JC airport commission is the third Monday of the month at 12:00 PM. NEXT MEETING DATE: April 9,9:30 AM ADJOURN: Meeting adjourned at 11:06 C:\Documents and Settings\harshmab\Local Settings\Temporary Internet FileskConlent.Outlook\128M4KLM\060413 March 5 2013 3 Atchl.doc CITY OF ASHLAND Council Communication June 4, 2013, Business Meeting Public Hearing and Adoption of the 2013-15 Biennial Budget, including First Reading of an Ordinance Levying Taxes for the Period of July 1, 2013, to and including June 30, 2014 FROM: Lee Tuneberg, Finance Director, Administrative Services Department tuneberl@ashland.or.us SUMMARY Oregon budget law requires the City Council to hold a public hearing prior to adopting the budget for the City of Ashland (including the Ashland Parks & Recreation Commission) for Biennium 2013- 2015. After the public hearing, Council will take action to adopt the budget, make appropriations, certify it qualifies for and elects to receive state revenue sharing; and levy property taxes by ordinance. BACKGROUND AND POLICY IMPLICATIONS: Oregon law identifies the process by which public agencies develop, approve and adopt a budget. The process uses a Citizen Budget Committee and open meetings to review the Proposed Budget and to gain approval. The Budget Committee met four times and two grant subcommittees met two nights this spring to review the Proposed Budget and allocations for the biennial budget covering 2013-2015. On May 22, 2013, the Budget Committee approved the budget. The Council must take the actions listed under "Suggested Motions" to adopt the biennium 2013-2015 budget. This is the first biennial budget ever produced by the City. It provides appropriations and expenditure authority for a two-year period. However, the Council must elect to levy taxes annually, although it cannot levy an amount great than what has been approved by the Budget Committee in either year of the biennium without going through a prescribed public process. This is also the first budget in memory that does not record Parks and Recreation Fund revenue as "property tax." Instead, this budget records all general property tax collections in the General Fund and shows the Parks Fund's primary revenue source as a payment from the General Fund. Also noteworthy in this approved budget are the following: 1. The budget includes $175,000 in each year of the biennium for the Ashland Forest Resiliency project. This is shown in the Water Fund. A revenue stream has not been identified to offset the expense so a reduction in fund balance is reflected. 2. The General Fund transfers to the Debt Service Fund are reduced by $956,176. Instead, revenue from voter-approved tax levies are directly deposited in the Debt Service fund as revised by staff. 3. Certain Public Works program and project work funded in FY 2012-2013 will not be completed as projected due to extenuating circumstances, such as poor weather which has delayed construction. Such delays, in effect, reduce expenditures this year, increasing the Page I of 3 Ir, CITY OF ASHLAND corresponding carry forward into next year. As such, the budget proposed for adoption recognizes a larger beginning fund balance for the biennium and an increase in 2013-2015 appropriations (re-budgeting for the incomplete work). This has no net impact between the two budget periods. The attached memo supports: a. $716,573 (net) in Street programs for improvements b. $20,000 in Storm Drain programs for improvements c. $411,500 in Water Fund programs for improvements d. $584,605 in Wastewater Fund programs for improvements Other changes may come forward from public input during the hearing and changes accepted by Council should be addressed in the final budget adoption. The resolution to establish appropriations has been constructed to reflect the action taken by the Budget Committee on May 22, 2013. Staff will be prepared to address changes at the hearing. Oregon budget law allows the elected body to increase expenditures by $5,000 ($10,000 for a biennium) or 10% (whichever is greater) of any fund without further review and approval by the Committee. Council cannot increase the tax rate without republishing the amended budget and a second hearing before July 1. Total changes to a fund beyond 10% also would require re-publishing the amended budget and holding another public hearing prior to July 1. A summary memo is provided that identifies changes made to the proposed budget to create the approved budget. Council certifies that the City qualifies for subventions (revenues shared by the state) by resolution each year. Additionally, Council annually adopts a resolution electing to receive an apportionment of the Oregon Department of Administrative Services General Fund revenues derived from taxes imposed as part of state revenue sharing. These are both necessary steps in the 2013-2015 budget process. The operating property tax rate is calculated to remain unchanged at $4.1972 for a total of $10,519,347 from the permanent rate for the General Fund. The local option levy that is included for the Library has Committee approval of $0.1921. This levy will generate $432,000 before discounts. Included as well is voter-approved, tax supported debt of $299,970 to pay for 2005 bonded debt and $216,527 for the 2011 bonded debt for Fire Station #2 levy. The ordinance authorizing the tax levy rate is consistent with the Budget Committee's approved tax rates and amounts for the first year (2013-2014) of the biennium. Taxes for the second year (2014-2015) of the biennium will be considered by Council in the spring of 2014. Council may defer adoption of the resolution setting appropriations to the next meeting to allow additional input from the public if deemed appropriate but first reading of the property tax ordinance is needed to facilitate second reading on June 181h. FISCAL IMPLICATIONS: The Biennium 2013-15 is the City's fiscal plan for the coming two-year period. The total budget is $202,124,365 and is up 1.8% over the prior two-year period. Without an adopted budget, the City has no expenditure authority Page 2 of 3 PEr, CITY OF ASHLAND STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of the accompanying four Resolutions and the reading by title only of the Ordinance. SUGGESTED MOTIONS: I move to approve a resolution titled, "Resolution Adopting the 2013-2015 Biennial Budget and Making Appropriations," And I move to approve a resolution titled, "Resolution Certifying City Provides Sufficient Municipal Services to Qualify for State Subventions," And I move to approve a resolution titled, "A Resolution Declaring the City's Election to Receive State Revenues," And I move to approve first reading by title only of an ordinance titled, "An Ordinance Levying Taxes for the Period of July 1, 2013 to and including June 30, 2014, Such Taxes in the Sum of $10,519,347 Upon All the Real and Personal Property Subject to Assessment and Levy Within the Corporate Limits of the City of Ashland, Jackson County, Oregon" and move the ordinance on to second reading. ATTACHMENTS: 1) Resolution adopting budget and making appropriations 2) Summary tables incorporated in Notice of Public Hearing to adopt the budget 3) Resolution certifying City qualifies for State Subventions 4) Resolution declaring City elects to receive State revenue 5) Certification of election to receive State Revenue 6) Ordinance to levy property taxes 7) Memo to Mayor and Council from Budget Officer 8) Biennium 2013-2015 Summary of Changes - Resources 9) Biennium 2013-2015 Summary of Changes - Requirements 10) Public Works memo on capital projects adjustments Page 3 of 3 ~r, Last Year This Year Next Year TOTAL OF ALL FUNDS Actual 2011-2012 Adopted 2012-2013 Biennial Approved 2013-2015 FINANCIAL SUMMARY - RESOURCES Beginning Fund BalanceMet Working Capital $ 23,622,354 $ 24,873,472 $ 28,265,776 Fees, Licenses, Permits, Fines, Assessments & Other Service Charges 31,076,016 32,513,972 64,451,609 Federal, Slate & all Other Grants, Gifts, Allocations & Donations 3,450,632 8,433,178 10,108,357 Revenue from Bonds & Other Debt 3,060,434 8,336,930 9,495,500 Interfund Transfers/Internal Service Reimbursements 10,693,800 8,488,917 45,967,344 All Other Resources Except Property Taxes 11,028,281 10,488,577 21,672,967 Property Taxes Estimated to be Received 9,758,876 10,083,098 21,386,310 Total Resources $ 92,690,393 $ 103,218,144 $ 201,347,863 FINANCIAL SUMMARY - REQUIREMENTS BY OBJECT CLASSIFICATION Personal Services $ 23,697,543 $ 26,158,408 $ 55,473,254 Materials and Services 29,036,630 34,236,111 82,082,898 Capital Outlay 5,359,064 18,350,085 28,885,070 Debt Service 4,576,034 4,513,787 9,892,574 Transfers 203,105 406,635 2,738,500 Other Financing Uses (Intedund Loan) 408,000 408,000 1,949,000 Contingencies - 2,060,000 4,542,000 Unappropriated Ending Fund Balance 29,410,017 17,085,118 15,784,567 Total Requirements $ 92,690,393 $ 103,218,144 $ 201,347,863 FINANCIAL SUMMARY - REQUIREMENTS AND FULL-TIME EQUIVALENT EMPLOYEES (FTE) BY ORGANIZATIONAL UNIT NAME: Administration Department $ 2,102,339 $ 2,577,362 $ 7,367,471 FTE: 12.15 13.15 15.15 NAME: Information Technology Department $ 2,952,668 $ 3,184,835 $ 6,800,971 FTE: 15.50 14.50 14.50 NAME: Adminsitrative Services Department $ 3,767,642 $ 5,767,149 $ 29,312,119 FTE: 16.25 16.25 16.25 NAME: City Recorder $ 319,864 $ 324,681 $ 708,330 FTE: 2.00 2.00 2.00 NAME: Police Department $ 5,645,100 $ 5,794,103 $ 12,391,656 FTE: 36.30 36.30 36.75 NAME: Fire & Rescue Department $ 5,929,825 $ 9,680,564 $ 13,590,749 FTE: 34.75 34,75 34.00 NAME: Public Works Department $ 19,092,546 $ 29,645,743 $ 52,135,777 FTE: 58.50 60.05 59.30 NAME: Community Development Department $ 1,985,922 $ 2,128,214 $ 4,589,289 FTE: 12.60 13.00 14.00 NAME: Electric Department $ 13,403,471 $ 15,877,397 $ 29,204,529 FTE: 20.25 20.75 17.25 NAME: Parks & Recreation $ 5,352,747 $ 6,013,810 $ 15,881,100 FTE: 43.80 43.80 43.80 NAME: Non-departmental $ 32,138,269 $ 22,224,286 It 29,365,872 FTE: 0 0 0 Total Requirements $ 92,690,393 $ 103,218,144 $ 201,347,863 Total Full-Time Equivalents 252.10 254.55 253.00 PROPERTY TAX LEVIES Permanent Rate Limit $ 4.2865 $ 4.2865 $ 4.2865 Rate Levied $ 4.1973 $ 4.1972 $ 4.1972 Ashland Loral Option Library Levy $ 0.1921 $ 0.1921 $ 0.1921 Levy for Bonded Debt Obligations $ 625,750 $ 518,876 $ 1,032,670 Estimated Debt Estimated Debt Outstanding Aulhonzed, Not Incurred STATEMENT OF INDEBTEDNESS at July 1, 2013 at July 1, 2013 General Obligation Bonds $ 34,250,000 Revenue Bonds 3,210,824 Other 233,617 Total Indebtedness $ 37,694,441 $ G:\financeWdministralion\Budget\Notices\2013-15\2013-2015 Official Big Notice Worksheet 5128/2013 RESOLUTION 2013- RESOLUTION ADOPTING THE BIENNIAL BUDGET AND MAKING APPROPRIATIONS The City of Ashland resolves that the 2013-2015 Biennial Budget, now on file in the office of the City Recorder,is adopted. Summary tables from the notice of the public hearing are attached. The amounts for the biennial budget year beginning July 1, 2013, and for the purposes shown below are hereby appropriated as follows: SECTION l: GENERALFUND Administration Department $ 553,465 Administration Department - Library 812,000 Administration Department- Municipal Court 994,970 Administrative Services - Social Services Grants 257,688 Administrative Services - Economic 8 Cultural Grants 1,433,226 Administrative Services - Miscellaneous 610,208 Administrative Services - Band 120,390 Administrative Services - Parks Services 8,856,000 Police Department 12,391,656 Fire and Rescue Department 13,053,484 Public Works - Cemetery Division 704,551 Community Development - Planning Division 2,730,822 Community Development - Building Division 1,390,632 Transfers 192,824 Contingency 1,041,000 TOTAL GENERAL FUND 45,142,916 COMMUNITY DEVELOPMENT BLOCK GRANT FUND Personal Services 61,100 Materials and Services 406,735 TOTAL CDBG FUND 467,835 RESERVE FUND Intedund Loan 900,000 Transfers 190,000 TOTAL RESERVE FUND 1,090,000 STREETFUND Public Works - Street Operations 7,628,710 Public Works - Street Operations Debt 341,750 Public Works - Storm Water Operations 1,247,230 Public Works - Storm Water Operations Debt 26,317 Public Works - Transportation SDC's 446,613 Public Works - Storm Water SDC's 80,600 Contingency 215,000 TOTAL STREET FUND 9,986,220 Page 1 of 4 AIRPORT FUND Materials and Services 143,310 Capital Outlay 65,000 Debt Service 77,072 Inlerfund Loan 19,000 Contingency 10,000 TOTAL AIRPORT FUND 314,382 CAPITAL IMPROVEMENTS FUND Public Works - Facilities 2,406,460 Administrative Services - Parks Open Space 3,929,000 Transfers 466,900 Contingency 200,000 TOTAL CAPITAL IMPROVEMENTS 7,002,360 DEBT SERVICE FUND Debt Service 4,548,084 Interfund Loan 370,000 TOTAL DEBT SERVICE FUND 4,918,084 WATER FUND Administration - Conservation Division 449,010 Fire - Forest Lands Management Division 712,265 Public Works - Water Supply 2,951,820 Public Works - Water Supply Debt 44,985 Public Works - Water Treatment 2,570,700 Public Works - Water Treatment Debt 467,427 Public Works - Water Distribution 8,570,680 Public Works - Water Distribution Debt 662,995 Public Works - Reimbursement SDC's - Public Works - Improvement SDC's 282,750 Public Works - Debt SDC's 241,845 Debt Services - Inledund loan 150,000 Contingency 403,000 TOTAL WATER FUND 17,507,477 WASTEWATER FUND Public Works - Wastewater Collection 5,298,621 Public Works - Wastewater Collection Debt 151,075 Public Works - Wastewater Treatment 6,527,385 Public Works - Wastewater Treatment Debt 3,253,250 Public Works - Reimbursement SDC's 117,500 Public Works - Improvement SDC's 1,383,491 Debt Services 30,000 Contingency 440,000 TOTAL WASTEWATER FUND 17,201,322 Page 2 of 4 ELECTRIC FUND Administration - Conservation Division 1,494,890 Electric - Supply 13,628,373 Electric - Distribution 13,398,521 Electric - Transmission 2,177,635 Debt Services 47,774 Contingency 923,000 TOTAL ELECTRIC FUND 31,670,193 TELECOMMUNICATIONS FUND Personal Services 1,288,560 Materials and Services 2,667,283 Capital Outlay 308,000 Contingency 150,000 TOTAL TELECOMMUNICATIONS FUND 4,413,843 CENTRAL SERVICES FUND Administration Department 3,015,362 IT - Computer Services Division 2,537,128 Administrative Services Department 4,084,194 City Recorder Division 708,330 Public Works - Administration and Engineering 3,362,420 Interfund Loan - Contingency 104,000 TOTAL CENTRAL SERVICES FUND 13,811,434 INSURANCE SERVICES FUND Personal Services 178,080 Materials and Services 1,446,500 Contingency 300,000 TOTAL INSURANCE SERVICES FUND 1,924,580 HEALTH BENEFITS FUND Personal Services - Materials and Services 7,816,992 Interfund Loan 510,000 Contingency 500,000 TOTAL INSURANCE SERVICES FUND 8,826,992 EQUIPMENT FUND Public Works - Maintenance 2,054,460 Public Works- Purchasing and Acquisition 3,113,000 Interfund Loan - Contingency 156,000 TOTAL EQUIPMENT FUND 5,323,460 CEMETERY TRUST FUND Transfers 10,600 TOTAL CEMETERY TRUST FUND 10,600 Page 3 of 4 PARKS AND RECREATION FUND Parks Division 7,469,390 Recreation Division 2,547,830 Golf Division 1,012,880 Transfer 922,000 Contingency 100,000 TOTAL PARKS AND RECREATION FUND 12,052,100 YOUTH ACTIVITIES LEVY FUND - Closed 613012013 Materials and Services - TOTAL YOUTH ACTIVITIES LEVY FUND - PARKS CAPITAL IMPROVEMENTS FUND Capital Outlay 4,851,000 TOTAL PARKS CAPITAL IMP. FUND 4,851,000 TOTAL APPROPRITATIONS, ALL FUNDS $ 186,514,798 TOTAL UNAPPROPRIATED AND RESERVE $ 15,609,567 AMOUNTS, ALL FUNDS TOTAL ADOPTED BUDGET $ 202,124,365 SECTION 2. This resolution takes effect upon signing by the Mayor. This resolution was duly PASSED and ADOPTED this day of June, 2013. Barbara Christensen, City Recorder SIGNED AND APPROVED this day of June, 2013. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Page 4 of 4 RESOLUTION 2013- RESOLUTION CERTIFYING CITY PROVIDES SUFFICIENT MUNICIPAL SERVICES TO QUALIFY FOR STATE SUBVENTIONS RECITALS: A. ORS 221.760 provides as follows: Section 1. The officer responsible for disbursing fund to cities under ORS 323.455, 366.785 to 366.820 and 471.805 shall, in the case of a city located within a county having more than 100,000 inhabitants according to the most recent federal decennial census, disburse such funds only if the city provides four or more of the following services: I. Police Protection 2. Fire Protection 3. Street construction, maintenance, lighting 4. Sanitary Sewer 5. Storm Sewer 6. Planning, zoning and subdivision control 7. One or more utility services B. City officials recognize the desirability of assisting the state officer responsible for determining the eligibility of cities to receive such funds in accordance with 221.760. Be it resolved, the City of Ashland hereby certifies that it provides the following municipal services enumerated in ORS 221.760(1): 1. Police Protection 2. Fire Protection 3. Planning 4. Street construction, maintenance, lighting 5. Storm Sewer 6. Water 7. Sanitary Sewer 8. Electric Distribution This resolution takes effect upon signing by the Mayor. This resolution was duly PASSED and ADOPTED this day of June, 2013. Barbara Christensen, City Recorder SIGNED AND APPROVED this day of June, 2013. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Page 1 of 1 RESOLUTION 2013- A RESOLUTION DECLARING THE CITY'S ELECTION TO RECEIVE STATE REVENUES RECITALS: The City must annually adopt a resolution electing to receive an apportionment of the Oregon Department of Administrative Services General Fund revenues derived from tax imposed on the sale of liquor as part of State Revenue Sharing. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: Pursuant to ORS 221.770, the City hereby elects to receive state revenues for fiscal year 2012- 2013 This resolution takes effect upon signing by the Mayor. This resolution was duly PASSED and ADOPTED this day of June, 2013. Barbara Christensen, City Recorder SIGNED AND APPROVED this day of June, 2013. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Page I of 1 A RESOLUTION DECLARING THE CITY'S ELECTION TO RECEIVE STATE REVENUES I certify that a public hearing before the Budget Committee was held on May 22, 2013 and a public hearing before the City Council was held on June 4, 2013, giving citizens an opportunity to comment on use of State Revenue Sharing. Barbara Christensen, City Recorder Page 1 of 1 ORDINANCE NO. AN ORDINANCE LEVYING TAXES FOR THE PERIOD OF JULY 1, 2013 TO AND INCLUDING JUNE 309 20149 SUCH TAXES IN THE SUM OF $10,5199347 UPON ALL THE REAL AND PERSONAL PROPERTY SUBJECT TO ASSESSMENT AND LEVY WITHIN THE CORPORATE LIMITS OF THE CITY OF ASHLAND, JACKSON COUNTY, OREGON THE PEOPLE OF THE CITY OF ASHLAND ORDAIN AS FOLLOWS: Section 1. That the City Council of the City of Ashland hereby levies the taxes provided for in the adopted budget in the permanent rate of $4.1972 per thousand an amount estimated to be $9,570,850, voter authorized Local Option in the rate of $.1921 per thousand an amount estimated to be $432,000 as well as $516,497 authorized for the repayment of General Obligation Debt and that these taxes are hereby levied upon the assessed value for the fiscal year starting July 1, 2013, on all taxable property within the City. Section 2. That the City Council hereby declares that the taxes so levied are applicable to the following funds: Permanent Rate Local Option Bonded Debt Per $ 1,000 General Fund - Operations $ 9,570,850 4.1972 Ashland Library Levy $ 432,000 0.1921 2005 GO Bonds $ 299,970 2011 GO Bonds - Fire Station #2 216,527 $ 9,570,850 $ 432,000 $ 516,497 The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of 2012, and duly PASSED and ADOPTED this day of 12012. Barbara M. Christensen, City Recorder SIGNED and APPROVED this day of , 2012. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Page 1 of 1 CITY OF ASHLAND Memo DATE: June 4, 2013 TO: Mayor and Council FROM: Dave Kanner, Budget Officer RE: FY 2013-2015 Budget Process - Summary of Changes Below is a summary of proposed adjustments for this stage of the process: 1. Preliminary revisions to the Proposed Budget from staff: a. The long-term portion of the budget anticipates the potential for renewal of some portion of the inter-fund loan for self-insuring health care costs in the Health Benefits Fund. The initial loan of $500,000 is budgeted for repayment within the biennium and renewal of the loan is reflected in the next biennium. It is more appropriate to budget the second, smaller loan, if needed, at the end of the 2013-2015 biennium. The estimate, after repayment of the initial amount is $400,000 and has been reflected in both the Reserve Fund and the Health Benefits Fund. b. Repayment of a $150,000 inter-fund loan by the Water Fund to the Equipment Fund was not input into the detail of the budget. The omission is corrected by decreasing the Water Fund ending balance and appropriating the repayment. The Equipment Fund is revised to show the added resource and a larger ending balance. 2. Committee accepted changes from staff and approved the following revisions to the budget: a. Appropriate $100,000 as a transfer from the Reserve Fund to the General Fund to pay for the Help Center. An appropriation of $100,000 is reflected in the General Fund, Administration Services - Miscellaneous division to reflect the potential expenditure. b. Appropriate $90,000 as a transfer from the Reserve Fund to the Central Service Fund to pay for the computer operating system upgrade. An appropriation of $90,000 is reflected in Central Services Fund, Information Technology Department to reflect the potential expenditure. c. Reduce appropriations for consultant work on the Downtown Plan by $35,000 in the General Fund, Community Development - Planning Division. ADMINISTRATION DEPARTMENT Dave Kanner, City Administrator Tel:541488-5300 20 East Main Street Fax: 541-552-2059 Ashland, Oregon 97520 TTY: 800-735-2900 vnox.ashland.or.us CITY OF ASHLAND Memo 3. Based upon discussion with the Committee, staff recommends the following adjustments in the adoption of the budget by Council: a. Reduce General Fund Transfers by $956,176 to reflect the direct deposit into the Debt Service Fund of property taxes for voter-approved debt service relating to the 2005 and 2011 general obligation bonds. Doing so removes the need to transfer the like amount. A similar change is reflected in the revenue reconciliation. b. Appropriate $175,000 in the Water Fund, Fire Department - Forest Lands Management Division for the Ashland Forest Resiliency program. Since no revenue stream has been identified adding this appropriation decreases the Water Fund Ending Fund Balance by a like amount. 4. Staff recommends further adjustments to the Approved Budget based upon a request from the Public Works Department recognizing capital project costs that will not be incurred in FY 2012-2013 as estimated when preparing the proposed budget. The recommended changes will increase the carry forward from 2012-2013 by $1,732,678 and increase appropriations in the Street, Water and Wastewater funds in BN 2013-2015 by the same amount, not affecting the ending fund balances projected for June 30, 2015. Incorporating all the changes listed above results in an Adopted Budget that totals $202,124,365. ADMINISTRATION DEPARTMENT Dave Kanner, City Administrator Tel:541-088-5300 20 East Main Street Fax: 541-552-2059 Ashland, Oregon 97520 TTY: 800-735-2900 v .ashland.or.us City of Ashland Biennium 2013-2015 Summary of Changes RESOURCE SUMMARY 2013.2015 Staff 2013-2015 Committee 2013-2015 Council 2013-2015 Proposed Revisions Revised Revisions Approved Revisions Adopted Revenues: Taxes $ 41,694,083 $ 41,694,083 $ 41,694,083 $ 41,694,083 Licenses and Permits 1,545,692 1,545,692 1,545,692 1,545,692 Intergovernmental Revenues 10,108,357 10,108,357 10,108,357 10,108,357 Charges for Services 102,694,761 102,694,761 102,694,761 102,694,761 Systems Development Charges 610,000 610,000 610,000 610,000 Fines and Forfeitures 339,000 339,000 339,000 339,000 Assessment Payments 272,000 272,000 272,000 272,000 Interest on Investments 339,700 339,700 339,700 339,700 Miscellaneous Revenues 1,295,494 1,295,494 1,295,494 1,295,494 Total Revenues 158,899,087 - 158,899,087 - 158,899,087 - 158,899,087 Budgetary Resources: - Working Capital Carryover 28,265,776 28,265,776 28,265,776 1,732,678 29,998,454 Other Financing Sources 9,495,500 9,495,500 9,495,500 9,495,500 Intedund Loan 1,399,000 550,000 1,949,000 1,949,000 1,949,000 Operating Tmnslers In 2,548,500 2,548,500 190,000 2,738,500 (956,176) 1,782,324 Total Budgetary Resources 41,708,776 550,000 42,258,776 190,000 42,448,776 776,502 43,225,278 Total Resources $ 200,607,863 $ 550,000 $ 201,157,863 $ 190,000 $ 201,347,863 $ 776,502 $ 202,124,365 Recognize Self- Insurance Interfund Loan renewal if needed. $400,000 (Only re-borrow what is needed at 6/30/2015) Recognize Interfund Loan repayment. $150,000 (From Water Fund to Equipment Fund) $ 550,000 Recognize Transfer from Reserve Fund to General Fund for Help Center. $100,000 Recognize Transfer from Reserve Fund to Central Services for IT Operating system. $90,000 $ 190,000 To reflect reduced Transfers In for the Debt Service Fund from the General Fund mused by the direct deposit of tax proceeds in the Debt Service Fund. Transfer no longer needed. ($956,176) Delayed Public Works projects creating larger than projected carry over and requiring re-budgeting in the biennium. $1,732,678 $ 776,502 G:\finance\Administration\Council CommunicationsWune 13\Draft\Appropriations0ennium 2013-2015 Summary of Changes- ResourcasRequirements.Atch4 5/29/2013 City of Ashland Biennium 2013-2015 Summary of Changes 2013-2015 staff 2013-2015 Counince 2013-2015 Council 2013-2015 Proposed Reuisiom Revised Revisions Approved Revisions Adopted GENERAL FUND Administration Depabrierl 553,465 553,465 553,465 553,465 Administration Deparmort-Library 012000 812,000 812,000 012,000 Adminsbadon Depaboer4-Municipal CDM 994,970 994,970 994,970 994,970 Adrrinsmi Series- Social Series Wants 257,668 257,688 257,688 257,688 Admoistraliva Services- Emnonic B Cultural Wants 1,433,226 1,433,226 1.433,226 1.433,226 Admnistrative S"oes - Miscellaneous 222,483 287,725 510,208 100,000 610,208 610,208 Adrnnisbail. SeNces- Band 120,390 120,390 120,390 120,390 Adrrinstralhe Seskes-Parks Services 8,856,097 0,856.000 8,856000 0,856000 Pafice Deparbnerd 12,391,656 12,391,656 12,391,656 12,391,656 Fire and Rescue Department 13,053,484 13,053,484 13,053,484 13,053,494 Public Works - CemeRry Dvisian 704,551 704,551 704,551 704,551 Commundy Development- Planning Division 2,765,822 2,765,822 (35,000) 2,730,822 2,730,822 Corrinunry Development - Building DiNsbn 1,390,632 1,390,632 1,390,632 1,390.632 Transfers 1 149.000 1,149,000 1,149,000 (956,176) 19;824 Cornngenc7 1,041,000 1,041,000 1,041,000 1,041,000 Ending Fund Balance 1,030,159 (287,725) 742,434 35,000 777,434 777,434 TOTAL GENERAL FUND 46,776,526 - 46,776,526 100,000 46876,526 (956,176) 45,920,350 COMMUNnV DEVELOPMENT BLOCK GRANT FUND Personal Series 61,100 61,100 61,100 61,100 Mater's and Sevkes 405,735 406,735 406,735 406,735 Ending Fund Balance TOTAL CDBG FUND 467,835 - 467,835 - 467,835 - 467,835 RESERVE FUND Inledund Loan 500,000 400,000 900,000 900,000 900,000 Transfers - - 190,000 19D,000 190,000 Ending Fund Balance 1,4,910 (400,097) 644.910 (190,000) 454,910 454,910 TOTAL RESERVE FUND 1,544,910 - 1,544,910 - 1,544,910 - 1,544,910 STREETFUNU Public Works- Street Operations 6,985,460 6,985,460 6,985,460 643,250 7,628,710 Public Works- Street Operators Debt 341,750 341,750 341,750 341,750 Public Woks- Storm Well Operadons 1,247,230 1,247,230 1,247,230 1,247,230 Public Works- Stem Water Opeatons Deli 26,317 26,317 26,317 26,317 Public Works- Trasportadon SDCs 373,290 373,290 373,290 73,323 446,613 Public Works - Starr Water SDC's 60,600 60,600 60,600 20,000 60,600 Canfingency 215,000 215,000 215,000 215,000 Ending Fund Balance 1,059,860 1,059.860 1,059,860 1,059,860 TOTAL STREET FUND 10,309,507 - 10,309,507 10,306507 736,93 11,046,000 AIRPORT FUND Materials and Services 143,310 143,310 143,310 143,310 Capital OWay 65,000 65.000 65,000 65,000 Debt Servke 77,072 77,072 77,072 77,072 Intedund Loan 19,000 19,000 19,000 19,000 Canfingency 10,000 10,000 10,001) 10,000 Ending Fund Balance 64,468 64,978 64,468 64,468 TOTAL AIRPORT FUND 378,050 - 378,850 - 378,850 - 378,850 CAPITAL RIPROVEMEMS FUND PUNb Works - Fadlides 2,406,460 2,406,460 2,406.460 2,406.460 Adminisbui Services - Fors Open Space 3,929,000 3,929,000 3,929,000 3,929,000 Trassfas 466,900 465,900 466,900 466,900 C xti gency 200,000 200.000 200,000 200,000 Ending Fund Balance 1,890,308 1,890,308 1,890,300 1,890,300 TOTAL CAPITAL IMPROVEMENTS 8,892,668 - 8,892,668 - 8,892.668 - 0,892,668 DEBT SERVICE FUND Debt Servke 4,548,084 4,548,084 4,548,084 4,548,084 Irdedund Loan 370,000 370,000 370,000 370,00D Ending Fund Balance 606,593 6D6,593 606,593 606,593 TOTAL DEBT SERVICE FUND 5,524,677 - 5,524,677 - 5,524,677 - 5,524,677 WATER FUND Adrnnsbal- Conservation Divisim 449,010 449.010 449,010 449,010 Fee- Forest Lands Marugement Division 537,265 537,265 537,265 175,00 712265 PuNic Works-Wise Supply 2,804,570 2,804,570 2,894,570 67,250 2,951,020 G: financeVsdministrafion\Council Communicatiiune 130raftV.ppropriationsSiennium 2013-2015 Summary of Changes-ResourwsRequirements.Atch4 exp 5/29/2013 3:31 PM City of Ashland Biennium 2013-2015 Summary of Changes 2013-2015 Stan 2013-2015 Canaria. 2013.2015 Council 2013 2015 Proposed Revisions Revised Revisions Approved Revisions Adopted Public Works- Water Supply Debt 44,985 44,985 44,985 44,985 Frantic Works - Water Tresenent 2,494,200 2,494,200 2,494,200 76,500 2,570,700 Publc Works - Water Treatreat Debt 467,427 467,427 467,427 467,427 Public Works - Water Distrubdon 8,385,680 0,305,680 8,305,680 185,000 8,570,680 Public Works- Water Distribution Debt 662,995 662,995 662,995 662,995 Public Works- Rembursemer4 SDCs - - - - Public Works -IngrosmleN SDCs 200,000 200,000 200,000 02,750 282,750 Public Works - Debi SDCs 241,845 241,845 241,945 241,845 Debt Services - - - - Intedundlow - 150,30 150,000 150,000 150,000 Contingency, 403,000 403,000 403,000 403,000 Ending Fund Balance 4,059,315 (150,000) 3,909316 3,909,316 (175,000) 3,734,316 TOTAL WATER FUND 20,830,293 - 20,830,293 - 21,830,293 411,500 21,241,793 WASTEWATER FUND Public Wads-Wastewater Collation 5,062,377 5,062,377 5,062,377 236,244 5298.621 Public Works- Wastewater Collation Debt 151,075 151,075 151,075 151,075 Public Woks- Wastewater Treatmeat 6,201,385 6,201,385 6,201,385 326,000 6,527,385 Public Worts- Wastewater TreaSnent Debt 3,253,250 3,253250 3,253,250 3,253,250 Public Works- Rembursereat SDC's 117,500 117,500 117,500 117,500 Public Works - Irryrosement SDCs 1,361,130 1,361,130 1,361,130 22,361 1,383,491 Debt Services 30,000 30,000 30,000 30,000 Contingency 440,000 440,000 440,000 440,000 Ending Fund Balance 2,305,611 2,305,611 2,305,611 2,305,611 TOTAL WASTEWATER FUND 18,922,328 - 18,922,328 - 18,922,328 584,605 19,506,933 ELECTRIC FUND Ad.nis0ation-Conservation Division 1,494,090 1,494,890 1,494,890 1,494,890 See= - Supply 13628,373 13,628,373 13,628,373 13,628,373 Elecbic-Disbibubon 13,398,521 13,398,521 13,398,521 13,398,521 Electric - Trawrission 2,177,635 2,177.635 2,177,635 2,177,35 Debt Services 47,374 47,774 47,774 47,774 Contingency 923,000 923,000 923,000 923,000 Ending Fund Balance 590,117 590,117 590,117 590,117 TOTAL ELECTRIC FUND 32260,310 - 32,260,310 - 32,260,310 - 32,260,310 TELECOMMUNICATIONS FUND Personal Services 1,288,560 1,288,560 1,288,560 1,288,560 Materials and SaNCes 2,667283 2.667,293 2,667,283 2,667,283 Capital Outlay 308,000 308,000 308,000 308,000 Contingency 150,000 150,000 150,000 150,000 Ending Fund Balance 30,968 30,968 39968 30,968 TOTAL TELECOMMUNICATIONS FUND 4,444,811 - 4,444,811 - 4,444,811 - 4,444,811 CENTRAL SERWCES FUND Adnenistration Depari 3,015,362 3,015,362 3,015,362 3,015,362 IT- Computer Services Divison 2,447,128 2,447,128 90,000 2,537,128 2,537,128 AtlrtOtisbaBUe Services DepaMrenl 4.084.194 4,004,194 4,081 4,004,194 Cif, Recorder Division 708,330 700,330 708,330 700,330 Public Works- Adrabscralion and Engineering 3,362,420 3,362420 3,362,420 3,362,421 Intedund Loan Contingency 104000 11 104,000 104,000 Ending Funtl Balance 39;031 392,031 392,031 392,031 TOTAL CENTRAL SERWCES FUND 14,113,465 - 14,113,465 99000 14,23,465 - 14,203465 INSURANCE SERVICES FUND Personal Services 178,060 178,080 178,080 178,080 Materials and Ser-Aces 1,446,500 ♦1,446,500 1,446,500 1,446,500 Contingency 300,000 300,OD0 300,000 300,000 Ending Fund Balance 429,287 429,287 429,207 429,207 TOTAL INSURANCE SERVICES FUND 2,353,867 - 2,353,367 - 2,353,867 - 2,353,867 HEALTH BENEFITS FUND Personal Services - - - Malerialsand Services 7,816,992 7,816,992 7,016,992 7,016,992 Intedund Loan 510,000 510,000 510,000 510,000 Contingency 500,000 500,000 500,000 500,000 Ending Fwd Balance (313,282) 401 86,710 86,718 86,718 G: VinancekAdministralion\Council Corn municationsUune 130ranWppropriations0ennium 2013-2015 Summary of Changes-ResouroesRequiremenls.Alch4 exp 5/29/2013 3:31 Put City of Ashland Biennium 2013-2015 Summary of Changes 2013-2015 Staff W13-MIS Committee 2013-2015 cu l 2013.2015 Proposed Revisions Revised Revisions Approved Revisions Adopted TOTAL INSURANCE SERVICES FUND 8,513,710 400,000 8,913,710 - 8,913,710 - 8,913,710 EQUIPMENT FUND Public Works - Maintenance 2,054,460 2,054,460 2,054,460 2,054,460 Pudic Works- Purchasing and Acquisition 3,131,000 (18,000) 3,113,000 3,113,000 3,113.000 Intedund Loan CorAngemy 156,000 158000 156,000 156,000 Ending Fund Balance 1,111,701 168,000 1,280,701 1,280,781 1,280,701 TOTAL EQUIPMENT FUND 6,454,241 150,000 6,604,241 - 6,604,241 - 6,604,241 CEMETERY TRUST FUND Transfers 10,600 10,600 10,600 10,600 Ending Fund Balance 937,744 937,744 937,744 937,744 TOTAL CEMETERY TRUST FUND 948,344 - 940,344 - 948,344 - 940,344 PARKS AND RECREATION FUND Pads Diosion 7,469,390 7,469,390 7,469,390 7,469,390 Recreation erosion 2,547,830 2,547,830 2,547,830 2,547,030 Gall Diodon 1.012,880 1,012,880 1,012,800 1,012,880 Transfer 922,000 922,000 922,000 922,000 Contingency 100,000 100,000 100,000 100,000 Ending Fund Balance 666,289 666,289 666,289 666,289 TOTAL PARKS AND RECREATION FUND 12718,389 - 12,718.389 - 12,710,389 - 12.718.389 YOUTH ACTIVITIES LEW FUND Maledds and Semes - - Ending Fund Balance TOTAL YOUTH ACTIVITIES LEW FUND - - - - - - - PARKS CAPITAL IMPROVEMENTS FUND Capital 0.94 4,851,000 4,851,000 4,851,000 4,851p00 Ending Fund Balance 302,132 302,132 302,132 302,132 TOTAL PARKS CAPITAL IMP. FUND 5,153,132 - 5,153,132 - 5,153,132 - 5,153,132 TOTALBUDGET 200.607,863 550,000 201,157,863 19x0W 201,347,863 776,502 202,124,365 Less Ending Fold Balance 16,203,292 (26985) 15,939,567 (155,000) 15,784567 (175,000) 15,609,567 Total Appropriations 184,398,571 819,725 185,218,296 345,000 185,563,296 951,502 186,514,790 Appropriate funds committed to parking improvements. $287725 Remove appropriations for the Conservation Vehicle. ($10,000) Recognize Self - Insurance Inlerfund Loan renewal if needed. 5400,000 (Only amount needed W be borrowed effective 613x2015) Recognize Inlerfund Loan repayment from Wader to Equipment Fund. $10,111p $ 819,725 Appropriate Transfer from Reserve Fund to General and Central Service funds. $190,000 Appropriate expenditure in General Fund for Help Center. $100A(0 Appropriate expenditure in Central Services Fund, Information Technology for Operating system. $90,000 Remove Downtown Plan Study (135,000) f 345,000 Appropriate Ashland Forest Resiliency project in Water Fund, reducing Ending Fund Balance. $175,000 To reflect reduced Property Tax revenue, offset by reduction of Transfers Out, in the General Fund caused by the direct deposit of tax proceeds in the Debt Service Fund. Transfer no longer needed. ($956,176) Delayed Public Works projects creating larger than projected carry over and requiring re-budgeting in the biennium. $1,732,678 $ 951,502 G: Virance\Administration\Council CommunicationsWune 130raf Appropriations\Biennium 2013-2015 Summary of Changes-ResourcesRequirements.Atch4 exp 5/29/20133:31 PM Memo CITY OF ASHLAND Date: May 29, 2013 From: Scott A. Fleury, Engineering Services Manager To: Lee Tuneberg, Finance Director Re: May FY13 Capital Project Adjustments As requested, the Public Works Department has reevaluated the end-of-year capital project cost estimates and subsequent adjustments to the FYI 3 capital budget. The format used for this exercise provides a side by side comparison of the capital budget costs outlined in the current proposed FYI 3 budget and the proposed adjustments by fund. In summary, there are six (6) capital project adjustments to the street fund budget. To that end, please add the following FY2013Street Operation, Street SDC and Storm Drain SDC projects to the FY2014 capital project list. In addition, please increase the FY2014 Street Operations cash carryover by $736,573 (ODOT grant for the Hersey Street Railroad crossing $405,400, remaining Street Operations projects $237,850, Street SDCs $73,323 and Strom Drain SDCs $20,000). Details of the proposed adjustments are as follows: FY13 February FY13 May Difference Street Operations Projection Adjustment carryover 260.08.12.00.704200 Contracted Projects Railroad Crossing Improvement; Hersey St. * $ 575,00 0 $ 169,600 $ 405,400 Slur Seal per PMS $ 100,000 $ 0.00 $ 100,000 High School Beacon $ 50,000 $ 0.00 $ 50,000 Miscellaneous Concrete Repairs $ 6,000 $ 45,000 $ 41,000 New Sidewalk Improvements TSP $ 116,250 $ 0.00 $ 116,250 Audible Pedestrian Signals $ 23,000 $ 10 400 $ 12,600 TOTAL $ 845,250 $ 225,000 $ 643,250 *Total project budget was $430,000 of which $365,500 is grant and $64,500 is SDC. Have spent $199,513.29 to date, $169,586.30 from Street and $29,926.99 from SDC (project accounting worksheet including for reference). ENGINEERING DIVISION Tel: 54114885347 20 E. Main Street Fax: 5411488-6008 As Ashl land OR 97520 TTY: 8001735-2900 w .ashlandzr.us FY13 February FY13 May Difference Street SDC Projection Adjustment car over 260.08.35.00.704200 Contracted Projects Railroad Crossing Improvement; Hersey St. see above $ 34,573 $ 0.00 $ 34,573 New Sidewalk Improvements TSP $ 38,750 $ 0.00 $ 38,750 TOTAL $ 73,323 $ 0.00 Is 73,323 There is one (1) capital project adjustments to the Storm Drain SDC Fund. FY13 February FY13 May Difference Storm Drain SDC Projection Adjustment (carryover) 260.08.34.00.704200 Contracted Projects Storm Drain Master Plan $ 29,000 $ 9,000 $ 20,000 In summary, there are eleven (11) capital project adjustments to the Water Fund. To that end, please add the following FY2013 Water Supply, Water Treatment and Storage, Water Distribution, and Water SDC projects to the FY 2014 capital project list. In addition, please increase the FY2014 Water Fund cash carryover by $411,500 (Water Supply $67,250, Water Treatment and Storage $76,500, Water Distribution $185,000 and Water SDC $82,750). Details of the proposed adjustments are as follows: FY13 February FY13 May Difference Water Supply Projection Adjustment carr over 670.08.15.00.704200 Contracted Projects FERC Security and Telemetry Improvements $ 26,250 $ 15,000 $ - 11,250 High Capacity Well Testing $ 50,000 $ 10,000 $ 40,000 Ashland Creek W. Fork Bride $ 3,000 $ 2,000 $ 1,000 Sediment TMDL in Reeder Reservoir $ 15,000 $ 0.00 $ 15,000 TOTAL $ 94,250 $ 27,000 $ 67,250 ENGINEERING DIVISION Tel: 5411488-5347 20 Main Street Fax: 5411488-8008 Ashland OR 97520 TTY: 8001135-2900 w ashland.or.us FY13 February FY13 May Difference Water Treatment and Storage Projection Adjustment (carr over 670.08.19.00.704200 Contracted Projects Raw Water Bypass Measurement $ 25,000 $ 0.00 $ 25,000 Scada Radio Frequency Compliance $ 45,000 $ 10,000 $ 35,000 Final CT Disinfection Improvements $ 85,000 $ 68,500 $ 16,500 TOTAL $ 155,000 $ 78,5800 $ 76,500 FV13 February FY13 May Difference Water Distribution Projection Adjustment (carryover 670.08.18.00.704200 Contracted Projects Park Estates Pump Station Alternatives $ 140,000 $ 0.00 $ 140,000 Ivy Lane-Morton to West end of Ivy Lane $ 35,000 $ 0.00 $ 35,000 I Lane-S. Mountain $ 10,000 $ 0.00 $ 10,000 TOTAL $ 185,000 $ 0.00 $ 185,000 FY13 February FY13 May Difference Water SDC Projection Adjustment (carr over 670.08.38.00.704200 Contracted Projects FERC Security and Telemetry Improvements $ 8,750 $ 0.00 $ 8,750 Reeder Reservoir Stud Implementation $ 22,500 $ 2,500 $ 20,000 Ashland Creek W. Fork Bride $ 9,000 $ 0.00 $ 9,000 Sediment TMDL in Reeder Reservoir $ 45,000 $ 0.00 $ 45,000 TOTAL $ 85,250 $ 2,500 $ 82,750 ENGINEERING DIVISION Tel: 541148&5347 20 Main Street Fax: 5411488-8008 Ashland OR 97520 TTY: 8001735-2900 w .ashland.or.us In summary, there are nine (9) capital project adjustments in the Wastewater fund. To that end, please add the following FY2013 Wastewater Treatment Plant, Collections and SDC projects to the FY 2014 capital project list. In addition, please increase the FY2014 Wastewater cash carryover by $584,605 (Wastewater Treatment Plant $326,000, Collections $236,244, and SDC $22,361). Details of the proposed adjustments are as follows: FY13 February FY13 May Difference Wastewater Treatment Plant Projection Adjustment (carr over 675.08.19.00.704200 Contracted Projects Outfall Relocation $ 20,000 $ 0.00 $ 20,000 Shading $ 246,000 $ 0.00 $ 246,000 Backup Portable Pump $ 60,000 IS 0.00 $ 60,000 TOTAL $ 326,000 $ 0.00 $ 326,000 FY13 February FY13 May Difference Wastewater Collections Projection Adjustment (carr over 675.08.17.00.704200 Contracted Projects Ashland Creek Trunkline Rehabilitation $ 426,400 $ 211,855 $ 214,545 Bear Creek Parallel Trunkline $ 7,488 $ 0.00 $ 7,488 15" Mountain Ave. Mainline $ 1,770 $ 0.00 $ 1,770 24" Oak St. Trunkline $ 680 $ 0.00 $ 680 15" A St. Mainline $ 9,396 $ 0.00 $ 9,396 12" Railroad Mainline $ 2,365 $ 0.00 $ 2,365 TOTAL $ 448,099 $ 211,855 $ 236,244 ENGINEERING DIVISION Tel: 5411488-5347 20 Main Street Fax: 5411488-05 Ashland OR 97520 TTY: 800(/35-292900 w .ashland.or.us FY13 February FY13 May Difference Wastewater SDC Projection Adjustment carr over 675.08.38.00.704200 Contracted Projects Bear Creek Parallel Trunkline $ 17,472 $ 0.00 $ 17,472 15" Mountain Ave. Mainline $ 590 $ 0.00 $ 590 24" Oak St. Trunkline $ 120 $ 0.00 $ 120 15" A St. Mainline $ 1,044 $ 0.00 $ 1,044 12" Railroad Mainline $ 3,135 $ 0.00 $ 3,135 TOTAL $ 22,361 $ 0.00 $ 22,361 All other projects previously entered in with carryover amounts are tracking correctly at this time. ENGINEERING DIVISION Tel:5411488-5347 20 Main Street Fax: 5411488-8000 Ashland OR 97520 TTY: 8001735-2900 v .ashlandzr.us . CITY OF ASHLAND Council Communication June 4, 2013, Business Meeting A Resolution authorizing Mayor and City Administrator signature of an affiliation agreement between Ashland Community Hospital, Asante, the City of Ashland and the Ashland Community Hospital Foundation and authorizing the City Administrator to sign documents necessary to close the affiliation transaction FROM: Dave Kanner, city administrator, dave.kanner@ashland.or.us SUMMARY The board of directors of Ashland Community Hospital (ACH) voted in December to begin a period of exclusive negotiation with Asante on an affiliation agreement under which Asante would become the sole corporate member of the ACH corporation. The City of Ashland, as the sole shareholder in the ACH corporation, must consent to any affiliation agreement and, as the owner of the hospital property, must agree to terms under which the property is conveyed to ACH. On February 19 of this year, ACH, the ACH Foundation, the City and Asante entered into a non-binding letter of intent (LOI) that laid the groundwork for an affiliation agreement. The parties have, since that time, been negotiating the specific terms of that agreement. Under this affiliation agreement, the City will transfer its sole corporate membership in ACH to Asante. Asante will agree to operate ACH as a general hospital for at least 15 years. If it fails to do so within the first three years of the agreement, sole corporate membership will revert to the City. If it fails to operate ACH as a general hospital in years four through 15 of the agreement, Asante will pay the City $4 million in what is the equivalent of liquidated damages. In addition, should Asante fail to operate ACH as a general hospital in the first three years of the agreement, thus causing reversion to the City, Asante will pay the City $8 million; reduced by an amount equal to payment into the ACH defined benefit retirement plan in excess of $900,000 averaged annually. Asante has the right to exercise a reversionary interest in the first three years of the agreement if total pension liability exceeds $16 million or if previously unknown liabilities arise after closing that exceed $4 million. This Affiliation Agreement was approved by the Ashland Community Hospital Board of Directors at its meeting of May 22, 2013 and by the Ashland Community Hospital Foundation Board of Directors on May 21, 2013. It is scheduled for a vote by the Asante Board of Directors on June 3, 2013. BACKGROUND AND POLICY IMPLICATIONS: Former Ashland Community Hospital CEO/President Mark Marchetti and former Board Chair Dr. Doug Diehl met with the City Council in August, 2011, and at that time presented a recommendation - which was approved by the Council - for seeking an affiliation with a larger hospital group, in order to address ACH's dire financial situation. Page I of 3 l`, CITY OF ASHLAND Following that meeting, the hospital, working with Huron Consulting, sent a request for proposals to 25 hospital systems across the United States and received proposals from five. After reviewing the proposals and hearing presentations, the ACH Board selected Dignity Health, a San Francisco-based hospital system with 42 hospitals in its portfolio. In April 2012, the hospital and Dignity entered into a due diligence period aimed at developing a merger and affiliation agreement. However, in October, Dignity broke off those negotiations and withdrew its proposal. In November, the ACH Board voted to pursue negotiations on an affiliation agreement with Medford- based Asante, which owns and operates Rogue Regional Medical Center in Medford and Three Rivers Hospital in Grants Pass. Following two months of discussions that included the City and the Ashland Community Hospital Foundation, the parties entered into a non-binding letter of intent that spelled out the basic terms of a to-be-negotiated affiliation agreement. That affiliation agreement is now before the Council for its consideration. Because the City is the sole shareholder in the ACH corporation and the owner of the hospital property, the City must approve any affiliation agreement and any agreement affecting disposition of the real property. Approval and signature of this affiliation agreement executes the transaction but does not close the transaction. There are a variety of real estate conveyances, financial assurances and regulatory filings that must be completed before the transaction can close. The parties have agreed that the closing will take place on July 31, with Asante becoming the sole corporate member of the ACH corporation on August 1. Due diligence will continue during the two-month period between the execution date and the closing date. It is conceivable, if unlikely, that additional issues could arise as a result of that due diligence that would cause Asante to terminate this agreement. From the City's perspective, the key provisions of the affiliation agreement are as follows: 1. The City agrees to transfer its sole corporate membership in ACH to Asante (§1, §2), however ACH will remain an independent nonprofit corporation. 2. The City agrees to transfer title in all real property to the ACH corporation. (§9.1 ) 3. Asante agrees to operate ACH as a general hospital per Oregon Administrative Rule 333-500- 0032(2)(a) for a period three years. (§5.1) If Asante fails to do so, sole corporate membership in ACH will revert to the City, along with a payment to ACH of $8 million, which may be reduced by the amount of contributions in excess of, on average, $900,000 per year paid by Asante to the ACH defined benefit pension plan. This reduction shall not exceed $2 million total. However, if Asante, prior to reversion, satisfies the balance of the Umpqua Bank loan in full, it shall have no obligation to pay ACH $8 million as adjusted. (§6.1.2) 4. Asante agrees to make $10 million in capital improvements in ACH in the first three years, with not less than $2.5 million of that by the end of the first year and $5.5 million by the end of the second year. (§5.2.1) Should Asante fail to do so, it will pay the difference between those amounts and what it actually invested to the ACH Foundation. (§7 and subsections) 5. During the first three years of the agreement, Asante will not cause•any distributions of real property from ACH to Asante or any other entity. (§5.2.2, §6.3) 6. There is a known pension liability that accrues to the hospital. Should that liability exceed $16 million in the first three years of the agreement or should an unknown liability arise that exceeds $4 million in the first three years, Asante may, at its option, revert sole corporate membership in ACH to the City. If Asante exercises its reversionary interest, it must pay to the ACH Foundation the difference between $10 million and the amount actually spent on capital improvements at the hospital. (§8 and subsections) Page 2 of 3 OW 1,711 CITY OF ASHLAND 7. Beginning in year four of the agreement and continuing through year 15, Asante agrees to pay to the City $4 million should it cease to operate ACH as a general hospital. However, the City would have no right of reversion. (§9.8) 8. The ACH Board of Directors will dissolve and the Asante Board of Directors will become the sole governing body of the Asante hospital system, including ACH. (§2.2, § 12, et seq.) Asante will appoint an Ashland Community Hospital Advisory Board (§12.1) which will subsequently become the Ashland Community Hospital Quality Committee 12.5). 9. The City and the ACH Foundation agree to not compete with Asante/ACH unless the reversionary interest of one of the parties is invoked or Asante withdraws all healthcare services from Ashland. (§13) 10. Asante commits every effort to offer - but not to guarantee- employment to all current ACH employees. (§14, et seq.) Roy Vinyard, CEO of Asante, has been personally involved in the development of this agreement and he will attend the June 4 City Council meeting to answer any questions you have. FISCAL IMPLICATIONS: There are many indirect fiscal implications for the City related to the 400 jobs provided in the community by ACH. The direct fiscal impacts are those that all concerned hope do not come to pass. These are: 1. In the event of a reversion from Asante to the City in the first three years of the agreement, caused by Asante's failure to operate ACH as a general hospital, Asante must pay to ACH $8 million, reduced by no more than $2 million for higher-than-expected contributions to the ACH defined benefit pension plan. 2. Asante will make a minimum of $10 million in capital improvements in the hospital and will pay to the ACH Foundation the difference between actual investment and that figure if it fails to do so. 3. Asante must pay the City $4 million if it ceases to operate ACH as a general hospital in years four through 15 of the agreement. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval this resolution and of this affiliation agreement. SUGGESTED MOTION: I move approval of a Resolution authorizing Mayor and City Administrator signature of an affiliation agreement between Ashland Community Hospital, Asante, the City of Ashland and the Ashland Community Hospital Foundation and authorizing the City Administrator to sign documents necessary to close the affiliation transaction. ATTACHMENTS Resolution Affiliation Agreement Page 3 of 3 ~r, RESOLUTION NO. 2013- A RESOLUTION AUTHORIZING MAYOR AND CITY ADMINISTRATOR SIGNATURE OF AN AFFILIATION AGREEMENT BETWEEN ASANTE, ASHLAND COMMUNITY HOSPITAL, THE ASHLAND COMMUNITY HOSPITAL FOUNDATION AND THE CITY OF ASHLAND AND AUTHORIZING THE CITY ADMINISTRATOR TO SIGN DOCUMENTS NECESSARY TO CLOSE THE AFFILIATION TRANSACTION RECITALS: A. The City of Ashland is the sole corporate member in the Ashland Community Hospital (ACH) corporation and the owner of the real property upon which Ashland Community Hospital is located. B. The City and the ACH corporation have determined that it is no longer financially viable for the hospital to operate as an independent community hospital. C. With the City's approval, the ACH Board of Directors conducted a national solicitation for proposals from larger health care organizations with the goal of affiliating with such an organization, thereby accessing the resources necessary to remain in operation as a general hospital. D. Pursuant to that solicitation, the City, the ACH Board of Directors and the Ashland Community Hospital Foundation entered into a period of exclusive negotiation with Asante of Medford, OR, which negotiation has produced an affiliation agreement whereby Asante will become the sole corporate member of the ACH corporation. E. The affiliation agreement requires that the City shall deliver to the other parties to the agreement a resolution of the City Council approving the execution of the agreement. THE CITY OF ASHLAND RESOLVES AS FOLLOWS SECTION 1 The City Council of the City of Ashland, Oregon, approves the Affiliation Agreement between Asante, the City, the ACH Board of Directors and the Ashland Community Hospital Foundation. SECTION 2 The Mayor and the City Administrator are authorized to sign said Affiliation Agreement. SECTION 3 The City Administrator and the City Attorney are directed to provide all exhibits, schedules, documents required by the Affiliation Agreement and to effect all transfers and conveyances required by the Affiliation Agreement. Page 1 of 2 SECTION 4 The City Administrator is authorized to sign any and all documents, other than legal opinions, necessary to close this transaction, including documents necessary for the conveyance of real property, once such documents have been reviewed and approved as to form by the City Attorney. This resolution was read by title only in accordance with Ashland Municipal Code. PASSED and ADOPTED this day of , 2013. Barbara Christensen, City Recorder SIGNED and APPROVED this day of , 2013 John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Page 2 of 2 CONFIDENTIAL AFFILIATION AGREEMENT THIS AFFILIATION AGREEMENT, including all exhibits, schedules and appendices hereto (the "Agreement'), is made and entered into this day of June, 2013 (the "Execution Date"), by and among the following entities and municipality: I. Asante, an Oregon nonprofit public benefit corporation ("Asante"), located at 2650 Siskiyou Blvd., Medford, OR 97504. 2. Ashland Community Healthcare Services dba Ashland Community Hospital, an Oregon nonprofit public benefit corporation ("ACH"), with an address at 280 Maple Street, Ashland, OR 97520. 3. Ashland Community Hospital Foundation, an Oregon nonprofit public benefit corporation ("ACH Foundation"), with an address at 280 Maple Street, Ashland, OR 97520. 4. City of Ashland, an Oregon municipal corporation ("City"), with an address at 20 East Main Street, Ashland, OR 97520. RECITALS: ACH A. ACH is tax exempt under Section 501(c)(3) of the Code and is a nonprivate foundation under Sections 509(a)(1) and 170(b)(1)(A)(iii) of the Code which together describe a charitable hospital. The City is the sole member of ACH. ACH owns and operates Ashland Community Hospital, which is located in Ashland, Oregon. Ashland Community Hospital is licensed by the Oregon Health Authority ("OHA") Public Health Division as a general hospital for 49 beds and three satellite locations: (1) ACH Center for Family Medicine, 628 North Main Street, Ashland, OR 97520; (2) ACH Center for Internal Medicine, 560 Catalina Drive, Ashland, OR 97520; and (3) ACH Center for Family Medicine, 49 Talent Avenue, Talent, OR 97540. B. In addition, ACH owns and operates Ashland Home Health Agency, 1970 Ashland St, Suite 1, Ashland, OR 97520, which is licensed by the OHA Public Health Division as a home health agency. C. In addition, ACH owns and operates Ashland Community Hospital Hospice, 1970 Ashland St., Ashland, OR 97520, which is licensed by the OHA Public Health Division as a hospice. Page 1 - AFFILIATION AGREEMENT PDXDOCS:1998401.9 D. In addition, ACH owns and/or operates health or other services in a number of locations as further described in Section 32.10.5 and Schedule 32.10.5. ACH FOUNDATION E. ACH Foundation is tax exempt under Section 501(c)(3) of the Code and is a nonprivate foundation under Sections 509(a)(1) and 170(b)(1)(A)(vi) of the Code, which together describe a public charity. ACH Foundation has members who are individuals, but ACH Foundation is an independent foundation in that neither ACH, the City, nor Asante are members of ACH Foundation. ACH Foundation's mission is to support ACH. F. Among the assets owned by ACH Foundation are five parcels of real property which are critical to the successful operation of ACH. Pursuant to and subject to the terms and conditions of this Agreement, at the Closing ACH Foundation will convey to ACH fee simple title to the five parcels as provided in Section 9.2 and its subsections. CITY G. The City is the sole member of ACH. H. Among the assets owned by the City are two parcels of real property which the City leases to ACH pursuant to a Facilities Lease dated June 18, 1996, as amended. Pursuant to and subject to the terms and conditions of this Agreement, at the Closing the City will convey to ACH fee simple title to the two parcels as provided in Section 9.1. ASANTE 1. Asante is tax exempt under Section 501(c)(3) of the Code and is a nonprivate foundation under Sections 509(a)(1) and 170(b)(1)(A)(iii) of the Code which together describe a charitable hospital. Asante owns and operates Rogue Regional Medical Center in Medford, Oregon and Three Rivers Medical Center in Grants Pass, Oregon. In addition, Asante is the sole member of certain affiliated health care organizations and fundraising foundations. Asante's mission is to provide quality healthcare services in a compassionate manner valued by the communities it serves. Asante's service area includes without limitation nine southern Oregon and northern California counties. J. Pursuant to a Letter of Intent dated February 13, 2013 and executed by the Parties on February 19, 2013 (the "Letter of Intent" or "LOI"), the Parties agreed to pursue a transaction in which ACH will affiliate with Asante and integrate with Asante, and in which Asante will become the sole member of ACH as of the Closing Date (as defined in Section 27.2 and its subsections) (the "Affiliation"). As a result of the Affiliation, ACH will continue to serve the health needs of the communities served by ACH. Page 2 - AFFILIATION AGREEMENT PDXDOCS:1998401.9 K. Effective March 11, 2013, Asante and ACH entered into a Management Agreement pursuant to which Asante fully manages ACH. Upon the Closing of this Agreement, the Management Agreement will terminate, if not earlier terminated according to its terms. L. The Parties have entered into this Agreement for the affiliation and integration of ACH and Asante to achieve the following purposes, principles, vision and values: 1. Community Benefit. The Affiliation of ACH and Asante is being undertaken to serve the community interest and is being done in the best interests of all relevant constituent groups in the region. Specifically, the Parties desire to combine their efforts to further improve health care in the Ashland area as well as the delivery of patient and person-centered health care to the region and the enhancement of services availability and access. The Asante and ACH Board members believe this Agreement for the Affiliation of ACH and Asante will provide significant benefits to: i. The community by enhancing a community health resource (ACH) dedicated to having the ability to improve the health status of the population while managing the per capita costs to provide affordability; ii. The patients by providing access to a patient focused continuum of high quality, integrated healthcare services through convenient local primary care access points and specialty services; and iii. The physicians by creating growth opportunities for existing physician practices, increasing access to specialists, and assuring the continued availability of local primary care physicians and expanding practice support services. 2. Vision and Values. The Parties share the common values of the need for the strong involvement of community leaders in the delivery of health care. The Parties desire a healthcare system providing the Ashland area community with quality healthcare providers conveniently accessible and capable of meeting the full range of needs of the community. The Parties desire to combine their efforts to further improve health care in the Ashland area and surrounding communities as well as the delivery of patient and person-centered health care to the region and the enhancement of service availability and access. M. The transactions contemplated by this Agreement are exempt from the notice, public hearing and approval requirements of ORS 65.803 pursuant to ORS 65.803(4) because the City, which is a political subdivision of the state of Oregon, controls the operations of ACH. N. This Agreement is the Definitive Agreement between the Parties with respect to the Affiliation. AGREEMENT: NOW THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the Parties agree as follows: Page 3 - AFFILIATION AGREEMENT PDXDOCS: 1998401.9 I . Change of Membership. Effective as of the Closing Date, the City and ACH shall amend or restate the articles of incorporation and corporate bylaws of ACH (respectively, the "ACH Amended Articles" and "ACH Amended Bylaws") to provide that Asante shall be the sole member of ACH. This shall be deemed to be a transfer by the City of its sole membership interest in ACH to Asante. 2. Corporate Structure and Governance of ACH. The sole member of ACH shall become Asante, an Oregon nonprofit corporation that is exempt from federal income tax under Section 501(c)(3) of the Code. Effective as of the Closing Date, the City and ACH shall amend or restate ACH's articles of incorporation and corporate bylaws to conform to the forms attached hereto as Exhibits 27.3.2.1 and 27.3.2.2, respectively, which shall include provisions to the following effect: 2.1 Sole Corporate Member; Reserve Powers. Subject to the terms and conditions of this Agreement and effective as of Closing, Asante shall have all the powers, rights and authorities of the sole corporate member of ACH, including without limitation the reserve and related powers of Asante described in the ACH Amended Bylaws. 2.2 Board of Directors. The ACH board of directors shall be comprised of the same individuals as the Asante board of directors ("Asante Board"). The individuals who are from time to time members of the Asante Board shall serve simultaneously as the members of the board of directors of ACH (the "ACH Board") for so long as they serve on the Asante Board. The individuals who are ex-officio members of the Asante Board shall be ex-officio members of the ACH Board. The individuals who serve from time to time as the officers of Asante shall serve simultaneously as the corresponding officers of ACH. Additional governance provisions which will be contained in the ACH Amended Bylaws and in the corporate bylaws of Asante, as appropriate, are in Section 12 of this Agreement and its subsections. 2.3 Mission Statement. ACH shall adopt Asante's mission statement, as set forth in Exhibit 2.3 attached hereto, to reflect its affiliation with Asante. 2.4 Annual Meeting. The annual meeting of the ACH Board shall be held each year, during the same week as the Asante Board's annual meeting. 2.5 Fiscal Year. ACH's fiscal year end shall be changed to September 30 effective on the first September 30 following the Closing Date. 2.6 Asante Policies. ACH shall abide by, follow, and be subject to each of the policies, systems, and procedures of Asante, as the same may be changed from time to.time, and operate as a part of the health care system comprised of hospitals and health care organizations owned and operated by Asante. 3. ACH Foundation. ACH Foundation shall retain its legal structure as an independent public benefit corporation until such time as ACH Foundation and Asante mutually agree to Page 4 - AFFILIATION AGREEMENT PDXDOCS:1998401.9 affiliate more closely. During the period of time Asante operates ACH as a general hospital in accordance with OAR 333-500-0032(2)(a) (hereinafter "General Hospital'), but in no event longer then fifteen years after the Closing Date, Asante will maintain a staffed ACH Foundation office on the ACH campus, subject to the requirement that ACH Foundation exists to provide and does provide financial support exclusively to ACH. Asante, ACH, and ACH Foundation will each comply with the terms of any restricted grant or fund. For as long as Asante operates ACH as a General Hospital, but subject to the requirement that ACH Foundation exists to provide and does provide financial support exclusively to ACH continuously during the period of time Asante operates ACH as a General Hospital, if Asante fails to maintain a staffed office for ACH Foundation at ACH during the time that Asante operates ACH as a General Hospital, then at the time that Asante ceases to maintain a staffed office for ACH Foundation (the "Cessation"), Asante will pay to ACH Foundation the following sum: (1) if the Cessation occurs during the first three years after the Closing of this Agreement, Asante will pay to ACH Foundation a sum equal to the cost of operating ACH Foundation for the remaining balance of the first three years following the Closing of this Agreement, provided that such sum shall not be less than the cost of operating ACH Foundation for one year; or (2) if the Cessation occurs after the first three years following the Closing of this Agreement but prior to the expiration of 15 years following the the Closing of this Agreement, then Asante will pay to ACH Foundation a sum equal to the cost of operating ACH Foundation for one year. For the purposes of this Agreement, the cost of operating ACH Foundation will include the costs that ACH Foundation will incur to pay for staff, facilities, goods and services comparable to those provided for ACH Foundation at ACH on average, during the twelve months prior to the Cessation. 4. No Other Consideration. No other consideration not specified in this Agreement shall be provided by Asante to ACH, ACH Foundation, or the City. 5. Commitments by Asante in First Three Years. During the first three years after the Closing Date, Asante agrees to the following two commitments in Sections 5.1 and 5.2: 5.1 Operate ACH as a General Hospital; and 5.2 ACH Financial Operations. 5.2.1 Make minimum investments in ACH for capital improvements owned by ACH, of at least $10 million consisting of no less than $2.5 million invested within the first year after the Closing Date, no less than a cumulative total of $5.5 million invested within the first two years after the Closing Date, and no less than a cumulative total of $10 million invested within the first three years after the Closing Date. The term "capital improvements" for purposes of this Agreement shall mean any expenditure that would be appropriately capitalized based on generally accepted accounting principles ("GAAP"), and shall include without limitation capital costs associated with information technology and associated with the rental or development of medical office buildings rented or owned by ACH in Ashland and/or the equipping thereof. Page 5 - AFFILIATION AGREEMENT PDXDOCS:1998401.9 5.2.2 Fund the Ashland Community Hospital Retirement Plan (the "Plan") in the amounts equal to at least an average of $900,000 annually. 5.2.3 Not cause any distributions of real property from ACH to Asante, or any other entity. 5.2.4 In the event of a reversion in Section 6 and its subsections or Section 8 and its subsections, ACH's cash balance on the date of reversion will be equal to or greater than ACH's cash balance on the Closing Date. 5.3 Verification; Audit. The investments by Asante shall be subject to written verification and/or audit of the amounts actually paid by Asante for investments in ACH in the form of capital improvements. Asante will provide the City and ACH Foundation with a written statement within 120 days after the end of the first 12 month period after the Closing Date showing the amount actually paid or spent by Asante for investments in ACH in the form of capital improvements during the first 12 months after the Closing Date, and the capital improvements on which the amount was paid or spent. Similar written statements shall be provided by Asante to the City and ACH Foundation within 120 days after the end of the second and third 12 month periods after the Closing Date. The City, ACH Foundation, or both of them may request an audit in writing to Asante within 30 days after receipt by the City and the Foundation of Asante's written statement for the applicable year in the first three years after the Closing Date. Whichever Party may request an audit, whether it is the City or the Foundation, shall be responsible for paying the costs and expenses of the audit unless the audit discloses an overstatement by Asante in excess of $10,000, in which case Asante will pay for the audit. Asante agrees to make available to the auditor Asante's books and records relating to the amounts paid by Asante for the investments in ACH in the form of capital improvements. 6. Event of Default Regarding Section 5.1; City's Reversionary Clause. In the event Asante does not operate ACH as a General Hospital, as evidenced by revocation by Oregon Health Care Licensure of ACH's license as a General Hospital, during the first three years after the Closing Date as provided in Section 5. 1, and in the event Asante has not activated the reversionary clause as described in Section 8 (either or any of Sections 8.1, 8.2, or 8.3), the City shall have the right to activate the reversionary clause in this Section 6 ("City's Reversionary Clause"), in the City's sole discretion, by providing written notice to Asante and ACH Foundation within 30 days after the date, if any, that Asante does not operate ACH as a General Hospital at any time during the first three years after the Closing Date. 6.1 Effect of City's Reversionary Clause. In the event the City timely activates the City's Reversionary Clause as provided in Section 6, Asante agrees to do the following in Sections 6. 1.1 and 6.1.2: 6.1.1 Asante will orderly transfer its sole membership and operations in ACH to the City, and the City will thereafter have the right to deal with ACH in accordance with the City's rights as the sole member of ACH. Asante will orderly transfer its sole membership and operations in ACH by amending or restating the articles of incorporation and corporate bylaws of Page 6 - AFFILIATION AGREEMENT PDXDOCS:1998401.9 ACH, within 60 days of receipt of the City's written notice in Section 6 of activation of the City's Reversionary Clause, to provide that the City will be the sole member upon the date the amended or restated articles of incorporation are filed with the Oregon Corporation Division. The City shall have the right to review the amended or restated articles of incorporation of ACH in advance of Asante filing them, and the City shall have the right to comment to Asante on the amended or restated articles of incorporation for the purpose of assuring that the amended or restated articles will achieve their intended purpose of making the City the sole member of ACH. In addition, Asante will give the City access to and the right to copy or obtain electronic access to the books and records of Asante with respect to ACH and its operations, with the intent being that the City will be able to own and operate ACH in the event the City activates the City's Reversionary Clause. 6.1.2 Asante will pay to ACH $8 million, reduced by the amount of contributions in excess of an average of $900,000 annually paid by Asante to the Plan, such reduction not to exceed $2 million total, on or within 60 days after the date that the amended or restated articles of incorporation of ACH are filed with the Oregon Corporation Division, as described in Section 6.1.1; provided however that if Asante in its sole discretion pays the Umpqua Bank loan in full, Asante shall have no obligation to pay ACH the aforedescribed $8 million, as adjusted. 6.1.3 Upon payment of the $8 million, as adjusted, by Asante to ACH, the funding of at least an average of $900,000 annually to the Plan, and the filing of the amended or restated articles of incorporation of ACH with the Oregon Corporation Division as provided in Section 6.1.2, Asante shall have no further liability with respect to the Plan, to ACH, the City, ACH Foundation and/or to any persons or entities who are sponsors of, participants in, or beneficiaries of or with respect to or arising from the Plan, and all such liability shall thereafter be with and for the account of ACH and the City. This exoneration of Asante from liability shall be in addition to the satisfaction of liability provisions of Section 6.2. 6.2 Effect of $8 Million Payment, as Adjusted, by Asante. In the event the City activates the City's Reversionary Clause in Section 6, the $8 million payment, as adjusted, by Asante to ACH as provided in Section 6.1.2 shall be deemed to be in full satisfaction of any liability or claim for damages, injunctive relief or otherwise owing to ACH, the City of Ashland and/or ACH Foundation arising out of this Agreement except for (1) the City's interest as an additional insured under Asante's or ACH's general liability policy from the signing of this Agreement until the earlier of three years after the Closing Date or any reversion of Asante's sole membership interest in ACH to the City under this Section 6 and its subsections, (2) the agreement to pay the amounts described in subsection 5.2.1 or Section 7 and its subsections, whichever may be applicable, up to the date of any default, prorated for the month or partial month of the year in which Asante defaults, if at all, and (3) the agreement in subsection 5.2.4 that ACH's cash balance on the date of reversion will be equal to or greater than ACH's cash balance on the Closing Date. In the event of a reversion pursuant to Section 6 and its subsections, the Plan liability of ACH shall be with ACH and the City after the reversion of Asante's sole membership interest in ACH, and Asante shall have no further liability with respect to those liabilities. Without limitation of the foregoing provisions of this Section 6.2, any and all costs, Page 7 - AFFILIATION AGREEMENT PDXDOCS:1998401.9 including without limitation personnel costs incurred by Asante associated with maintaining ACH medical, information, or telecommunication system licenses, licensure and operating agreements shall be the responsibility of Asante prior to the payment of the $8 million in subsection 6.1.3, and shall by the responsibility of the City and ACH commencing with the date of the payment by Asante of the $8 million, as adjusted, as provided in subsection 6.1.3. 6.3 Real Property. The real and personal property conveyed by the City and ACH Foundation to ACH at the Closing shall remain with ACH during the first three years after the Closing. The property conveyed by the City to ACH shall remain with ACH upon the reversion in this Section 6 and its subsections. 7. Event of Default Regarding Subsection 5.2.1. Subject to Section 7.1, in the event Asante defaults in payment of at least $2.5 million in ACH capital investments within the first year after the Closing Date as provided in subsection 5.2.1, Asante will pay ACH Foundation the difference between $2.5 million and the lesser amount Asante actually paid during the first year after the Closing Date. Subject to Section 7. 1, in the event Asante defaults in payment of at least a cumulative total of $5.5 million in ACH capital investments within the first two years after the Closing Date as provided in subsection 5.2.1, Asante will pay ACH Foundation the difference between $5.5 million and the lesser amount Asante actually paid during the first two years after the Closing Date. Subject to Section 7.1, in the event Asante defaults in payment of at least a cumulative total of $10 million in ACH capital investments within the first three years after the Closing Date as provided in subsection 5.2.1, Asante will pay ACH Foundation the difference between $10 million and the lesser amount Asante actually paid during the first three years after the Closing Date, which amount will be verified as per Section 5.3. 7.1 Default under Section 7; Verification: Audit. In the event the written statement provided by Asante to the City and ACH Foundation pursuant to Section 5.3 shows that Asante did not make the minimum investments in ACH capital improvements during any of the first three years as provided in Section 7, or in the event any audit requested pursuant to Section 5.3 shows that Asante did not make the minimum investments in ACH capital improvements during any of the first three years as provided in Section 7, Asante will be in default in payment of the applicable amount for the applicable year in Section 7, in which case Asante will pay ACH Foundation the difference between the amount Asante was obligated to pay under Section 7 and the lesser amount Asante actually paid during the applicable year. In the event of a default in payment by Asante as defined in the immediately preceding sentence in this Section 7.1, Asante will pay any amount due to ACH Foundation under Section 7, as further provided in Section 7.1, within 90 days after the written verification and/or audit is completed. 7.2 Effect of the Payments by Asante to ACH Foundation. The payments by Asante pursuant to this Section 7 and its subsections with respect to default in payment of the $10 million or the portion thereof as provided in Section 7 shall be in full satisfaction of any liability or claim for damages, injunctive relieve or otherwise owing to the City, ACH, or ACH Foundation arising out of this Agreement, except for (1) Asante's agreement to operate ACH as a General Hospital during the first three years after the Closing Date as provided in Section 5. 1, or, in the event Section 9.8 is applicable, Asante's agreement to operate ACH as a General Hospital Page 8 - AFFILIATION AGREEMENT PDXDOCS:1998401.9 in Section 9.8 in years four through fifteen after the Closing Date, (2) the City's interest as an additional insured under Asante's or ACH's general liability policy from the signing of this Agreement until the earlier of three years after the Closing Date or any reversion of Asante's sole membership interest in ACH to the City under Section 6 and its subsections, (3) the agreement to pay the amounts described in subsection 5.2.1 or to pay to ACH Foundation the amount required to be paid in Section 7 and its subsections in the event of a default in payment by Asante under Section 7.1 up to the date of any default, whichever may be applicable, prorated for the month or partial month of the year in which Asante defaults, if at all, in the payment of the applicable amounts required, and (4) any obligation of Asante with respect to a staffed ACH Foundation office as provided in Section 3. 8. Asante's Reversionary Clause. Subject to the terms and conditions of this Section 8 and elsewhere in this Agreement, Asante shall have the right, at its sole discretion, to cause a reversion of its sole membership interest in ACH to the City pursuant to this Section 8 and its subsections if any one or more of the following events in Section 8.1, 8.2, or 8.3 occur at any time within the first three years after the Closing Date ("Asante's Reversionary Clause"): 8.1 Unfunded Defined Benefit Pension Liability of ACH. The unfunded Plan liability, based on GAAP standards plus any cash payments made into the Plan at any time during the first three years exceeds $16 million at any time during the first three years ending after the Closing Date. Prior to the Closing Date of this Agreement, the Plan is a governmental plan under Section 414(d) of the Code. The Plan received a favorable determination letter from the Internal Revenue Service in 1997. The Plan was frozen effective December 31, 2006, which eliminated future benefit accruals and closed the Plan to new entrants. After the Closing Date, the Plan will become a nongovernmental plan. Milliman, Inc., actuaries shall make a written determination within 180 days after the end of each of the first three full Plan years after the Closing Date as to whether the Plan has an unfunded defined benefit pension plan liability which exceeds $16 million. Asante or ACH shall be responsible for paying for the cost of each such determination by Milliman, Inc. The determination of Milliman, Inc. shall be final and binding on the Parties. Asante shall provide the City and ACH Foundation with a copy of the determination of Milliman, Inc. within 30 days of receipt by Asante of the determination from Milliman, Inc.; or 8.2 It is determined at any time during the first three years that there are liabilities that have a negative impact of $4 million or more on the ACH Income Statement or Balance Sheet, as defined in and prepared in accordance with GAAP, as a result of any unknown liabilities or known liabilities arising from acts or omissions that occurred prior to the Closing Date and which are not quantifiable at the time of the Closing Date of this Agreement, excluding: (1) the unfunded Plan liability described in Section 8.1, (2) the existing Umpqua Bank loan to ACH, and (3) all liabilities in the amount stated on the ACH Balance Sheet immediately prior to the Closing; provided, however, that any liabilities arising from Asante's negligent acts or omissions after the Closing shall not be counted in determining a negative impact of $4 million or more; or 8.3 Acts or omissions that occurred prior to the Closing Date cause (1) the federal tax exempt status of ACH under Code Section 501(c)(3) or nonprivate foundation status under Code Page 9 - AFFILIATION AGREEMENT PDXDOCS:1998401.9 Sections 509(a)(1) and 170(b)(1)(A)(iii) to be terminated or revoked, or (2) the Medicare and/or Medicaid provider status of ACH to be terminated or revoked. 8.4 Activation of Asante's Reversionary Clause. If any one or more of the events described in Sections 8.1, 8.2, and/or 8.3 occurs within the first three years after the Closing Date, Asante shall have the right to activate Asante's Reversionary Clause by giving written notice to the City and ACH Foundation at any time following the determination in Section 8.1 or 8.2, or within 60 days of the termination or revocation in Section 8.3. 8.5 Effect of Activation of Asante's Reversionary Clause. In the event Asante activates Asante's Reversionary Clause, Asante agrees to do the following: 8.5.1 Asante will orderly transfer its sole membership and operations in ACH to the City, and the City will thereafter have the right to deal with ACH in accordance with the City's rights as the sole member of ACH. Asante will orderly transfer its sole membership and operations in ACH by amending or restating the articles of incorporation and corporate bylaws of ACH, within 45 days of activation of Asante's Reversionary Clause, to provide that the City will be the sole member upon the date the amended or restated articles of incorporation are filed with the Oregon Corporation Division. The City shall have the right to review the amended or restated articles of incorporation of ACH in advance of Asante filing them, and the City shall have the right to comment to Asante on the amended or restated articles of incorporation for the purpose of assuring that the amended or restated articles will achieve their intended purpose of making the City the sole member of ACH. In addition, Asante will give the City access to and the right to copy or obtain electronic access to the books and records of Asante with respect to ACH and its operations, with the intent being that the City will be able to own and operate ACH in the event Asante activates Asante's Reversionary Clause. 8.5.2 In the event Asante activates Asante's Reversionary Clause and effective upon the filing of the amended or restated articles of incorporation of ACH with the Oregon Corporation Division as provided in Section 8.5.1, Asante shall have no further liability to ACH, the City, ACH Foundation and/or to any persons or entities who are sponsors of, participants in, or beneficiaries of the Plan with respect to the Plan which was frozen effective December 31, 2006, or defined contribution plan funded quarterly, and all such liability shall be with and for the account of ACH and the City. This exoneration of Asante from liability after the filing of the amended or restated articles of incorporation of ACH shall be in addition to the satisfaction of liability provisions of Section 8.6. In the event the City's Reversionary Clause is activated or Asante's Reversionary Clause is activated, the City shall indemnify and hold harmless Asante and its officers, directors, employees and agents from and against any claims, liabilities, losses, damages and expenses arising from or with respect to the Plan. 8.6 Effect of Transfer of Sole Membership by Asante to the City. In the event Asante activates Asante's Reversionary Clause in Section 8 and its subsections, any such transfer of sole membership in ACH by Asante to the City described in Section 8.5 is in full satisfaction of any liability or claim for damages, injunctive relief or otherwise owing to ACH or the City arising out of the Agreement, except for (1) the agreement to pay the amounts described in subsection Page 10 -AFFILIATION AGREEMENT PDXDOCS: 1998401.9 5.2.1 or Section 7, whichever may be applicable, up to the date Asante triggers or activates Asante's Reversionary Clause, prorated for the month or partial month of the year in which Asante triggers or activates Asante's Reversionary Clause, if at all, and (2) the agreement in subsection 5.2.4 that ACH's cash balance on the date of reversion will be equal to or greater than ACH's cash balance on the Closing Date. In the event of a reversion pursuant to Section 8 and its subsections, the defined benefit pension liability of ACH and the Umpqua Bank liability of ACH will remain with ACH and the City after the reversion of Asante's sole membership interest in ACH to the City, and Asante shall have no liability with respect to those liabilities. Without limitation of the foregoing provisions of this Section 8.6, any and all costs, including without limitation personnel costs incurred by Asante associated with maintaining ACH medical, information, or telecommunication systems licenses, licensure, and operating agreements prior to a reversion pursuant to Section 8 and its subsections shall be the responsibility of Asante, and such costs incurred thereafter shall be the responsibility of the City and ACH commencing with the effective date of the filing of the amended or restated articles of incorporation of ACH as referred to in Section 8.5.2. 9. Real Estate Arrangements Among the Parties. The Parties agree to each of the following: 9.1 Conveyances By the City to ACH. Prior to the Closing, the City and ACH are parties to an unrecorded Facilities Lease entered into June 18, 1996 pursuant to which the City leases to ACH the two parcels of real property described in Exhibit 9.1, together with all facilities and other improvements located thereon including but not limited to land improvements, buildings and fixed equipment. Effective upon the Closing Date, the City shall convey to ACH all of the City's assets leased by the City to ACH including without limitation the two parcels of real property described in Exhibit 9.1 and the improvements, buildings and fixed equipment located thereon. The two parcels of real property described in Exhibit 9.1 are (1) Parcel I on which the main hospital buildings of ACH are located, with a situs address of 278 and 280 Maple St., Ashland, OR 97520, and (2) Parcel V on which ACH Internal Medicine and Information Technology operations are located, with a situs address of 560 Catalina Dr., Ashland, OR 97520. The City shall convey to ACH at the Closing fee simple title to the two parcels of real property described in Exhibit 9.1 and all improvements, buildings and fixed equipment located thereon by statutory warranty deeds and bills of sale, free and clear of all liens and encumbrances except for the line of credit deed of trust of Umpqua Bank dated January 5, 2004, recorded January 9, 2004 in the Jackson County Official Records as No. 2004-001245. The City and ACH agree to obtain the written consent of Umpqua Bank to the conveyance of Parcel I to ACH. The form of the statutory warranty deeds are attached as Exhibit 9.1A and 9.113. 9.2 Conveyances by ACH Foundation to ACH. Effective upon the Closing Date, ACH Foundation shall convey to ACH fee simple title to the following five specific parcels.of real property owned by ACH Foundation, including without limitation the land, buildings, improvements, and fixed equipment: 9.2.1 317 Maple Street, Ashland, Oregon (house used for storage), as legally described in Exhibit 9.2.1 as Parcel III. Page 11 -AFFILIATION AGREEMENT PMDOCS:1998401.9 9.2.2 530 Catalina Street, Ashland, Oregon (parking lot), as legally described in Exhibit 9.2.2 as Parcel VI. 9.2.3 628 North Main Street, Ashland, Oregon (medical office building), as legally described in Exhibit 9.2.3 as Parcel VIII. 9.2.4 49 Talent Avenue, Talent, Oregon (medical office building), as legally described in Exhibit 9.2.4 as Parcel XI, Tract A. 9.2.5 209 North Pacific Highway, Talent, Oregon (commercial building to be used for storage and possibly offices), as legally described in Exhibit 9.2.5 as Parcel X. 9.3 Terms of Conveyances by ACH Foundation. The conveyances by ACH Foundation to ACH of each of the five aforedescribed parcels of real property and all buildings, improvements and fixed equipment located thereon at the Closing shall be by statutory warranty deeds (except for Parcel XI, Tract A described in Section 9.2.4 which may be by bargain and sale deed) and bills of sale, free and clear of all liens and encumbrances except for the existing lien in the amount of approximately $82,000 encumbering the property at 209 North Pacific Highway in Talent, Oregon (the "Talent Property" described in Section 9.2.5 above) which Asante agrees to assume or pay off as of the Closing Date, and to pay the promissory note in connection with such existing lien according to its terms. ACH will grant to ACH Foundation (or ACH Foundation may reserve) an easement across the Talent Property for access to other property owned by ACH Foundation, and ACH Foundation will grant to ACH an easement across other property owned by ACH Foundation for access to the Talent Property. 9.4 License For and Guarantee of Parking Spaces at 588 North Main Street in Ashland. ACH Foundation also owns a parcel of real property located at 588 North Main Street, Ashland, Oregon, which is legally described on Exhibit 9.4 as Parcel IX, Tract F. This parcel of real property will not be conveyed by ACH Foundation to ACH, but commencing on the Closing Date, ACH Foundation hereby licenses and guarantees to ACH and Asante the unrestricted use of 10 parking spaces on this parcel for visitors (i.e., patients and invitees) to ACH Family Medicine, which is located at 628 North Main Street, Ashland, Oregon, which is described in Section 9.2.3 above. This license and guarantee by ACH Foundation shall be perpetual, subject to revocation by ACH Foundation only in the event of a reversion of Asante's sole membership interest in ACH under Sections 6 or 8. 9.5 ACH Foundation Reversionary Clause. Commencing on the Closing Date, ACH Foundation shall have a reversionary clause ("ACH Foundation Reversionary Clause"), as provided in this Section 9.5, and which will be contained in each of the five deeds from ACH Foundation to ACH as described in Section 9.3, which will provide that in the event Asante does not operate ACH as a General Hospital during the first three years after the Closing Date as described in Section 5.1, or in the event Asante activates Asante's Reversionary Clause with respect to Asante's sole membership interest in ACH as provided in Section 8 and its subsections, ACH Foundation will have the right, in its sole discretion, to activate the Page 12 - AFFILIATION AGREEMENT PDXDOCS:1998401.9 reversionary clause(s) in any one or more or all of the five deeds by providing written notice to Asante and the City within 90 days after the occurrence of either such event. 9.6 Obligation of Asante and ACH if ACH Foundation Reversionary Clause is Activated. In the event ACH Foundation activates the ACH Foundation Reversionary Clause with respect to any one or more of the deeds described in Section 9.5, Asante shall cause ACH to reconvey to ACH Foundation the real property and all buildings, improvements and fixed equipment located on the parcels of property described in the written notice of activation of the ACH Foundation Reversionary Clause. Such reconveyance(s) by ACH to ACH Foundation shall be by statutory warranty deed for properties conveyed by ACH Foundation to ACH by statutory warranty deed and by a special warranty deed for any property conveyed by ACH Foundation to ACH by a bargain and sale deed, as applicable to the parcel being reconveyed, as provided in Section 9.3, and each such deed will be subject to any liens and encumbrances which existed against such real property as of the Closing Date (provided the indebtedness secured by any such lien or encumbrance shall not exceed the amount of such indebtedness at the time of conveyance of the property by ACH Foundation to ACH), but will not be subject to any liens and encumbrances created or suffered by ACH or Asante after the Closing. Any such reconveyance(s) by ACH to ACH Foundation described in this Section 9.6 shall be delivered by ACH to ACH Foundation within 60 days of receipt by ACH and Asante of the written notice from ACH Foundation of activation of the ACH Foundation Reversionary Clause. 9.7 Effect of Reconveyance from ACH to ACH Foundation. In the event the reversionary clause in Section 9.5 is activated, the reconveyance of the assets by ACH to ACH Foundation shall be in full satisfaction of any liability or claim for damages, injunctive relief or otherwise owing to ACH Foundation arising from any obligation of Asante to meet or perform the agreement to operate ACH as a General Hospital in Section 5.1, except for (1) the agreement of Asante to fund capital improvements as provided in subsection 5.2.1, or (2) the agreement of Asante to pay to ACH Foundation amounts required to be paid in Section 7 (as further provided in Section 7.1), whichever may be applicable, up to the date Asante triggers the reversionary clause, prorated for the month or partial month of the year in which Asante triggers the reversionary clause, if at all. 9.8 Years Four through Fifteen after Closing. For the first three years after the Closing Date, and in the event (1) Asante has not activated Asante's Reversionary Clause in Section 8 and (2) Asante does not cease operating ACH as a General Hospital during the first three years after the Closing Date as provided in Section 5.1, Asante further agrees that it will operate ACH as a General Hospital for an additional twelve (12) years. In the event the twelve (12) year period of ACH operating as a General Hospital is not satisfied, Asante will pay to the City $4 million in full satisfaction of any liability or claim for damages, injunctive relief or otherwise arising out of this Agreement, including without limitation any liability or claim that Asante is obligated to operate ACH as a General Hospital for an additional twelve (12) years, except for any required payments from Asante to ACH Foundation in Section 7 (as further provided in Section 7.1). In the event the condition with respect to the $4 million payment by Asante is applicable, Asante will make the payment within 60 days of the date Asante ceases operating ACH as a General Hospital. Page 13 - AFFILIATION AGREEMENT PDXDOCS:1998401.9 9.9 Additional Agreements of the Parties Relating to the Conveyance of Real Property. Attached as Exhibit 9.9 are additional agreements of the Parties relating to (1) the conveyance by the City to ACH of the two parcels of real property described in Section 9.1, and (2) the conveyance by ACH Foundation to ACH of the five parcels of real property described in Section 9.2 and its subsections. The agreements of the Parties in Exhibit 9.9 are incorporated into this Agreement by this reference and shall have the same force and effect as if such agreements were set forth as a section or part of this Agreement. 10. Finances; PERS. The City agrees to assume any liability of ACH related to the Public Employees Retirement System ("PERS") retirement plan of the City, including without limitation any such liability and/or unfunded liability or surplus with respect to the participation of the employees of ACH who were employees of ACH prior to and/or after July 1, 1996, irrespective of whether any one or more of such employees remain as employees of ACH as of the Closing Date or thereafter. In the event ORS 236.610(7) is applicable, which the Parties deny, this Section 10 constitutes the written agreement described in ORS 236.610(7). 11. Hospital Name. The name/branding of ACH will be Asante Ashland Community Hospital (or similar), in a manner substantially consistent with Asante's existing hospital facilities, Asante Rogue Regional Medical Center and Asante Three Rivers Medical Center. 12. Governance. 12.1 On Closing, Asante will elect a new Board of Directors for ACH, which will consist of the Asante Board. Each of the persons on the board of directors of ACH prior to the Closing Date shall resign as a board member of ACH effective concurrent with Closing. Immediately after the Closing, ACH will form an "Advisory Board" of community members which will consist of the persons on the ACH Board of Directors immediately prior to Closing, and shall include the current chief of the ACH Medical Staff up to two additional medical staff members and the Asante Chief Quality and Medical Officer. 12.2 The Chair of the ACH Advisory Board shall become an ex-officio, voting member of the Asante Board. 12.3 The current Chief of the ACH Medical Staff shall become an ex-officio, non- voting member of the Asante Board. 12.4 The ACH Advisory Board will have specific responsibility for monitoring patient safety and quality of care at ACH, and for confirming credentialing and other decisions of the ACH Medical Staff. The ACH Advisory Board actions and minutes will be submitted to the Asante Board, which will have the final approval authority. 12.5 It is the intent of all Parties that the ACH Advisory Board will become the Asante Ashland Community Hospital Quality Committee. The agreements in Section 12.1 through 12.4 will be in effect until the date the ACH Advisory Board becomes the Asante Ashland Page 14 -AFFILIATION AGREEMENT PDXDOCS:1998401.9 Community Hospital Quality Committee. Thereafter, the level of representation of the Ashland community on the Asante Board will be in accordance with the Asante corporate bylaws. 12.6 It is Asante's desire to merge ACH into Asante. The timing of this desire will be at Asante's sole discretion but in any event not before three years after Closing. 13. Covenant Not to Compete. The City and ACH Foundation each agree that they shall not either together or individually or with any other person or entity directly or indirectly own or operate or be affiliated with a hospital or other healthcare facility or service in competition with Asante Ashland Community Hospital in Jackson County, Oregon for the lesser of 15 years from the Closing Date or the date of a reversion in Sections 6, 8, or 9.5 and any applicable subsections of those Sections unless Asante withdraws all healthcare services from Ashland, Oregon. ACH Foundation's land lease arrangement for a retirement facility at 548 N. Main Street in Ashland, Oregon shall not be considered to violate the foregoing agreement so long as the suite of services provided as of the Closing do not substantively change after Closing The Parties acknowledge that the geographic and practice restrictions in this Section and the time period(s) of such restrictions are reasonable and necessary for the adequate protection of Asante's interests and agreements in this Agreement. A violation of any of the terms of this Section will cause irreparable harm and injury to Asante and ACH, the extent of which is extremely difficult or impossible to ascertain, and any remedy at law for breach of those terns and conditions will be inadequate. Accordingly, Asante and ACH shall be entitled as a matter of course, in addition to any other rights and remedies, to an injunction issued out of any court of competent jurisdiction or, at Asante's option, from the arbitral tribunal in Section 31.3 enjoining or restraining the City and/or ACH Foundation, as applicable, from continuing to do any act or commit any violation or threatened violation of this Section, and the City and/or ACH Foundation, as applicable, hereby consent to the issuance of such injunction or restraining order and agree that there shall be no bond or other security required in connection therewith. This covenant not to compete shall be construed as an agreement or covenant independent of any other provision of this Agreement. No claim or cause of action asserted by the City and/or ACH Foundation against Asante or ACH or any of their agents, officers, employees, or directors, whether or not predicated on or arising from this Agreement shall constitute a defense to the enforcement of this covenant not to compete. 14. ACH Employees. 14.1 Effective upon the Closing Date, Asante or ACH will extend every effort to offer at-will employment for as many ACH employees as possible at ACH or Asante, but Asante does not guarantee that all or substantially all ACH employees will be employed after the Closing Date. 14.2 Employees of ACH prior to the Closing Date 'who are at risk for not being employed by ACH or Asante after the Closing Date in the same or substantially similar positions which such employees had with ACH prior to the Closing Date, will be eligible to apply for other positions within Asante as though they were internal applicants of Asante, with the Page 15 - AFFILIATION AGREEMENT PDXDOCS:1998401.9 exception of Asante employees who are members of the Oregon Nurses Association (ONA), who will have priority for such positions over such ACH employees. 14.3 Employees losing their jobs as a result of the Affiliation will be offered a severance payment consistent with ACH's severance guidelines immediately prior to the Closing Date. 14.4 Any employee of ACH prior to the Closing who is terminated, discharged, or laid off from employment by ACH prior to the Closing, and who is not rehired or employed by ACH, Asante or Asante Physician Partners after the Closing, shall be paid all wages and/or salary and unused Earned Time Off ("ETO") and other leave benefits payable at the time of such termination of employment not later than the end of the first business day after the termination of employment or discharge by ACH, as provided in ORS 652.140(1). 14.5 Employees of ACH prior to the Closing Date (the "Employees") shall continue to be employed following the Closing Date in the same or substantially similar positions. The Employees will maintain their seniority ("years of service") for the purposes of compensation and benefits programs. Employees will maintain their ACH health and welfare benefits from Closing through December 31, 2013. Employees will maintain accrued ETO and Extended Sick Time (EST) balances. Except as otherwise specifically noted, Employees will become subject to all Asante Human Resources and Administrative policies as of the Closing Date. 14.5.1 From the Closing Date, Employees will be paid their current base compensation rate and applicable differential rates but Employees will move from the ACH step pay system to Asante's merit pay system. 14.5.2 It is the intention of the Parties that as of January 1, 2014, Employees will move from ACH Health and Welfare Benefits and Retirement plans to the Asante plans. 14.5.3 From the Closing Date, Employees will move to the Asante ETO and EST plans including the Asante accrual rates. 14.6 Employees hired to ACH subsequent to the Closing Date will follow all Asante policies and be provided the same compensation and benefits plans as Asante employees. 14.7 Notwithstanding anything to the contrary in this Section 14 and its subsections or elsewhere in this Agreement, no provision of this Agreement is intended to or shall (i) be treated as an amendment to any particular employee benefit plan of Asante, ACH or any of their respective affiliates, (ii) obligate Asante or any of its respective affiliates to (A) maintain any particular benefit plan or arrangement or (B) retain the employment of any particular employee, (iii) prevent Asante or any of its respective affiliates from amending or terminating any benefit plan or arrangement, or (iv) give any third party the right to enforce any of the provisions of this Agreement, or create a continued right of employment for any Employee or employees. Except as limited in this Section, Asante retains the right to change, modify or terminate any wages, benefits, policies and procedures in its sole discretion as it deems appropriate. Page 16 - AFFILIATION AGREEMENT PDXDOCS:1998401.9 15. Medical Staff. 15.1 Upon the Closing Date, the Asante ACH Medical Staff will continue with separate medical staff bylaws (the "Asante ACH Medical Staff Bylaws"), subject to the approval of the ACH Advisory Board and the ACH board of directors, which will be the Asante Board. 15.2 The Asante ACH Medical Staff will be responsible for credentialing and scope of services at ACH, subject to the overall quality requirements of Asante and the requirements of Asante's or ACH's liability coverage. The credential and peer review recommendations of the Asante ACH Medical Staff will be subject to the approval of the ACH Advisory Board and the Asante Board. 15.3 The Closing in and of itself will not impact or change (a) the medical staff privileges for members of the medical staff of ACH on the Closing Date, or (b) any agreements with members of the medical staff, whether the physicians are employed or contracted provided, however, that the foregoing statement shall not be deemed to preclude Asante and ACH from amending any contracts with physicians in accordance with the terms of such contracts or from establishing new procedures consistent with customary practices of other Asante hospitals and industry standards for medical staff approval and maintenance of medical staff privileges after the Closing Date. Further, the Closing will not impact or change the medical staff officers of ACH; such impact or change, if any, would only occur with action taken in accordance with the Asante ACH Medical Staff Bylaws. The consummation of the transactions contemplated in this Agreement shall not result in a need for any reapplications of current members of ACH Medical Staff, except as otherwise required by the Asante ACH Medical Staff Bylaws with respect to expiration of medical staff appointments or credentials. Prior to and after the Closing, Asante and ACH shall work with the medical staff to evaluate and, where feasible, pursue opportunities for medical staff/clinical integration where doing so offers opportunities for advancement in quality of care. 15.4 Upon the Closing, the Asante ACH Medical Staff shall amend its Bylaws as required in this Agreement. 16. Confidentiality. The Parties agree that the exhibits, schedules and appendices to this Agreement are exempt from the Public Records Law (see ORS 192.410) under ORS 192.502(4) ("Confidential Information"), some or all of which may also be exempt under ORS 192.501(2) (as "Trade Secrets"). The Parties mutually agree to treat all such information as confidential, in accordance with the Public Records Law and Sections 36.9, 36.10, 37.5, 38.8, and 38.9, and their respective subsections. In the event of conflict between this Section 16 and any other provision of this Agreement, this Section 16 shall prevail. 17. Public Statements. Subject to Section 2.5 of the Confidentiality and Non-Disclosure Agreement made on or about December 19, 2012 (the "CNDA"): Page 17 - AFFILIATION AGREEMENT PDXDOCS:1998401.9 17.1 All Parties will work together to expeditiously develop mutually agreed upon talking points to be shared with the media and general public. 17.2 No Party shall disclose the terms of or negotiations with respect to the Definitive Agreements until such time as public notice is published for public consideration of the Definitive Agreement by the Ashland City Council. 17.3 No public statements about the proposed affiliation between Asante and ACH will be provided by any spokesperson for any of the Parties without prior approval of the other Parties, provided however, such approval will no longer be required with respect to the Definitive Agreement after notice of Ashland City Council's public consideration of the Definitive Agreement has been published. 17.4 Notwithstanding Sections 17.2 and 17.3, individual Ashland City Councilors may respond to questions from the news media or their constituents as to their views with respect to the proposed Affiliation between Asante and ACH. 18. Due Diligence. The Parties have been conducting due diligence since prior to the execution of the CNDA. The Parties will continue to conduct reasonable due diligence permitting the other Party or Parties and its or their employees, lenders, financial advisors, attorneys, accountants and other authorized representatives reasonable access to the Party's premises, employees, accountants, and books and records, including without limitation corporate compliance, to complete such due diligence investigations customary for transactions of this nature. Each Party shall cause all requested due diligence documents and information to be delivered to the other promptly. During the due diligence process, the interim ACH CEO will be notified of all identified issues that need immediate attention/resolution and will address these issues in a timely fashion. Any additional information discovered by any of the Parties during the due diligence process that has the potential to extend the timeline for successful completion of this Agreement or cause the integration of ACH into Asante to not occur must disclose this information to the other Parties immediately. All Parties agree to work in good faith to resolve any issue caused by this additional information, if possible, in an expeditious manner. Any and all terms in this Agreement are subject to confirmatory due diligence. Access to data, executives and other resources to complete such diligence is required and delays in such efforts could influence the timing of when the Affiliation is completed. All inspections will only occur at times and in a manner as will not unreasonably disrupt the delivery of care to patients or the other transaction of business by a Party. 19. Definitive Agreement. This Agreement constitutes the Definitive Agreement between the Parties with respect to the Affiliation. Asante will seek and file for regulatory approvals required prior to Closing, and such approvals will be required in order to complete the Affiliation; provided however, that Asante may waive this requirement with respect to obtaining any one or more approvals prior to the Closing Date. 20. Property Insurance. Asante agrees to maintain or cause ACH to maintain insurance coverage on the ACH property, structures and equipment at replacement value (including Page 18 - AFFILIATION AGREEMENT PDXDOCS:1998401.9 properties conveyed to ACH by the City and ACH Foundation), to pay any insurance deductibles in the event of a covered loss, and to name the City of Ashland and ACH Foundation as additional insured parties with regard to their respective contributed properties under such insurance for the lesser of three years from the Closing, or the date of any reconveyance of the properties pursuant to a reversion. 21. No Brokers. Each Party represents and warrants to each other Party that the Party has not worked with, contracted with, or consulted any broker or other person or entity that may be entitled to compensation with respect to this Affiliation or Agreement. 22. Expenses. The Parties shall each pay their respective expenses (including fees and expenses of counsel, investment bankers, brokers, and/or other representatives and consultants) in connection with the CNDA, LOI, Management Agreement, and this Agreement. 23. Post Closing Audit. Subsequent to the Closing, ACH shall cause an audit in accordance with auditing standards generally accepted in the United States of America to be performed by, and secure an audit opinion from, Clifton Larson Allen as of the Closing. Immediately following the Closing, Asante will hire an auditing firm to conduct an audit on the financial position, results of operations, changes in net assets and cash flows of ACH as of the Closing Date ("Closing Date Audit"). The cost of obtaining such Closing Date Audit shall be bome by Asante, and the auditors shall be instructed to apply Asante's policies and procedures insofar as they relate to matters of accounting and financial controls. 24. Certain Liabilities. ACH shall be and remain fully liable for the defense and settlement of any medical malpractice, professional liability, or other liability claims, suits, or proceedings, of any kind or nature, whether known or unknown, contingent or fixed, relating to or arising out of any actual or alleged act or omission occurring prior to and through the Closing Date. With respect to any such liabilities, ACH shall use commercially reasonable efforts to resolve, terminate and/or extinguish such liabilities in a manner reasonably acceptable to Asante. 25. Liability Insurance Coveraye. At the Closing, ACH shall remain under its current insurance policy and shall deliver to Asante written proof that ACH has obtained from ACH's current insurance company comprehensive general liability and professional liability insurance coverage with respect to all claims covered thereby attributable to or arising out of the operation of ACH on or before the Closing, regardless of when any such claims shall be made. At the Closing, ACH shall (i) cause said insurers to issue and deliver to Asante a certificate of insurance evidencing each tail insurance policy maintained by ACH hereunder, naming Asante as an additional insured thereunder, and ACH shall cause each such insurance policy to contain a clause requiring the insurer to give not less than 30 days prior written notice to Asante prior to the cancellation or modification of, any such policy for any reason whatsoever; (ii) pay all premiums and take all other steps as may be reasonably necessary to maintain such tail insurance policies in full force and effect; and (iii) use its reasonable commercial efforts to avoid invalidating such insurance coverage. Page 19 - AFFILIATION AGREEMENT PDXDOCS:1998401.9 26. ACH Existing Debt. Effective as to the Closing Date, ACH shall retain its obligations with respect to the Umpqua Bank debt described in Section 9.1 in place at the time of Closing. Following three years after Closing, Asante may, in its sole discretion, add ACH as a member of the Asante obligated group or as a designated affiliate with respect to Asante's tax exempt bonds. 27. Execution Date and Closing Date Requirements. 27.1 Execution Date Deliveries. 27. 1.1 The execution of this Agreement by the Parties shall be subject to receipt of the items specified in subsections 27.1.2 through 27.1.5 below. No Party shall be deemed to have executed this Agreement until it has received or waived all required deliveries. 27.1.2 On the Execution Date, Asante shall deliver to ACH, the City, and ACH Foundation a copy of resolutions of the Asante Board, certified by the Secretary of Asante as having been duly adopted and still in effect as of the Execution Date, authorizing and approving the execution of this Agreement, the performance of all actions to be taken on behalf of Asante pursuant to this Agreement, and the completion of all transactions contemplated herein. 27.1.3 On the Execution Date, ACH shall deliver to Asante, the City, and ACH Foundation a copy of resolutions of the ACH Board, certified by the Secretary of ACH as having been duly adopted and still in effect as of the Execution Date, authorizing and approving the execution of this Agreement, the performance of all actions to be taken on behalf of ACH pursuant to this Agreement, and the completion of all transactions contemplated herein. 27.1.4 On the Execution Date, ACH Foundation shall deliver to Asante, the City, and ACH a copy of resolutions of the ACH Foundation Board, certified by the Secretary of ACH Foundation as having been duly adopted and still in effect as of the Execution Date, authorizing and approving the execution of this Agreement, the performance of all actions to be taken on behalf of ACH Foundation pursuant to this Agreement, and the completion of all transactions contemplated herein. 27.1.5 On the Execution Date, the City shall deliver to Asante, ACH, and ACH Foundation a copy of resolutions of the City, certified by the City Recorder as having been duly adopted and still in effect as of the Execution Date, authorizing and approving the execution of this Agreement, the performance of all actions to be taken on behalf of the City pursuant to this Agreement, and the completion of all transactions contemplated herein. 27.2 Closing Date: Closing. 27.2.1 Unless the Parties otherwise agree in writing, the arrangement and other transactions contemplated herein to become effective as of the Closing Date, shall become so effective, provided that as of the Closing Date all of the conditions precedent set forth in Sections 40, 41, 42, and 43 and their respective subsections have occurred, including the delivery Page 20 - AFFILIATION AGREEMENT PDXDOCS:1998401.9 by each Party of all documents required to be delivered by such Party as set forth in this Section 27 and its subsections (the "Closing Date Documents"), except for any documents for which delivery has been waived in writing by a Party or Parties as of the Closing Date. 27.2.2 The delivery of the Closing Date Documents shall occur on July 31, 2013, or if all of the conditions precedent set forth in Sections 40, 41, 42, and 43 and their respective subsections have not occurred prior to such date, or such conditions precedent have been waived as provided in Section 27.2.1, such other date as is agreed to by the Parties (the "Closing Date" or the "Closing'), at the offices of Asante, 2650 Siskiyou Blvd., Medford, OR 97504 or any other location agreed to by the Parties. Upon 7 days prior written notice, ACH or Asante may with mutual written agreement extend the Closing Date for up to 30 days if such Party is actively working towards completing all of the conditions precedent to Closing; all Parties must agree to any further extension. The Closing Date will also be automatically extended if any of the Parties are involved in the process described in Section 27.5 and its subsections but the process has not yet been completed thereunder, until completion of the process thereunder. 27.2.3 At the Closing, all documents to be executed and actions to be taken, pursuant to this Agreement, as of the Closing Date, shall be deemed to have been executed and to have been taken substantially concurrently, and no action shall be deemed to be complete until all are completed and all documents called for in this Agreement have been executed by all Parties. 27.3 Pre-Closing Actions. Prior to the Closing, the Parties shall take and cause to be taken all actions necessary or appropriate on their respective parts to implement the transactions contemplated herein on the Closing Date, including, without limitation, the following: 27.3.1 Actions by Asante. Prior to the Closing Date, the Asante Board shall approve the execution on behalf of Asante of this Agreement and of any and all other agreements and other documents and the taking of any and all other actions contemplated or required by this Agreement to be executed or taken by Asante on or before the Closing Date. 27.3.2 Actions by ACH and the City. Prior to the Closing Date, the ACH Board, and the City acting through the City Council, as appropriate, shall approve the execution by or on behalf of ACH and the City of this Agreement and of any and all other agreements and other documents, and the taking of any and all other actions contemplated or required by this Agreement to be executed or taken by ACH and the City on or before the Closing Date, including, without limitation, the following: 27.3.2.1 approve the ACH Amended Articles in substantially the form attached hereto as Exhibit 27.3.2.1; and 27.3.2.2 approve the ACH Amended Bylaws in substantially the form attached hereto as Exhibit 27.3.2.2. Page 21 - AFFILIATION AGREEMENT PDXDOCS:1998401.9 27.3.3 Actions by ACH Foundation. Prior to the Closing Date, the ACH Foundation Board shall approve the execution on behalf of ACH Foundation of this Agreement and of any and all other agreements and other documents, and the taking of any and all other actions contemplated or required by this Agreement to be executed or taken by ACH Foundation on or before the Closing Date, including all such other actions as are necessary or appropriate to consummate the transactions contemplated or required by this Agreement. 27.4 Closing Document Deliveries. At the Closing, the Parties shall deliver the documents listed below. 27.4.1 Asante. At the Closing, Asante shall deliver the following documents (the "Asante Closing Documents"): 27.4.1.1 A certificate of the Asante President/Chief Executive Officer, dated as of the Closing Date, certifying, to the knowledge of such officer, as to the continued accuracy and completeness of Asante's representations and warranties, and its performance of the covenants and conditions precedent, set forth in this Agreement; 27.4.1.2 A certificate of the Chief Financial Officer of Asante, dated as of the Closing Date, certifying as of the date thereof, as to the accuracy of the financial representations and warranties relating to Asante and set forth at Section 33.4 and its subsections, and the performance of the covenants and conditions precedent relating to Asante set forth at Sections 37 and 41 hereof and their respective subsections; 27.4.1.3 A certificate of the Secretary of Asante, dated as of the Closing Date, certifying as to the due adoption and continued effectiveness of and attaching a copy of the resolutions of the Asante Board approving, with respect to Asante, the actions and transactions and actions required or contemplated by this Agreement; 27.4.1.4 Evidence of the insurance called for in Section 20 and ACH insurance policies; 27.4.1.5 Such other instruments and documents as may be reasonably necessary to carry out the transactions contemplated by this Agreement and to comply with the terms hereof. 27.4.2 ACH. At the Closing, ACH shall deliver the following documents (the "ACH Closing Documents"): 27.4.2.1 A certificate of the Board Chair_ of ACH, dated as of the Closing Date, certifying, to the knowledge of such officer, as to the continued accuracy and completeness of representations and warranties of ACH and its respective performance of the covenants and conditions precedent, set forth in this Agreement; Page 22 - AFFILIATION AGREEMENT PDXDOCS:1998401.9 27.4.2.2 A certificate of the Board Treasurer of ACH, dated as of the Closing Date, certifying as of the date thereof, as to the accuracy of the financial representations and warranties relating to ACH and set forth at Section 32.4 and its subsections, and the performance of the covenants and conditions precedent relating to ACH set forth at Sections 36 and 40 hereof and their respective subsections; 27.4.2.3 A certificate of the Secretary of ACH, dated as of the Closing Date, certifying as to the due adoption and continued effectiveness of, and attaching a copy of. (1) the resolutions of the ACH Board approving, with respect to ACH, the actions and transactions required or contemplated by this Agreement, including the Amended ACH Bylaws; 27.4.2.4 A copy of the ACH Amended Articles, in a form suitable and ready to be filed with the Secretary of State of the State of Oregon; 27.4.2.5 Evidence of the insurance called for in Section 25; 27.4.2.6 Legal Opinion of Oregon counsel to ACH, opining as to: (1) the due organization and good standing of ACH; (2) ACH's corporate power and authority to enter into this Agreement and such other agreements as are specified hereunder to be entered into by ACH, and to take such other actions as are contemplated to be taken by ACH hereunder; and (3) the due authorization, on behalf of ACH, of the execution and delivery of this Agreement and such other agreements as are specified hereunder to be entered into by ACH as of the Closing Date, and the performance of all other actions contemplated to be taken by ACH hereunder; and 27.4.2.7 Such other instruments and documents as may be reasonably necessary to carry out the transactions contemplated or required by this Agreement and to comply with the terms hereof. 27.4.3 ACH Foundation. At the Closing, ACH Foundation shall deliver the following documents (the "ACH Foundation Closing Documents"): 27.4.3.1 A certificate of the Executive Director of ACH Foundation, dated as of the Closing Date, certifying, to the knowledge of such officer, as to the continued accuracy and completeness of the Foundation's representations and warranties, and its performance of the covenants and conditions precedent, set forth in this Agreement; 27.4.3.2 A certificate of the Secretary of ACH Foundation, dated as of the Closing Date, certifying as to and including a copy of the resolutions of the ACH Foundation Board approving, with respect to ACH Foundation, the actions and transactions contemplated or required by this Agreement including without. limitation the conveyance of the five parcels of real property to ACH at the Closing and the granting of the license in Section 9.4; 27.4.3.3 A copy of the statutory warranty deeds and bargain and sale deed in a form suitable and ready to be recorded by Jackson County, Oregon by the Title Company at the Closing; Page 23 - AFFILIATION AGREEMENT PDXDOCS:1998401.9 27.4.3.4 Legal Opinion of Oregon Counsel, opining as to: (1) the due organization and good standing of ACH Foundation; (2) ACH Foundation's corporate power and authority to enter into this Agreement and such other agreements as are specified hereunder to be entered into by ACH Foundation, and to take such other actions as are contemplated to be taken by ACH Foundation hereunder; and (3) the due authorization, on behalf of ACH Foundation, of the execution and delivery of this Agreement and such other agreements as are specified hereunder to be entered into by ACH Foundation as of the Closing Date, and the performance of all other actions contemplated to be taken by ACH Foundation hereunder; and 27.4.3.5 Such other instruments and documents as may be reasonably necessary to carry out the transactions contemplated or required by this Agreement and to comply with the terms hereof. 27.4.4 The City. At the Closing, the City shall deliver the following documents (the "City Closing Documents"): 27.4.4.1 A certificate of the City Administrator, dated as of the Closing Date, certifying, to the knowledge of such officer, as to the continued accuracy and completeness of the City's representations and warranties, and its performance of the covenants and conditions precedent, set forth in this Agreement; 27.4.4.2 A certificate of the City Recorder, dated as of the Closing Date, certifying as to and including a copy of the resolutions of the City Council approving, with respect to the City, the actions and transactions contemplated or required by this Agreement including without limitation the conveyance of the two parcels of real property to ACH at the Closing and the granting of the license in Section 9.4; 27.4.4.3 A copy of the two statutory deeds in a form suitable and ready to be recorded in Jackson County, Oregon by the Title Company at the Closing; 27.4.4.4 Legal Opinion of the Ashland City Attorney opining as to: (1) the due organization and good standing of the City; (2) the City's corporate power and authority to enter into this Agreement and such other agreements as are specified hereunder to be entered into by the City, and to take such other actions as are contemplated to be taken by the City hereunder; and (3) the due authorization, on behalf of the City, of the execution and delivery of this Agreement and such other agreements as are specified hereunder to be entered into by the City as of the Closing Date, and the performance of all other actions contemplated to be taken by the City hereunder; and 27.4.4.5 Such other instruments and documents as may be reasonably necessary to carry out the transactions contemplated or required by this Agreement and to comply with the terms hereof. Page 24 - AFFILIATION AGREEMENT PDXDOCS:1998401.9 27.5 Schedules; Modification of Schedules. All the Parties (each an "Amending Party"), shall provide any amendments to their respective schedules attached hereto (each, a "Schedule") to each other, by delivering one or more amended schedules (each, an "Amended Schedule," and collectively, the "Amended Schedules") to the other Parties (a "Receiving Party"), not later than July 16, 2013, at which time all schedules shall be finalized, except for changes in circumstances arising after that date and before Closing. Schedules delivered by a Party prior to the Execution Date shall be deemed received by the other Parties as of the Execution Date. 27.5.1 Upon receipt of a Schedule or an Amended Schedule, the Receiving Party shall have fifteen (15) business days either to approve information contained in the Schedule or Amended Schedule or to notify the Amending Party that it disapproves of information in such Schedule or Amended Schedule (a "Disapproved Item"). 27.5.2 The Amending Party shall have the right, but not the obligation, within fifteen (15) business days following its receipt of notice of a Disapproved Item, to elect to cure such Disapproved Item by the delivery of an appropriate written notice to the Receiving Party. The Amending Party's notice shall set forth its proposed manner of cure of the Disapproved Item and the anticipated period of time necessary to complete the cure. 27.5.3 The Receiving Party shall have ten (10) business days after receipt of the Amending Party's notice of cure to approve or disapprove such cure. If the Receiving Party fails to disapprove the Amending Party's cure notice within this ten-day period, the Receiving Party shall be deemed to have approved the manner of cure specified in the cure notice. Upon approval of a cure notice, the Amending Party shall use Reasonable Commercial Efforts to effectuate the cure specified in the cure notice. If the Amending Party completes the agreed upon cure by Closing, the Disapproved Item shall not be placed on the Amending Party's schedules to the Agreement, and the Receiving Party shall have no right to terminate this Agreement as a result of the Disapproved Item. If the Amending Party refuses to cure the Disapproved Item, the Parties are unable to agree upon an appropriate cure, or if the agreed-upon cure has not been completed by Closing, the Receiving Party may: (i) elect to close despite the Disapproved Items; or (ii) may elect to terminate this Agreement by providing written notice to the Amending Party. If the Receiving Party elects to Close over the Disapproved Item, the Disapproved Items shall be deemed a modification to the schedules delivered by the Amending Party prior to the Closing Date. If any Party is notified in writing by its respective legal counsel that a representation or warranty of the other Party given hereunder is not materially accurate or correct, then the Party so notified shall inform the other Party that its representation and/or warranty is not accurate. 28. Tenn. The term of this Agreement shall commence on the Execution Date and shall continue for fifteen (15) years after the Closing Date unless sooner terminated by the Parties at any time by their mutual written consent, prior to the Closing Date, except that: 28.1 This Agreement shall terminate in its entirety prior to the Closing Date in the event that there is a failure of any condition precedent as set forth in Sections 40, 41, 42 or 43 Page 25 - AFFILIATION AGREEMENT PDXDOCS:1998401.9 and their respective subsections, unless such failure is waived in writing by ACH (in the case of conditions precedent set forth in Section 40 and its subsections); or Asante (in the case of conditions precedent set forth in Section 41 and its subsections); or ACH Foundation (in the case of conditions precedent set forth in Section 42 and its subsections); or the City (in the case of conditions precedent set forth in Section 43 and its subsections). 28.2 Should Closing be delayed beyond the later of (a) periods provided for in other Sections of this Agreement, or (b) September 30, 2013, any Party may thereafter terminate this Agreement by written notice to all other Parties if the Closing has not occurred by December 31, 2013; 28.3 If this Agreement is terminated, any agreement entered into pursuant to this Agreement shall terminate in accordance with the terms thereof, 28.4 Any Party may terminate this Agreement before the Closing if, pursuant to Sections 27.5 and its subsections and 30 of this Agreement, there is a material breach or misrepresentation of any material representation or warranty made by any Party which breach or misrepresentation cannot be cured without detriment to the non-defaulting Parties in accordance with Section 27.5 and its subsections or within 30 days of receipt of written notice of the material breach or misrepresentation from the non-defaulting Party or non-defaulting Parties, if later; and 28.5 No Party or Parties may terminate this Agreement after the Closing Date, unless all four Parties agree in writing to terminate this Agreement after the Closing Date. 29. Termination Consequences. If this Agreement is terminated pursuant to Section 28, (a) all further obligations of the Parties under this Agreement shall terminate, except that the obligations in Sections 36.9, 36.10, 37.5, 38.8, 38.9 39.8 and 39.9 (Confidentiality), 44.5 (Applicable Law; Forum), and 44.3 (Expenses), and their respective subsections, shall survive, (b) each Party shall pay the costs and expenses incurred by it in connection with this Agreement, and (c) nothing shall prevent any Party hereto from pursuing any of its legal rights or remedies that may be granted to any such Party by law against any other Party to this Agreement, except that no Party shall be entitled to obtain consequential damages. 30. Survival of Representations, Warranties, Covenants and Agreements. Except as otherwise expressly provided in this Agreement, the representations and warranties contained in this Agreement or in any document delivered at the Closing pursuant hereto shall be deemed to have been relied upon by the Parties, and shall survive the Closing and thereafter shall be in force and effect in accordance with their terms for a period of three years. Unless otherwise stated herein, all covenants and agreements contained in this Agreement or in any document delivered at Closing pursuant hereto shall be fully effective and enforceable pursuant to this, Agreement for the term of this Agreement and shall survive the termination of this Agreement and thereafter shall be in force and effect in accordance with their terms. If discovered prior to the Closing, except to the extent not inconsistent with the process described in Section 27.5, the sole and exclusive remedy for any breach or misrepresentation, or alleged breach or Page 26 - AFFILIATION AGREEMENT PDXDOCS:1998401.9 misrepresentation, of any representation or warranty made by a Party shall be termination of the Agreement as set forth in Section 28.4. 31. Dispute Resolution. 31.1 Resolution of Potential Disputes. The Parties acknowledge that notwithstanding their reasonable commercial efforts, disagreements or disputes may arise among or between them regarding their respective rights, responsibilities, covenants, obligations and liabilities under this Agreement and in any document delivered in anticipation of the Closing. Prior to the Closing, and thereafter, the Parties shall attempt to resolve the dispute in good faith in a manner consistent with the procedures set forth in this Section 31 and its subsections. 31.2 Dispute Resolution Procedures. 31.2.1 Prior to the Closing, and thereafter, in the event of a dispute between or among the Parties, any Party may give written notice to the other Party or Parties to the dispute setting forth the nature of such dispute and requesting that the Parties to the dispute meet and confer to discuss the dispute (the "Meet and Confer Request"). Not later than thirty (30) days after a Meet and Confer Request, the principal executive officers of each of the Parties to the dispute or their designees, shall meet and confer to discuss the dispute in good faith in an attempt to resolve the dispute. Such representatives shall meet at such dates and times as are mutually convenient to the representatives of each applicable Party within such thirty (30) day period. 31.2.2 In the event any dispute is not or cannot be resolved by the Parties to the dispute during the meet and confer process described in Section 31.2.1, any Party to the dispute may give written notice of such Party's intention to submit the issue in dispute to non-binding mediation pursuant to this Section 31.2.2 (the "Dispute Notice"). Not later than ten (10) days after a Party's receipt of a Dispute Notice, the Parties to the dispute shall jointly appoint a mediator. 31.2.2.1 If the Parties to the dispute cannot agree upon a mediator within the ten (10) day period, or within such other period as they may mutually agree upon, then the Parties to the dispute shall each appoint a mediator acceptable to the Party within the following ten (10) days, and the two (2) or more, if applicable mediators shall jointly appoint, within ten (10) days after the date on which the last mediator is appointed, a third mediator who shall serve as the sole mediator of the issues in dispute; 31.2.2.2 The Parties to the dispute shall engage in a good faith effort to resolve the issue in dispute following the appointment of one or more mediators. The Parties to the dispute each shall share equally the fees and expenses of the mediator(s) and such other costs and expenses as they shall mutually agree upon; and 31.2.2.3 If the Parties to the dispute are unable to resolve the dispute within sixty (60) days following the appointment of one or more mediators as provided in this Section 31.2.2, any Party to the dispute may submit the matter to binding arbitration by giving to Page 27 - AFFILIATION AGREEMENT PDXDOCS: 1998401.9 the other Party or Parties to the dispute a written demand for arbitration (the "Arbitration Demand"). 31.3 Binding Arbitration 31.3.1 Not later than thirty (30) days after a Party gives to any other Party or Parties an Arbitration Demand, the Parties to the dispute shall jointly select an arbitrator. If the Parties to the dispute cannot agree upon an arbitrator within such thirty (30) day period, they shall jointly submit, or any one of them may submit, to Arbitration Service of Portland, Inc. or its successor organization (the "ASP") a request to select a panel of seven (7) potential arbitrators, each of whom shall be licensed to practice law in the State of Oregon, from which panel the Parties to the dispute will select a single arbitrator to hear their dispute. In the event any Party to the dispute is dissatisfied with the panel of potential arbitrators, such Party may request one alternate panel of potential arbitrators. The request shall state that it is the intention of the Parties to the dispute to submit to the jurisdiction and procedures of the ASP for a hearing in the Medford, Oregon area, and to be bound by the ASP's rules, to resolve their dispute. 31.3.2 Not later than sixty (60) days after the date on which the arbitrator is selected, the arbitrator shall conduct a formal hearing into the issue in dispute in accordance with the applicable rules for arbitration of the ASP then in effect and/or such rules as the Parties to the dispute may mutually agree upon. 31.3.3 The arbitrator's decision shall be final and binding upon the Parties to the dispute, and shall be enforceable in accordance with its terms under Oregon law. 31.3.4 The Parties to the dispute shall share equally the cost of arbitration, including the arbitrator's fees, but the Parties to the dispute each shall bear its own legal and other expenses incurred by it in connection with the arbitration. 31.3.5 Nothing in this Agreement shall be interpreted to limit any Party's right to pursue preliminary or provisional equitable relief pending the arbitration award, including, without limitation, specific performance or a temporary restraining order or preliminary injunctive relief, from a court of competent jurisdiction at any time. By way of example, the foregoing provisions of this Section 31.3 shall not be interpreted to require either Party to submit to meet-and-confer, mediation or arbitration prior to exercising such Party's right to pursue preliminary equitable relief to protect trade secrets or prevent irreparable harm. Recognizing the substantial resources and costs incurred in integrating the governance and operations of the Parties following the Closing, and the difficulty of segregating integrated operations, no Party shall bring suit against any other Party seeking the equitable remedy of contract rescission or attempting to challenge the validity or enforceability of this Agreement following the Closing Date. 32. Representations and Warranties of ACH. ACH hereby gives, as of the Representation Date, the following representations and warranties to Asante: Page 28 - AFFILIATION AGREEMENT PDXDOCS:1998401.9 32.1 Due Organization; Good Standing; Power. 31.1.1 ACH is an Oregon nonprofit corporation, exempt from federal income taxation under Section 501(a) of the Code, as an organization described in Section 501(c)(3) of the Code. 31.1.2 ACH is duly formed, validly existing and in good standing under the laws of the State of Oregon, and has the corporate power and authority to own, operate or hold under lease its properties and assets and to carry on its business and operations as presently conducted. 32.2 Corporate Authorization. 32.2.1 ACH has the full corporate power and authority to enter into and to perform its obligations under this Agreement. 32.2.2 The execution, delivery and performance of this Agreement by ACH have been duly and properly authorized by all necessary corporate action in accordance with its articles of incorporation, as amended to the Representation Date, and its corporate Bylaws, as amended to the Representation Date; provided, however, that for purposes of this Section 32.2.2, "Representation Date" shall refer only to the Closing Date. 32.2.3 This Agreement constitutes the valid and legally binding obligation of ACH, enforceable against ACH in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or other laws of general application now or hereafter in effect relating to or affecting the enforcement of creditors' rights generally and, except as provided under Section 31.3 of this Agreement, that the remedies of specific performance, contract rescission and injunctive and other forms of equitable relief may not be available. 32.3 No Violation; Approvals. 32.3.1 Except to the extent specified in Schedule 32.3 hereto, the execution, delivery and performance of this Agreement shall not result in the creation of any lien, charge, or encumbrance of any kind or the termination or acceleration of any indebtedness or other obligation of ACH, and is not prohibited by, does not violate or conflict with any provision of, and does not constitute a default under or breach of any Material Contract (as defined in Section 32.18), indenture, mortgage, permit, license, approval or other commitment to which ACH is a party or is subject or by which any such corporation is bound, any judgment, decree, order, writ or injunction of any court or regulatory authority, or any law, statute, rule or regulation, applicable to ACH..,,, 32.3.2 Except to the extent specified in Schedule 32.3.2 hereto, no approval, authorization, registration, consent, order or other action of or filing that has not occurred or been obtained with or from any person, including any court, administrative agency or other Page 29 - AFFILIATION AGREEMENT PDXDOCS:1998401.9 governmental authority, is required for the execution and delivery by ACH of this Agreement or the consummation by ACH of the transactions contemplated or required hereby. 32.4 Financial Statements. 32.4.1 Attached hereto as Exhibit 32.4.1 are true and correct copies of (i) audited financial statements of ACH for the two (2) years ended June 30, 2012 and June 30, 2011, and unaudited financial statements of ACH for the interim period from July 1, 2012, through the most recent month-end date for which financial statements were available prior to the Execution Date (the "ACH Financial Statements"). For each month following the Execution Date until the Closing Date, by the twentieth (20th) day of such month, ACH shall provide Asante with monthly unaudited financial statements for the immediately preceding month. 32.4.2 The ACH Financial Statements are complete and present fairly in all material respects the financial position of ACH, and the results of its operations at the dates and for the periods indicated, in conformity with generally accepted accounting principles (except as otherwise disclosed on Schedule 32.4.2), applied consistently for the periods specified, including the consistent use of assumptions, practices, procedures and terminology, except that the interim financial statements need not contain any of the footnotes and other items required to comply with generally accepted accounting principles. 32.4.3 From and after July 1, 2012 (except as set forth in Schedule 32.4.3), ACH has not made any material change to its accounting methods or practices, including methods or practices used to: (i) establish reserves on any patient and notes receivables; (ii) establish estimates of any third-party settlements; (iii) establish valuation estimates related to the investment plan and any defined benefit plan; and/or (iv) determine the value of any other accounts which require subjective determinations. 32.4.4 To the knowledge of ACH, and except as disclosed on Schedule 32.4.4, ACH does not have any liabilities or obligations, whether contingent or absolute, direct or indirect, or matured or unmatured, which are not shown or provided for in the ACH Financial Statements and the ACH Financial Statements provided to Asante prior to the Representation Date, other-than any individual liability or obligation of less than One Hundred Thousand Dollars ($100,000) and claims covered by insurance. 32.4.5 Except as disclosed on Schedule 32.4.5, none of the assets of ACH are subject to restrictions imposed by the donors of specific funds. Page 30 - AFFILIATION AGREEMENT PDXDOCS:1998401.9 32.4.6 Set forth on Schedule 32.4.6 is an accurate and complete list of all of the accounts in which funds of or attributable to the Plan are invested or otherwise held. ACH has not taken, or caused or permitted to be taken any action which would change the legal or beneficial ownership status of such funds prior to the Closing Date. 32.5 Interim Changes. Except for matters expressly permitted or authorized by this Agreement and except as set forth on Schedule 32.5, to the knowledge of ACH, there has not been, after the date of the most recent interim financial statements provided for ACH attached under Exhibit 32.4.1: 32.5.1 any change in the financial condition, assets, liabilities, properties or results of operation of ACH or any other business of ACH which has had or could have, in the aggregate, a materially adverse effect on ACH, provided that this representation is limited to events, transactions or facts which specifically affect the operation of ACH's businesses and does not apply to general changes in the laws or economy of the United States or matters affecting the health care industry in general; 32.5.2 any damage, destruction or loss, whether or not covered by insurance, which has had or could have, in the aggregate, a materially adverse effect on ACH or any other business of ACH; 32.5.3 any disposition by ACH of any property, rights or other assets owned by or employed in ACH or any other business of ACH, except for dispositions in the usual and ordinary course of the business; 32.5.4 any change to the make-up or composition of the Management Personnel (defined for these purposes to mean the chief executive, directors or other officers or any vice president) of ACH (see Management Agreement); and 32.5.5 any amendment or termination of any Material Contract which has had or could have, in the aggregate, a materially adverse effect on ACH or any other business of ACH. 32.6 Legal Proceedings. Except as disclosed on Schedule 32.6, ACH is not a defendant in or, to the knowledge of ACH, threatened with any action, suit, proceeding, state or federal investigation, complaint, claim, charge, hearing or arbitration which may materially and adversely affect its businesses or financial conditions or the ability of ACH to perform hereunder. Except as disclosed on Schedule 32.6, to the knowledge of ACH, ACH has not received written notice of any investigation or threatened investigation by any federal, state or local governmental or regulatory agency, including those involving its business practices and policies, which could have, in the aggregate, a materially adverse effect on ACH, or its respective business. Page 31 - AFFILIATION AGREEMENT PDXDOCS:1998401.9 32.7 Licenses and Permits. 32.7.1 ACH holds all governmental licenses, permits, certificates, consents and approvals which are material to its respective business and operations (the "Licenses and Permits"). The Licenses and Permits, each of which is listed at Schedule 32.7.1, are current and valid. 32.7.2 Except as set forth on Schedule 32.7.2, no notice from any governmental authority in respect to the revocation, termination, suspension or limitation of any License or Permit has been issued or given, nor does ACH have any knowledge of any basis for any such action. 32.8 No Material Omissions. 32.8.1 To its knowledge (as provided in Section 32.23), ACH has responded in all material respects to all written requests for information and documentation made by Asante in connection with Asante's due diligence review of the business, operations, assets and liabilities of ACH. ACH has not knowingly omitted any material information relating to the businesses, operations, assets or liabilities of ACH in its responses to Asante's requests. Since the delivery of such responses to Asante, ACH has not received and not disclosed any material information which would render untrue or misleading any information previously disclosed to Asante in response to its requests for information. 32.8.2 To its knowledge, the representations and warranties of ACH contained in this Agreement, and each Exhibit, Schedule, certificate or other written statement delivered at Closing by ACH pursuant to this Agreement, are accurate, correct and complete, do not contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements and information contained therein not misleading. 32.9 Compliance with Law. Except as set forth on Schedule 32.9, to the knowledge of ACH, ACH is in material compliance with all laws, regulations, ordinances, decrees and orders applicable to it, which are material to its business and operations. Without limiting the generality of the foregoing, ACH is in material compliance with all Environmental Laws and all employment laws, including, without limitation, provisions thereof relating to wages, hours and the payment of Social Security and similar taxes. "Environmental Laws," as used herein, shall mean any and all federal, state and local statutes and ordinances, and all rules and regulations promulgated thereunder, pertaining or relating to the identification, reporting, generation, manufacture, processing, distribution, use, treatment, storage, disposal, emission, discharge, release, transport or other handling of any pollutants,_contaminants, chemicals, wastes, including medical wastes, radioactive material, or other noxious or harmful substances or materials. Page 32 - AFFILIATION AGREEMENT PDXDOCS:1998401.9 32.10 Title to Real Property and Other Assets. 32.10.1 Schedule 32. 10.1 sets forth an accurate and complete list of all real property owned by ACH (the "Real Property"). 32.10.2 Except as disclosed on Schedule 32.10.2, ACH has good and defensible title to all of its assets (other than the Real Property) of every kind, character and description, whether real, personal, tangible or intangible, used in connection with the operation of ACH or of any other business or activity owned, operated or maintained by ACH as of the Representation Date (the "Other Property"), free and clear of all liens, mortgages, security interests, options, pledges, charges, covenants, conditions, restrictions and other encumbrances and claims of any kind or character whatsoever, other than covenants, restrictions and easements of record. 32.10.3 Schedule 32.10.3 sets forth an accurate and complete list of real property leases in which ACH is a tenant, lessee, subtenant, or otherwise in possession. 32.10.4 Schedule 32.10.4 sets forth an accurate and complete list of real property leases in which ACH is the landlord. 32.10.5 Schedule 32.10.5 sets forth an accurate and complete list of all locations in which or at which ACH owns and/or operates health or other services. 32.11 Affiliates and Subsidiaries. Exhibit 32.11 sets forth an accurate and complete list of all corporations, partnerships, limited liability companies and any other entities of which ACH is a shareholder, partner, or member, and has the right to appoint or approve one or more of the directors, officers or managers, or persons holding equivalent positions. 32.12 Tax Exempt Status. ACH is an exempt organization under Section 501(c)(3) of the Code and not a "private foundation" within the meaning of Section 509(a) of the Code. The Internal Revenue Service (the "Service") has not taken, or, to the knowledge of ACH, proposed to take, any action to revoke the tax exempt status of ACH, and has not determined in writing or, to the knowledge of ACH, proposed to announce, that ACH is a "private foundation" within the meaning of Section 509(c) of the Code. ACH has no knowledge of any change in the organization or operation of ACH, which, to the knowledge of ACH, would result in a loss of ACH's status as an organization described in Section 501(c)(3) of the Code or which could cause ACH to be treated as a "private foundation" within the meaning of Section 509(a) of the Code. 32.13 Insurance. 32.13.1 Schedule 32.13.1 sets forth an accurate, correct and complete list (including the name of the insurer, coverage, premium and expiration date) of all binders and policies of insurance (collectively, the "Insurance Policies") maintained by ACH in which ACH is a named insured; or which otherwise insure assets used primarily in connection with the operation of ACH. Page 33 - AFFILIATION AGREEMENT PDXDOCS:1998401.9 32.13.2 Except as set forth on Schedule 32.13.2, the Insurance Policies are in full force and effect and shall remain in full force and effect through the Closing Date. 32.14 Taxes. ACH has filed, or shall file, all returns, declarations, and reports and all information returns and statements required to be filed or sent with respect to all federal, state, county, local and other taxes of every kind and however measured (collectively, the "Taxes") for all periods ending on or within the five (5) year period preceding the Representation Date (collectively, the "Returns"). Except as set forth on Schedule 32.14, as of the time of filing, the Returns correctly reflected, and Returns prepared or being prepared, but not yet filed as of the Representation Date shall correctly reflect, the income, business, assets, operations, activities and status of ACH and any other information required to be shown therein. ACH has timely paid or made provision for all Taxes shown as due and payable on its Returns required to be filed or sent prior to the Representation Date and has made provision for timely payment of all Taxes that shall be shown as due and payable on its Returns required to be filed or sent by it after the Representation Date and relating to any period prior to the Closing Date. 32.15 Employee Benefit Plans. 32.15.1 Schedule 32.15 sets forth an accurate, correct and complete list of all "employee welfare benefit plans" (as defined in Section 3(1) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA")), "employee pension benefit plans" (as defined in Section 3(2) of ERISA), governmental pension plans including defined benefit pension plans, and all other employee benefit plan agreements and arrangements and employee benefit policies, whether funded or unfunded, qualified or nonqualified, whether or not subject to ERISA, maintained or contributed to (or required to be contributed to) by ACH for the benefit of any of its officers, employees or other persons (all the foregoing being herein called "Benefit Plans"). ACH has delivered to Asante accurate, correct and complete copies of: 32.15.1.1 each Benefit Plan and any amendment thereto; 32.15.1.2 the most recent annual report on Form 5500, if required, filed with the Service or the Department of Labor with respect to any Benefit Plan, including all schedules and attachments; 32.15.1.3 each trust agreement, group annuity contract or other funding vehicle relating to any Benefit Plan and any amendments thereto; 32.15.1.4 certified financial statements relating to any Benefit Plan; 32.15.1.5 the summary plan description and any summaries of material modifications for each Benefit Plan; 32.15.1.6 collective bargaining agreements or other such contracts, including any riders or amendments thereto; Page 34 - AFFILIATION AGREEMENT PDXDOCS:1998401.9 32.15.1.7 each determination letter, letter ruling or any outstanding ruling request on the tax exempt status of any qualified Benefit Plan or any voluntary employees' beneficiary association ("VEBA") implementing a Benefit Plan; and 32.15.1.8 each sample correspondence to employees giving notice of their rights under Section 4980B of the Code and any other documents indicating compliance with said Section 4980B. 32.15.2 Except as disclosed on Schedule 32.15.2: 32.15.2.1 all contributions to, and payments from, the Benefit Plans required to be made in accordance with the Benefit Plans have been timely made; and 32.15.2.2 no Benefit Plan is subject to the funding rules of Section 302 of ERISA or Section 412 of the Code. 32.15.3 All Benefit Plans (and all related trust agreements or annuity contracts or any funding instruments) currently are and at all times in the past have been, both as to form and operation, in material compliance with and administered in accordance with their terms and the provisions of tax laws and the Code, where required for the Benefit Plan to be a governmental plan or tax-qualified under Sections 401(a) and 501(a) of the Code, and all other applicable laws, rules and regulations. Except as disclosed on Schedule 32.15.3, the Benefit Plans that are pension benefit plans have received determination letters or private letter rulings from the Service to the effect that such Benefit Plans are governmental plans or qualified and exempt from federal income taxes under Sections 401(a) and 501(a), respectively, of the Code, or are governmental plans as defined in Code Section 414(d), and no such determination letter or private letter ruling has been revoked or, to the knowledge of ACH, has revocation been threatened, nor has any such Benefit Plan been amended or experienced any change in facts or circumstances since the date of its most recent determination letter or private letter ruling or application therefore in any respect which would adversely affect its qualification or materially increase its cost. 32.15.4 All reports, returns and similar documents with respect to the Benefit Plans required to be filed with any government agency or distributed to any Benefit Plan participant have been duly and timely filed or distributed. To the knowledge of ACH, there are no investigations by any governmental agency, termination proceedings or other claims (except claims for benefits payable in the normal operation of the Benefit Plans), suits or proceedings against or involving any Benefit Plan or asserting any rights or claims to benefits under any Benefit Plan that could give rise to any material liability, nor, to the knowledge of ACH, are there any facts that could give rise to any material liability in the event of any such investigation, claim, suit or proceeding. 32.15.5 No "prohibited transaction" (as defined in Section 4975 of the Code or Section 406 of ERISA) has occurred which involves the assets of any Benefit Plan and Page 35 - AFFILIATION AGREEMENT PDXDOCS:1998401.9 which could subject ACH, or any of its respective employees, or a trustee, administrator or other fiduciary of any trust created under any Benefit Plan to the tax or penalty on prohibited transactions imposed by Section 4975 of the Code or the sanctions imposed under Title I of ERISA. No Benefit Plan which has been terminated has or may cause liability to ACH. 32.15.6 Except as disclosed in Schedule 32.15.6, ACH does not (i) maintain or contribute to any Benefit Plan which provides, or has any liability to provide, life insurance, medical, severance or other employee welfare benefits to any employee upon his/her retirement or termination of employment, except as may be required by Section 4980B of the Code or other applicable Law; or (ii) has ever represented, promised or contracted (whether in oral or written form) to any employee (either individually or to employees as a group) that such employee(s) would be provided with life insurance, medical, severance or other employee welfare benefits upon their retirement or termination of employment, except to the extent required by Section 4980B of the Code or other applicable law. 32.15.7 Neither the execution and delivery of this Agreement nor the consummation of the transactions contemplated hereby (whether alone or in connection with any other event) will, with respect to any employee under any of Benefit Plan or otherwise: 32.15.7.1 result in any material payment from ACH (including severance, unemployment compensation, bonus or otherwise) becoming due; 32.15.7.2 increase any benefits otherwise payable; or 32.15.7.3 result in (i) any acceleration of the time of payment or vesting of any such benefits, (ii) any forgiveness of any indebtedness, (iii) any obligation to fund benefits, or (iv) the imposition of any restrictions with respect to the amendment or termination of any of the Benefit Plans (or any adverse consequence for so doing). 32.15.8 With respect to each Benefit Plan that is an "employee welfare benefit plan" within the meaning of Section 3(2) of ERISA, all claims incurred (including claims incurred but not reported) by employees, former employees and their dependents thereunder for which ACH is, or will become, liable are reflected as a liability or accrued for on ACH's consolidated financial statements for the most recently completed fiscal year end. 32.15.9 ACH does not have any liability under any Benefit Plan that is a "multiemployer plan" within the meaning of Sections 3(37) or 4001(a)(3) of ERISA and the transactions contemplated by this Agreement will not give rise to any such liability. 32.15.10 No individual classified as a non-employee for purposes of receiving employee benefits (such as an independent contractor, leased employee, consultant or special consultant), regardless of actual legal status, is eligible to participate in or receive benefits under any Benefit Plan that does not specifically provide for their participation. Page 36 - AFFILIATION AGREEMENT PDXDOCS:1998401.9 32.16 Medicare and Medicaid. 32.16.1 Except as set forth on Schedule 32.16.1, ACH is not engaged in termination proceedings as to its respective participation in Medicare or Medicaid, nor has ACH received written notice that its current participation in Medicare or Medicaid is subject to any contest, termination or suspension as a result of alleged violations or any noncompliance with participation requirements. ACH and the Hospital meet the conditions for participation in the Medicare and Medicaid programs, and there is not now pending or, to the knowledge of ACH, any threatened proceeding or investigation under such programs involving any of the foregoing. 32.16.2 Except as set forth on Schedule 32.16.2, for the past ten (10) years, each of the contracts, financial relationships or arrangements entered into between ACH and a physician or physician group is, or was during its duration, in compliance with the laws, rules and regulations regulating the delivery of health care services by providers, including, those relating to the prohibition of fraudulent and abusive practices by health care providers, including (i) the anti-kickback statute set forth at 42 U.S.C. 1320a-7(a) and 7(b) and its related regulations ("Anti-Kickback Statute") and (ii) the anti-referral statutes set forth at 42 U.S.C. § 1395nn and its related regulations ("Stark II"). 32.17 Accreditation. ACH is accredited by DNV Healthcare, Inc. ("DNVHC"), and by such other organizations as are listed on Schedule 32.17. Except as set forth on Schedule 32.17, no written notice has been received by ACH from DNVHC or any other accreditation organization material to its operation regarding the suspension, revocation or termination of ACH's (or any ACH programs or divisions) with respect to accreditation, and ACH has no knowledge of the proposed issuance of any such written notice. 32.18 No Defaults. 32.18.1 Except as set forth on Schedule 32.18.1, ACH is not in breach or default in any material respect under any term or provision of any Material Contract (as defined in the next sentence). For purposes of this Agreement, "Material Contracts" shall mean the following: all contracts, leases (capital and operating), and other agreements entered into by or on behalf of ACH which are in effect as of the Representation Date, have a term of more than one year, and involve a significant aspect of the operations of ACH, including but not limited to the following: 32.18.1.1 all management or consulting agreements and involving payment of more than $100,000 in the aggregate; 32.18.1.2 all service contracts, shared service agreements, joint 11 purchasing agreements, provider agreements or similar agreements and involving payment of more than $100,000 in the aggregate; 32.18.1.3 all leases of space and/or equipment and involving payment of more than $50,000 in the aggregate; Page 37 - AFFILIATION AGREEMENT PDXDOCS:1998401.9 32.18.1.4 all agreements for the sale or acquisition of capital assets and involving payment of more than $100,000 in the aggregate; 32.18.1.5 all service agreements and warranties with respect to assets of the Hospital and involving payment of more than $100,000 in the aggregate; 32.18.1.6 all installment payment agreements involving payment of more than $100,000 in the aggregate; 32.18.1.7 all membership or other agreements with groups or entities which engage in quality review or rate review procedures, involving payment of more than $100,000 in the aggregate; 32.18.1.8 all agreements with third-party administrators, involving payment of more than $100,000 in the aggregate; 32.18.1.9 all membership or other agreements with groups formed to coordinate facilities or services planning, involving payment of more than $100,000 in the aggregate; 32.18.1.10 all affiliation and transfer agreements or contracts with educational institutions, other health care facilities, and government agencies, involving payment of more than $100,000 in the aggregate; 32.18.1.11 all supply agreements involving payment of more than $100,000 in the aggregate; 32.18.1.12 all brokers' or finders' agreements involving payment of more than $100,000 in the aggregate; 32.18.1.13 all agreements pursuant to which any department of ACH is operated under a lease arrangement and involving payment of more than $100,000 in the aggregate; 32.18.1.14 all joint venture agreements or shareholder agreements to which ACH is a party or involving any ACH program or operations and involving payment of more than $100,000 in the aggregate; 32.18.1.15 all agreements or commitments related to physician hospital organizations (PHOs), medical services organizations (MSOs), physician networks, community care networks, integrated delivery networks, or other health care delivery systems or networks and all agreements or arrangements with physicians or physician groups; Page 38 - AFFILIATION AGREEMENT PDXDOCS:1998401.9 32.18.1.16 all indemnity arrangements for officers, directors, members, shareholders, or advisory board members of ACH; 32.18.1.17 license and sublicense agreements with respect to any computer software and involving payment of more than $50,000 in the aggregate; and 32.18.1.18 easement and real property operating agreements, loan agreements, promissory notes, trust deeds, mortgages, leases and all other agreements related to a real property interest of ACH. 32.18.2 Attached hereto at Schedule 32.18 is a true and correct list of all Material Contracts. 32.19 Exclusion from Health Care Programs. Except as listed on Schedule 32.19, (a) no current employee or independent contractor (whether an individual or entity) of ACH has been excluded from participating in any state or federal health care program, and (b) none of the officers, directors, agents or managing employees (as such term is defined in 42 U.S.C. §1320a- 5(b)) of ACH has been excluded from any state or federal health care program. 32.20 Environmental Matters. Without limiting the generality of Sections 32.6, 32.7 and 32.9: 32.20.1 except as disclosed in Schedule 32.20.1, ACH is in material compliance with all Environmental Laws and any Permits and Licenses required under applicable Environmental Laws. 32.20.2 except as disclosed in Schedule 32.20.2, ACH has not received any written notification from a Governmental Authority with respect to pending or ongoing investigations or enforcement actions related to alleged or potential violations of any applicable Environmental Law with respect to any of the Real Property (defined in Section 32.10.1) and/or with respect to any real property owned, leased or occupied by ACH, nor is ACH aware of any facts or conditions which could reasonably give rise to any such investigation or enforcement actions. 32.20.3 except as disclosed in Schedule 32.20.3, none of the following exists at any real property currently owned, leased, or occupied by ACH: (i) underground storage tanks, (ii) asbestos-containing material in any friable or damaged form or condition, (iii) materials or equipment containing polychlorinated biphenyls (PCBs), or (iv) landfills or surface impoundments. 32.20.4 ACH has provided to Asante all Environmental Reports and assessments relating to potential or actual environmental conditions on the Real Property and any real property currently owned, leased, or occupied by ACH that ACH has in its possession, control or knowledge. A complete list of those Environmental Reports is included in Schedule 32.20.4. Page 39 - AFFILIATION AGREEMENT PDXDOCS: 1998401.9 32.20.5 "Environmental Report," as used herein, shall mean any and all environmental site assessments, analyses, investigations or audits prepared by an independent environmental consultant licensed ("IECL") in Oregon to perform Phase I and Phase II investigations of current, past and potential environmental conditions on or under real property. ACH shall allow Asante to cause to be performed a Phase I Environmental Investigation and corresponding Environmental Report which meets ASTM 1527-05 standards for Phase I Environmental Assessments with an IECL suggested by, and reasonably acceptable to, Asante. 32.21 Fair Market Value. ACH has not (1) paid more than fair market value for any property or services received by it, including any property or services received from any member of its Board of Directors, officer, physician or physician group, or any legal entity in which such person has an ownership interest or (2) received consideration from any third party that is less than fair market value for goods or services rendered by ACH. ACH has only acquired goods or services necessary to advance or further its legitimate business and charitable purposes. The total compensation, including bonuses and benefits, paid to each contractor or employee of ACH as of the date of this Certificate, and for the five (5) years prior thereto, was negotiated at arms' length and is fair, reasonable, and consistent with industry standards. 32.22 Employment Matters. Except as set forth on Schedule 32.22: 32.22.1 Labor Matters. 32.22.1.1 ACH is not a party or otherwise subject to any collective bargaining or other agreement governing the wages, hours, or terms of employment of its employees. 32.22.1.2 There is no (i) unfair labor practice complaint against ACH pending before the National Labor Relations Board or any other governmental authority, (ii) labor strike, slowdown, or work stoppage actually occurring or, to the best knowledge of ACH threatened against ACH, (iii) representation petition regarding ACH's employees pending before the National Labor Relations Board, or (iv) grievance or any arbitration proceeding pending arising out of or under collective bargaining agreements applicable to ACH. 32.22.1.3 ACH has not experienced any primary work stoppage or other organized work stoppage involving its employees in the past two years. 32.22.1.4 Employment Claims. There are no pending claims and, to ACH's knowledge, no threatened claims by or on behalf of any of its employees under any federal, state, or local labor or employment laws or regulations. 32.22.1.5 Employment Agreements. Each of ACH's employees is an "at-will" employee and there are no written employment, commission, or compensation agreements of any kind between ACH and any of its employees. Schedule 32.22 lists all ACH employment or supervisory manuals, employment or supervisory policies, and written Page 40 - AFFILIATION AGREEMENT PDXDOCS:1998401.9 information generally provided to employees (such as applications or notices), and true and complete copies of those manuals, policies, and written information have been provided to Asante. ACH does not have any agreements or undertakings with its employees except as reflected in the items listed on Schedule 32.22. 32.22.1.6 Compensation. Schedule 32.22 contains a complete and accurate list of all officers, employees, and consultants of ACH, specifying their names and job designations, the total amount paid or payable as compensation to each of them, and the basis of such compensation, whether fixed or commission or a combination thereof, and accrued benefits for them as of the date of this Agreement. 32.22.1.7 Severance. Except as set forth on Schedule 32.22, ACH has no severance pay plan, policy, practice, or agreement with any of its employees. 32.23 Knowledge, after Reasonable Inquiry and Diligence Standard. As used in this Section 32 and its subsections, the words "to the knowledge" of ACH means the actual knowledge of the ACH Board, after the performance, by or under the direction of the designated ACH Board, of a reasonable investigation of the underlying, and reasonably available, facts relating to the referenced subject matter. 33. Representations and Warranties of Asante. Asante gives, as of the Representation Date, the following representations and warranties to ACH, the City, and ACH Foundation: 33.1 Due Organization; Good Standing; Power. Asante is an Oregon nonprofit corporation, exempt from federal income taxation under Section 501(c)(3) of the Code. Asante is duly formed, validly existing and in good standing under the laws of the State of Oregon, and has the corporate power and authority to own, operate or hold under lease its properties and assets and to carry on its business and operations as presently conducted. 33.2 Corporate Authorization. 33.2.1 Asante has the full corporate power and authority to enter into and to perform its obligations under this Agreement. 33.2.2 The execution, delivery and performance of this Agreement by Asante have been duly and properly authorized by all necessary corporate action in accordance with its articles of incorporation and corporate Bylaws. 33.2.3 This Agreement constitutes the valid and legally binding obligation of Asante, enforceable against Asante in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency, reorgariization, moratorium or other laws of general application now or hereafter in effect relating to or affecting the enforcement of creditors' rights generally and, except as provided under Section 31.3 of this Agreement and its subsections, that the remedies of specific performance, contract rescission and injunctive and other forms of equitable relief may not be available. Page 41 - AFFILIATION AGREEMENT PDXDOCS: 1998401.9 33.3 No Violation: Approvals. 33.3.1 Except to the extent specified in Schedule 33.3.1 hereto, the execution, delivery and performance of this Agreement shall not result in the creation of any lien, charge, or encumbrance of any kind or the termination or acceleration of any indebtedness or other obligation of Asante, and is not prohibited by, does not violate or conflict with any provision of, and does not constitute a default under or breach of any Asante material contract, indenture, mortgage, permit, license, approval or other commitment to which Asante is a party or is subject or by which Asante is bound, any judgment, decree, order, writ or injunction of any court or regulatory authority, or any law, statute, rule or regulation, applicable to Asante. 33.3.2 Except to the extent specified in Schedule 33.3.2 hereto, no approval, authorization, registration, consent, order or other action of or filing that has not occurred or been obtained with or from any person, including any court, administrative agency or other governmental authority, is required for the execution and delivery by Asante of this Agreement or the consummation by Asante of the transactions contemplated or required hereby. 33.4 Financial Statements. 33.4.1 Attached hereto as Exhibit 33.4.1 are true and correct copies of audited financial statements of Asante for the two (2) years ended September 30, 2012 and September 30, 2011 and unaudited financial statements of Asante for the interim period from October 1, 2012 through the most recent month-end date for which financial statements were available prior to the Execution Date (the "Asante Financial Statements"). For each month following the Execution Date until the Closing Date, by the twentieth (20th) day of such month, Asante shall provide ACH with monthly unaudited financial statements for the immediately preceding month. 33.4.2 The Asante Financial Statements are complete and present fairly in all material respects the financial position of Asante, and the results of the respective operations of Asante at the dates and for the periods indicated, in conformity with generally accepted accounting principles (except as otherwise disclosed on Schedule 33.4.2), applied consistently for the periods specified, including the consistent use of assumptions, practices, procedures and terminology, except that the interim financial statements need not contain any of the footnotes and other items required to comply with generally accepted accounting principles. 33.4.3 From and after October 1, 2012 (except as set forth in Schedule 33.4.3), Asante has not made any material changes to its accounting methods or practices, including methods or practices used to: 33.4.3.1 establish reserves on any patient and notes receivables; 33.4.3.2 establish estimates of any third-party settlements; and 33.4.3.3 determine the value of any other accounts which require subjective determinations. Page 42 - AFFILIATION AGREEMENT PDXDOCS:1998401.9 33.5 Legal Proceedings. Except as disclosed on Schedule 33.5, Asante is not a defendant in, nor to Asante's knowledge been threatened with, any action, suit, proceeding, complaint, charge, hearing or arbitration which may materially and adversely affect its business or financial conditions or Asante's ability to perform hereunder. Except as disclosed on Schedule 33.5, to the knowledge of Asante, Asante has not received written notice of any investigation or threatened investigation by any federal, state or local governmental or regulatory agency, including those involving its business practices and policies, which could have, in the aggregate, a materially adverse effect on its business. 33.6 No Material Omissions. 33.6.1 To Asante's knowledge, Asante has responded in all material respects to all written requests for information and documentation made by ACH in connection with ACH's due diligence review of the business, operations, assets and liabilities of Asante. Asante has not knowingly omitted any material information relating to the businesses, operations, assets or liabilities of Asante in its responses to ACH's written requests. Since the delivery of such responses to ACH, Asante has not received and not disclosed any material information which would render untrue or misleading any information previously disclosed to ACH in response to its written requests for information. 33.6.2 To Asante's knowledge, the representations and warranties of Asante contained in this Agreement, and each Exhibit, Schedule, certificate or other written statement delivered at Closing by Asante pursuant to this Agreement, are accurate, correct and complete, do not contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements and information contained therein not misleading. 33.7 Compliance with Law. Except as set forth on Schedule 33.7, to Asante's knowledge, Asante is in material compliance with all laws, regulations, ordinances, decrees and orders applicable to it, which are material to its business and operations. Without limiting the generality of the foregoing, Asante is in material compliance with all Environmental Laws and all employment laws, including, without limitation, provisions thereof relating to wages, hours and the payment of Social Security and similar taxes. 33.8 Tax Exempt Status. Asante is an exempt organization under Section 501(c)(3) of the Code and not a "private foundation" within the meaning of Section 509(a) of the Code. The Service has not taken, or, to the knowledge of Asante, proposed to take, any action to revoke the tax-exempt status of Asante, and has not determined in writing or, to the knowledge of Asante, proposed to announce, that Asante is a "private foundation" within the meaning of Section 509(c) of the Code. Asante has no knowledge of any change in its organization or operation which, to the knowledge of Asante, would result in a loss of Asante's status as an organization described in Section 501(c)(3) of the Code or which could cause Asante to be treated as a "private foundation" within the meaning of Section 509(a) of the Code. 33.9 Taxes. Asante has filed, or shall file, all returns, declarations, and reports and all information returns and statements required to be filed or sent with respect to all Taxes for all Page 43 - AFFILIATION AGREEMENT PDXDOCS: 1998401.9 periods ending on or within the five (5) year period preceding the Representation Date (collectively, the "Asante Returns"). Except as set forth on Schedule 33.9, as of the time of filing, the Asante Returns correctly reflected, and Asante Returns prepared or being prepared, but not yet filed as of the Representation Date shall correctly reflect, the income, business, assets, operations, activities and status of Asante, and any other information required to be shown therein. Asante has timely paid or made provision for all Taxes shown as due and payable on Asante Returns required to be filed or sent prior to the Representation Date and has made provision for timely payment of all Taxes that shall be shown as due and payable on Asante Returns required to be filed or sent by it after the Representation Date and relating to any period prior to the Closing Date. 33.10 Medicare and Medicaid. Except as set forth on Schedule 33.10, Asante is not engaged in termination proceedings as to its participation in Medicare or Medicaid, nor has Asante received notice that its current participation in Medicare or Medicaid is subject to any contest, termination or suspension as a result of alleged violations or any noncompliance with participation requirements. To the knowledge of Asante, Asante meets the conditions for participation in the Medicare and Medicaid programs, and there is not now pending or, to the knowledge of Asante any threatened proceeding or investigation under such programs involving any of the foregoing. 33.11 Exclusion from Health Care Programs. Except as listed on Schedule 33.11, to the knowledge of Asante, (1) no current employee or independent contractor (whether an individual or entity) of Asante has been excluded from participating in any state or federal health care program, and (2) none of the officers, directors, agents or managing employees (as such term is defined in 42 U.S.C. §1320a-5(b)) of Asante have been excluded from any state or federal health care program. 33.12 Knowledge, after Reasonable Inquiry and Diligence Standard. As used in this Section 33 and its subsections, the words "to the knowledge" of Asante mean the actual knowledge of such corporation, after the performance, by or under the direction of a designated executive officer thereof, of a reasonable investigation of the underlying, and reasonably available, facts relating to the referenced subject matter. 34. Representations and Warranties of the City. The City hereby gives, as of the Representation Date, the following representations and warranties to Asante: 34.1 Due Organization; Good Standing; Power. 34.1.1 City is an Oregon municipal corporation, exempt from federal income taxation under Section 115 of the Code. 34.1.2 City is duly formed and validly existing under the laws of the State of Oregon, and has the power and authority to own, operate or hold under lease its properties and assets and to carry on its business and operations as presently conducted. Page 44 - AFFILIATION AGREEMENT PDXD0CS:1998401.9 34.2 Authorization. 34.2.1 City has the full power and authority to enter into and to perform its obligations under this Agreement. 34.2.2 The execution, delivery and performance of this Agreement by City have been duly and properly authorized by all necessary action in accordance with Oregon law, the City's charter, ordinances, and all other applicable laws, as amended to the Representation Date, provided, however, that for purposes of this Section 34.2.2, "Representation Date" shall refer only to the Closing Date. 34.2.3 This Agreement constitutes the valid and legally binding obligation of City, enforceable against City in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or other laws of general application now or hereafter in effect relating to or affecting the enforcement of creditors' rights generally and, except as provided under Section 31.3 of this Agreement, that the remedies of specific performance, contract rescission and injunctive and other forms of equitable relief may not be available. 34.3 No Violation; Approvals. 34.3.1 Except to the extent specified in Schedule 34.3 hereto and its subsections, the execution, delivery and performance of this Agreement shall not result in the creation of any lien, charge, or encumbrance of any kind or the termination or acceleration of any indebtedness or other obligation of City, and is not prohibited by, does not violate or conflict with any provision of, and does not constitute a default under or breach of any Material Contract (defined as all contracts, leases (capital and operating), and other agreements entered into by or on behalf of City which are in effect as of the Representation Date, have a term of more than one year, and involve a significant aspect of the operations of City), indenture, mortgage, permit, license, approval or other commitment to which City is a party or is subject or by which City is bound, any judgment, decree, order, writ or injunction of any court or regulatory authority, or any law, statute, rule or regulation, applicable to City. 34.3.2 Except to the extent specified in Schedule 34.3.2 hereto, no approval, authorization, registration, consent, order or other action of or filing that has not occurred or been obtained with or from any person, including any court, administrative agency or other governmental authority, is required for the execution and delivery by City of this Agreement or the consummation by City of the transactions contemplated or required hereby. 34.4 Financial Statements. 34.4.1 The City website contains true and correct copies of audited financial statements of City for the two (2) years ended June 30, 2012 and June 30, 2011, and unaudited financial statements of City for the interim period from July 1, 2012, through the most recent month-end date for which financial statements were available prior to the Execution Date (the Page 45 - AFFILIATION AGREEMENT PDXDOCS:1998401.9 "City Financial Statements). For each month following the Execution Date until the Closing Date, by the twentieth (20th) day of such month, City shall provide Asante with monthly unaudited financial statements for the immediately preceding month. 34.4.2 The City Financial Statements are complete and present fairly in all material respects the financial position of City, and the results of its operations at the dates and for the periods indicated, in conformity with generally accepted accounting principles (except as otherwise disclosed on Schedule 34.4.2), applied consistently for the periods specified, including the consistent use of assumptions, practices, procedures and terminology, except that the interim financial statements need not contain any of the footnotes and other items required to comply with generally accepted accounting principles. 34.5 Legal Proceedings. Except as disclosed on Schedule 34.5, City is not a defendant in or, to the knowledge of City, threatened with any action, suit, proceeding, complaint, claim, charge, hearing or arbitration which may materially and adversely affect the ability of City to perform hereunder. Except as disclosed on Schedule 34.5, to the knowledge of City, City has not received written notice of any investigation or threatened investigation by any federal, state or local governmental or regulatory agency, including those involving its business practices and policies, which could have, in the aggregate, a materially adverse effect on the ability of City to perform hereunder. 34.6 Compliance with Law. Except as set forth on Schedule 34.6, to the knowledge of City, City is in material compliance with all laws, regulations, ordinances, decrees and orders applicable to it, which are material to the ability of City to perform hereunder. 34.7 Title to Real Property and Other Assets. 34.7.1 Schedule 34.7.1 sets forth an accurate and complete list of the two parcels of real property owned by City (the "City Real Property") which are currently leased by City to ACH, and which will be conveyed to ACH at the Closing. The lease or leases (collectively for purposes of this subsection 34.7.1, "leases") of the City Real Property are in full force and effect, ACH is not in default of the leases, and the City has no existing claims against ACH under the leases. 34.7.2 Except as disclosed on Schedule 34.7.2, City has good and defensible title to the City Real Property together with all facilities and other improvements located thereon including without limitation land improvements, buildings, fixed equipment and personal property of every kind, character and description, whether real, personal, tangible or intangible, used in connection with the operation of ACH or of any other business or activity owned, operated or., maintained by ACH as of the Representation Date (the "Other Property"), free and clear of all liens, mortgages, security interests, options, pledges, charges, covenants, conditions, restrictions and other encumbrances and claims of any kind or character whatsoever, other than covenants, restrictions and easements of record, and other than the lien of Umpqua Bank described in Section 9.1. Page 46 - AFFILIATION AGREEMENT PDXDOCS:1998401.9 34.7.3 Schedule 34.7.3 sets forth an accurate and complete list of real property leases by the City in which ACH is a tenant, lessee, subtenant, or otherwise, other than the City Real Property. The leases of the real property listed in Schedule 34.7.3 are in full force and effect, ACH is not in default of the leases, and the City has no existing claims against ACH under the leases. 34.8 Insurance. 34.8.1 Schedule 34.8.1 sets forth an accurate, correct and complete list (including the name of the insurer, coverage, premium and expiration date) of all binders and policies of insurance (collectively, the "Insurance Policies") maintained by City in which ACH is a named insured; or which otherwise insure assets used primarily in connection with the operation of ACH. 34.8.2 Except as set forth on Schedule 34.8.2, the Insurance Policies are in full force and effect and shall remain in full force and effect through the Closing Date. 34.9 No Defaults. 34.9.1 City is not in breach or default in any material respect under any term or provision of any Material Contract (as defined in the next sentence). For purposes of this Section 34.9.1, "Material Contracts" shall mean the following: all contracts, leases (capital and operating), and other agreements entered into by or on behalf of City which are in effect as of the Representation Date, have a term of more than one year, and involve a significant aspect of the operations of ACH. 34.10 Environmental Matters. Without limiting the generality of Sections 34.5 and 34.6: 34.10.1 Except as disclosed in Schedule 34.10.1, City is in material compliance with all Environmental Laws and any Permits and Licenses required under applicable Environmental Laws with respect to the City Real Property (defined in Section 34.7.1). 34.10.2 Except as disclosed in Schedule 34.10.2, City has not received any written notification from a Governmental Authority with respect to pending or ongoing investigations or enforcement actions related to alleged or potential violations of any applicable Environmental Law with respect to any of the City Real Property and/or with respect to any real property owned by the City and leased to or occupied by ACH, nor is City aware of any facts or conditions which could reasonably give rise to any such investigation or enforcement actions. 34.10.3 Except as disclosed in Schedule 34.10.3, none of the following exists at any real property owned by the City and leased to or occupied by ACH: (i) underground storage tanks, (ii) asbestos-containing material in any friable or damaged form or condition, (iii) Page 47 - AFFILIATION AGREEMENT PDXDOCS:1998401.9 materials or equipment containing polychlorinated biphenyls (PCBs), or (iv) landfills or surface impoundments. 34.10.4 City has provided to Asante all Environmental Reports and assessments relating to potential or actual environmental conditions on the City Real Property and any real property owned by the City and leased to or occupied by ACH that City has in its possession, control or knowledge. A complete list of those Environmental Reports is included in Schedule 34.10.4. 34.10.5 "Environmental Report," as used herein, shall mean any and all environmental site assessments, analyses, investigations or audits prepared by an independent environmental consultant licensed ("IECL") in Oregon to perform Phase I and Phase 11 investigations of current, past and potential environmental conditions on or under real property. City shall allow Asante to cause to be performed a Phase I Environmental Investigation and corresponding Environmental Report which meets ASTM 1527-05 standards for Phase I Environmental Assessments with an IECL suggested by, and reasonably acceptable to, Asante, with respect to the City Real Property and any real property owned by the City and leased to or occupied by ACH. 34.11 No Material Omissions. 34.11.1 To City's knowledge, City has responded in all material respects to all written requests for information and documentation made by Asante in connection with Asante's due diligence review of the business, operations, assets and liabilities of City. City has not knowingly omitted any material information relating to the businesses, operations, assets or liabilities of Asante in its responses to Asante's written requests. Since the delivery of such responses to Asante, City has not received and not disclosed any material information which would render untrue or misleading any information previously disclosed to Asante in response to its written requests for information. 34.11.2 To its knowledge, the representations and warranties of City contained in this Agreement, and each Exhibit, Schedule, certificate or other written statement delivered at Closing by City pursuant to this Agreement, are accurate, correct and complete, do not contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements and information contained therein not misleading. 34.12 Knowledge, after Reasonable Inquiry and Diligence Standard. As used in this Section 34 and its subsections, the words "to the knowledge" of City mean the actual knowledge of the City after the performance, by or under the direction of the designated executive officer thereof, of a reasonable investigation of the underlying, and reasonably available, facts relating to the referenced subject matter. 35. Representations and Warranties of the ACH Foundation. ACH Foundation hereby gives, as of the Representation Date, the following representations and warranties to Asante: Page 48 - AFFILIATION AGREEMENT PDXDOCS:1998401.9 35.1 Due Organization; Good Standing; Power. 35.1.1 ACH Foundation is an Oregon nonprofit corporation, exempt from federal income taxation under Section 501(a) of the Code, as an organization described in Section 501(c)(3) of the Code. 35.1.2 ACH Foundation is duly formed and validly existing under the laws of the State of Oregon, and has the corporate power and authority to own, operate or hold under lease its properties and assets and to carry on its business and operations as presently conducted. 35.2 Corporate Authorization. 35.2.1 ACH Foundation has the full corporate power and authority to enter into and to perform its obligations under this Agreement. 35.2.2 The execution, delivery and performance of this Agreement by ACH Foundation have been duly and properly authorized by all necessary action in accordance with its articles of incorporation, as amended to the Representation Date, and its corporate bylaws, as amended to the Representation Date; provided, however, that for purposes of this Section 35.2.2, "Representation Date" shall refer only to the Closing Date. 35.2.3 This Agreement constitutes the valid and legally binding obligation of ACH Foundation, enforceable against ACH Foundation in accordance with its terns, except as enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or other laws of general application now or hereafter in effect relating to or affecting the enforcement of creditors' rights generally and, except as provided under Section 31.3 of this Agreement, that the remedies of specific performance, contract rescission and injunctive and other forms of equitable relief may not be available. 35.3 No Violation; Approvals. 35.3.1 Except to the extent specified in Schedule 35.3 hereto, the execution, delivery and performance of this Agreement shall not result in the creation of any lien, charge, or encumbrance of any kind or the termination or acceleration of any indebtedness or other obligation of ACH Foundation, and is not prohibited by, does not violate or conflict with any provision of, and does not constitute a default under or breach of any Material Contract (defined as all contracts, leases (capital and operating), and other agreements entered into by or on behalf of ACH Foundation which are in effect as of the Representation Date and have a term of more than one year), indenture, mortgage, permit, license, approval or other commitment to which ACH Foundation is a party or is subject or by which ACH Foundation is bound, any judgment, decree, order, writ or injunction of any court or regulatory authority, or any law, statute, rule or regulation, applicable to ACH Foundation. 35.3.2 Except to the extent specified in Schedule 35.3.1 hereto, no approval, authorization, registration, consent, order or other action of or filing that has not occurred or been Page 49 - AFFILIATION AGREEMENT PDXDOCS:1998401.9 obtained with or from any person, including any court, administrative agency or other governmental authority, is required for the execution and delivery by ACH Foundation of this Agreement or the consummation by ACH Foundation of the transactions contemplated or required hereby. 35.4 Financial Statements. 35.4.1 Attached hereto as Exhibit 35.4.1 are true and correct copies of (i) audited financial statements of ACH Foundation for the two (2) years ended December 31, 2012 and December 31, 2011, and unaudited financial statements of ACH Foundation for the interim period from January I, 2013, through the most recent month-end date for which financial statements were available prior to the Execution Date (the "ACH Foundation Financial Statements). For each month following the Execution Date until the Closing Date, by the twentieth (20th) day of such month, ACH Foundation shall provide Asante with monthly unaudited financial statements for the immediately preceding month. 35.4.2 The ACH Foundation Financial Statements are complete and present fairly in all material respects the financial position of ACH Foundation, and the results of its operations at the dates and for the periods indicated, in conformity with generally accepted accounting principles (except as otherwise disclosed on Schedule 35.4.2), applied consistently for the periods specified, including the consistent use of assumptions, practices, procedures and terminology, except that the interim financial statements need not contain any of the footnotes and other items required to comply with generally accepted accounting principles. 35.5 Legal Proceedings. Except as disclosed on Schedule 35.5, ACH Foundation is not a defendant in or, to the knowledge of ACH Foundation, threatened with any action, suit, proceeding, complaint, claim, charge, hearing or arbitration which may materially and adversely affect its businesses or financial conditions or the ability of ACH Foundation to perform hereunder. Except as disclosed on Schedule 35.5, to the knowledge of ACH Foundation, ACH Foundation has not received written notice of any investigation or threatened investigation by any federal, state or local governmental or regulatory agency, including those involving its business practices and policies, which could have, in the aggregate, a materially adverse effect on ACH Foundation, or its respective business. 35.6 No Material Omissions. 35.6.1 To its knowledge, ACH Foundation has responded in all material respects to all written requests for information and documentation made by Asante in connection with Asante's due diligence review of the business, operations, assets and liabilities of ACH Foundation. ACH Foundation has not knowingly omitted any material information relating to the businesses, operations, assets or liabilities of ACH Foundation in its responses to Asante's requests. Since the delivery of such responses to Asante, ACH Foundation has not received and not disclosed any material information which would render untrue or misleading any information previously disclosed to Asante in response to its requests for information. Page 50 - AFFILIATION AGREEMENT PDXDOCS: 1998401.9 35.6.2 To its knowledge, the representations and warranties of ACH Foundation contained in this Agreement, and each Exhibit, Schedule, certificate or other written statement delivered at Closing by ACH Foundation pursuant to this Agreement, are accurate, correct and complete, do not contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements and information contained therein not misleading. 35.7 Compliance with Law. Except as set forth on Schedule 35.7, to the knowledge of ACH Foundation, ACH Foundation is in material compliance with all laws, regulations, ordinances, decrees and orders applicable to it, which are material to its business and operations. Without limiting the generality of the foregoing, to the knowledge of ACH Foundation, ACH Foundation is in material compliance with all Environmental Laws. "Environmental Laws," as used herein, shall mean any and all federal, state and local statutes and ordinances, and all rules and regulations promulgated thereunder, pertaining or relating to the identification, reporting, generation, manufacture, processing, distribution, use, treatment, storage, disposal, emission, discharge, release, transport or other handling of any pollutants, contaminants, chemicals, wastes, including medical wastes, radioactive material, or other noxious or harmful substances or materials. 35.8 Title to Real Property and Other Assets. 35.8.1 Schedule 35.8.1 sets forth an accurate and complete list of all real property owned by ACH Foundation (the "ACH Foundation Real Property") which will be conveyed to ACH at the Closing. 35.8.2 Except as disclosed on Schedule 35.8.2, ACH Foundation has good and defensible title to the ACH Foundation Real Property together with all facilities and other improvements located thereon including without limitation land improvements, buildings, fixed equipment and personal property of every kind, character and description, whether real, personal, tangible or intangible, (other than personal property or equipment owned by ACH) used in connection with the operation of ACH or of any other business or activity owned, operated or maintained by ACH as of the Representation Date (the "Other Property"), free and clear of all liens, mortgages, security interests, options, pledges, charges, covenants, conditions, restrictions and other encumbrances and claims of any kind or character whatsoever, other than covenants, restrictions and easements of record, except for the $82,000 lien described in Section 9.3. 35.8.3 Schedule 35.8.3 sets forth an accurate and complete list of real property in which ACH is a tenant, lessee, subtenant, or otherwise in possession of ACH Foundation Real Property or any other real property owned by ACH Foundation. The leases of the real property in Schedule 35.8.3 are in full force and effect, ACH is not in default of the leases, and ACH Foundation has no existing claims against ACH under the leases. 35.9 Insurance. 35.9.1 Schedule 35.9.1 sets forth an accurate, correct and complete list (including the name of the insurer, coverage, premium and expiration date) of all binders and policies of Page 51 - AFFILIATION AGREEMENT PDXDOCS: 1998401.9 insurance (collectively, the "Insurance Policies") maintained by ACH Foundation in which ACH is a named insured; or which otherwise insure assets used in connection with the operation of ACH. 35.9.2 Except as set forth on Schedule 35.9.2, the Insurance Policies are in full force and effect and shall remain in full force and effect through the Closing Date. 35.10 No Defaults. 35.10.1 To the knowledge of ACH Foundation, ACH Foundation is not in breach or default in any material respect under any term or provision of any Material Contract (as defined in the next sentence). For purposes of this Section 34.9.1, "Material Contracts" shall mean the following: all contracts, leases (capital and operating), and other agreements entered into by or on behalf of ACH Foundation which are in effect as of the Representation Date, have a term of more than one year, and involve a significant aspect of the operations of ACH. 35.11 Environmental Matters. Without limiting the generality of Section 35.5 and 35.7: 35.11.1 except as disclosed in Schedule 35.11.1, to the knowledge of ACH Foundation, ACH Foundation is in material compliance with all Environmental Laws and any Permits and Licenses required under applicable Environmental Laws with respect to the ACH Foundation Real Property (defined in Section 35.8.1). 35.11.2 except as disclosed in Schedule 35.11.2, ACH Foundation has not received any written notification from a Governmental Authority with respect to pending or ongoing investigations or enforcement actions related to alleged or potential violations of any applicable Environmental Law with respect to any of the ACH Foundation Real Property and/or with respect to any real property owned by ACH Foundation and leased to or occupied by ACH, nor is ACH Foundation aware of any facts or conditions which could reasonably give rise to any such investigation or enforcement actions. 35.11.3 except as disclosed in Schedule 35.11.3, to the knowledge of ACH Foundation none of the following exists at any real property owned by ACH Foundation and leased to or occupied by ACH Foundation: (i) underground storage tanks, (ii) asbestos- containing material in any friable or damaged form or condition, (iii) materials or equipment containing polychlorinated biphenyls (PCBs), or (iv) landfills or surface impoundments. 35.11.4 ACH Foundation has provided to Asante all Environmental Reports and assessments relating to potential or actual environmental conditions on the ACH Foundation Real Property and any real property owned by ACH Foundation and leased to or occupied by ACH that ACH Foundation has in its possession, control or knowledge. A complete list of those Environmental Reports is included in Schedule 35.11.4. 35.11.5 "Environmental Report," as used herein, shall mean any and all environmental site assessments, analyses, investigations or audits prepared by an independent Page 52 - AFFILIATION AGREEMENT PDXDOCS: 1998401.9 environmental consultant licensed ("IECL") in Oregon to perform Phase I and Phase II investigations of current, past and potential environmental conditions on or under real property. City shall allow Asante to cause to be performed a Phase I Environmental Investigation and corresponding Environmental Report which meets ASTM 1527-05 standards for Phase I Environmental Assessments with an IECL suggested by, and reasonably acceptable to, Asante, with respect to the ACH Foundation Real Property and any real property owned by ACH Foundation and leased to or occupied by ACH. 35.12 Knowledge, after Reasonable Inquiry and Diligence Standard. As used in this Section 35 and its subsections, the words "to the knowledge" of ACH Foundation mean the actual knowledge of the governing body of the ACH Foundation after the performance, by or under the direction of the designated executive officer thereof, of a reasonable investigation of the underlying, and reasonably available, facts relating to the referenced subject matter. 36. Covenants of ACH. ACH hereby agrees to keep, perform and fully discharge the following covenants and agreements, as applicable: 36.1 Interim Conduct of Business. From the Execution Date to the Closing Date, ACH shall: 36.1.1 preserve, protect and maintain the business, properties and assets of ACH; 36.1.2 operate the businesses of ACH as a going concern, consistent with prior practices and not other than in the ordinary course of business; 36.1.3 preserve the good will of all individuals and entities having business or other relations with ACH including physicians, employees, patients, customers and suppliers; 36.1.4 obtain all documents called for by this Agreement and required to facilitate the consummation of the transactions contemplated by this Agreement; 36.1.5 provide Asante promptly with interim financial statements, as referenced in Section 32.4.1, as soon as such are available; 36.1.6 Without providing to Asante prior written notification, not (1) make any changes, or permit any changes to be made, in the Articles of Incorporation, corporate bylaws, or Asante ACH Medical Staff Bylaws and other organizational documents of ACH, except for changes expressly authorized by this Agreement; or (2) enter into any transaction which could have a Material Adverse Effect (as defined in Section 45) on the businesses of ACH, except for transactions expressly authorized by this Agreement. 36.2 Preserve Accuracy of Representations and Warranties. From the Execution Date to the Closing Date: Page 53 - AFFILIATION AGREEMENT PDXDOCS:1998401.9 36.2.1 ACH shall not take any action which would render any representation or warranty contained in Section 32 or any of its subsections inaccurate or untrue as of the Closing Date. 36.2.2 ACH shall promptly notify Asante of any lawsuits, claims, administrative actions or other proceedings asserted or commenced against ACH or its respective officers, directors or members involving in any material way the businesses, properties or assets of ACH or of the Real Property. 36.2.3 ACH shall promptly notify Asante in writing of any facts or circumstances which come to its attention and which cause, or through the passage of time may cause, any of the representations and warranties made by such corporation and contained in Section 32 or any of its subsections to be untrue or misleading at any time from the Execution Date to the Closing Date. 36.3 Access to Information and Real Property. 36.3.1 From the Execution Date to the Closing Date, ACH shall give to Asante and to its representatives full and free access, during normal business hours, to all properties (including without limitation the Real Property (defined in Section 32.10.1) and the City Real Property and the ACH Foundation Real Property, collectively for purposes of this Section 36.3.1 "ACH Real Property"), books, records and contracts pertaining to the businesses, properties and assets of ACH, as may be reasonably requested, subject to reasonable advance notice and provided that Asante shall not exercise such rights of access in such manner as would unduly interfere with the operations of ACH's personnel or the activities of ACH's patients or guests. Asante's due diligence rights hereunder with respect to the ACH Real Property shall include, but not be limited to, the right to inspect the ACH Real Property and all improvements and structures on the ACH Real Property, and to conduct environmental, geotechnical, engineering, and other inspections and studies thereof, as Asante desires in its sole discretion, as long as any such inspections and studies comply with the prior sentence of this Section 36.3.1. 36.3.2 ACH shall cooperate in keeping Asante fully informed and shall promptly notify Asante of any change having a Material Adverse Effect or other adverse change in the normal course of business or prospects of ACH or any other business of ACH. 36.4 Maintain Books and Accounting Practices. From the Execution Date to the Closing Date, ACH shall maintain the books of account of ACH in the usual, regular and ordinary manner in accordance with generally accepted accounting principles consistently applied and on a basis consistent with prior years, including the consistent use of assumptions, practices, procedures and terminology, and ACH shall not make or cause to be made any material changes in the accounting methods or practices of ACID or relating to the ACH Real Property or the Other Property (defined in Section 32.10.2), including, as applicable, methods or practices: 36.4.1 establishing reserves on any patient and note receivables; Page 54 - AFFILIATION AGREEMENT PDXDOCS: 1998401.9 36.4.2 establishing reserves for all third-party settlements; and 36.4.3 determining the value of any other accounts which are subjectively determined. 36.5 Compliance with Laws; Consents. From the Execution Date to the Closing Date, ACH shall: 36.5.1 comply in all material respects with all applicable statutes, laws, ordinances and regulations pertaining to ACH or the operation of ACH; 36.5.2 subject to Section 36.8 hereof, keep, hold and maintain all certificates, certificates of need, certificates of exemption, accreditation, licenses and other permits necessary for the conduct and operation of ACH and any other business of ACH; and 36.5.3 use Reasonable Commercial Efforts to obtain and, as applicable, cooperate fully with Asante in Asante's efforts to obtain, all consents, approvals, exemptions and authorizations of third parties, whether governmental or private, make all filings, and give all notices which may be necessary or appropriate under all applicable laws and under all contracts, agreements and commitments in order to consummate the transactions contemplated or required by this Agreement. 36.6 Resolution of Outstanding Medicare Issues. 36.6.1 From the Execution Date to the Closing Date, ACH shall make all reasonable efforts to resolve all outstanding Medicare billing disputes, as identified on Schedule 32.16.1, prior to the Closing Date. 36.6.2 As of the Closing Date, ACH shall have filed all applicable appeals for Medicare and Medicaid cost reporting periods prior to December 31, 2012, for which ACH has received final notice. 36.7 No Merger or Consolidation. ACH shall not solicit or negotiate alternative bids, proposals, or opportunities from any other party with regard to a merger, affiliation, change or sale of membership interests, or sale of a material amount of assets relating to ACH, or merge or consolidate with, or acquire (except in the ordinary course) any of the assets of any other corporation, business or person. 36.8 Third-Party Authorizations; Estoppel Certificates. From the Execution Date to the Closing Date ACH shall obtain expeditiously all consents, approvals and authorizations of third parties, necessary for the valid execution, delivery and performance of this Agreement by ACH. From the Execution Date to the Closing Date, AN shall solicit and obtain estoppel certificates (using a form provided by Asante) from each and every third party to a lease of Real Property in which ACH is a party other than the City or ACH Foundation. Page 55 - AFFILIATION AGREEMENT PDXDOCS:1998401.9 36.9 Confidentiality of Asante Information. 36.9.1 Except as otherwise set forth in Section 36.9.2, ACH shall hold in confidence all information regarding Asante obtained in connection with the negotiation and performance of this Agreement or any due diligence investigation with respect to Asante. 36.9.2 The confidentiality obligation set forth in this Section 36.9 shall not apply to information that: 36.9.2.1 was known by ACH prior to receipt; 36.9.2.2 is or hereafter becomes lawfully obtainable by ACH from other sources; 36.9.2.3 ACH is required by law to disclose, including in any filings required to be made with any governmental agency and pleadings required to be filed with any court or tribunal; and 36.9.2.4 ACH is required to disclose to confirm the representations and warranties contained in Section 32 and its subsections. 36.9.3 If the transactions contemplated by this Agreement are not consummated, ACH shall continue to hold all confidential Asante information in confidence and shall immediately return to Asante all documents (and all copies thereof) containing such information. 36.9.4 ACH acknowledges that there is not an adequate remedy at law for the breach of this Section 36.9 and that, in addition to any other remedies available, injunctive relief may be granted for any such breach. The provisions of this Section 36.9 shall survive any termination of this Agreement. 36.10 Confidentiality of ACH Information. 36.10.1 If the change of the membership of ACH occurs pursuant to this Agreement, then, from the Closing Date and at all times thereafter into perpetuity, except as otherwise set forth in Section 36.10.2, ACH shall hold in confidence all information regarding ACH prior to the Closing Date, and shall not divulge such information to third parties or use in a manner detrimental to Asante, ACH, the ACH Foundation, or the City. 35.10.2 The confidentiality obligation set forth in Section 36.10.1 shall not apply to information that: 36.10.2.1 was known byACH prior to receipt; 36.10.2.2 is or hereafter becomes lawfully obtainable by ACH from other sources; Page 56 - AFFILIATION AGREEMENT PDXDOCS:1998401.9 36.10.2.3 ACH is required by law to disclose; or 36.10.2.4 ACH is required to disclose to confirm the representations and warranties contained in Section 32 and its subsections. 36.11 Performance of Undertakings. ACH shall use Reasonable Commercial Efforts to perform faithfully at all times any and all covenants, undertakings, stipulations and provisions applicable to it contained in this Agreement and in any and every document executed, authenticated and delivered hereunder. 36.12 Consummation of Transactions. ACH shall use Reasonable Commercial Efforts to consummate the transactions contemplated by this Agreement and shall not take any other action inconsistent with its obligations hereunder or which could hinder or materially delay the consummation of the transactions contemplated or required hereby. 36.13 Exclusivity. Between the Execution Date and the Closing Date, ACH will abide by the exclusive negotiations provision in Section 6 of the CNDA. 37. Covenants of Asante. Asante hereby agrees to keep, perform and fully discharge the following covenants and agreements: 37.1 Preserve Accuracy of Representations and Warranties. From the Execution Date until the Closing Date: 37.1.1 Asante shall not take any action which would render any representation or warranty contained in Section 33 or any of its subsections inaccurate or untrue as of the Closing Date. 37.1.2 Asante shall promptly notify ACH, the City, and ACH Foundation of any lawsuits, claims, administrative actions or other proceedings asserted or commenced against Asante, or its officers or directors involving in any material way the ability of Asante to consummate the transactions contemplated or required by this Agreement, or materially affecting Asante's business properties or its assets. 37.1.3 Asante shall promptly notify ACH, the City, and ACH Foundation in writing of any facts or circumstances which come to Asante's attention and which cause, or through the passage of time may cause, any of the representations and warranties contained in Section 33 or any of its subsections to be untrue or misleading. 37.2 Access to Information. 37.2.1 From the Execution Date to the Closing Date, Asante shall give to ACH and the City and to their representatives full and free access, during normal business hours, to all properties, books, records and contracts pertaining to the businesses, properties and assets of Asante as may be reasonably requested, subject to reasonable advance notice and provided that Page 57 - AFFILIATION AGREEMENT PDXDOCS:1998401.9 ACH shall not exercise such rights of access in such manner as would unduly interfere with the operations of Asante or the activities of Asante's patients or invitees. 37.2.2 Asante shall cooperate in keeping ACH and the City fully informed and shall promptly notify ACH of any change having a Material Adverse Effect or other adverse change in the normal course of business or prospects of Asante. 37.3 Compliance with Laws; Consents. From the Execution Date to the Closing Date, Asante shall: 37.3.1 comply in all material respects with all applicable statutes, laws, ordinances and regulations pertaining to Asante; 37.3.2 subject to Section 37.4 hereof and its subsections, keep, hold and maintain all certificates, certificates of need, certificates of exemption, accreditation, licenses and other permits necessary for the conduct and operation of Asante and any other business of Asante; and 37.3.3 use Reasonable Commercial Efforts to obtain and, as applicable, cooperate fully with ACH in ACH's efforts to obtain, all consents, approvals, exemptions and authorizations of third parties, whether governmental or private, make all filings, and give all notices which may be necessary or appropriate under all applicable laws and under all contracts, agreements and commitments in order to consummate the transactions contemplated or required by this Agreement. 37.4 Third Party Authorizations. From the Execution Date to the Closing Date: 37.4.1 Asante shall use Reasonable Commercial Efforts to obtain expeditiously all consents, approvals and authorizations of third parties and to give all notices under all applicable laws and under all contracts, agreements and commitments to which Asante is a party or is bound, to the extent necessary for the valid execution, delivery and performance of this Agreement by Asante. 37.4.2 Asante shall cooperate fully with ACH in its efforts to obtain all, consents, approvals, exemptions and authorizations of third parties, whether governmental or private, and to make all filings, necessary in order to consummate the transactions contemplated by this Agreement. 37.5 Confidentiality. 37.5.1 Except as otherwise set forth in Section 37.5.2, from the Execution Date and at all times thereafter, Asante shall hold in confidence all information regarding ACH obtained in connection with the negotiation and performance of this Agreement, or its due diligence investigation with respect to ACH and shall not divulge to third parties or use such information in a manner detrimental to ACH. Page 58 - AFFILIATION AGREEMENT PDXDOCS:1998401.9 37.5.2 The confidentiality obligation set forth in Section 37.5.1 shall not apply to information that: 37.5.2.1 was known by Asante when received; 37.5.2.2 is or hereafter becomes lawfully obtainable by Asante from other sources; 37.5.2.3 Asante is required by law to disclose; or 37.4.2.4 Asante is required to disclose to confirm the representations and warranties contained in Section 33 and its subsections. 37.5.3 If the transactions contemplated by this Agreement are not consummated, Asante shall continue to hold all such information in confidence and shall immediately return to ACH all documents (and all copies thereof) containing such information. 37.5.4 Asante acknowledges that there is not an adequate remedy at law for the breach of this Section 37.5 and its subsections and that, in addition to any other remedies available, injunctive relief may be granted for any such breach. The provisions of this Section 37.5 shall survive any termination of this Agreement. 37.6 Damage to Propert y. In the event that, at any time from the Execution Date to the Closing Date, Asante engages an environmental or similar consultant to take samples of or otherwise physically disturb any portion of the ACH Real Property, City Real Property, or ACH Foundation Real Property, Asante shall pay the costs of repairing any damage done to the damaged real property as a result of such consultant activity and Asante will provide the owner of such property with the results of any such study or sample. All such samplings shall be conducted in accordance with Section 36.3 above. 37.7 Performance of Undertakings. Asante shall use Reasonable Commercial Efforts to perform faithfully at all times any and all covenants, undertakings, stipulations and provisions applicable to it contained in this Agreement and in any and every document executed, authenticated and delivered hereunder. 37.8 Consummation of Transactions. Asante shall use Reasonable Commercial Efforts to consummate the transactions contemplated in this Agreement and shall not take any other action inconsistent with its obligations hereunder or which could hinder or materially delay the consummation of the transactions contemplated hereby. 38. Covenants of City. City hereby agrees to keep, perform and fully discharge the following covenants and agreements, as applicable: Page 59 - AFFILIATION AGREEMENT PDXDOCS:1998401.9 38.1 Interim Conduct of Business. From the Execution Date to the Closing Date, City shall: 38.1.1 preserve, protect and maintain the City Real Property, as defined in Section 38.3.1; 38.1.2 obtain all documents called for by this Agreement and required to facilitate the consummation of the transactions contemplated by this Agreement; 38.1.3 without providing to Asante prior written notification, not (1) make any changes, or permit any changes to be made, in the Articles of Incorporation, corporate bylaws, or ACH Medical Staff Bylaws and other organizational documents of ACH, except for changes expressly authorized by this Agreement; or (2) enter into any transaction which could have a Material Adverse Effect (as defined in Section 45) on the businesses of ACH, except for transactions expressly authorized by this Agreement. 38.2 Preserve Accuracy of Representations and Warranties. From the Execution Date to the Closing Date: 38.2.1 City shall not take any action which would render any representation or warranty contained in Section 34 or any of its subsections inaccurate or untrue as of the Closing Date. 38.2.2 City shall promptly notify Asante of any lawsuits, claims, administrative actions or other proceedings asserted or commenced against City or ACH or their respective officers, directors or members or City Councilors involving in any material way the businesses, properties or assets of ACH or of the City Real Property. 38.2.3 City shall promptly notify Asante in writing of any facts or circumstances which come to its attention and which cause, or through the passage of time may cause, any of the representations and warranties made by the City and contained in Section 34 or any of its subsections to be untrue or misleading at any time from the Execution Date to the Closing Date. 38.3 Access to Information and Real Property. 38.3.1 From the Execution Date to the Closing Date, City shall give to Asante and to its representatives full and free access, during normal business hours, to all properties (including without limitation the Real Property (defined in Section 32.10.1) and the City Real Property, collectively for purposes of this Section 38.3.1 ("City Real Property"), books, records and contracts pertaining to the businesses, properties and assets of ACH, as may be reasonably requested, subject to reasonable advance notice and provided that Asante shall not exercise such rights of access in such manner as would unduly interfere with the operations of ACH's personnel or the activities of ACH's patients or guests. Asante's due diligence rights hereunder with respect to the City Real Property shall include, but not be limited to, the right to inspect the City Real Property and all improvements and structures on the City Real Property, and to conduct environmental, geotechnical, engineering, and other inspections and studies thereof, as Page 60 - AFFILIATION AGREEMENT PDXDOCS:1998401.9 Asante desires in its sole discretion, as long as any such inspections and studies comply with the prior sentence of this Section 38.3.1. 38.3.2 City shall cooperate in keeping Asante fully informed and shall promptly notify Asante of any change having a Material Adverse Effect or other adverse change in the City Real Property. 38.4 Maintain Books and Accounting Practices. From the Execution Date to the Closing Date, City shall not make or cause to be made any material changes in the accounting methods or practices of ACH or relating to the ACH Real Property defined in Section 36.3.1 or the Other Property (defined in Section 32.10.2), including, as applicable, methods or practices: 38.4.1 establishing reserves on any patient and note receivables; 38.4.2 establishing reserves for all third-party settlements; and 38.4.3 determining the value of any other accounts which are subjectively determined. 38.5 Compliance with Laws; Consents. From the Execution Date to the Closing Date, City shall: 38.5.1 comply in all material respects with all applicable statutes, laws, ordinances and regulations pertaining to ACH or the operation of ACH; 38.5.2 use Reasonable Commercial Efforts to obtain and, as applicable, cooperate fully with Asante in its efforts to obtain, all consents, approvals, exemptions and authorizations of third parties, whether governmental or private, make all filings, and give all notices which may be necessary or appropriate under all applicable laws and under all contracts, agreements and commitments to which City is a party or is bound in order to consummate the transactions contemplated or required by this Agreement. 38.6 No Merger or Consolidation. City shall not solicit or negotiate alternative bids, proposals, or opportunities from any other party with regard to a merger, affiliation, change or sale of membership interests, or sale of a material amount of assets relating to ACH. 38.7 Third-Party Authorizations; Estoppel Certificates. From the Execution Date to the Closing Date City shall obtain expeditiously all consents, approvals and authorizations of third parties, necessary for the valid execution, delivery and performance of this Agreement by City. 38.8 Confidentiality of Asante Information. 38.8.1 Except as otherwise set forth in Section 38.8.2, City shall hold in confidence all information regarding Asante obtained in connection with the negotiation and performance of this Agreement or any due diligence investigation with respect to Asante. Page 61 - AFFILIATION AGREEMENT PDXDOCS:1998401.9 38.8.2 The confidentiality obligation set forth in this Section 38.8 shall not apply to information that: 38.8.2.1 was known by City prior to receipt; 38.8.2.2 is or hereafter becomes lawfully obtainable by City from other sources; 38.8.2.3 City is required by law to disclose, including in any filings required to be made with any governmental agency and pleadings required to be filed with any court or tribunal; and 38.8.2.4 City is required to disclose to confirm the representations and warranties contained in Section 34 and its subsections. 38.8.3 If the transactions contemplated by this Agreement are not consummated, City shall continue to hold in confidence all Asante trade secrets or information submitted by Asante in confidence (that is, information submitted pursuant to a confidentiality agreement in advance) and shall immediately return to Asante all documents (and all copies thereof) containing such information. 38.8.4 City acknowledges that there is not an adequate remedy at law for the breach of this Section 38.8 and that, in addition to any other remedies available, injunctive relief may be granted for any such breach. The provisions of this Section 38.8 shall survive any termination of this Agreement. 38.9 Confidentiality of City Information. 38.9.1 If the change of the membership of ACH occurs pursuant to this Agreement, then, from the Closing Date and at all times thereafter into perpetuity, except as otherwise set forth in Section 38.9.2, City shall hold in confidence all information regarding ACH prior to and after the Closing Date to the extent such information is or has been submitted in confidence (that is, submitted pursuant to a confidentiality agreement in advance), and shall not divulge such information to third parties or use in a manner detrimental to Asante, ACH, the ACH Foundation, or the City. 38.9.2 The confidentiality obligation set forth in Section 38.9.1 shall not apply to information that: 38.9.2.1 was known by City prior to receipt; 38.9.2.2 is or hereafter becomes lawfully obtainable by City from other sources; 38.9.2.3 City is required by law to disclose; or Page 62 - AFFILIATION AGREEMENT PDXDOCS:1998401.9 38.9.2.4 City is required to disclose to confirm the representations and warranties contained in Section 34 and its subsections. 38.10 Performance of Undertakings. City shall use Reasonable Commercial Efforts to perform faithfully at all times any and all covenants, undertakings, stipulations and provisions applicable to it contained in this Agreement and in any and every document executed, authenticated and delivered hereunder. 38.11 Consummation of Transactions. City shall use Reasonable Commercial Efforts to consummate the transactions contemplated by this Agreement and shall not take any other action inconsistent with its obligations hereunder or which could hinder or materially delay the consummation of the transactions contemplated or required hereby. 38.12 Exclusivity. Between the Execution Date and the Closing Date, City will abide by the exclusive negotiations provision in Section 6 of the CNDA. 39. Covenants of ACH Foundation. ACH Foundation hereby agrees to keep, perform and fully discharge the following covenants and agreements, as applicable: 39.1 Interim Conduct of Business. From the Execution Date to the Closing Date, ACH Foundation shall: 39.1.1 preserve, protect and maintain the ACH Foundation Real Property; 36.1.2 obtain all documents called for by this Agreement and required to facilitate the consummation of the transactions contemplated by this Agreement; 39.2 Preserve Accuracy of Representations and Warranties. From the Execution Date to the Closing Date: 39.2.1 ACH Foundation shall not take any action which would render any representation or warranty contained in Section 35 or any of its subsections inaccurate or untrue as of the Closing Date. 39.2.2 ACH Foundation shall promptly notify Asante of any lawsuits, claims, administrative actions or other proceedings asserted or commenced against ACH Foundation or its respective officers, directors or members involving in any material way the ACH Foundation Real Property. 39.2.3 ACH Foundation shall promptly notify Asante in writing of any facts or circumstances which come to its attention and which cause, or through the passage of time may cause, any of the representations and warranties made by ACH Foundation and contained in Section 35 or any of its subsections to be untrue or misleading at any time from the Execution Date to the Closing Date. Page 63 - AFFILIATION AGREEMENT PDMOCS:199a401.9 39.3 Access to Information and ACH Foundation Real Propert y. 39.3.1 From the Execution Date to the Closing Date, ACH Foundation shall give to Asante and to its representatives full and free access, during normal business hours, to the ACH Foundation Real Property, and books, records and contracts pertaining to the ACH Foundation Real Property, as may be reasonably requested, subject to reasonable advance notice and provided that Asante shall not exercise such rights of access in such manner as would unduly interfere with the operations of ACH Foundation. Asante's due diligence rights hereunder with respect to the ACH Foundation Real Property shall include, but not be limited to, the right to inspect the ACH Foundation Real Property and all improvements and structures on the ACH Foundation Real Property, and to conduct environmental, geotechnical, engineering, and other inspections and studies thereof, as Asante desires in its sole discretion, as long as any such inspections and studies comply with the prior sentence of this Section 39.3.1. 39.3.2 ACH Foundation shall cooperate in keeping Asante fully informed and shall promptly notify Asante of any change having a Material Adverse Effect or other adverse change in the ACH Foundation Real Property. 39.4 Maintain Books and Accounting Practices. From the Execution Date to the Closing Date, ACH Foundation shall maintain the books of account of ACH Foundation in the usual, regular and ordinary manner in accordance with generally accepted accounting principles consistently applied and on a basis consistent with prior years, including the consistent use of assumptions, practices, procedures and terminology, and ACH Foundation shall not make or cause to be made any material changes in the accounting methods or practices of ACH Foundation or relating to the ACH Foundation Real Property. 39.5 Compliance with Laws; Consents. From the Execution Date to the Closing Date, ACH Foundation shall: 39.5.1 comply in all material respects with all applicable statutes, laws, ordinances and regulations pertaining to ACH Foundation or the operation of ACH Foundation; 39.5.2 use Reasonable Commercial Efforts to obtain and, as applicable, cooperate fully with Asante in its efforts to obtain, all consents, approvals, exemptions and authorizations of third parties, whether governmental or private, make all filings, and give all notices which may be necessary or appropriate under all applicable laws and under all contracts, agreements and commitments to which ACH Foundation is a party or is bound in order to consummate the transactions contemplated or required by this Agreement. 39.6 No Merger or Consolidation. ACH Foundation shall not solicit or negotiate alternative bids, proposals, or opportunities from any other party with regard to a merger, affiliation, change or sale of membership interests, or sale of a material amount of assets relating to ACH Foundation, or merge or consolidate with, or acquire (except in the ordinary course) any of the assets of any other corporation, business or person. Page 64 - AFFILIATION AGREEMENT PDXDOCS:1998401.9 39.7 Third-Party Authorizations: Estoppel Certificates. From the Execution Date to the Closing Date ACH Foundation shall obtain expeditiously all consents, approvals and authorizations of third parties, necessary for the valid execution, delivery and performance of this Agreement by ACH Foundation. 39.8 Confidentiality of Asante Information. 39.8.1 Except as otherwise set forth in Section 39.8.2, ACH Foundation shall hold in confidence all information regarding Asante obtained in connection with the negotiation and performance of this Agreement or any due diligence investigation with respect to Asante. 39.8.2 The confidentiality obligation set forth in this Section 39.8 shall not apply to information that: 39.8.2.1 was known by ACH Foundation prior to receipt; 39.8.2.2 is or hereafter becomes lawfully obtainable by ACH Foundation from other sources; 39.8.2.3 ACH Foundation is required by law to disclose, including in any filings required to be made with any governmental agency and pleadings required to be filed with any court or tribunal; and 39.8.2.4 ACH Foundation is required to disclose to confirm the representations and warranties contained in Section 35 and its subsections. 39.8.3 If the transactions contemplated by this Agreement are not consummated, ACH Foundation shall continue to hold all confidential Asante information in confidence and shall immediately return to Asante all documents (and all copies thereof) containing such information. 39.8.4 ACH Foundation acknowledges that there is not an adequate remedy at law for the breach of this Section 39.8 and that, in addition to any other remedies available, injunctive relief may be granted for any such breach. The provisions of this Section 39.8 shall survive any termination of this Agreement. 39.9 Confidentiality of ACH Foundation Information. 39.9.1 If the change of the membership of ACH occurs pursuant to this Agreement, then, from the Closing Date and at all times thereafter into perpetuity, except as otherwise set forth in Section 39.9.2, ACH Foundation shall hold in confidence all information regarding ACH Foundation prior to the Closing Date, and shall not divulge such information to third parties or use in a manner detrimental to Asante, ACH, ACH Foundation, or the City. 39.9.2 The confidentiality obligation set forth in Section 39.9.1 shall not apply to information that: Page 65 - AFFILIATION AGREEMENT PDXDOCS:1998401.9 39.9.2.1 was known by ACH Foundation prior to receipt; 39.9.2.2 is or hereafter becomes lawfully obtainable by ACH Foundation from other sources; 39.9.2.3 ACH Foundation is required by law to disclose; or 39.9.2.4 ACH Foundation is required to disclose to confirm the representations and warranties contained in Section 35 and its subsections. 39.10 Performance of Undertakings. ACH Foundation shall use Reasonable Commercial Efforts to perform faithfully at all times any and all covenants, undertakings, stipulations and provisions applicable to it contained in this Agreement and in any and every document executed, authenticated and delivered hereunder. 39.11 Consummation of Transactions. ACH Foundation shall use Reasonable Commercial Efforts to consummate the transactions contemplated by this Agreement and shall not take any other action inconsistent with its obligations hereunder or which could hinder or materially delay the consummation of the transactions contemplated or required hereby. 39.12 Exclusivity. Between the Execution Date and the Closing Date, ACH Foundation will abide by the exclusive negotiations provision in Section 6 of the CNDA. 40. Conditions Precedent to Obligations of ACH. The obligations of ACH to consummate the transactions contemplated by this Agreement are, at the option of ACH subject to the satisfaction, on or prior to the Closing Date, of the following conditions: 40.1 Accuracy of Warranties; Performance of Covenants. The representations and warranties of Asante contained in Section 33 and its subsections shall be accurate in all material respects as if made on and as of the Closing Date. Asante shall have performed all of the obligations and complied with each and all of the covenants, agreements and conditions required to be performed or complied with by it on or prior to the Closing Date. 40.2 No Pending Action. No action or proceeding before any court or governmental body shall be pending or threatened wherein an unfavorable judgment, decree or order would prevent the carrying out of this Agreement or any of the transactions contemplated hereby, declare unlawful the transactions contemplated by this Agreement or cause such transactions to be rescinded. 40.3 Regulatory Approvals. All regulatory consents and approvals required for the consummation of the transactions contemplated or required by this Agreement shall have been obtained on or before the Closing Date. 40.4 Consents. All consents, approvals and authorizations of third parties required for the consummation of the transactions contemplated or required by this Agreement shall have been obtained on or before the Closing Date. Page 66 - AFFILIATION AGREEMENT PDXDOCS: 1998401.9 40.5 Exhibits and Schedules. It is not a condition precedent for this Agreement to be binding upon the Parties that all required Exhibits and Schedules be attached in a final form on the Execution Date. Notwithstanding the foregoing, all Exhibits and Schedules to this Agreement shall be complete and otherwise in final form acceptable to the Parties and shall be attached to the Agreement at Closing. Asante shall have cured any Disapproved Items set forth in its Schedules and Amended Schedules, in accordance with the process described in Section 27.5 and its subsections. 40.6 Delivery of Asante Closing Documents. Asante shall have executed and delivered the Asante Closing Documents. 40.7 Delivery of Other Agreements. Asante, the City, and ACH Foundation shall have executed and delivered all other agreements determined by the Parties to be necessary or appropriate to be entered into as of the Closing Date, relating to the transactions contemplated by this Agreement. 40.8 Material Adverse Change. There has not been a change having a Material Adverse Effect on the business, financial condition, results of operation or assets of the Asante as of, and for the annualized results of operation for the period commencing with the date of this Agreement and ending with the most recent month ending prior to the Closing Date, when compared to the same as of, and for the 12-month period ending, with the month ending immediately preceding the date of this Agreement. 40.9 EIB; Seniority. Asante and ACH shall have agreed to an approach to credit, transition and/or redeem certain seniority, paid time off (PTO) and extended illness benefits (EIB) of those ACH employees who will transition to Asante benefit programs following the Closing Date. Such agreement will be documented and attached to this Agreement at Closing as Schedule 40.9. 40.10 Satisfaction of Condition. If ACH is not satisfied, in its sole discretion, that each of the conditions set out in this Section 40 and its subsections has been satisfied, then, at any time prior to the Closing Date, ACH shall have the right to terminate this Agreement upon written notice to Asante, in which event, each Parties' obligation to complete the Closing shall automatically terminate. 41. Conditions Precedent to Obligations of Asante. The obligations of Asante to consummate the transactions contemplated by this Agreement are at the option of Asante, subject to the satisfaction, on or prior to the Closing Date, of the following conditions: 41.1 Accuracy of Warranties; Performance of Covenants. Except for changes or developments expressly permitted or contemplated by the express terms of this Agreement or anticipated changes or developments disclosed on a Schedule hereto, or negative performance trends encountered as a direct or indirect impact of transaction(s) like those that are part of this Agreement, the representations and warranties of the following entities and municipality shall be accurate in all material respects as if made on and as of the Closing Date: ACH as provided in Section 32 and its subsections, the City as provided in Section 34 and its subsections, and ACH Page 67 - AFFILIATION AGREEMENT PDXDOCS:1998401.9 Foundation as provided in Section 35 and its subsections. ACH, the City, and ACH Foundation shall have performed all of their respective obligations and complied with each and all of the covenants, agreements and conditions applicable to them required to be performed or complied with by them on or prior to the Closing Date. 41.2 No Pending Action. No action or proceeding before any court or governmental body shall be pending wherein an unfavorable judgment, decree or order would prevent the carrying out of this Agreement or any of the transactions contemplated hereby, declare unlawful the transactions contemplated by this Agreement or cause such transactions to be rescinded. 41.3 Regulatory Approvals. All regulatory consents and approvals required for the consummation of the transactions contemplated or required by this Agreement shall have been obtained on or before the Closing Date, without imposition of terms or conditions unacceptable to Asante in its sole discretion. 41.4 Consents. All consents, approvals and authorizations of third parties, required for the consummation of the transactions contemplated by this Agreement shall have been obtained on or before the Closing Date. 41.5 Exhibits and Schedules. It is not a condition precedent for this Agreement to be binding upon the Parties that all required Exhibits and Schedules be attached in a final form on the Execution Date. Notwithstanding the foregoing, all Exhibits and Schedules to this Agreement shall be complete and otherwise in final form acceptable to the Parties and shall be attached to the Agreement at Closing. ACH, the City, and the ACH Foundation shall have cured any Disapproved Items set forth in their respective Schedules and Amended Schedules, in accordance with the process described in Section 27.5 and its subsections. 41.6 Closing Documents. ACH, the City, and ACH Foundation shall have delivered, respectively, on or before the Closing Date, the ACH Closing Documents, the City Closing Documents, and the ACH Foundation Closing Documents. 41.7 Delivery of Other Agreements. ACH, the City, and ACH Foundation shall have executed and delivered all other agreements determined by the Parties to be necessary or appropriate to be entered into as of the Closing Date, relating to the transactions contemplated by this Agreement. 41.8 Change of Auditor. Subject to Section 23, ACH shall have approved KPMG as its auditor as of the Closing Date. 41.9 No Catastrophic Losses or Liabilities. Following the Execution Date, ACH shall have suffered or incurred no liabilities outside of the ordinary course of its businesses or casualty losses exceeding Three Million Dollars ($3,000,000) in the aggregate. 41.10 Due Diligence. Asante shall have completed its due diligence investigation of ACH and the resulting information from such investigation shall have been acceptable to Asante in its sole discretion. Page 68 - AFFILIATION AGREEMENT PDXDOCS:1998401.9 41.11 Material Adverse Chance. There has not been a change having a Material Adverse Effect on the business, financial condition, results of operation or assets of ACH or Asante as of, and for the annualized results of operation for the period commencing with the date of this Agreement and ending with the most recent month ending prior to the Closing Date, when compared to the same as of, and for the 12-month period ending, with the month ending immediately preceding the date of this Agreement. 41.12 Execution of the Agreement by ACH Foundation, ACH, and the City. The City, ACH, and ACH Foundation shall have executed this Agreement and agreed to its terms. 41.13 Environmental, Engineering and Asbestos Surveys. Asante has satisfied itself in its sole discretion with the condition of all ACH Real Property as defined in Section 36.3.1 and all buildings, structures, and improvements located thereon, and the condition thereof, and with the environmental condition of the ACH Real Property as defined in Section 36.3.1 and its compliance with all Environmental Laws. 41.14 Title Report. Asante shall have satisfied itself in its sole discretion and at its sole expense with the condition of title to the ACH Real Property as defined in Section 36.3.1, and the City, ACH, and ACH Foundation shall have performed each and every obligation required of them under this Agreement regarding the conveyance of the City Real Property and the ACH Foundation Real Property to ACH. 41.15 Medical Staff Bylaws, Policies and Procedures. ACH shall have amended the Asante ACH Medical Staff Bylaws, Policies and Procedures as provided in Section 15.4 hereof. 41.16 EIB; Seniority. Subject to Section 14, Asante and ACH shall have agreed to an approach to credit, transition and/or redeem certain seniority and extended illness benefits (EIB) of those ACH employees who will transition to Asante benefit programs following the Closing Date. Such agreement will be documented and attached to this Agreement at Closing as Schedule 40.9. 41.17 Evidence of Tail Insurance. ACH shall have delivered to Asante the evidence of the insurance coverage called for under Section 25 hereof. 41.18 Satisfaction of Condition. If Asante is not satisfied, in its sole discretion, that each of the conditions set out in this Section 41 has been satisfied, then, at any time prior to the Closing Date, Asante shall have the right to terminate this Agreement upon written notice to ACH, the City, and ACH Foundation, in which event, each Parties' obligation to complete the Closing shall automatically terminate. 42. Conditions Precedent to Obligations of City. The obligations.of City to consummate the transactions contemplated by this Agreement are, at the option of City subject to the satisfaction, on or prior to the Closing Date, of the following conditions: 42.1 Accuracy of Warranties; Performance of Covenants. The representations and warranties of Asante contained in Section 33 and its subsections shall be accurate in all material Page 69 - AFFILIATION AGREEMENT PDXDOCS:1998401.9 respects as if made on and as of the Closing Date. Asante shall have performed all of the obligations and complied with each and all of the covenants, agreements and conditions required to be performed or complied with by it on or prior to the Closing Date. 42.2 No Pending Action. No action or proceeding before any court or governmental body shall be pending or threatened wherein an unfavorable judgment, decree or order would prevent the carrying out of this Agreement or any of the transactions contemplated hereby, declare unlawful the transactions contemplated by this Agreement or cause such transactions to be rescinded. 42.3 Regulatory Approvals. All regulatory consents and approvals required for the consummation of the transactions contemplated or required by this Agreement shall have been obtained on or before the Closing Date. 42.4 Consents. All consents, approvals and authorizations of third parties required for the consummation of the transactions contemplated or required by this Agreement shall have been obtained on or before the Closing Date. 42.5 Exhibits and Schedules. It is not a condition precedent for this Agreement to be binding upon the Parties that all required Exhibits and Schedules be attached in a final form on the Execution Date. Notwithstanding the foregoing, all Exhibits and Schedules to this Agreement shall be complete and otherwise in final form acceptable to the Parties and shall be attached to the Agreement at Closing. Asante shall have cured any Disapproved Items set forth in its Schedules and Amended Schedules, in accordance with the process described in Section 27.5 and its subsections. 42.6 Delivery of Asante Closing Documents. Asante shall have executed and delivered the Asante Closing Documents. 42.7 Delivery of Other Agreements. Asante, ACH, and ACH Foundation shall have executed and delivered all other agreements determined by the Parties to be necessary or appropriate to be entered into as of the Closing Date, relating to the transactions contemplated by this Agreement. 42.8 Material Adverse Change. There has not been a change having a Material Adverse Effect on the business, financial condition, results of operation or assets of the Asante as of, and for the annualized results of operation for the period commencing with the date of this Agreement and ending with the most recent month ending prior to the Closing Date, when compared to the same as of, and for the 12-month period ending, with the month ending immediately preceding the date of this Agreement. 42.9 EIB; Seniority. Subject to Section 14, Asante and ACH shall have agreed to an approach to credit, transition and/or redeem certain seniority, paid time off (PTO) and extended illness benefits (EIB) of those ACH employees who will transition to Asante benefit programs following the Closing Date. Such agreement will be documented and attached to this Agreement at Closing as Schedule 40.9. Page 70 - AFFILIATION AGREEMENT PDXDOCS:1998401.9 42.10 Satisfaction of Condition. If City is not satisfied, in its sole discretion, that each of the conditions set out in this Section 42 has been satisfied, then, at any time prior to the Closing Date, City shall have the right to terminate this Agreement upon written notice to Asante, in which event, each Parties' obligation to complete the Closing shall automatically terminate. 43. Conditions Precedent to Obligations of ACH Foundation. The obligations of ACH Foundation to consummate the transactions contemplated by this Agreement are, at the option of ACH Foundation subject to the satisfaction, on or prior to the Closing Date, of the following conditions: 43.1 Accuracy of Warranties; Performance of Covenants. The representations and warranties of Asante contained in Section 33 and its subsections shall be accurate in all material respects as if made on and as of the Closing Date. Asante shall have performed all of the obligations and complied with each and all of the covenants, agreements and conditions required to be performed or complied with by it on or prior to the Closing Date. 43.2 No Pending Action. No action or proceeding before any court or governmental body shall be pending or threatened wherein an unfavorable judgment, decree or order would prevent the carrying out of this Agreement or any of the transactions contemplated hereby, declare unlawful the transactions contemplated by this Agreement or cause such transactions to be rescinded. 43.3 Regulatory Approvals. All regulatory consents and approvals required for the consummation of the transactions contemplated or required by this Agreement shall have been obtained on or before the Closing Date. 43.4 Consents. All consents, approvals and authorizations of third parties required for the consummation of the transactions contemplated or required by this Agreement shall have been obtained on or before the Closing Date. 43.5 Exhibits and Schedules. It is not a condition precedent for this Agreement to be binding upon the Parties that all required Exhibits and Schedules be attached in a final form on the Execution Date. Notwithstanding the foregoing, all Exhibits and Schedules to this Agreement shall be complete and otherwise in final form acceptable to the Parties and shall be attached to the Agreement at Closing. Asante shall have cured any Disapproved Items set forth in its Schedules and Amended Schedules, in accordance with the process described in Section 27.5 and its subsections. 43.6 Delivery of Asante Closing Documents. Asante shall have executed and delivered the Asante Closing Documents. 43.7 Delivery of Other Agreements. Asante, the City, and ACH shall have executed and delivered all other agreements determined by the Parties to be necessary or appropriate to be entered into as of the Closing Date, relating to the transactions contemplated by this Agreement. Page 71 - AFFILIATION AGREEMENT PDXDOCS:1998401.9 43.8 Material Adverse Change. There has not been a change having a Material Adverse Effect on the business, financial condition, results of operation or assets of the Asante as of, and for the annualized results of operation for the period commencing with the date of this Agreement and ending with the most recent month ending prior to the Closing Date, when compared to the same as of, and for the 12-month period ending, with the month ending immediately preceding the date of this Agreement. 43.9 Satisfaction of Condition. If ACH Foundation is not satisfied, in its sole discretion, that each of the conditions set out in this Section 43 and its subsections has been satisfied, then, at any time prior to the Closing Date, ACH Foundation shall have the right to terminate this Agreement upon written notice to Asante, in which event, each Parties' obligation to complete the Closing shall automatically terminate. 44. General Provisions. 44.1 Amendment. Except as otherwise provided in this Agreement, no amendment of any provision of this Agreement shall be effective, unless the same shall be in writing and signed by the Parties, and then such amendment shall be effective only in the specific instance and for the specific purpose for which given. 44.2 Notices. All notices, requests, demands and other communications hereunder shall be in writing and shall be delivered personally or sent by overnight courier or registered or certified mail, postage prepaid, as follows: If to Asante: Asante 2650 Siskiyou Blvd. Medford, OR 97504 Attention: Chief Executive Officer Peter F. Stoloff, P.C. 5285 Meadows Road, Suite 235 Lake Oswego, Oregon 97035, Attorney for Asante If to ACH (prior to the Closing Date): Ashland Community Hospital 280 Maple Street Ashland, OR 97520 Attention: Chief Executive Officer Page 72 - AFFILIATION AGREEMENT PDXDOCS:1998401.9 With a copy to: William S. Marine Miller Nash LLP I I I S.W. Fifth Avenue, Suite 3400 Portland, Oregon 97204, Attorney for ACH If to ACH Foundation: Ashland Community Hospital Foundation 280 Maple Street Ashland, OR 97520 Attention: Board Chair Allen Drescher, Attorney for ACH Foundation If to the City: City of Ashland 20 East Main Street Ashland, OR 97520 Attention: Administrator David Lohman, Ashland City Attorney 20 East Main Street Ashland, OR 97520 A Party may change its address for receiving notice by written notice given to the others named above. All notices shall be effective when received, if by personal delivery or overnight courier, or two (2) business days after being deposited in the mail addressed as set forth above, if mailed. 44.3 Expenses. Except as otherwise provided in this Agreement, each Party shall each pay its own fees and expenses and those of its respective agents, advisors, consultants, attorneys and accountants with respect to the transactions described in this Agreement, its respective due diligence investigations, and the negotiation of the Agreement and the Closing. 44.4 Entire Transaction. This Agreement contains the entire understanding of the Parties with respect to the transactions contemplated hereby and supersedes all other agreements and understandings of the Parties on the subject matter hereof, except that, to the extent that any agreement (including any agreement the form of which is attached hereto as an Exhibit or a " Schedule) is referred to herein in such manner as to clearly indicate that such agreement is designed to detail the agreement of the Parties with respect to the specified subject matter, the terms of such agreements shall govern with respect to such subject matter, except that the dispute Page 73 - AFFILIATION AGREEMENT POMOCS:199a401.9 resolution procedures set forth in Section 31 and its subsections shall apply to disputes under any agreement delivered on or prior to the Closing. 44.5 Applicable Law; Forum. This Agreement shall be governed by and construed in accordance with the internal laws of the State of Oregon. Subject to Section 31 hereof, any proceeding which arises out of or relates in any way to the subject matter of this Agreement shall be brought in Medford, Oregon in the Jackson County Circuit Court. The Parties hereby consent to the jurisdiction of such courts and waive their right to challenge any proceeding involving or relating to this Agreement on the basis of lack of jurisdiction over the Party or forum non conveniens. 44.6 Headings. Headings of Sections in this Agreement and the table of contents hereof are solely for convenience or reference, do not constitute a part hereof and shall not affect the meaning, construction or effect hereof. 44.7 Gender. Unless the context otherwise indicates, words importing the singular shall be deemed to include the plural, and vice versa, and the use of the neuter, masculine or feminine gender is for convenience only and shall be deemed to mean and include any other gender, as appropriate. 44.8 Further Assurances. After the Closing, each Party shall take such further actions and execute and deliver such additional documents and instruments as may be reasonably requested by another Party in order to perfect and complete the transactions specifically contemplated herein. 44.9 Waiver of Terms. Any of the terms or conditions of this Agreement may be waived at any time by the Party which is entitled to the benefit thereof but only by a written notice signed by the Party waiving such terms or conditions. The waiver of any term or condition shall not be construed as a waiver of any other term or condition of this Agreement. 44.10 Partial Invalidity. In case any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement, but this Agreement shall be construed as if such invalid, illegal or unenforceable provision or provisions had never been contained herein. 44.11 Exhibits and Schedules. The attached Exhibits and Schedules shall be construed with and as an integral part of this Agreement to the same extent as if the same had been set forth verbatim herein. 44.12 Non-Assumption of Liabilities. 44.12.1 Asante, by entering into and performing this Agreement, shall not become liable for any of the existing or future obligations, liabilities or debts of ACH, the City, or ACH Foundation unless Asante expressly assumes such obligations, liabilities, or debts. Page 74 - AFFILIATION AGREEMENT PDXDOCS:1998401.9 44.12.2 No member, director, officer, agent or employee of any of the Parties shall be individually or personally liable for the obligations of any such Party hereunder or subject to personal liability or accountability by reason or approval, execution or delivery of this Agreement. 44.13 Binding Effect; Non-Assignment. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors, assigns and legal representatives, but no Party may assign its rights in this Agreement or delegate its duties under this Agreement to a third party by any means without first obtaining the prior written consent of all other Parties. 44.14 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The Parties agree that facsimile or PDF copies of signatures shall be deemed originals for all purposes hereof and that a Party may produce such copies, without the need to produce original signatures, to prove the existence of this Agreement in any proceeding brought hereunder. 44.15 Access to Records and Information. If and to the extent applicable to this Agreement and to any agreement contemplated hereunder or entered into pursuant hereto between or among the Parties, the Parties agree to comply with the requirements of Public Law 96-499, Section 952 (Section 1861(v)(1)(I) of the Social Security Act) and regulations promulgated thereunder. 44.16 No Third-Party Beneficiaries. This Agreement shall not confer any rights or remedies upon any person or other third party other than the Parties and their respective successors and permitted assigns. 44.17 Time is of the Essence. Time is of the essence in the performance of this Agreement. 44.18 Fair Meanine. This Agreement shall be construed according to its fair meaning and as if prepared by all Parties hereto. 44.19 Recitals. The recitals set forth above constitute a substantive part of this Agreement. 45. Glossary. For convenience, set forth below are summary descriptions of the defined terms used in this Agreement. Parentheses at the end of each definition show the place in the Agreement where the term is initially defined. To the extent of any inconsistency between the meaning of a term as initially defined earlier in this Agreement, and any summary definition below, the initial definition shall govern. ACH Board has the definition set forth in Section 2.2. Page 75 - AFFILIATION AGREEMENT PDXDOCS: 1998401.9 ACH Closing Documents means the documents to be delivered by ACH at the Closing, as set forth in Section 27.4.2. ACH Financial Statements shall have the meaning set forth in Section 32.4.1. Agreement means this Affiliation Agreement among Asante, ACH, the City, and ACH Foundation. (Introductory Paragraph). Amended Schedule shall have the meaning set forth in Section 27.5. Amending Party shall have the meaning set forth in Section 27.5. Anti-Kickback Statute shall have the meaning set forth in Section 32.16.2. Arbitration Demand shall have the meaning set forth in Section 31.2.2.3. Asante Board means the Board of Directors of Asante set forth in Section 2.2. Asante Closing Documents means the documents to be delivered by Asante at the Closing, as set forth in Section 27.4.1. Asante Financial Statements shall have the meaning set forth in Section 33.4.1. ASP shall mean Arbitration Service of Portland, Inc., or its successor organization. (Section 31.3.1). Benefit Plans shall have the meaning set forth in Section 32.15.1. Closing shall have the meaning set forth in Section 27.2. Closing Date shall have the meaning set forth in Section 27.2. Closing Date Documents shall have the meaning set forth in Section 27.2.1. Code means the Internal Revenue Code of 1986, and all Treasury Regulations relating thereto, as may be amended from time to time. Dispute Notice shall have the meaning set forth in Section 31.2.2. DNV Healthcare, Inc. shall have the meaning set forth in Section 32.17. Employee shall have the meaning set forth in Section 14.5. Environmental Law shall have the meaning set forth in Section 32.9. Environmental Report shall have the meaning set forth in Section 32.20.5. Page 76 - AFFILIATION AGREEMENT PDXDOCS:1998401.9 ERISA means the Employee Retirement Income Security Act of 1974, as amended. (Section 32.15.1). Execution Date means the day of May, 2013. (Introductory Paragraph). Insurance Policies shall have the meaning set forth in Section 32.13.1. Licenses and Permits shall have the meaning set forth in Section 32.7.1. Material Adverse Effect as to ACH shall mean (A) any event, occurrence or matter having or potentially having a financial impact of $500,000 or more or (B) three consecutive months with operating losses in excess of $200,000 per each month or an aggregate loss for such three month period of $600,000 a loss in value of invested funds of more than $1,000,000 and, as to Asante, shall mean any event, occurrence or matter having or potentially having a financial impact of $10,000,000 or more. (Section 41.11 and 43.8). Material Contracts shall have the meaning set forth in Section 32.18.1. Meet and Confer Request shall have the meaning set forth in Section 31.2.1. Other Property shall have the meaning set forth in Sections 32.10.2, 34.7.2, and 35.8.2, as applicable. Parties means Asante, ACH, the City, and ACH Foundation collectively, except in Section 31, where "Parties to the dispute" excludes Parties not participating in the dispute resolution procedures therein. Party means any of Asante, ACH, the City, and ACH Foundation after each executes the Agreement and becomes a Party hereto. Plan shall have the meaning set forth in Section 5.2.2. The Plan is a single-employer defined benefit pension plan called the Ashland Community Hospital Retirement Plan. The Plan was frozen on December 31, 2006. Representation Date means the Execution Date and the Closing Date. Schedule shall have the meaning set forth in Section 27.5. Stark 11 shall have the meaning set forth in Section 32.16.2. Taxes mean all federal, state, county, local and other taxes of every kind. (Section 32.14). Title Company means the Company issuing the Title Policy. (Exhibit 9.9, Section 3.1). Title Policy shall have the meaning set forth in Exhibit 9.9, Section 3.1. Page 77 - AFFILIATION AGREEMENT PDXDOCS:1998401.9 Title Report shall have the meaning set forth in Exhibit 9.9, Section 3.1. VEBA shall have the meaning set forth in Section 32.15.1.7. Page 78 - AFFILIATION AGREEMENT PDXDOCS:1998401.9 IN WITNESS WHEREOF, the Parties, acting through their duly authorized representatives, have executed this Affiliation Agreement as of the day and year first above written. Asante By: By: William D. Thomclike Date Roy Vinyard Date Board Chair President and Chief Executive Officer Ashland Community Hospital By: By: Anne Golden Date Douglas Diehl, MD Date Board Chair Board Chair Elect Ashland Community Hospital Foundation By: By: Sandra Slattery Date Tom Grimland Date Board President Past Board President City of Ashland By: By: John Stromberg Date Dave Kanner Date Mayor Administrator Page 79 - AFFILIATION AGREEMENT PDXDOCS:1998401.9 LIST OF ATTACHMENTS (Exhibits and Schedules) EXHIBITS TO AFFILIATION AGREEMENT EXHIBIT DESCRIPTION Page 80 - AFFILIATION AGREEMENT PDXDOCS:1998401.9 ALL SCHEDULES TO AFFILIATION AGREEMENT TO BE -tieK+P ~0'... uc PROVIDED BY ` s, SCHEDULE,,- DESCRIPTION;,., Page 81 - AFFILIATION AGREEMENT PDXDOCS:1998401.9 ALL SCHEDULES. I TO AFFILIATION AGREEMENTtTO BE --PROVIDED BY SCHEDULE DESCRIPTION Page 82 - AFFILIATION AGREEMENT PDXDOCS:1998401.9 i CITY OF ASHLAND Council Communication June 4, 2013, Business Meeting Increases in Miscellaneous Fees & Charges (Public Hearing) FROM: Lee Tuneberg, Administrative Services Director, tuneberl@ashland.or.us SUMMARY This public hearing is to consider changes to some of the various fees and charges used by the City. Many remain the same but some are recommended to increase by an inflationary factor such as Consumer Price Index (CPI), or Engineering News Report for construction (ENR). Others are adjusted to cover cost of service as recommended by staff. There are new charges being recommended, including a building permit reinstatement fee. BACKGROUND AND POLICY IMPLICATIONS: A staff goal had been to create an annual process that deals with most, if not all, miscellaneous fees and charges, and a booklet that is comprehensive yet easy to use. This is the second annual renewal of that process, which was initiated in FY' 11. Prior to that time, the City of Ashland adopted multiple resolutions and ordinances that set specific rates and fees for the services rendered to the public. Attached are the draft booklet and a resolution to establish or update the included fees effective July 1, 2013, unless another effective date is set by separate Council action. As you review the booklet you will see that new fees and changes to old ones are identified in a proposed column and are bolded. If an entry is not bolded or identified as a new or changed fee it is the existing amount or methodology for calculation. Also attached are memos from departments explaining changes beyond inflationary adjustments. Please note that: 1. Items not approved may come back to Council separately or in this process next year. 2. Not all fees and charges are changing; 3. City and Park fees are included; 4. Utility rates and system development charges are examples of charges that are not incorporated within this process and resolution; and 5. Some of the larger increases relate to "cost of providing the service" as substantiated by the departmental memo, and are intended to have the requestenbear the cost, not others. We should expect that there may be some "errors and omissions" so staff is requesting through the resolution that it take priority over any disconnects or conflicts that may occur. When such incidents occur, staff will correct them as soon as possible and incorporate the revisions in updates to this new, annual process. Page I of 3 kITAX, CITY OF ASHLAND Those department requesting changes are listed below. To assist you in your review, the following proposed changes are highlighted: Community Development: The Planning/Community Development Miscellaneous Fees and Charges were updated using March 2013 CPI. A Building Permit Reinstatement Fee was added as well as a Building Permit Refund Policy. Electric: General cost increases are the main drivers for the fee increases. The remaining fees were increased using the May 2013 ENR Cost Index. Fire: Fire inspection fees are to be increased by 1.5% in accordance with the March 2013 CPI. Information Technology: Fiber rates are being deleted and will be quoted in response to individual business case and specified in Master Service Agreements. Truck roll fees are being adjusted in response to a competitive market & to better recover actual costs. Consulting and Technical Support will be increased to the industry standard. Public Works: The installation of all new services and large taps regardless of size will be charged on a time and materials basis due to the variance of each project. Annual CPI and ENR increases are also included. Parks & Recreation: Fees are being adjusted as approved by the Parks and Recreation Commission on January 28, 2013. Department representatives are available to answer specific questions on charges and changes within their area of expertise. FISCAL IMPLICATIONS: These adjustments will fund or help to fund operations, most representing payments for requested services. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends Council approve these charges. SUGGESTED MOTION: I move approval of a resolution titled, "A Resolution Adopting a Miscellaneous Fees & Charges Document and Repealing Prior Fee Resolution 2012-21." Page 2 of 3 Ir, CITY OF ASHLAND ATTACHMENTS: Resolution Miscellaneous Fees & Charges Document - Draft 2013-2014 Departmental Memos: Community Development Electric Fire Information Technology Public Works Parks Police Page 3 of 3 RESOLUTION NO. 2013- A RESOLUTION ADOPTING A MISCELLANEOUS FEES AND CHARGES DOCUMENT AND REPEALING PRIOR FEE RESOLUTION 2012-21 Recitals: A. The City currently has many ordinances that establish fees for different departments and activities. , B. The City desires to provide all of its miscellaneous fees and charges in one document so that citizens can easily determine the costs of city services. C. The City desires to repeal all prior resolutions that establish fees and charges and adopt all fees and charges with one resolution for convenience of its citizenry. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The Miscellaneous Fees and Charges Document, which is attached hereto and incorporated herein by this reference, is hereby approved and establishes the fees and charges for City services. New fees, those not charged before, are not affective until 30 days following date of approval unless otherwise established by Council action. SECTION 2. The following resolutions are specifically repealed: Resolutions 2012-21 and all other fees and charges inconsistent with the fees and charges set forth herein are repealed. SECTION 3. This resolution was duly PASSED and ADOPTED this day of 2013, and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this _ day of June, 2013. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Page I of 1 CITY OF ASHLAND MISCELLANEOUS FEES AND CHARGES DOCUMENT ADOPTED: EFFECTIVE: July 1, 2013 REVISED: ASHLAND PARKS & RECREATION PARKS AND RECREATION MISCELLANEOUS FEES AND CHARGES ADOPTED:' EFFECTIVE: July 1, 2013 Revised: Miscellaneous Fees and Charges page 2 miscellaneous fees & charges Table of Contents CITY OF -ASHLAND MISCELLANEOUS FEES AND CHARGES ALPHABETICALLY BY DEPARTMENT SECTION 1 - Administrative Services/Finance Administrative Billing Charge ..............................................................................................................................Page 8 Initial Business License Application Fee ..............................................................................................................Page 8 Temporary Business License Application Fee ......................................................................................................Page 8 Renewal Application Fee .....................................................................................................................................Page 8 Rental Property Fees .............................................................................................................................................Page 8 Late Application Fee .............................................................................................................................................Page 8 Late Renewal Fee (paid 30 days after the due date) ..............................................................................................Page 8 Utility Billing Administrative Fees .......................................................................................................................Page 9 Reconnection Charge ............................................................................................................................................Page 9 Service Connection .....................:.........................................................................................................................Page 9 Parking Structure Fees ..........................................................................................................................................Page 9 Downtown Parking Area Fees ...............................................................................................................................Page 9 SECTION 2 - City Recorder Copy Fees ............................................................................................................................................................Page 10 Audio Tapes ........................................................................................................................................................Page 10 Liquor Licenses ....................................................................................:..............................................................Page 10 Taxicab Licenses ..................................................................................................................................................Page 10 Lien Searches ......................................................................................................................................................Page 10 Elections ..............................................................................................................................................................Page 10 Street/Alley Vacations ........................................................................................................................................Page 10 Ambulance ..........................................................................................................................................................Page 10 Annexation ..........................................................................................................................................................Page 10 Research Fee .......................................................................................................................................................Page 10 SECTION 3 - Community Development Pre-Application Conference .................................:..............................................................................................Page 11 Administration Actions .......................................................................................................................................Page I1 Type 1, 11 and III Reviews ...................................................................................................................................Page I I Legislative Amendments .....................................................................................................................................Page 12 Appeals ................................................................................................................................................................Page 12 Solar Access ........................................................................................................................................................Page 12 Community Development Fee ............................................................................................................................Page 12 Copy Fees ............................................................................................................................................................Page 12 Prepared Documents ...........................................................................................................................................Page 12 Research Fee ......................................................................................................................................................Page 12 Building Permit Fees ...........................................................................................................................................Page 13 Plan Review Fee for Commercial and Residential ..............................................................................................Page 13 Miscellaneous Fees for Commercial ...................................................................................................................Page 13 Inspection Fees for Commercial and Residential ................................................................................................Page 14 „ Residential Plumbing Permit Fees ......................................................................................................................Page 14 Commercial Plumbing Permit Fees .....................................................................................................................Page 15 Residential Mechanical Permit Fees ...................................................................................................................Page 15 Commercial Mechanical Permit Fees ..................................................................................................................Page 16 Electrical Permit Fees .........................................................................................................................................Page 16 Residential Restricted Energy Electrical Permit Fees .........................................................................................Page 17 Renewable Energy Systems ................................................................................................................................Page 17 State of Oregon Surcharge ..................................................................................................................................Page 17 Building Permit Refund Policy ...........................................................................................................................Page 18 miscellaneous fees & charges page 3 Table of Contents SECTION 4 - Electric Temporary Service Drop .....................................................................................................................................Page 19 Meter Charges .....................................................................:...............................................................................Page 19 Non Radio Frequency Meter Charges .................................................................................................................Page 19 Non Sufficient Funds Check Fee ........................................................................................................................Page 19 Reconnection Charge ..........................................................................................................................................Page 19 Service Calls .......................................................................................................................................................Page 19 Service Connection .............................................................................................................................................Page 19 Scheduled Work After Hours ..............................................................................................................................Page 19 Unauthorized Connection ...................................................................................................................................Page 19 Line Extension Charges ......................................................................................................................................Page 20 ENR Calculations ................................................................................................................................................Page 20 SECTION 5 - Fire Copy Fees ............................................................................................................................................................Page 21 Report Fees .........................................................................................................................................................Page 21 Research Fee .......................................................................................................................................................Page 21 Fire Fees ..............................................................................................................................................................Page 21 - Emergency Medical Services ..............................................................................................................................Page 21 Plan Checks .........................................................................................................................................................Page 22 Other ...................................................................................................................................................................Page 22 First Aid/CPR Classes .........................................................................................................................................Page 22 Inspection Fees ....................................................................................................................................................Page 22 Weed Abatement .................................................................................................................................................Page 22 SECTION 6 - Information Technology Installation Fees ..................................................................................................................................................Page 23 Disconnect Fees ..................................................................................................................................................Page 23 Truck Roll ...........................................................................................................................................................Page 23 Field Technician Hourly Rate .............................................................................................................................Page 23 Consulting and Technical Support Hourly Rate ..................................................................................................Page 23 Non-City Employee Staff Screening ..........................:........................................................................................Page 23 Fiber Service Installation ....................................................................................................................................Page 23 Transit Fees .........................................................................................................................................................Page 23 Static IP Address .................................................................................................................................................Page 24 Quality of Service Fee .........................................................................................................................................Page 24 Business Augmented Upload Package ................................................................................................................Page 24 Non-Return of Customer Premise Equipment (CPE) Devices ............................................................................Page 24 CATV Seasonal Reconnects & Disconnects .......................................................................................................Page 24 CATV House Amp Fee .......................................................................................................................................Page 24 Utility Billing Lobby Signage Fee ......................................................................................................................Page 24 page 4 miscellaneous fees 8 charges Table of Contents SECTION 7 - Municipal Court Appeal Transcript Fee .........................................................................................................................................Page 25 City Attorney Deferred Sentence/Diversion .......................................................................................................Page 25 Civil Compromise Costs .................:...................................................................................................................Page 25 Compliance Inspection Fee ................................................................................................................................Page 25 Court Appointed Counsel Fees and Charges .......................................................................................................Page 25 Default Judgment ................................................................................................................................................Page 25 Discovery Fees ....................................................................................................................................................Page 25 Diversion by Municipal Court .............................................................................................................................Page 25 ' Extend/Amend City Attorney Deferred Sentence/Diversion ..............................................................................Page 25 Failure to Appear for Bench Trial/Show Cause Hearing ....................................................................................Page 25 Failure to Appear for Jury Trial ..........................................................................................................................Page 25 Forfeiture of Security ..........................................................................................................................................Page 25 Mediation of Violation (Municipal Court Mediation) ........................................................................................Page 25 Non Sufficient Funds Check Fee ........................................................................................................................Page 25 Court Costs .........................................................................................................................................................Page 25 Expunction ..........................................................................................................................................................Page 25 Show Cause Admission of Allegation .................................................................................................................Page 25 Bench Probation Fee ...........................................................................................................................................Page 25 Warrant ................................................................................................................................................................Page 25 Withholding on County Assessment ...................................................................................................................Page 25 Domestic Partnership Registration ......................................................................................................................Page 25 SECTION 8 -Police Police Reports Page 26 Research Fee ...................:...................................................................................................................................Page 26 Visa Letters .........................................................................................................................................................Page 26 Finger Print Cards.. Page 26 Photographs (CD) ................................................................................................................................................Page 26 Audio Tapes/1COP Videos ..................................................................................................................................Page 26 Non Sufficient Funds Check Fee ........................................................................................................................Page 26 Impound/Tow Fee ...............................................................................................................................................Page 26 Taxi Operator License .........................................................................................................................................Page 26 Bicycle License ...................................................................................................................................................Page 26 SECTION 9 - Public Works - Miscellaneous Fees & Charges Copy Fees, Black, White and Color ....................................................................................................................Page 27 Plat & Plan Checks ..............................................:...............................................................................................Page 27 Public Works/Engineering Inspections, Permit Etc ............................................................................................Page 28 GIS Data & Mapping Services ............................................................................................................................Page 29 Sanitary Sewer Connection Fees .........................................................................................................................Page 30 Water Connection Fees .......................................................................................................................................Page 30 Cemetery Fees .....................................................................................................................................................Page 31 Sexton Fees .........................................................................................................................................................Page 32 Miscellaneous Fees .............................................................................................................................................Page 32 Vases ................................................................................................................................................................:..Page 32 CPI & ENR Calculations ....................:................................................................................................................Page 32 miscellaneous fees 8 charges page 5 Table of Contents SECTION 10 - Parks and Recreation Miscellaneous Fees and Charges PARKS Wedding Packages ..............................................................................................................................................Page 34 Group Picnic Rentals ..........................................................................................................................................Page 34 Deposits ..............................................................................................................................................................Page 34 Special Event Fees Page 34 Alcohol Fee .........................................................................................................................................................Page 34 General Building Reservations ...........................................................................................................................Page 34 Field Usage .........................................................................................................................................................Page 34 Calle Seating .......................................................................................................................................................Page 35 Daniel Meyer Pool ..............................................................................................................................................Page 35 Youth & Adult Recreation Programs Ashland Rotary Centennial Ice Rink .......................................................Page 35 Oak Knoll Golf Course Fees ..............................................:................................................................................Page 35 Community Garden Fees ....................................................................................................................................Page 36 Nature Center School Programs ..........................................................................................................................Page 36 Nature Center Community Programs ..................................................................................................................Page 36 Oak Knoll Golf Course Wedding Fees ...............................................................................................................Page 36 Maps ....................................................................................................................................................................Page 36 SECTION 11 - List of Rates and Charges Set by Separate Resolutions System Development Charges (SDCs) List of Resolutions Parks and Recreation Resolution 2000-29 ..........................................................................................................Page 37 Transportation Resolution 1999-42 .....................................................................................................................Page 37 Sewer Resolution 2006-27 ..................................................................................................................................Page 37 Storm Resolution 2002-15 ..................................................................................................................................Page 37 Water Resolution 2006-27 ..................................................................................................................................Page 37 Utilities Rates and Fees List of Resolutions AFN Resolution 2010-28 ..........................................................................:.........................................................Page 37 Electric Resolution 2012-34 ................................................................................................................................Page 37 Sewer Resolution 2013-09 ..................................................................................................................................Page 37 Storm Drain Resolution 2013-28 ........................................................................................................................Page 37 Transportation Resolution 2013-27 .....................................................................................................................Page 37 Water Resolution 2013-08 ..................................................................................................................................Page 37 SECTION 12 - Research Fee Research Fee .......................................................................................................................................................Page 37 SECTION 13 - Building Valuation Data Building Safety Division-Building Valuation Data-February 2013 ................................................Page 38 page 6 miscellaneous fees 8 charges Miscellaneous Fees and Charges ,rim Miscellaneous fees 8 charges page 7 Section 1-Administration Administration Services/Finance Miscellaneous Fees and Charges Administrative Billing Charge (up to 10%) Per Billing Business License Fees Initial Business License Application Fee Licensee shall pay a prorated fee of $10 for each month, $120.00 for first 2 employees* or portion of a month, remaining in the fiscal year from +$5.00 for each additional the date of the application with a minimum fee of $25.00 employee Temporary Business License Application Fee $25.00 Renewal Application Fee $75.00 for first 2 employees* +$10.00 for each additional employee Rental PropertV Fees Same as above for activity including six or more properties. Late Application Fee $25.00 Late Renewal Fee (paid 30 days after the due date) 10% with a minimum of $25.00 *Pursuant to AMC 6.04.020.E an employee is an individual who performs service for another individual or organization. The number of employees reported shall be the number of employees as of the date the new ap- plication or renewal will become effective if approved. It does not matter whether an individual is a full, part- time, or temporary employee for business license purposes. page 8 miscellaneous fees and charges Section 1-Administration Utility Billing Miscellaneous Fees and Charges Administrative Fees: Notification of Pending Collection $10.00 Returned Check Charge $35.00 Reconnection Charge: During Business Hours $25.00 After Hours or Holidays $100.00 Service Connection: Normal working hours $10.00 Other Hours or Holidays $100.00 Parking Fees Parking Structure Fees: 6:00 a.m. - 6:00 p.m. (or segment) $1.00 6:00 p.m. - 2:00 a.m. (per hour) $1.00 6:00 a.m. - 2:00 a.m. (maximum) $3.00 Parking permit (where applicable in City structure or lot) 6:00 a.m. - 6:00 p.m. Monday - Saturday (unless otherwise posted) $20.00 Parking Ticket Surcharge (citywide) $4.00 Downtown Parking Area Fees: Short Term (<30 minutes) unloading from "marked" No charge business vehicle with flashers Daily parking permit (Orange)- 1st day or fraction of day $5.00/day Additional days (limited to 5 days; no charge on Sunday or $1.00/day federal holidays) • Limit of two per business address at a time • Applicable permits/licenses must be current • Each permit is good for one parking space • Not applicable to handicapped or short tern spaces equal to or less than 15 minutes, green loading zones, fire or other restricted areas. miscellaneous fees and charges page 9 Section 2-City Recorder City Recorder Miscellaneous Fees & Charges Copy Fees: Black and White Copies Letter/Legal Single-Sided $ .20 each Black and White Copies Letter/Legal Double-Sided $ .40 each Black and White Copies Tabloid Single-Sided $ .40 each Black and White Copies Tabloid Double-Sided $ .80 each Color Copies Letter Legal Single-Sided $1.50 each Color Copies Tabloid Single-Sided $3.00 each Audio Tapes: CD/DVD/Cassette $5.00 each Liquor Licenses: Temporary Liquor License (processing fee) $10.00 Liquor License (new processing fee) $100.00 Liquor License (change of ownership processing fee) $75.00 Annual Renewal Liquor License $35.00 Taxicab Licenses: New Certification application (one-time processing fee) $250.00 Annual Renewal of Certificate $200.00 (per vehicle) Lien Searches: (fees set by Ordinance 2385 in 1986) Routine requests $20.00 Rush/Fax Requests $30.00 Elections: (amount set by Resolution #2009-05) Required deposit for Citizens Initiative $500.00 Street/Alley Vacations: (filing fee set by Resolution 1994-24) Required deposit of filing fee $500.00 Ambulance: Annual renewal fee $300.00 Annual ambulance fee (each vehicle) $100.00 Annexation: Processing fee for County Department of Assessment $300.00 Research Fee: Refer to Section 12 on page 37 page 10 miscellaneous fees and charges Section 3-Community Development Planning/Community Development Miscellaneous Fees and Charges Current Proposed Pre-Application Conference: $127.00 $130.00 Administration Actions: Final Plat Review: Partitions $127.00+$10/lot $130.00+$10/lot Subdivisions $325.00+$27/lot $330.00+$28/lot New Sign Permit $127.00+$2.50/sq ft $130.00+$2.50/sq ft Replacement Sign Permit $27.00+2.50/sq ft •$28.00+$2.50/sq ft Home Occupation Permits $27.00 $28.00 Zoning permit (fence, accessory structure, etc.) $27.00 $28.00 Land Use Approval Extension Request $325.00 $330.00 Lot Line Adjustments $325.00 $330.00 Any other Administrative Action $325.00 $330.00 Type I Reviews: Tree Removal Permit (not associated with another action) $27.00 $28.00 Solar Setback Variance $982.00 $998.00 Amendments to Conditions $982.00 $998.00 Physical & Environmental Constraints Permit $982.00 $998.00 Conditional Use Permit - Accessory Residential Unit $638.00 $649.00 Conditional Use Permit (Type I only) $982.00 $998.00 Variance (Type I only) $982.00 $998.00 Residential Site Review $982.00+$65/unit $998.00+$66/unit Final Plan Performance Standards $982.00+$65/lot $998.00+$66/unit Land Partitions $982.00+$65/lot $998.00+$66/unit Commercial Site Review $982.00+.5% (.005) $998.00+.5% of project value** Any other Type I Review $982.00 $998.00 Independent Review of Wireless Communication Facilities*$5000.00 Type 11 Reviews: Conditional Use Permit (Type 11 only) $1970.00 $2,002.00 Variance (Type II only) $1970.00 $2,002.00 Outline Plan or Preliminary Plat for Subdivisions $1970.00+132/lot $2,002.00+$134/lot Final Plan with Outline . $2624.00+132/lot $2,666.00+$134/lot Commercial Site Review $1928.00+.5% (.005) $2,002.00+.5% of project value** Any other Type II Review $1970.00 $2,002.00 Independent Review of Wireless Communication Facilities* $5000.00 *The initial deposit required with an application for a new wireless communication facility that is not collocated is $5,000, and shall be used by the City for the costs of expert review of the application. If any time during the plan- ning application process the account balance is less than $1,000, the Applicant shall upon notification by the City replenish the account so the balance is at least $5,000. The maximum total consultant fees to be charged to the Ap- plicant shall be $10,000, and any unused portion of fee will be refunded. **Project value includes the estimated valuation of all structures (per State of Oregon Building Code), as well as all related project site improvements, such as grading, paving, landscaping, bioswales, etc. miscellaneous fees and charges page 11 Section 3-Community Development Type III Reviews, Current Proposed Zone/Comprehensive Plan Map Change $2624.00 $2,666.00 Comprehensive Plan Change $2624.00 $2,666.00 Annexation $3947.00 $4,010.00 Urban Growth Boundary Amendment $3947.00 $4,010.00 Any other Type Ill Review $3286.00 $3,339.00 Legislative Amendments: Comprehensive Plan Map/Large Zoning Map Amendment $4606.00 $4,680.00 Land Use Ordinance Amendment $4606.00 $4,680.00 Comprehensive Plan Amendment $4606.00 $4,680.00 City Sponsored Legislation (City Council Directive) $0.00 Appeals: Appeal for initial Public Hearing $150.00 Appeal for Final Decision of City $325.00 (Planning Commission or City Council) Solar Access: Solar Access Permit (not a Solar Variance) $50.00+$10.00 per lot affected Community Development Fee: This fee is charged concurrently with Building Permit 1.1% (.011) of Fees at the time of building permit application for all new construction building permits requiring a plan review. per building code definition of valuation Community Development Copy Fees Copy Fees: Black and White Copies Letter/Legal Single-Sided $ .20 each Black and White Copies Letter/Legal Double-Sided $ .40 each Black and White Copies Tabloid Single-Sided $ .40 each Black and White Copies Tabloid Double-Sided $ .80 each Color Copies Letter/Legal Single-Sided $1.50 each Color Copies Tabloid Single-Sided $3.00 each Prepared Documents: Site Design & Use Standards $5.00 Street Tree Guide $5.00 Transportation Element $5.00 Downtown Plans (2001, 1998) $5.00 Street Standards Guide $5.00 Comprehensive Plan/Land Use Code $40.00 Research Fee: Refer to Section 12 on page 37 page 12 miscellaneous fees and charges Section 3-Community Development Building Division Permit Fees for Commercial and Residential In accordance with OAR 918-050-0030, the applicant for a building permit shall provide an estimate of con- struction costs at the time of application. Permit valuations shall include value of all work, including mate- rials and labor, for which the permit is issued. This estimate shall also include the cost of electrical, gas, me- chanical, plumbing, and permanent equipment and systems. The City will also prepare an estimate of the building valuation based on. the current ICC Valuation table that is published and updated annually. The building permit will be based on the highest of these two estimates. Building Permit Fees: Total Value of Work Performed: $ 1.00 to $500.00 $10.00 $501.00 to $2,000.00 $10.00 for the first $500.00 plus $1.50 for each additional $100.00 or fraction thereof, to and including $2,000.00 $2,001.00 to $25,000.00 $32.50 for the first $2000.00 plus $6.00 for each additional $1000.00 or fraction thereof, to and including $25,000.00 $25,001.00 to $50,000.00 $170.50 for the first $25,000.00 plus $4.50 for each additional $1,000.00 or fraction thereof, to and including $50,000.00 $50,001.00 to $100,000.00 $283.00 for the first $50,000.00 plus $3.00 for each additional $1,000.00 or fraction thereof, to and including $100,000.00 $100,001.00 and up $433.00 for the first $100,000.00 plus $2.50 for each additional $1,000.00 or fraction thereof Plan Review Fee for Commercial and Residential: Plan Review Fee A plan review fee equal to 65% of the structural permit fee shall be due at application Additional Plan Review Fee $65.00 per hour Deferred Submittal Fee 65% of structural permit fee of deferred submittal valuation with a $50.00 minimum fee Miscellaneous Fees for Commercial: Commercial Fire Sprinkler/Fire Suppression/ Total value of work performed (structural permit Fire Alarm fee) Commercial Fire Sprinkler/Fire Suppression/ 65% of structural permit fee Fire Alarm Plan Review Note: See appendix for methodology for calculation of valuation for all permit fees utilizing valuation/ value of work miscellaneous fees and charges page 13 Section 3-Community Development Inspection Fees for Commercial and Residential: Inspections for which no building permit applies $65.00 per hour; (minimum 1 hour) per inspector Re-inspection Fee $50.00 Inspections outside normal business hours (minimum 1 hr) $130.00 per hour; per inspector Residential Plumbing Permit Fees New Residential: Cost Each 1 bathroom/kitchen (includes: first 100 feet of water/sewer lines; hose bibs; ice maker; under floor low-point drains; and rain-drain packages) $285.00 2 bathrooms/I kitchen $345.00 3 bathrooms/I kitchen $405.00 Each additional bathroom (over 3) $45.00 Each additional kitchen (over 1) $45.00 Remodel /Alterations: Remodel / Alterations (minimum fee) $40.00 Each fixture, appurtenance, and first 100 ft of piping $15.00 Miscellaneous Residential: Minimum Fee $40.00 Piping or private storm drainage systems exceeding the first 100 feet $22.00 Backflow Assembly $15.00 Residential Fire Sprinkler (include plan review): $2.44 x total square footage of structure = Sprinkler Valuation (use Building Permit Fees Valuation Table on page 13 for fee calculation) Manufactured Dwelling or Pre-Fab: Connections to building sewer and water supply $50.00 RV and Manufactured Dwelling Parks: Base fee (including the first 10 or fewer spaces) $150.00 Each additional 10 spaces $100.00 page 14 miscellaneous fees and charges Section 3-Community Development Commercial Plumbing Permit Fees Commercial, Industrial, and Dwellings other than one - or two-family: Minimum fee $40.00 Each fixture $15.00 Piping (based on number of feet) $0.75/ft Miscellaneous: Minimum fee $40.00 Specialty fixtures $15.00 _ Re-inspection (no. of hrs. x fee per hour) $65.00 Special requested inspections (no. of hrs x fee per hour) $65.00 Medical gas piping: Minimum fee $50.00 Valuation $500 to $2,000 $50.00 + $5 per $100 of valuation Valuation $2,001 to $25,000 $125.00 + $18 per $100 of valuation Valuation $25,001 to $50,000 $540.00+$14 per $100 of valuation Valuation $50,001 to $100,000 $890.00 + $9 per $100 of valuation Valuation greater than $100,000 $1,340.00 + $8 per $100 of valuation Residential Mechanical Permit Fees Mechanical Permit Minimum Fee: $50.00 Furnace/Burner including ducts & vents: Up to 100k BTU/hr. $12.00 Over 100k BTU/hr. $15.00 Heaters/StovesNents: Unit Heater $15.00 Wood/pellet/gas stove/flue $15.00 Repair/alter/add to heating appliance or refrigeration $12.00 unit or cooling system/absorption system Evaporated cooler $15.00 Vent fan with one ductlappliance vent $7.50 Hood with exhaust and duct $10.00 Floor furnace including vent $15.00 Gas Piping: One to four outlets $6.00 Additional outlets (each) $0.75 Air-handling Units, including Ducts: Up to 10,000 CFM $10.00 Over 10,000 CFM $15.00 miscellaneous fees and charges page 15 Section 3-Community Development Compressor/Absorption System/Heat Pump: Up to 3 hp/100K BTU $15.00 Up to 15 hp/500K BTU $25.00 Up to 30 hp/1,000 BTU $50.00 Up to 50 hp/1,750 BTU $60.00 Over 50 hp/1,750 BTU $75.00 Incinerator: Domestic incinerator $25.00 Commercial Mechanical Permit Fees Minimum Fee $50.00 Total valuation of mechanical system and installation costs 0.5% of valuation Miscellaneous Fees: Re-inspection $50.00 Specially requested inspection (per hour) $65.00 Regulated equipment (un-classed) $50.00 Electrical Permit Fees Residential per unit, service included: Cost Each 1,000 sq. ft. or less $106.00 Each additional 500 sq. ft. or portion thereof $19.00 Limited energy $25.00 Each manufactured home or modular dwelling service or feeder $50.00 Multi-family residential $45.00 Residential and Commercial-Services or Feeders: installation, alteration, relocation: 200 amps or less $63.00 201 to 400 amps $75.00 401 to 600 amps $125.00 601 to 1,000 amps $163.00 Over 1,000 amps or volts $375.00 Reconnect Only $50.00 Temporary Services or Feeders: 200 amps or less $50.00. 201 to 400 amps $69.00 401 to 600 $100.00 Over 600 amps or 1,000 volts, see services or feeders section above Branch Circuits: new, alteration, extension per panel: Branch circuits with purchase of a service or feeder , $3.00 Branch circuits without purchase of a service or feeder: First branch circuit $43.00 Each additional branch circuit $3.00 page 16 miscellaneous fees and charges Section 3-Community Development Miscellaneous Fees: service or feeder not included: Each pump or irrigation circle $50.00 Each sign or outline lighting $50.00 Signal circuit or a limited energy panel, alteration or extension $50.00 Specially requested inspection (per hour) $65.00 Each additional inspection over the allowable $50.00 Residential Restricted Energy Electrical Permit Fees Fee for all systems*: $25.00 Audio and stereo systems Burglar alarm system Doorbell Garage-door opener Heating, ventilation, & air-conditioning systems Landscape lighting & Sprinkler controls Landscape irrigation controls Outdoor landscape lighting Vacuum Systems Each additional inspection $25.00 *For new construction, this permit fee covers all systems, listed or can be sold separately. Renewable Energy Systems: 5 KVA or less $79.00 5.01 KVA to 15 KVA $94.00 15.01 KVA to 25 KVA $156.00 Wind generation systems in excess of 25 KVA: 25.01 KVA to 50 KVA $204.00 50.10 KVA to 100 KVA $469.00 For wind generations systems that exceed 100 KVA the permit fee shall be calculated in accordance with OAR 918-309-0040 Solar generation systems in excess of 25 KVA: $6.25/KVA The permit charge will not increase beyond the calculation for 100 KVA. Permits issued under this sub- section include three inspections. Additional inspections will be billed at an hourly rate. Building Permit Reinstatement Fee A building permit expires after a period of 180 days from the date of issue with no inspection activity. To reactivate an expired permit, a fee of $50.00 per construction discipline is required (Building, Plumb- ing, Mechanical, Electrical). I State of Oregon Surcharge - ORS 455.210141 State of Oregon permit surcharge is 12% of structural, plumbing, mechanical and electrical components of the overall building permit. miscellaneous fees and charges page 17 Section 3-Community Development Building Permit Refund Policy The City Ashland Community Development Department offers partial refunds for building permits that have been issued, have had no inspections performed and have not yet expired (six months from issue date). Refunds for permits that have expired are limited to any Systems Development Charges (SDC's) that were part of the permit fees. The following fees are not refundable, a Building Plan Check Fee • Fire Protection Review Fee • 50% of Community Development Fee (maximum equal to Building Plan Check Fee) • 50% of Engineering Development Fee (maximum equal to Building Plan Check Fee) The remainder of the permit fees are refundable. A $50 administrative fee will be subtracted from the eligible refund amount for costs associated with the refund process. Refund amounts can be placed on account for future use and no administrative fees are charged. How to request a refund Submit the following documents to the Community Development Department at 51 Winburn Way: • Approved set of plans (stamped) • Job Inspection card • Letter of refund request signed by applicant/owner with mailing address for refund check The refund will be processed within 30 days of the date of the request letter. page 18 miscellaneous fees and charges Section 4-Electric Electric Miscellaneous Fees and Charges Temporary Service Drop: Current Proposed Single Phase Underground temp 300 amps or less $241.00 $245.00 Single Phase Overhead temp 300 amps or less $288.00 $291.00 Three Phase Actual Cost Meter Charges: Meter Tests for accuracy: Once in twelve months No Charge Two or more times in twelve months $168.00 $172.00 Meter repairs/replacement (Damaged by Customer) Actual Cost Non Radio Frequency Meter Charges: Conversion from Radio Frequency (RF) to Non RF meter No Charge Monthly Fee to manually read Non RF meter No Charge Non Sufficient Funds Check Fee: $35.00 Reconnection Charge: Normal working hours $25.00 Other hours or Holidays $100.00 Service Calls: Once in twelve months No Charge Two or more times in twelve months $195.00 $199.00 Other hours or Holidays $290.00 $297.00 Service Connection for Applicant: Normal working hours $10.00 Other hours or Holidays $100.00 Scheduled work after hours: Actual Cost Unauthorized Connection: $215.00 miscellaneous fees and charges page 19 Section 4- Electric Line Extension Charges New Single-Family Residential Service: Current Proposed Overhead service in existing developed areas from distribution line to and including meter $541.00 $568.00 Overhead service upgrade or increased service for 300 amps or less $541.00 $568.00 Replacement of service from overhead to underground, 300 amps or less. Customer provides all trenching, conduit, backfilling and compaction as directed by the City. $1,136.00 $1,161.00 Underground residential service of 300 amps or less. Customer provides conduit, trenching, back fill, compaction as directed by the City. $684.00 $695.00 *Underground Distribution Installation Charges: Per Lot less house service and engineering fees. $1130.00 $1,158.00 *Subdivisions of 0 to 20 engineering fee per lot $163.00 $167.00 * Subdivisions of 21+ engineering fee per lot $247.00 $253.00 *Three Phase subdivision as required by city per lot $247.00 $253.00 Any overhead/underground service over 300 amps Actual Cost Commercial, Institutional and Industrial Service Actual Cost **Blower Door Leak Test (gas heat customers only) $75.00 **Duct Leak Test (gas heat customers only) $125.00 * Methodology: Current ENR Rate - Old ENR Rate/Old ENR Rate = % Rate of Adjustment (9515.86-9289.65)/9289.65 = 2.44% Source: Engineering News Record Construction Cost Index (ENR) **Electric heat customers = no fee miscellaneous fees and charges page 20 Section 5-Fire Fire Miscellaneous Fees and Charges Copy Fees: Black and White Copy Letter/Legal Single Sided $ .20 each Black and White Copies Letter/Legal Double Sided $ .40 each Black and White Copies Tabloid Single Sided $ .40 each Black and White Copies Tabloid Double-Sided $ .80 each Color Copy Letter/Legal Single Sided $ 1.50 each Color Copy Tabloid $ 3.00 each Report Fees: Non patient Pre-hospital Care Reports $12.00 for 10 pages or less $15.00 over 10 pages Fire Incident Reports $12.00 for 10 pages or less $15.00 over 10 pages Photographs $12.00 per case request CD/DVD $19.00 per case request Mailing Cost Actual Cost Research Fee: Refer to Section 12 on page 37 Fire Fees: Cost Recovery Equipment *Per Current Oregon State Fire Marshal Standardized Cost Schedule Personnel *$50.00 per person per hour - 2 Hour minimum per person Hazardous Materials Cleanup Actual Cost Emergency Medical Services: FireMed Annual Household Fee-Annual Renewal $55.00 per year FireMed Plus Annual Household Fee-Annual Renewal $95.00 per year Emergency Medical Service Fee -Aid Call $302.40 per patient Ambulance Base Rate (per current rate schedule) $1,029.54 per patient (current rate) Ambulance Mileage Rate (per,current rate schedule) $14.00 per mile (current rate) Ambulance Base rate for sit-up patients $514.77 per patient Ambulance Waiting Time $25.00 per 1/2 hour Ambulance Stand By (2 hour minimum) $100.00 per hour On scene Coordinator $50.00 per hour Extra attendant $45.00 each Ambulance Service Area 1112013 rate schedule Base rates hill be adjusted each calendar year by the most current rate schedule posted by the Center for A4edicare/ Medicaid Services (CAPS) that sets the "Ambulance Inflation Factor" . Other rates and mileage charges hill be updated as approved by the County Commissioners. miscellaneous fees and charges page 21 Section 5-Fire Fire and Life Safety: Plan Checks: Any Building Permit - 24% of the Building Division Structural Permit Fee and Plan Check Fee New Subdivision or Land Partition - 24% of the Engineering Subdivision Plat Check Fee Other: Fire Hydrant Flow Tests required for new installations will be assessed at $100 per flow test. Any review required by the Oregon Fire Code, and which does not involve a building permit, will be charged at the rate of $50.00 per hour. A minimum charge of $25.00 will be assessed to these reviews. When the Building Division assesses additional fees for plan reviews and/or field inspections, any fire department staff time associated with that activity will be included in their fees at their specified rate. First Aid/CPR Classes: Current Proposed Basic Life Support (BLS) for Healthcare Providers CPR Class $55.00/person Heart Saver CPR & First Aid Class $55.00/person Heart Saver CPR Class $35.00/person Family and Friends CPR Class $5.00/person Inspection Fees: Initial Inspection (Re-inspection Included) Occupancy Type "B" 0-1,000 sf. $33.00 $34.00 1,001-3000 sf. $50.00 $51.00 Occupancy Type "A, E, F, H, I, M, S" 0-3,000 sf. + B 1,001-3,000 $50.00 $51.00 Occupancy Type "A,B, E, F, H, 1, M, S" 3,001-10,000 sf. $99.00 $100.00 10,001-20,000 sf. $148.00 $150.00 Over 20,000sf. $197.00 $200.00 Occupancy Type "R, SR" 3 to 10 Units $50.00 $51.00 11 to 40 Units $99.00 $100.00 41 to 70 Units $148.00 $150.00 Over 70 Units $197.00 $200.00 Non-Compliance after 2nd Inspection Inspection Fee + $52.00 $53.00 Non-Compliance after 3rd Inspection Inspection Fee + $103.00 $105.00 Non-Compliance after 4d' Inspection / Subsequent Inspections inspection Fee + $154.00 $156.00 Weed Abatement: Staff time Refer to Section 12 on page 37 Mailing Cost Actual Cost Weed Abatement by Contractor Actual Cost page 22 miscellaneous fees and charges Section 6-Information Technology Information Technology Miscellaneous Fees and Charges* Installation Fees: Current Proposed Basic installation-Pre-wired CATV outlets only $ 20.00 (Additional charges for parts and supplies apply) Wi Max standard installation $200.00 Add Trap ("filter") $10.00 New customer cable modem activation $10.00 Cable Modem $50.00 Refurbished 90 -day replacement warranty Additional materials $10.00 Over-and-beyond regular installation including multi outlets, outlet plates, additional wiring, replacement of customer damaged outlets. Disconnect Fees: Disconnect $50.00 Remove Trap ("Filter") $10.00 Truck Roll: $20.00 $35.00 Field Technician Hourly Rate: Non-standard work such as advancing troubleshooting, $40.00 $55.00 non-standard outlets, fishing wire inside walls, etc. Consulting and Technical Support Hourly Rate: For support issues not related to AFN infrastructure, performance, $70.00. $85.00 and reliability. Minimum charge on hour. Non-City Employee Staff Screening: Charge for each vendor employee submitted for authorization to Access AFN and City Service Center facilities. $150.00 Fiber Service Installation: Minimum one-time fee for overhead served connections. $1,500.00 Individual Mandatory two-year agreement. Business Case Requests for underground served installations and/or for services beyond (IBC) & 1000' feet of existing overhead AFN fiber network will be charged by quote. quote Transit Fees: Transit @ 100 Mbps $300.00/month IBC & quote Transit @ 1000 Mbps $400.00/month IBC & quote miscellaneous fees and charges page 23 Section 6-Information Technology Current Proposed Static IP Address: $5.00/mo each Maximum of 5 static IP addresses* • Minimum level of service for static IP and QoS is "CHOICE" or higher service tier. QoS ("Quality of Service") Fee: $3.50/mo Change in VOIP (phone) enhancement available with AFN wording Choice or higher service level through AFN certified Modems. Business Augmented Upload Package (additional 5 Mbps): $15.00/mo Available exclusively on AFN Direct with the following requirements: • Current City of Ashland Business License • Business Augmented Upload Package available only with: • Small Office/Home Office (SOHO) • Small Business *Additional fee added to base AFN Direct retail rates on specific packages. Maximum SOHO upload speed with augmented upload service at up to 9 Mbps Small Office/Home Office Business Augmented Upload Package @$80/month Maximum Small Business upload speed with augmented upload service at up to 10 Mbps Small Business Augmented Upload Package @ $100.00/month - Non-return of customer premise equipment (CPE) devices: $300.00 CPE's must be returned on disconnect date of AFN Anywhere and/or AFNMax services. Cable TV (CATV) Seasonal Reconnects & Disconnects: $10.00/visit Non-pay disconnects & reconnects Service change Install HBO filter CAN House Amp Fee: $35.00/each Utility Billing Lobby Signage Fee: $100.00/mo. Cable Modem Rental $5.00/mo. Non Return of Rented Modem at Closing of Account $50.00each Cable Modem Purchase $50.00leach * Resolution 2010-28 (Section 2, page 38) grants Information Technology management ability to set promotional rates. page 24 miscellaneous fees and charges Section 7-Municipal Court Municipal Count. Miscellaneous Fees and Charges Court Administration Fees: Crime Violation Appeal Transcript Fee $35.00 $10.00 City Attorney Deferred Sentence/Diversion $60.00 $40.00 Civil Compromise Costs $75.00 N/A Compliance Inspection Fee N/A $25.00 Court Appointed Counsel Fees and Charges Billed ranging from $250-$600 Default Judgement N/A $15.00 Discovery Fees Imposed in Accordance with Miscellaneous Fee & Police Department Resolutions See Police and City Recorder Fees Diversion by Municipal Court: Classes I-IV, A-D Unclassified and Specific Fine Violations N/A Presumptive Fine Extend/Amend City Attorney Deferred Sentence/Diversion $45.00 $45.00 Failure to Appear for Bench Trial/Show Cause hearing $90.00 $70.00 Failure to Appear for Jury Trial $150.00 N/A Forfeiture of Security $25.00 $25.00 Mediation of Violation (Municipal Court Mediation) N/A $65.00 Non Sufficient Funds Check $25.00 $25.00 Court Costs $35.00 $45.00 Expunction $240.00 $240.00 Show Cause Admission of Allegation $25.00 $10.00 Bench Probation Fee $100.00 N/A Bank Costs Warrant $25.00 10% at monthly Witholding on County Assesment distribution Other Domestic Partnership Registration $25.00 All other Fees and charges inconsistent with the fees and charges set forth herein are repealed. Nothing in this Resolution is intended to detract from the inherent power of the Court pursuant to general law to impose fees and charges established in state law or City ordinance in addition to the fees and charges specified herien. master miscellaneous fees and charges page 25 Section 8-Police Police Miscellaneous Fees and Charges Police Reports: $12.00 for reports 10 pages or less $15.00 for reports over 10 pages Research Fee: Refer to Section 12 on page 37 Visa Letters: $19.00 Fingerprints Cards: $20.00 first card $10.00 each additional card Photographs (CD): $19.00 Audio Tapes/ ICOP Videos: $19.00 Non Sufficient Funds Check Fee: $35.00 Impound/Tow Fee: $105.00 Cash only Taxi Operator License: $20.00 renewal $42.00 new Bicycle License: .00 repealed via resolution 2012-21 page 26 miscellaneous fees and charges Section 9-Public Works Public Works Miscellaneous Fees and Charges Coat/ Fees: Black and White Copies Letter/Legal Single-Sided $0.20 each Black and White Copies Letter/Legal Double-Sided $0.40 each Black and White Copies Tabloid Single-Sided $0.40 each Black and White Copies Tabloid Double-Sided $0.80 each Color Copies Letter/Legal Single-Sided $1.50 each Color Copies Tabloid Single-Sided $3.00 each Existing maps printed in color on HP1055CM plotter (241b bond Paper) Arch C 18 x 24 3.00 sq. ft. $18.00 Arch D 24 x 36 6.00 sq. ft. $36.00 Arch E 36 x 48 12.00 sq. ft, $72.00 Existing maps or copies of existing maps copied in B&W on Xerox 3030 large format copier (201b bond paper) Arch C 18 x 24 $8.00 Arch D 24 x 36 $12.00 Arch E 36 x 48 $16.00 Note: Maps printed on materials other than the specified bond are double the standard print fee Plat & Plan Checks: Current Proposed Subdivision Plats $720.00 plus $730.00 plus $108.00 per lot $110.00 per lot Condominium Plats $720.00 plus $730.00 plus $108.00 per lot $110.00 per lot Partition Plats (does not include 24% Fire Department Review Fee) $385.00 $391.00 Subdivision Improvement Plat Check 5% Engineer Fee (5% of the public improvement cost) Engineering Development Fee (this fee is charged concurrently with Building Permit Fees at the time of building permit applications. Applies To all new residential dwelling units and commercial 0.75% of valuation Developments. Remodels, additions and accessory Buildings are not assessed this fee.) miscellaneous fees and charges page 27 Section 9-Public Works Public Works/Engineering Inspections. Permits, etc: Current Proposed Subdivision Construction Inspection/ 5% Engineer Fee(5% of Public Works Improvement Inspection the public improvement cost) Street or Alley Excavation Permit $194.00 + per ft. cost $197.00 + per based on pavement age ft. cost based on pavement age Encroachment Permit $194.00 $197.00 Miscellaneous Construction Permit $63.00 $64.00 (Construction of curb, sidewalk, driveway Apron, etc.) Dust Suppression Permit $63.00 $64.00 Driveway Painting Permit $15.00 $16.00 (includes a can of paint) Right-of Way Closure-Street $194.00 $197.00 Right-of Way Closure-Sidewalk(>72 hrs) $63.00 $64.00 Right-of Way Closure-Sidewalk(<72 hrs) $15.00. $16.00 Right-of Way Closure-Parking Space(>72 hrs) $63.00 $64.00 Right-of Way Closure-Parking Space(<72 hrs) $15.00 $16.00 Block Party $15.00 $16.00 Sidewalk Dining-Annual Renewal $4.00/sq. ft. (minimum 50 sq. ft) Functional Item-Annual Renewal $63.00 $64.00 Special Event Permits (per Resolution 2012-08): Base Special Event Permit Fee (plus applicable fees $130.00 below) Events that require city staff overtime 60% of city staff O/f Rush Fee (less than 90 days advance notice) $250.00 page 28 miscellaneous fees and charges Section 9-Public Works Public Works/Engineering Inspections, Permits, etc. (cont) Current Proposed Loaned Functional Item, Pennant Application Fee $131.00 $133.00 Publication Box Per Publication-Annual Renewal $27.00 $27.00 Special vehicle Permit-Initial Fee $268.00 $272.00 Special vehicle Permit-Annual Renewal $107.00 $109.00 Penalty for No Permit 150% of permit cost Street or Alley Vacation $649.00 $659.00 GIS Data & Mapping Services: GIS Hourly Rate $80.00 Information on Disk $40.00/utility per Quarter section Planning Pre-Application Maps $22.00 Plotting Fee $6.00/square foot New Address Assignment $37.00/address # Street Name Approval Fee $104.00/street $105.00 miscellaneous fees and charges page 29 Section 9-Public Works Current Proposed Sanitary Sewer Connection Fees: Sanitary sewer mainline video inspection $311.00 minimum $317.00 (cost based on time and materials) Water Connection Fees: 3/4 inch service connection from main line including meter $1,717.00 If owner/builder/contractor provides trench and backfill $397.00 1 inch service connection from main line Including meter $1,964.00 If owner/builder/contractor provides trench and backfill $535.00 1 1/2 inch service connection from main line including meter $2,700.00 If owner/builder/contractor provides trench and backfill $1,131.00 2 inch service connection from main line including meter $2,954.00 If owner/builder/contractor provides trench and backfill $1,475.00 3 inch service connection from main line including meter Actual Cost "The line items above will be replaced with the following: The installation of all new water services and large taps regardless of size will be charged on a time and materials basis. First Utility Locate at an address No Charge Additional Locates at same address $68.00 $69.00 Water meter re-read Once in 12 months No Charge Each additional re-read in 12 months $30.00 $31.00 Water Meter Field Test $48.00 $49.00 Water Meter Bench Test 3/4" or I" Water Meter $105.00 $107.00 1 1/2" or 2" Water Meter $197.00 $201.00 Larger Meters Actual Cost page 30 miscellaneous fees and charges Section 9-Public Works Current Proposed Water Connection Fees Continued Water pressure check once in 12 month No Charge Each additional pressure check in 12 months $38.00 $39.00 Water Chlorination Test -Subdivision retest upon failure (cost based on time and materials) $624.00 $636.00 Water Pressure Test -Subdivision retest up failure (cost based on time and materials) $374.00 $381.00 Water Main Line Tap -up to 6 inch waterline (cost based on time and materials) - $1,862.00/tap (replaced With verbiage Water Main Line Tap -above 6 inch waterline $2,486.00 min + on previous (cost based on time and materials) actual cost/tap page) Cemetery Fees: Sales of grave spaces or burial plots: (fees split, 40% to the cemetery fund & 60% to the cemetery trust fund) Grave Space -Lawn and Monument Sections $499.00 $506.00 Grave Space -Baby Land $158.00 $160.00 Grave Space -Niches (bronze) $422.00 $428.00 Grave Space -Urn garden $158.00 $160.00 Grave space -Crypt $1,055.00 $1,071.00 Sales of liners and markers: (fees split, 40% to the cemetery fund & 60% to the cemetery trust fund) Concrete cemetery box, including setting $422.00 $428.00 Concrete liners Cost plus 10% Final inscriptions $125.00 min charge Grave markers Wholesale cost X 2.5 not to exceed $700.00 Grave marker setting, concrete base $158.00 $160.00 Monticello burial vault (sealed concrete) $1,161.00 $1,178.00 miscellaneous fees and charges page 31 Section 9-Public Works Current Proposed Sexton Fees: Opening and closing graves, ground $422.00 $428.00 Opening and closing graves, double-deep $474.00 $481.00 Opening and closing graves, infant $158.00 $160.00 Opening and closing crypts $422.00 .$428.00 Opening closed crypts $422.00 $428.00 Opening and closing niches $106.00 $108.00 Inter cremainsin grave spaces $158.00 $160.00 Scattering of cremains $106.00 $108.00 Disinterment $1,050.00/in advance $1,050.00/in advance Saturday, Sunday or Holiday burial $422.00 $428.00 Miscellaneous Fees: Grave Setup Rental $105.00/occurrence $106.00/occurrence Tent Rental $52.00/day $53.00/day Perpetual care lots, sold before 1927 $106.00 $108.00 Vases: Galvanized $42.00 $43.00 *cemetery fees will be subject to a 1.5% finance charge per month if not paid within 60 days of use. All above services will be sold pre-need in installments, interest free, with a minimum payment of one-twelfth of the total sale. 2013 CPI and ENR Calculations: Methodology: Current CPI Rate - Old CPI Rate/Old CPI Rate = % Rate of Adjustment (232.773-229.292)/229.292= 1.5% Methodology: Current ENR Rate - Old ENR Rate/Old ENR Rate = % Rate of Adjustment (9455.98-9267.57)/9267.57= 2.0% CPI used for: ENR used for: Plat & Plan Checks Sanitary Sewer Connection Fees Public Works/engineering Inspections, Permits, etc. Water Connection Fees GIS Data & Mapping Services Cemetery Fees' page 32 miscellaneous fees and charges Section 10 - Parks and Recreation AvHLAMIE) PARKS 8c RECREATION[ Section 10 Parks and Recreation Miscellaneous Fees and Charges miscellaneous fees and charges page 33 Section 10-Parks and Recreation Parks Miscellaneous Fees and Charges Wedding Packages: Current Proposed Lithia Park Sites $800.00/8 hrs. $400.00/4 hrs. Community Center $1,150.00 park site included Pioneer Hall $1,150.00 park site included Group Picnic Rentals: Cotton Memorial Area $75.00/4 hrs. Madrone Area $60.00/4 hrs. Top Southern Lawn $55.00/4 hrs. Hillside Picnic Area $55.00/4 hrs. Sycamore Grove $75.00/4 hrs. Brinkworth Area $60.00/4 hrs. Root Memorial Area $60.00/4 hrs. Lawn below Upper Duck Pond $60.00/4 hrs. Butler Bandshell $220.00/8 hrs. Deposits: Picnic Areas $75.00 Lithia Park Weddings $75.00 Butler Bandshell $190.00 Buildings Security $300.00 for events (refundable) $150.00 for meetings (refundable) Special Event Fees: Street Closure Fee $75.00 Park Booth fee $25.00/per booth (max. 10) Alcohol Fee: $150.00 (non-refundable) General Building Reservations: • The Grove Full Facility $41.50/hr. on weekdays $50.00/hr. on weekends The Grove Otte/Petterson $22.50/hr. on weekdays $25.00/hr. on weekends Hunter Park Senior Center $19.50/hr. on weekdays $21.00/hr $31.50/hr. on weekends $33.00/hr Long Term User Fee $15.00/hr. (at least 6 days/yr) $18.00/hr Oak Knoll Golf Course $19.50/hr. on weekdays $21.001hr $31.50/hr. on weekends $33.00/hr Pioneer HallICommunity Center $19.50/hr. on weekdays $21.00/hr $31.50/hr. on weekends $33.00/hr Miscellaneous Equipment Fee $100.00 Field Usage: Tournaments $36.50/day each team Ball field Lights $28.00/hour $31.00/hr page 34 miscellaneous fees and charges Section 10-Parks and Recreation Current Proposed Calle Seating: Artisans $4.00/sq.foot $5.00/sq.foot Restaurant Seating $4.00/sq.foot $6.00/sq.foot Daniel Meyer Pool: Admission $2.00 Lap Swim $2.50 Water Aerobics $3.25 Swim Lessons $45/$24/$50 (age of child/length of lesson) Private Lessons $18.00 Open Swim punch card $30.00 Lap Swim punch card $40.00 Water Aerobics punch card $55.00 Season Pass $140.00 Youth Recreation Programs: 60/40 split with instructor and Parks Department Adult Recreation Programs: 60/40 split with instructor and Parks Department Ashland Rotary Centennial Ice Rink: Youth Admission $3.50 Adult Admission $4.00 Skate Rental $2.50 Hockey Admission $5.50 Group Rental $5.00 Oak Knoll Golf Course Annual Passes: Annual Pass-Single $1,100.00 Annual Pass-Family $1,540.00 Daily Adult Fees (ages 18 to 54) 9 Holes: November-February $11.00 $14.00 March-October $16.00 18 Holes: November-February $15.00 $20.00 March-October $24.00 Daily Coupon Rate $10.00 miscellaneous fees and charges page 35 Section 10-Parks and Recreation Daily Senior Fees (apes 55 & up) Current Proposed Monday-Friday Only 9 Holes: November-February $11.00 $12.00 March-October $14.00 18 Holes: November-February $14.00 .$18.00 March-October $22.00 Daily Junior Fees (apes 8 to 17) 9 Holes: Year-Round $5.00 18 Holes: Year-Round $10.00 Driving Range One token (35) balls $3.00 Cart Fees (per person) 9 Holes: Year Round $8.00 $10.00 Year Round Senior rate $6.00 $8.00 18 Holes: Year Round $11.00 $13.00 Community Garden Fees: 10x10 $30.00-$35 $29.00-$34.50 depending on location 1Ox20 $42.00-$47 $49.00-$57.50 depending on location 20x20 $65.00 $75.00-$86.50 depending on location 4x12 $25.00 $29.00 Refundable Deposit $20.00 Nature Center School Programs: $200.00/Class Nature Center Community Programs: 70/30 split with instructor and Parks Department Oak Knoll Golf Course Wedding Fees: November-February $1,500.00 - full day November-February $800.00 - half day March-October $750.00 - full day March-October $400.00 - half day Maps: City of Ashland Map $3.00 (or 2 maps for $5.00) Watershed Map $3.00 (or 2 maps for $5.00) page 36 miscellaneous fees and charges Section 11=Rates and Charges Set by Separate Resolutions Rates and Charges Set by Separate Resolutions Listed Below* l System Development Charges (SDCs) Parks and Recreation SDCs -Resolution 2000-29 Transportation SDCs -Resolution 1999-42 Sewer SDCs -Resolution 2006-27 Storm SDCs -Resolution 2002-15 Water SDCs -Resolution 2006-27 Utility Rates and Fees AFN Utility Fees -Resolution 2010-28 Electric Rates - Resolution 2012-34 Sewer Rates -Resolution 2013-12 Storm Drain Fees -Resolution 2013-13 Transportation Fees -Resolution 2013-14 Water Rates -Resolution 2013-11 SECTION 12 - Research Fee A. The City shall charge a research fee based on the hourly wage of the staff person doing the re search, and the fee shall be billed in fifteen minute increments. The hourly wage used to calcu- late the research fee shall not include the cost of benefits. The City will establish a fee in its an- nual fee resolution that is reasonably calculated to reimburse the City for the actual cost of mak- ing public records available, including locating the requested records, reviewing the records to delete exempt material, supervising a person's inspection of original documents to protect the integrity of the records, summarizing, compiling, or tailoring a record, either in organization of media, to meet the person's request. The City may charge for search time even if it fails to locate any records responsive to the requester even if the records located are subsequently determined to be exempt from disclosure. Copies of documents provided by a routine file search of 15-30 minutes or less will be charged at a copy rate established in the annual fee resolution. B. The City may include a fee established to reimburse for the costs of time spent by the city attorney in reviewing the public records, redacting materials from the public records into exempt and nonexempt records. The City fee may also include the cost of time spent by an attorney for the City in determining the application of the provisions of ORS 192.505. . C. The City may not establish a fee greater than $25 unless the requester is provided with written notification of the estimated amount of the fee and the requestor confirms in writing that he/she wants the City to proceed with making the records available. D. Prepayment shall be required if the amount of the request is greater than $25: If the actual charges are less than the prepayment, and overpayment shall be refunded. *A11 of the above resolutions can be found in full ted on the City of Ashland's Website: http://ashland or. us miscellaneous fees and charges page 37 Section 93 - Building Valuation Data Community Development Department -Building Safety Division Methodology for calculation of permit valuation ¢c INTERNATIONAL NOW 11 1 Building. Valuation Data- February 2013 The Intonational Code Carrel is pleased to pmvida be does not lake Into account any regional cost differences: As b0.owieg Budding Valuation Data (BUD) br Its mambas. Tha such, the use of Regional Cost Wooten; is subject to tie 13VO will be updated al sbramrdh itervah, vkh the and authority hiving jurisdiction. update in August 2013 ICC strongly recommends that all Ferrol Fee Idnd0p0a jur'sdicUms and other interested ponies actively evaluate Ord - assess the impact of this 13VD lable before ufli mg it in Urea Determine be Pemd Fee Multiplier. arronl code entarrxsnontretatal ativi6os. 1. Based on historical records, d°ternrne the bid annual The BW table pwides the.'avaage construction costs pa construction value which has coaerod within the square Foot, which can be used in ddemireng permit fees for jurisdiction brim poslyear. a jmrisrSr3m. Permit he schedules are addressed in section ire the Paconbge d be hhdl3ng 1092 of the 2772 International Budding code (6C) whereas Z Daem Section 1093 'addresses bedding permit valuations. The depaNrent budget expected to be provided by builcing pert fees can be established by using the 13VD table and a permit revenue. Permit Fee Multiplier, which is based on the total c rtstrclo n 8mg. Capt. eatgm (X) value w8hiafhe ja'cdieion for thepast year. The Square Fool Paint Fee MuGpl'a Construction Cost table pm wrts factom that refled relative TotalAnaal Camtnxron Velue value of one'comliudkn, dassdkaionbaaiparcy group to Example another s'o' fiat rcom expensive construction is assessed greater pawl foes than loss expensive construclah. The building department operates on a $300,000 budget and d expects to cover 75 peroant of that from budding peen fees. ICC has developed this data to aid jurisdictions in determining The total =met crostruclbn value wfidn ccarmd within the pamdl fees It is important ,to note that white this BVD table jurisdiction in the previousyear is $30,000,000. does deleradha an estimated value of. a biting (e..; Gross Area x..Squiro Foot 00nitnLian Cott this data,is ordy Fend Fee art 5300.ooox75% bdecded to assist jurisdictions in deterrrinarcj their permit fees. ` =0.0075 .530.000.000 TICS data toile is not 'antahdetl to be used as an esinre5rg guide because the data only reflects average costs and is not Ferrol Fee representative of speaTic construction. The pemdtfee is ddarnined musing the budding grossoma, ft This degree d predston is sufficient for the intended purpose, square Foot Consiructon Cost and the Pomd Fee Multiplier. which is to help establish permit fees so as to fend code Peron Fee= Gross Area x Square Foot ronmnroon Cost compliance activities- This BVO table provides Jurisdictions xPerna Fee RAW" with a simplified way to datartdne the astimaled vale d a budding that does not rely on fie permit applicant m ddemine Example the oat of constmcim. Th ombm, its bldd'srg process for a Type of Construction: 1113. particular job and other associated tadOM do not affect the Area; 161 dory =8.000 sq. ft- value dl it building far delemdrimg the por it fee. Whether a 2rd story = 8,000 sq. IL speaTc, pmjtct is bed eta cost above or below, the computed Heighht 2 stories value of constructor does nit affect the permit fee because Permit Fee Mclipiar=0.0075 the cost d related cods enforcement activities is not directly U.- a Group: B affecledbythe bid process ardfesulls 1. Gross ama: BuilAigl/alration Business = 2 slaiss x 8.000 sq a = 16.000 sq. FL The 66owng buddng valuation data represents average 2 Square Foot Construction Cost valuations for most buildings: In mnjmc icn wdh ®C Section WIIB= $155.73fsct fl 109.3, this data is 6111emd as an ail for the budding official to determine it the pared valuation is underestimated. Again I 3 PemtFee: shored be rbtal Ihal:' when using this data, these am Business = 16,000 sq. ft x $1517Ysq. 11 x OD075 518,888 = 'average costs based an typical conslrirdion methods for each occupancy group Ord type of cotsbudbrt The average costs include foundation wady, ctrrxLrel and mnsfruchred building cornponents. electric, plumbing. road anical and Interior finish material. The data is a national average erd page38 miscellaneous fees and charge Section 13 - Building Valuation Data lnpodant Points • For proposes of establishing the Pert Fee AUftiplier, the • The 13VD is not handed b apply to aReralons or repairs esftalod total annual construction value for a given tune to existing bUldngs. Because the scope of alterations or period (1 year) is the sum of each branding s value (Gross repairs loan existing building varies so greatly, tie Square Area x square Foot Consinicfion Cost) for that tine period Foot Construction Costs table roes not rated aco6ale (eg., t ymr). values for that purpose- However, the Sgmm Foot Constructon Costs table can be tsed to dataimute he ' The Square Foot Construction Cost does not inchde the cost of an addton that is basically a standalone bu]dtg price of the Land on wddcth the txr9dbng is hull. The Sclwra wfich happens to be attached to an existing building. In Foot Construction Cost lakes irdo account everytting from tie case of such additions, the Orly aterations to the bundalion work to the roof sinrctrra and coverings but existing building would Involve tie attachnerd of tie does not irkiude the price of Lho land. 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NP.•nU W pasN~d I~ miscellaneous fees and charges page 39 Miscellaneous Fees and Charges rim page 40 miscellaneous fees 8 charges CITY OF ASHLAND Memo DATE: May 28, 2013 TO: Lee Tuneberg, Director of Administrative Services FROM: Bill Molnar, Director of Community Development RE: 2013 Miscellaneous Fees and Charges Update The Community Development Department is requesting the following updates to the Miscellaneous Fees and Charges document: 1) Update the Planning/Community Development Miscellaneous Fees and Charges in accordance with the March 2013 CPI. 2) Add a Building Permit Reinstatement Fee. A building permil expires after a period of 180 days from the date of issuance if there is no inspection activity. To reactivate an expired permit, a fee of $50.00 per construction discipline is proposed (Building, Plumbing, Mechanical and Electrical). 3) Add a Building Permit Refund Policy. The Miscellaneous Fees and Charges Update includes a Building Permit Refund Policy. The Community Development Department will offer partial refunds for building permits that have been issued, but inspections have not been performed and the permit has not yet expired (six months from issue date). Refunds for permits that have expired are limited to any Systems Development Charges (SDC s) that were part of the permit fees. COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305 51 Wnbum Way Paz: 541488-6006 Ashland, Oregon 97520 TTY: 800-7352900 www.ashland.or.us CITY OF ASHLAND Memo DATE: May 16, 2013 TO: Lee Tuneberg, Administrative Services Director FROM: Warren DiNapoli, Electric Distribution Systems Manager RE: 2013 Miscellaneous Fees and Charges Attached are the Electric Department's proposed miscellaneous fees and charges for 2013. General cost increases are the main drivers for the fee increases. The remaining fees on the table were increased using the May 2013 Engineering News Record Construction Cost Index (ENR) of 9515.86 in relation to the previous ENR of 9289.65. Also included in the packet for your review are the itemized costs for each of the fees. The detail consists of material, vehicle and labor as estimated for each line item. All fees have been rounded to the nearest dollar. If you have any questions or need additional details, please let me know. Electric Department Tel: 541-552-9307 90 N. Mountain Ave. Fax: 541-552-2436 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us CITY OF Memo ASHLAND DATE: May 22, 2013 TO: Tami Demille-Campos FROM: Margueritte Hickman, Division Chief/ Fire Marshal RE: Inspection Fee Increase Please adjust the fire inspection fees in accordance with the CPI of 1.5% effective July 1, 2013. ,1..1 10,001- i -4 Occupancy /01,000) 1J0013,000 0'3,000,,001-10,000 20,000 >20,000 B 1 134:00' ' „ $51.00_ w a $100.00 $150.00 $200.00 A, E, F, H, I, M, S ---Z$51.00 $10.00 $150.00 $200.00 Number of Units 310 11.40 41-* ,.>*1 R, SR I:H I $51:00 $100.00 $150:00 $200.00; Reinspection Fees 3rd $53~ 0 i l 4th $105.00- 5th or greater $156 00~ 4 T 02'1 ` ASHLAND FIRE & RESCUE 455 Siskiyou Boulevard Ashland. OR 97520 /r (541) 482-2770 • Fax (541) 488-5318 TTY: 800-735-2900 PROVED ON lRCVq Do R CITY OF ASHLAND Memo DATE: May 17, 2013 TO: Lee Tuneberg, Administrative Services Director FROM: Michael Ainsworth, Telecommunications Manager RE: 2013 Miscellaneous Fees and Charges Attached are the Telecommunications Department's proposed miscellaneous fees and charges for 2013. Fiber rates (p 22) need to be deleted from the schedule and will be quoted in response to individual business case and (IBC) and specified in Master Service Agreements. Truck rolls fees (p 22) are being trued up in response to competitive market to better recover a larger portion of the actual cost (personnel, equipment, and vehicle expenses). Consulting and Technical Support Hourly Rate (p 22) will be brought up to industry standard of $85/hour. Attached spreadsheet lists proposed changes to Telecommunications' miscellaneous charges. All fees have been rounded to the nearest dollar. If you have any questions or need additional details, please let me know. Electric Department Tel: 541-552-9307 90 N. Mountain Ave. Fax: 541-552-2436 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.orus Memo CITY OF ASHLAND Date: 5/29/2013 From: Betsy Harshman To: Lee Tuneberg Re: Miscellaneous Fees and Charges Please make the following adjustments in the FY 2013/2014 Miscellaneous Fees and Charges Document. As shown on page 29 in the current book under water connection fees, delete all connection fees from'/4-inch to 3-inch and replace with: The installation of all new services and large taps regardless of size will be charged on a time and materials basis. Public Works is recommending that the billing process for water distribution related user fees (service line connections and main line taps) be based on time and materials in the future. The rational for this recommendation is that each project is so unique (length and depth ofa service line, type of surface repair (asphalt, concrete or gravel), size and location of meter, depth of water tap, etc.) that fixed base fees rarely cover the actual cost of the project. The newly proposed methodology of charging actual costs based on time and materials will ensure the costs for project that directly benefit the customer, and not the entire system, are adequately reimbursed. In addition, the remaining fees are being adjusted per the March 2013 CPI and ENR. Engineering Tel: 5411488-5347 20 E. Main Street Fax: 541448 Ashland, Oregon 97520 TTY: 800/7355--290 2900 w .ashland.or.us ASHLAND PARKS AND RECREATION COMMISSION 340 SO. PIONEER STREET ASHLAND, OREGON 97520 COMMISSIONERS: Don Robertson Mike Gardner _ Director Rick Landt Jim Lewis TEL (541) 488-5390 Stelani Seflinger FAX: (5411488-5314 Vanston Shaw G f MEMORANDUM TO Lee Tuneberg, Finance Director FROM Rachel Dials, Recreation Superintendent DATE 5-15-13 SUBJECT Fees and Charges-Ashland Parks and Recreation In 2006 the commission set a goal of reviewing, fees and charges for the Ashland Parks and Recreation Department each year in November. The annual review includes fees and charges associated with the Calle Guanajuato, North Mountain Park Nature Center, Ashland Senior Center, adult and youth recreation programs, indoor and outdoor reserved facilities, the Oak Knoll Golf Course, the Daniel Meyer Pool, and the Ashland Rotary Centennial Ice Rink. The following fee adjustments were approved by the Parks and Recreation Commission on January 28, 2013. The new fees will be implemented beginning July 1, 2013. Those approved fees are: Ballfield Lights Current Fee: $28.00 per hour Fee as of July 1, 2013: $31.00 Fee as of July J, 2014: $34.00 Rationale for increase: recovering 84% of costs. Indoor Facility Rentals-Community Center, Pioneer Hall, Hunter Park Senior Center Current Fees: $15, $19.50 & $31.50 per hour Fee as of July 1, 2013: $18, $21 & $33 per hour. \ Rationale for increase: Recovering only 51 % of costs. Home of Famous Lithia Park ASHLAND PARKS AND RECREATION COMMISSION 340 SO. PIONEER STREET ASHLAND, OREGON 97520 COMMISSIONERS: Don Robertson Mike Gardiner _ Director Rick Landt TEL: (541) 488-5340 Jim Lewis Stefan Seffinger i FAX: (541( 488-5314 Vaneton Shaw Calle Guanajuato Current fee for Artisans: $4.00 per square foot New Fee for 2013 Season: $5.00 per square foot Rationale for increase: Recovering 99% of costs. With the Calle Resurfacing project on the horizon for Fall 2014 and the demand for leasing space on the Calle, the decision was made to increase the fee. Community Gardens: Ashland Creek Park, Garden Way Park, Clay Street Park & Scenic Park $25 plots: increased to $29.00 $30 plots: increased to $34.50 $42 plots: increased to $49.00 $50 plots: increased to $57.50 $65 plots: increased to $75.00 $75.00 plots: increased to $86.50 Rationale for increase: currently recovering at 60%. Oak Knoll Golf Course Daily Coupon Rate to $10 9-hole cart rate to $10 and $8 for seniors. Daily rate for 9 holes (off season) to $14 and $12 for seniors Daily rate for 18 holes (off season) to $20 and $18 for seniors Rationale for increase: In FY 12 the golf course recovered 72.5% of costs. Home of Famous Lithia Park CITY OF ASHLAND Memo DATE: May 14, 2013 TO: Finance FROM: Gail Rosenberg RE: Police Miscellaneous Fees and Charges As of this date there will be no changes in the police department fees and charges. Bicycle licenses were repealed via resolution 2012-21. Ashland Police Department Tel: 541482-5211 1155 E Main St Fax: 541-488-5351 Ashland, Oregon 97520 w .ashland.or.us CITY OF ASHLAND Council Communication June 4, 2013, Business Meeting Economic Development Strategy, Phase Two Implementation Plan FROM: Adam Hanks, Management Analyst, adam@ashland.or.us SUMMARY The Economic Development Strategy adopted in July of 2011 contained an implementation plan sorted into three priority levels. With the completion of the bulk of the priority one implementation actions, staff presented a review of the work completed as well as a proposed update to the implementation plan at the Council meeting of March 19, 2013 followed with a Study Session on April 15, 2013. The proposed "phase two" plan update maintains the existing Strategy framework with remaining actions re-prioritized based on a variety of factors, including results of the Business, Retention and Expansion survey (B,R&E) and discussions and updates from the City's local and regional economic development partners. At the April 15 study session, Council requested that the proposed implementation plan include performance metrics for each of the proposed phase II implantation actions, as well as a more detailed breakdown of the proposed action 3.3. Additionally, Council discussed the proposal from Mayor Stromberg to include a new eighth strategy and related implementing actions but no specific direction was provided. The strategy and actions are included as a memo attachment. BACKGROUND AND POLICY IMPLICATIONS: The six priority one actions identified in the initial implementation plan document included the following: 1.1 Conduct a targeted Business Retention and Expansion sunvey @omplete 1.2 Designate City Staff "point of contact" for economic development Complete needs/,projects/.interactions 2.1 Formalize relationships and roles for Ashland specific strategry implementation ©n-going among maj~paztners 3.1 Maximize impact of existing Economic l2evelopmenU_Cultural grant process @om lete 6.1 Evaluate the use of urban renewal districts to spur private reinvestment in @omplete tacQeted commercial.and,emplovment areas,of,AshIand 7.1 Improve the L and Use DevelopmentProcess.F. - :w In Progress The attached 2013-14 Strategy implementation plan update incorporates several minor suggestions to the original 2009 Council goal that formed the scope of the plan. Aside from those suggested additions (highlighted in yellow), the phase two update focuses exclusively on revising and reprioritizing the remaining actions based on feedback and input from the B,R&E, draft 2013 Council goals, as well with the City's economic development partners and other local stakeholders. Page 1 of 3 WP•1 CITY OF ASHLAND Approval of a phase two implementation plan will provide continued program consistency and build upon prior work products and successes and reinforce the City's stated support and desire to be an appropriately active participant in expanding and strengthening the local economy. FISCAL IMPLICATIONS: The proposed phase two plan update forms the basis for the Economic Development Program budget that was presented to the Citizen's Budget Committee in May for approval. The following chart provides an initial assessment of projected costs for the proposed phase two plan. Specific project costs will be presented to Council prior to implementation. Estimated City Phase Two Priority Actions Cost (FY t 7.1 Improve the Land Use Development Process - Incorporates actions 7.2 Comm Dev and 7.3 (Staff time) 2.1 Formalize relationships and roles for Ashland specific strategy Econ Dev implementation among major partners (Staff time) 2.2 Create formal and routine communication with all regional economic Econ Dev development partners (Staff time) 3.3 Create a coordinated economic development information and marketing $50,000-$75,000` plan to maximize public communication tools, increase exposure to local (based on phasing, and regional business resources (market data, real estate/occupancy data, software/hosting utility/infrastructure info, community/customer demographics by sector, etc) build out, data prioritization, etc) 6.4 Develop and implement a communication/outreach plan for the recently Econ Dev awarded E-Commerce Zone (Staff time) 6.5 Evaluate land availability for business expansion on lands on or Comm Dev/Econ adjacent to existing businesses Dev (Staff time) 1.5 Assist local businesses in energy, water, waste, supply chain $10,000 reductions and efficiencies Green Business Program software 4.2 Develop, promote, and expand job training programs to meet skill $8,000 - $10,000 needs identified by local business Econ Dev (staff time) 1.4 Create/Expand a local business resource & mentoring program + contract technical assistance staffing 4.1 Develop/expand programs to connect local education partners with from Rogue business community for experience and exposure to entrepreneurship, Workforce business development & operations Partnership *Contains multiple projects relating to information/daWmarketing. See attached draft plan update for detail Page 2 of 3 da0mrF•, CITY OF ASHLAND The proposed FYI 4 Economic Development Program budget allocates $105,000 for specific projects or programs associated with the ongoing implementation of the Economic Development Strategy. The remaining estimated $10,000 that has not be preliminarily identified as a specific project relating to phase two Strategy implementation provides Council with the opportunity to utilize the funds should the need/desire arise during the course of the budget period. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that Council approve the Phase two implementation update plan and provide any specific direction on desired details within the individual actions themselves. SUGGESTED MOTION: I move to accept the Economic Development Strategy Phase Two Implementation Plan Update as an appendix to the original Economic Development Strategy adopted by Council in July of 2011. ATTACHMENTS: Draft Phase Two Strategy Implementation Plan Memo regarding Mayor's proposed additions Adopted 2011 Economic Development Strategy - www.ashland.or.us/strateey l Page 3 of 3 CITY OF -ASH LAN D Economic Development Strategy Implementation Plan Phase Two Implementation FYi014 With the results of the business retention and expansion survey in hand, four of the six priority one actions complete and one well into its development and review phase, a more comprehensive review of the Strategy document as a whole is needed to maintain focus and productivity towards the overall strategy goals and objectives. The original strategy broke the strategy down into three primary areas: The Task, The Questions, & The Plan. The Task The task remains essentially unchanged, but for a few proposed additions to slightly enlarge the scope of the composition and impact of the next group of recommended implementing actions. Develop and implement a comprehensive economic development strategy for the purpose of: • Diversifying and expanding the economic base of the community • Supporting creation and growth of businesses and non-profit/public sector organizations that use and provide local and regional products and services • Increasing the number of family-wage jobs in the community • Leveraging the strengths of Ashland's tourism and repeat visitors Inclusion of non-profit and public sector organizations alongside the more common focus of "business" is intended to recognize the ability of many non-profit and public sector groups to contribute as a traded sector participant in the local economy, bringing "outside money in" by exporting their services to others outside the region, importing wealth in the form of grant funds that benefit the local economy in a number of ways and often paying wages at or above the regional median levels. The innovative partnership between the City of Ashland, the US Forest Service, Lomakatsi Restoration Project and the Nature Conservancy is a prime example of the impact of non-profit and public sector organizations in the local economy. The Questions The strategy development committee went through significant effort to answer the following key questions that helped shape the final, plan: • What is economic development? • How is our economy different? (Advantages) • What is working for us now? (Strengths) • What is not working? (Weaknesses) I ` Econornic DEVELOPMENT STRATEGY Enhancing economic strength in community • What do we want? (Vision) • How do we get there from here? (Strategy) As various staff, local partners and Mayor and Council reviewed the results of the Business Retention and Expansion (B,R & E) survey, much of the survey responses were consistent with the committee answers to these questions. The B,R & E survey was a critical first implementation step that resulted in detailed statistical analysis of the current local economic climate and most importantly provided feedback and prioritization of specific actions, activities, services or resources our local business community needs and values to survive, thrive and grow. While the first five questions are important, the key question of "How do we get there from here?" forms the basis for the task of updating "The Plan" Before jumping into specific strategy objectives, four focused target business types were identified along with a business profile. They include: • Existing businesses in the community with a commitment to operating their business and living in Ashland • Businesses that rely on and earn a competitive advantage from innovation, creativity, design and technology in their operations for new product development, creation or expansion of niche markets, process improvements, etc • Businesses that produce specialty and value added goods or services with a market beyond our local economy • Businesses that purchase from the local and regional economy for supply or provide goods or services that reduce the need of the community to purchase goods or services from outside of region. To incorporate the traded sector value of local non-profit organizations, the term businesses should be defined to reference the inclusion of non-profds or be added to each of the four targets as well. The business profile seems to remain a good match to the types of businesses that the plan is intended to focus its efforts and has no differentiation between business and non-profit. The Plan The final strategy document contained the following seven objectives: • Assist local existing and emerging business stabilize and grow • Improve long term coordination and collaboration with local and regional economic development partners • Increase availability of investment capital for local businesses • Provide local educational & technical skills development to match local business workforce needs • Increase tourism.in the fall, winter and spring and diversify the types of events and activities promoted • Provide appropriate land supplies for needed business growth/expansion with quality infrastructure to all commercial and employment lands 2 ` Econor k DEVELOPMENT STRATEGY Enhancing economic strength in community • Manage the physical development process to ensure understandable requirements with timely and predictable results while safeguarding and improving the quality of the environment and the community Implementing actions were built to accomplish each of the seven objectives. In reviewing the original prioritized action list along with the results of the B,R&E and various meetings and discussions with local business and economic development partners, the following updated priority list addresses the concerns, requests and desires of most. Each of the original actions contained a description providing additional details of tactics, tasks and projects to successfully accomplish the action. With the benefit of the additional review and input, the descriptions of the recommended new priority one items have been revised to assist with final funding, timeline, City staff and partner involvement needs as well as to most closely match the needs of the local economy. Priority 1 Actions (10 items) 7.1 Improve the Land Use Development Process - Incorporates actions 7.2 and 7.3 2.1 Formalize relationships and roles for Ashland specific strategy implementation among major partners 2.2 Create formal and routine communication with all regional economic development partners 3.3 Create a coordinated economic development information and marketing plan to maximize public communication tools 6.4 Pursue the expansion of a State E-Commerce Zone for Ashland 6.5 Evaluate land availability for business expansion on lands on or adjacent to existing businesses 1.5 Assist local businesses in energy, water, waste, supply chain reductions and efficiencies 4.2 Develop, promote, and expand job training programs to meet skill needs identified by local business 1.4 Create/Expand a local business resource & mentonng program 4.7 Develop/expand programs to connect local education partners with business community for experience and exposure to entrepreneurship, business development & operations ' Proposed to be directed to Council Goal concept of Jobs Commission/Jobs Advisory Board to review existing resources and develop actions to maximize existing resources or develop new resources specifically for Ashland employers and current/future potential employees. 3 ` ECOnornk DEVELOPMENT STRATEGY Enhancing economic strength in community Individual Action Detail I 7.1 Improve the Land Use Development Process 1 C-ity This action is one of the original priority one actions and remains in progress towards meeting the objective of improving the land use development process. As the Community Development Staff have progressed through their participation in the B,R&E survey as well as surveys to their own customers, many of the issues are being addressed through the Unified Land Use Code project. The Unified Code project objectives are to make the code clear, consistent, concise, adaptable and user-friendly, while also improving internal City department communication and coordination particularly on larger and more complex development projects. Phase II of the project is intended to address issues raised in action items 7.2 and 7.3, which state: 7.2 - Create incentives for development applications that meet certain pre-defined economic development eligibility criteria 7.3 - Consider changes to Land Use Development Code that may be inhibiting redevelopment or new construction Benchmark/Performance Measure - Completion of Unified Land Use Code project 2.1 Formalize relationship and roles for Ashland specific 1 BizOR, C-hamber, strategy implementation among major partners (City of City, JackCo, Ashland, Chamber, Jackson County, SOREDI, Business Oregon, Job SOREDI, SOU, RGC, Council, etc) SBDC, THRIVE With the responsibilities for the coordination and on-going implementation of the Economic Development Strategy and related activities resolved with its placement in the City Administrator's Office, this action will be given more attention and will function in parallel and in conjunction with the proposed updated priority one actions. Benchmark/Performance Measure - Schedule to host and conduct four quarterly meetings with representatives of economic development partner organizations in FY14 2.2 C-reate formal and ro-uti-n-eT commu~nic n with all regional 1 BizOR, C-hamber, economic development partners City, JackCo, Swq%SOU, RCC, SB~C, THRIVE This action is closely associated with action 2.1 and could benefit from the creation of a local Jobs Commission/Advisory Board, but will also rely and build on existing communication structures utilized by local and regional economic development partners. Benchmark/Performance Measure - Schedule to host and conduct four quarterly meetings with representatives of economic development partner organizations in FY14 4 ` ECOnOMiC DEVELOPMENT STRATEGY Enhancing economic strength in community 3.3 r ieeaa coordinated economic development information.- 1 BizORChamber, and marketing plan to maximize public communication + - ~ ~C~ty~,SOREDI tools OU/RCC 101 The community has a variety of public communication resources such as City, Chamber and other economic development partner websites, social media outlets, direct mailing lists, e-newsletters, community TV (RVTV), postings in community meeting spaces, City Commission & Committee packets, etc. A coordinated information and marketing plan would provide consistent and complete local and regional economic development information and services for the region. The system would integrate partner agency content to automate distribution across partner communication platforms for maximum efficiency and reach to the business community and the public. The B,R&E contained many references to the need/desire for increased marketing and communication efforts for business education and training, including Ashland specific data sets across a variety of often inter-related business segments such as real estate market analysis, detailed demographic analysis, etc. Additionally, resources such as current development related information, fees, licenses, services available, etc was also suggested to be pulled together into one resource location and kept current. 3.3.1 - A suggested concept to achieve this goal is a local business resource web portal which could house all of the information described above as a one-stop shop for market/demographic data, contacts, educational and business services resources across the various business segments. The portal would be organized to provide information, resources and guidance specific to the needs of the user: Starting a business - Business assistance/training, business/strategic planning resources, legal structures, licensing/permitting, site selection, sector specific customer demographics, local vendor supply chain opportunities Growing a business - Staffing/workforce training resources, expansion markets/exporting assistance, site evaluation, real estate occupancy/vacancy/BLI information Relocating a business - Site evaluation/land use codes, infrastructure assessment/constraints, incentive programs (enterprise/e-commerce zones), occupancy/vacancy/BLI information Financing a business - Local, State and Federal financing programs, grant opportunities, seed/angel fund programs, infrastructure deferral/loan programs, incentive programs 3.3.2 - Develop, maintain and publish through the business portal an economic indicators dashboard tool to assist Council, businesses and the community in gauging the local economic climate. Indicators could include totals, percentage annual change and comparisons to other communities in the following: • Business license registration by major category • Total employees by major category • Residential and commercial construction permits and valuation • Home occupation permits • Transient Occupancy Tax collections 5 ` ECOnOM1C DEVELOPMENT STRATEGY Enhancing economic strength in community • Occupancy rate • Visitor/tourist population • Ashland School District enrollment by grade • Commercial electric and water utility consumption • New commercial electric and water utility meter connections • Annual average home monthly rent • Median home sales • Population by age group • Attainment of Economic Development Strategy action targets Other regional indicators could be included and tracked to connect Ashland specific trends with regional indicators such as median household income, wage growth, etc that are not available at the Ashland community level. 3.3.3 - To further expand and provide exposure to the variety of core business segments, information could also be provided in the form of short videos for key local segments such as: Digital Technology , vitaculture/sustainable ag/organic farming, Performing Arts, Visual art and design, film and video production, culinary, government innovation/partnerships and connected to the business resource portal and other marketing partners and outlets. Benchmark/Performance Measure - Completion and quarterly reporting to Council and the community using an economic indicators dashboard with FY13 benchmarks and performance targets and measures where appropriate. ' 6 4 Develop and implement a comet nicati n/outreach plan for the r° BizOR Chamber,. 'a`te recen tl awarded E CommerceZone U M' ~a e < . S City, JackCo, SOREDI With considerable support and assistance from Jackson County and SOREDI, an e-commerce designation was secured for the entire Jackson County enterprise zone which much of the employment lands in Ashland are now a part of. To maximize the benefits of this new resource, City staff will work with Jackson County and SOREDI to ensure that property owners, businesses and interested parties are aware of the program, its benefits and opportunities. Benchmark/Performance Measure - Contact all property owners and businesses within the three e- commerce nodes in Ashland, schedule and conduct informational meetings at each node location, follow up on interest from individual property owners or business owners by January 2014. One approved e-commerce business in FY14. 6 ` Economic DEVELOPMENT STRATEGY Enhancing economic strength in community 41 6 .5 Evaluate land availability for business expansion on lands 1 BizOR, Chamber, on or adjacenttoxexisting businesses; City, SOREDI As most job growth comes from the expansion of existing businesses, it is critical to evaluate lands where business expansion is likely or desired to understand and anticipate obstacles and barriers of the adjacent lands for expansion while also looking forward using expected market growth need estimates over the next 10-20 years. Using the Urban Renewal District feasibility study, the EOA, the updated BLI, the B, R & E results and other related data, an initial analysis would be prepared. City staff or a designated task force could review and evaluate existing business expansion opportunities (adjacent lands), new business land needs consistent with identified target areas (profile/attributes action 1.1) and land needs and opportunities within the existing Urban Growth Boundary (UGB). The evaluation will include elements such as, infrastructure needs for the identified lands, existing and proposed zoning regulations and identification of potential conflicts with expansion forecasts/needs, etc. The results may indicate the desire and benefit for proactive adjustments to the zoning regulations, the inclusion of specific public projects in the City Capital Improvement Plan (CIP) and/or other policy modifications. The results will also provide those businesses contemplating expansion with upfront analysis of the practical and policy implications of a proposed expansion, removing much of the unpredictability of that process. Participating proactively with the business community on business expansion needs and obstacles was identified in the B,R&E survey as a significant business need and resource. City and Chamber staff had follow up conversations with many of the survey respondents and found a variety of issues where further site evaluation and identification of expansion needs would benefit both short and long term decision making for business expansion and could be the biggest assistance in retaining existing businesses in Ashland. Benchmark/Performance Measure Conduct a minimum of 10 site expansion evaluations in FY14 r, 1 . 5 Assishlocal businesse"s in energy water waste, supply 1 City, Recology, Parks chain reductions and eff ciencies, & Rec, DEQ, Avista The City of Ashland created an Ashland Green Business Program four years ago, managed and staffed through the City's Conservation Division, as a coordinated multi-agency team (city-water, city-Electric, Recology-waste, Avista-Nat gas, DED) to help businesses wanting to increase the efficiency and sustainability efforts of their business operations. The program conducted audits in all major consumption categories and works with businesses to develop plans and strategies to reduce initial consumption, reduce waste and eliminate toxic materials. In addition to reducing operating costs for local businesses and preserving community resources, successful implementation of audit findings result in job creation for the local construction/trades sector. 7 ` EconorrdC DEVELOPMENT STRATEGY Enhoncing economic strength in community With turnover in staffing and a significant increase in program workload each year (new businesses are added with existing businesses going through annual evaluations), the Green Business Program has been placed on hold pending a review of program objectives and potential tools available to more efficiently deliver the level of service expected and desired of the program. Staff proposes providing businesses with a set of online tools developed by ICLEI (Local Governments for Sustainability) called the Green Business Challenge. The product allows locals businesses to complete a baseline survey of their resource usage, select a goal level to achieve in each category, use the software to track data over the period of the goal, connect with City and other partner resources to help meet the selected goal and compare their progress with other local businesses and businesses of their type across the nation. This program format allows staff to serve interested businesses regardless of the volume of interest and participation. Benchmark/Performance Measure - Participation by 30 local businesses by end of FY14 4.2 Develop, promote, and, expand job training programs to 1 C*hamber, City, Job meet skill needs itlenhfied by local busi less Council, SOR NI r' µu!~ Ulf 1.4 C-reate/Expand a local business resourcementoring sm Chamber, City, program SOUlRCG-SBDC 4.1 Develop/expandl"programs to connect locateducation 1 ASD, SOU/RCC, partners with business community for experience and Chamber, Job exposure to entrepreneurship, business development & Council, SOREDI, operations City Each of these actions were mentioned consistently throughout the B,R&E as programs and services that would benefit local businesses. All three actions identified and supported in the B,R&E are occurring at some level within the region. The reoccurring theme throughout the survey response and from other discussions with business leaders and partner organizations is that there is a need for Ashland specific resources and programs in these areas. As part of Council's goalsetting for 2013-14, an objective was identified under the community quality of life goal to establish a permanent jobs commission. A group like a Jobs Commission or Jobs Advisory Board could be developed and charged with developing a prioritized plan to leverage existing services and augment those services when necessary to ensure that work being done in the region is available, accessible and tailored to Ashland employer and employee needs. Staff level discussions with the listed partners indicate that a variety of programs currently in place in the region would benefit from additional participation from Ashland businesses, institutions, schools and non-profit and government partners. 8 ` ECOnOM1C DEVELOPMENT STRATEGY Enhancing economic strength in community Priority 2 Items (7 items) 1.6 Determine feasibility/demand for BizOR, Chamber, City, Chamber/SOU TBD local business assistance and support SOREDI, SBDC, RCC, office SOU 3.2 Create opportunities for increased ❑ City, Chamber. SOREDI Chamber Econ Dev budget local access to funds (staff time) 5.1 Maximize City funded marketing ❑ Chamber, City Chamber rwn v Grant or efforts targeted for "year-round" tourism 5.2 Determine market feasibility for a Chamber. City, OSF, City Econ Dev budget convention/community center SOU (Staff time + contract) City City budget 5.3 Develop capital improvement ❑ r plan and mai ntenance strategy for the Plaza and downtown (Staff time + contract) 6.3 Complete transportation and utility n City City CIP budget service connections to all commercial G and industrial lands in the City limits (Staff time + Contract) and UGB 6.7 Complete and maintain real-time 2,t Chamber, City, SOREDI, City/Chamber Ewn Dev Grant or commercial occupancy data Private contract (availability, price, contacts, etc.) Possible data set to be incorporated into proposed action 3.3.1 - Business Resource Portal Priority 3 Items (8 items) 1.3 Increase opportunities for local ❑ Chamber, City, SOU, THRIVE Econ Day Grant or import substitution and local to local THRIVE contract purchasing 6.2 Complete and maintain publicly 3* City City PW budget accessible real-time online buildable (Staff time) lands inventory 6.6 Determine feasibility and cost/benefit t for public purchase of key Ewn Dev/Admin 3 City City budget industrial lands to make "shovel ready" for re-sale for business development (Staff time) 7.4 Update the Economy Element of ? city Comm Dev/Econ Dev the Comprehensive Plan budget (Staff time) 9 Econor iC DEVELOPMENT STRATEGY Enhancing economic strength in community 7.5 Prov~ pulblic access to ry * City City PW butlget development related data sets (GIS J Mapping) (Staff time) 7.6 Integrate existing sustainable City City Comm Dev budget development concepts & practices into (staff time) development standards 7.7 Create and define quantifiable q City City Grant or wniract community "Quality of Life" indicators J to measure economic development strategy success, both monetary and non-monetary 11111111M Develop and Implement a Facade Chamber, Ort City Econ Dev/Admin Improvement Program budget (Staff time) ` Possible data set to be incorporated into proposed action 3.3.1 - Business Resource Portal 10 ` ECOnorrk DEVELOPMENT STRATEGY Enhancing economic strength in community CITY OF ASHLAND Memo TO: Mayor and City Council FROM: Dave Kanner, city administrator DATE: April 10, 2013 RE: Mayor's proposed additions to the Economic Development Strategy In addition to the staff-proposed update to the Economic Development Strategy, the Mayor has proposed the inclusion of an eighth strategy objective: "Cultivate a culture of innovation throughout the community to connect and energize the creative process in business, public sector organizations, the arts, environmental enterprises, education, health, personal and spiritual development." As part of this proposed eighth strategy, the Mayor has proposed several supporting actions: 1) Initiation of an annual City Council/Parks Commission Goals meeting 2) Mayor participation in the statewide Mayors for School Kids advocacy group formed by Portland Mayor Charlie Hales 3) Formation of a visitor contribution program with the National Forest Foundation in support of the Ashland watershed and the Ashland Forest Resiliency project I recommend specific discussion of these items for inclusion in the updated Economic Development Strategy. DAVE KANNER, CRY ADMINISTRATOR 20 E. Main 5[. Ashland, OR 97520 541-552-2103 dave.kanner@ashland.or.us CITY OF ASHLAND Council Communication June 4, 2013, Business Meeting Update to Financial Management Policies and Accounting Methods in Consideration of a Biennial Budget FROM: Lee Tuneberg, Finance Director, Administrative Services Department, tuneberl@ashland.or.us SUMMARY The City of Ashland Budget Document Appendix includes a general Financial Management Policy section and an Accounting Methods section that provide guidance on fiscal operations. These documents also help the reader to understand the budget as a whole and how the individual funds are managed from a financial or budget perspective. These policies and procedures are in need of updating, especially considering the move to a biennial budget, changes in fiscal operations and potential for newly created funds for inclusion in the 2013-2015 budget document. BACKGROUND AND POLICY IMPLICATIONS: The attached revised documents are consistent with many of the recent discussions in preparing for the transition to a biennial budget. There are limited changes, since these documents were reviewed in 2010 as part of adopting the Governmental Accounting Standards Board Statement 454 that addressed changes in the industry relating to terminology and categorization of monies held in the ending fund balance. In the attached documents, existing language proposed to be struck is in red Italics and lined through. Proposed new language is in red and underlined. Narrative or commentary information is in parenthesis and in blue. The major changes are as follows: 1. Review of required ending fund balance/carry forward minimums and calculations needed with a biennium budget. This revision proposes lowering the General Fund Ending Fund Balance to 10%, to reflect two year's worth of property taxes receipted in as operating income. 2. Consistent language and methodology for Contingency calculation is provided. Normally, a minimum of 3% of operating expenditures is used to calculate Contingency for a fund. 3. Clarification that reserves for debt service are held where required or recommended. 4. An update of the expenditures for services provided in the General Fund. 5. An update to the types of revenue recorded in the Ashland Parks and Recreation Fund recognizing the payment for services from the City rather than allocation of taxes receipts. 6. Clarification of the fund type for the Ashland Parks & Recreation Fund as a general type fund. 7. Clarification of the fund policy for the Ashland Parks and Recreation Fund. 8. Clarification of Council authority for committing or assigning fund balances and subsequently changing them per GASBS 54. 9. In general, correcting titles or typographical errors. Page I of 2 Pr, CITY OF ASHLAND Changes in these two documents may require Council to take action on Resolution 42010-05 Establishing Target Ending Fund Balances and Resolution #2011-17 which provided compliance with GASBS 54. FISCAL IMPLICATIONS: There is no direct fiscal impact with updating the policies. Changes in calculating a contingency or ending fund balance (minimum or target) is likely to impact the total budget as presented but should have a positive influence on operations over the long term. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that Council accept the document as revised. SUGGESTED MOTION: I move to accept the changes to the Financial Management Policies and to the Accounting Methodologies documents effective with the 2013-2015 biennium budget. ATTACHMENTS: Financial Management Policies Accounting Methodologies Resolution #2011-17 Resolution 2010-05 Page 2 of 2 ~r, Financial Management Policies The Financial Management Policies apply to fiscal activities of the City of Ashland. Objectives The objectives of Ashland's financial policies are as follows: • To enhance the City Council's decision-making ability by providing accurate information on program and operating costs. •'I'o employ revenue policies that prevent undue or unbalanced reliance on any one source, distribute the cost of municipal services fairly, and provide adequate funds to operate desired programs. • To provide and maintain essential public programs, services, facilities, utilities, infrastructure, and capital equipment. • To protect and enhance the City's credit rating. • To ensure the legal use of all City funds through efficient systems of financial security and internal control. Investments All City funds shall be invested to provide-in order of importance-safely of principal, a sufficient level of liquidity to meet cash flow needs, and the maximum yield possible. One hundred percent of all idle cash will be continuously invested. Accounting •'fhe City will maintain an accounting and financial reporting system that conforms to Generally Accepted Accounting Principles (GAAP) and Oregon Local Budget Law. The City will issue a Comprehensive Annual Financial Report (Audit report) each fiscal year. The Comprehensive Annual Financial Report shows fund expenditures and revenues on both a GAAP and budget basis for comparison purposes. • An independent annual audit will be performed by a certified public accounting firm that will issue an official opinion on the annual financial statements and a management letter as needed or required detailing areas that need improvement. (No management letter should be prepared if it is not needed or required.) • Pull disclosure will be provided in financial statements and bond representations. • The accounting systems will be maintained to monitor expenditures and revenues on a monthly basis with thorough analysis and adjustment of the annual budget as appropriate. • The accounting system will provide monthly information about cash position and investment performance. • Annually, the City will submit documentation to obtain the Certificate of Achievement for Excellence in financial reporting from the Government Finance Officers Association (GFOA). Operating Budgetary Policies • The budget committee will be appointed in conformance with state statutes. The budget committee's chief purpose is to review the city administrators (budget officers) proposed budget and approve a budget and maximum tax levy for city council consideration. The budget committee may consider and develop recommendations on other financial issues as delegated by the city council. • The City will finance all current expenditures with current revenues. The City will avoid budgetary practices that balance current expenditures through the obligation of future resources. • The City budget will support city council goals and priorities and the long-range needs of the community. • In contrast to the line-item budget that focuses exclusively on items to be purchased (such as supplies and equipment), the City will use a prograin/objectives format that is designed lo: 1) Structure budget choices and information in terms of programs and their related work activities, 2) Provide information on what each program is committed to accomplish in long-term goals and in short-term objectives, and 3) Measure the degree of achievement of program objectives (performance measures). • The City will include multi-year projections in the budget document. • To maintain fund integrity, the City will manage each fund as an independent entity in accordance with applicable statutes and with generally accepted accounting principles. • The City will allocate direct and administrative costs to each fund based upon the cost of providing these services. The City will recalculate the cost of administrative services regularly to identify the impact of inflation and other cost increases. • The City will submit documentation for each adopted budget to obtain the Award for Distinguished Budget Presentation from the Government Finance Officers Association. Fund Balance Policy General Fund The General Fund accounts for all financial resources not accounted for in other funds. Resources include working capital carryover, taxes, licenses and permits, intergovernmental revenue, fines and forfeitures, charges for services, miscellaneous revenues, and inter-fund transfers. Expenditures are for Social Services, Economic and Cultural Development, Police Department, Municipal Court Department, Fire and Rescue Department, City Band, Cemeteries, and the Department of Community Development and payments for services orovided by other funds. This fund uses the modified accrual method of accounting. (The inserted text provides clarity.) • The General Fund will maintain an unrestricted and undesignated balance of annual revenue of at least 12 percent. (Change this to 10% for biennium budget? How is it impacted with all property taxes in General Fund?) This is the minimum needed to maintain the City's credit worthiness and to adequately provide for economic uncertainties and cash flow needs. • The General Fund will maintain an unrestricted and undesignated balance of annual revenue of at least 12 percent. The City will budget a contingency appropriation to provide for unanticipated non-recurring expenditures or shortfalls in projected revenues. The minimum contingency will be maintained at not less than 3 percent of annual operating expenditures. Special Revenue Funds Special Revenue funds account for the proceeds of specific sources that are legally restricted to expenditures for specified purposes. Special Revenue funds account for transactions using the modified accrual method of accounting. Reserve Fund. This fund is used to set aside funds to protect services and to stabilize the budget, and to meet any costs that may arise in the future from unexpected events. As established by Resolution 2010-18. Community Development Block Grant Fund This fund was established in 1994-95. The fund accounts for the Block Grant and related expenditures. • A fund balance policy is not needed since this fund works on a reimbursement basis. Street Fund Revenues are from the state road tax, grants, franchise fees, charges for services and miscellaneous sources. Expenditures are for the maintenance, repair, and surfacing of streets, as well as the maintenance, repair and construction of storm drains. • The Street Fund will maintain an unrestricted and undesignated balance of annual revenue of at least 15 percent. This is the minimum needed to maintain the City's credit worthiness and to adequately provide for economic uncertainties and cash flow needs. • The System Development Charges for Transportation and Storm Drains are included in the Street Fund balance. This portion of the Street Fund balance is restricted and shall not be used in determining the minimum fund balance. • The City will budget a contingency appropriation to provide for unanticipated expenditures of a nonrecurring nature or shortfalls in projected revenues. The minimum contingency will be maintained at not less than 3 percent of annual operating expenditures. Airport Fund. Revenues are from airport leases, and fuel sales. Expenditures are for airport operations. • The Airport Fund will maintain an unrestricted and undesignated balance of annual revenue of at least 10 percent. This is the minimum needed to maintain the City's credit worthiness and to adequately provide for economic uncertainties and cash flow needs. • No portion of the Airport fund balance is restricted for specific uses. • Many of the Airport assets have restrictions placed on them by the Federal Aviation Administration. None of the current revenues are pledged to outside lenders. , • The City will budget a contingency appropriation to provide for unanticipated non-recurring expenditures or shortfalls in projected revenues. The minimum contingency will be maintained at not less than 3 percent of annual operating expenditures. Capital Projects Funds Capital improvement funds are established to account for financial resources that are used for the acquisition or construction of major capital facilities (other than those financed by Enterprise Funds, Internal Service Funds, Special Assessment Funds, and Trust Funds). Capital projects funds use the modified accrual method of accounting. Capital Improvements Fund. This fund accounts for revenues from grants, unbonded assessment payments, and other sources, and will account for the construction of special local improvements, usually streets, with revenues from short term borrowing and unbonded assessments. Expenditures are for construction, property and equipment acquisition and replacement, improvements and related purposes including facility maintenance, and the repayment of short-term debt principal and interest incurred in financing improvements. The purpose is to accumulate funds prior to a large construction project; therefore, there is no minimum fund balance. • The System Development Charges (SDCs) for Parks are included in the Capital Improvement fund balance. This portion of the Capital Improvements fund balance is legally restricted and shall not be used in determining the minimum fund balance. ,w?d offlee spoee needs. (There are no such restrictions in effect at this time or anticipated in the biennium.) • The City will budget a contingency appropriation to provide for unanticipated non-recurring expenditures or shortfalls in projected revenues. The minimum contingency will be maintained at not less than 3 percent of annual revennes -operating expenditures. (Correction to be consistent with policy on contingencies.) Debt Service Funds Debt Service Funds account for the accumulation of resources for, and the payment of, general long-term debt principal and interest. Expenditures and revenues are accounted for using the modified accrual method of accounting. All bond issues and notes are separated in the accounting system. • All of the monies within the Debt Service fund are restricted for Debt service until the specific debt is repaid in full. ORS prohibits cities from borrowing this money for any other purpose. • The Debt Service Fund will maintain an unrestricted and undesignated balance of annual revenue as required by the specific debt instrument. This is the minimum needed to maintain the City's credit worthiness and to adequately provide for economic uncertainties and cash flow needs. Enterprise Funds Enterprise funds account for the following operations: (a) those that are financed and operated in a manner similar to private business enterprise, where the intent of the governing body is that the costs (expenses, including depreciation) of providing goods and services to the general public on a continuing basis be financed or recovered primarily through user charges; or (b) those where the governing body has decided that periodic determination of revenues earned, expenses incurred, and/or net income is appropriated for capital maintenance, public policy, management control, accountability, or other purposes. Enterprise funds use full accrual basis of accounting for financial statement presentations. However, the enterprise activities use a modified accrual basis of accounting for budgetary purposes. This assures budgetary compliance with such expenditures as capital construction and acquisition, as well as debt principal transactions. Water Fund This fund accounts for water operations. Revenues are from sales of water, other charges for services, and miscellaneous sources. Expenditures are for operations, conservation programs, capital construction, and retirement of debt. • The Water Fund will maintain an unrestricted and undesignated balance of annual revenue of at least 20 percent in addition to any amounts o•__°`a dehi gnane`ni? Held for repayment ofdebt. This is the minimum needed to maintain the City's credit worthiness and to adequately provide for economic uncertainties and cash flow needs. (Recognizes monies restricted for debt service.) • The Water System Development Charges and reserved debt service fund balances are included in the Water Fund balance. These portions of the Water Fund balance are restricted and shall not be used in determining the minimum fund balance. • The City will budget a contingency appropriation to provide for unanticipated non-recurring expenditures or shortfalls in projected revenues. The minimum contingency will be maintained at not less than 3 percent of annual I.-._-,.~~ ooera(ine expenditures. (Correction to be consistent with policy on contingencies.) Wastewater Fund This fund accounts for wastewater treatment and collection. Revenues are from charges for services. Expenditures are for operations, capital construction, and retirement of debt. • The Wastewater Fund will maintain an unrestricted and undesignated balance of annual revenue of at least 15 percent in addition to any amount required by debt financing. This is the minimum needed to maintain the City's credit worthiness and to adequately provide for economic uncertainties and cash flow needs. • The Wastewater System Development Charges are included in the Wastewater Fund balance. This portion of the Wastewater Fund balance is restricted and shall not be used in determining the minimum fund balance. • The City will budget a contingency appropriation to provide for unanticipated non-recurring expenditures or shortfalls in projected revenues. The minimum contingency will be maintained at not less than 3 percent of annual Fevenffes- operating expenditures. (Correction to be consistent with policy on contingencies.) Electric Fund. The Electric Fund accounts for the distribution of purchased electricity according to standards set forth by the Federal Energy Regulatory Commission. Revenues are from sale of electricity and other charges for services and intergovernmental grants. Expenditures are for related operations. Utility operations include wholesale power purchases, operating expenses, energy conservation incentives, capital outlay, retirement of debt, franchise tax, and related purposes. • The Electric Fund will maintain an unrestricted and undesignated balance of annual revenue of at least 12 percent. This is the minimum needed to maintain the City's credit worthiness and to adequately provide for economic uncertainties and cash flow needs. • No portion of the Electric Fund balance is restricted for specific uses. • The City will budget a contingency appropriation to provide for unanticipated non-recurring expenditures or shortfalls in projected revenues. The minimum contingency will be maintained at not less than 3 percent of annual operating expenditures. Telecommunications Fund. The Telecommunications Fund accounts for the revenues and expenditures of the Ashland Fiber Network. • The Telecommunications Fund will maintain a minimum balance of 20 percent of annual revenue as was established in FY 2006-07. • The City will budget a contingency appropriation to provide for unanticipated non-recurring expenditures or shortfalls in proiected revenues. The minimum cwuingencv will be maintained at not less than 3 percent ofannua! operating expenditures. (Correction to be consistent with policy on contingencies.) Internal Service Funds Internal service funds account for the financing of goods or services provided by one department or agency to other departments or agencies of the governmental unit, or to other governmental units, on a cost reimbursement basis. Internal service funds use full accrual accounting methods for financial statement presentations. However, the internal service funds use a modified accrual basis of accounting for budgetary purposes. This assures budgetary compliance with such expenditures as capital construction and acquisition as well as debt principal transactions. Central Services Fund This fund is divided into Administration, Information Technology, Administrative Services, City Recorder, and Public Works Administration/Engineering. Expenditures are for personnel, materials and services and capital outlay for these departments. These functions are supported by charges for services by all direct service departments and divisions. (Correction in title.) • The Central Services Fund will maintain an unrestricted and undesignated balance of annual revenue of at least 3 percent. This is the minimum needed to maintain the City's credit worthiness and to adequately provide for economic uncertainties and cash flow needs. • No portion of the Central Services Fund balance is restricted for specific purposes. • The City will budget a contingency appropriation to provide for unanticipated non-recurring expenditures or shortfalls in projected revenues. The minimum contingency will be maintained at not less than 3 percent of annual operating expenditures. Insurance Services Fund. Revenues in this fund are from service charges from other departments, investment income, and insurance retrospective rating adjustments. Expenditures are for insurance premiums, self-insurance direct claims, and administration. • The Insurance Services Fund will maintain an unrestricted and undesignated balance of $400,000 as recommended in the June 1993 Risk Financing Study. This balance will be increased annually by the Consumer Price Index (CPI) to account for inflation. This is the minimum needed to maintain the City's insurance programs and provide for uninsured exposures. • No portion of the Insurance Services Fund balance is legally restricted for specific uses. The City will budget a contingency appropriation to provide for unanticipated non-recurring expenditures or shortfalls in projected revenues. The minimum contingency will be maintained at not less than 3 percent of annual operating expenditures. Equipment Fund. This fund is used to account for the maintenance and replacement of the City fleet of vehicles and specified equipment. Revenues are from equipment rental charges. Expenditures are for personnel, materials and services, and capital outlay. This fund is divided into two functions: equipment maintenance and equipment replacement. The purpose of the equipment replacement function is to accumulate adequate funds to replace equipment. This replacement schedule is updated annually. • No minimum fund balance is recommended beyond the amount calculated to sufficiently fund equipment replacement. , • No portion of the Equipment fund balance is legally restricted for specific uses. The City has a policy of renting equipment at rates that include the replacement cost of the specific piece of equipment. • The City will budget a contingency appropriation to provide for unanticipated non-recurring expenditures or shortfalls in projected revenues. The minimum contingency will be maintained at not less than 3 percent of annual rwveixres-~eraline expendinves. (Correction to be consistent with policy on contingencies.) Trust and Agency Funds Trust and agency funds account for assets held by a governmental unit in a trustee capacity or as an agent for individuals, private organizations, or governmental units, and/or other funds. These include (a) expendable trust funds, (b) non-expendable trust funds, (c) pension trust funds, and (d) agency funds. Cemetery Trust Fund The Cemetery Trust Fund is a non-expendable trust fund that uses the accrual basis of accounting. Revenues are from interest income and perpetual care service charges on cemetery operations. Expenditures are for the repurchase of plots and transfers of earnings to the cemetery fund for operations. • No minimum fund balance policy is recommended. Discrete Components Unit Parks Parks and Recreation Fund. (Parks General Fund) Revenues are from preperly-!ewes, charges for services, and miscellaneous sources. Expenditures are for parks, recreational, and golf course operations. • The On, will budeel a continzenev aivropriation to Provide for unanticipated non-recurring expenditures or shortfalls in Projected revenues. The minhmon contineencv ivill be maintained at not less than 3 Percent of annual operatine expenditures. (Correction to be consistent with policy on contingencies.) • A fiend balance Policy is not needed since this fund works on a reimbursement basis. (Added to be consistent with new process.) Parks Capital Improvements Fund. (Capital Projects Fund) This fund is used to account for resources from grants, payments for services, and inter-fund transfers that are to be expended for equipment purchases and major park renovations. The purpose is to accumulate funds prior to a large construction project; therefore, there is no minimum fund balance. (Added to be consistent with new process.) Revenues • The City will estimate its annual revenues by an objective, analytical process. Because most revenues are sensitive to conditions outside the City's control, estimates will be conservative. • The City will make every effort to maintain a diversified and stable revenue base to protect its operation from short-term fluctuations in any one revenue source. em-meo-k isevenueAi- ~peeffiepiope5es h? Me General Fiend. Willi the exception of leeally restricted Portions ofthe Mud balance. Council action eauivalent to that taken to commit or assien fiend balance can be done to unassien it. • The City will establish charges for enterprise funds that fully support the total cost of the enterprise. Utility rates will be reviewed annually. Rates will be adjusted as needed to account for major changes in consumption and cost increases. • The City will charge user fees to the direct beneficiaries of City services to recover some or all of the full cost of providing that service. All user fees will be reviewed biannually to insure that direct and overhead costs are recovered in the percentage approved by City Council. • To the extent practicable, new development shall pay necessary fees to meet all identified costs associated with that development. • The City will work aggressively to collect all delinquent accounts receivable. When necessary, collection procedures will include termination of service, submission to collection agencies, foreclosure, and other available legal remedies. Expenditures • The City will provide employee compensation that is competitive with comparable public jurisdictions within the relative recruitment area. • Estimated wage increases and changes in employee benefits will be included in the proposed budget under Personnel Services. • The City is committed to maintaining and improving the productivity of its staff by providing a proper working environment, adequate equipment and supplies, and appropriate training and supervision. • A Social Service appropriation will be included in the proposed General Fund Budget. This appropriation will increase or decrease relative to the overall General Fund revenues. • An Economic, Cultural Development, Tourism and Sustainabilily appropriation will be included in the proposed General Fund Budget. This appropriation will increase or decrease relative to the overall Transient Occupancy Tax Revenues. Purchasing • The City will purchase materials, supplies, and equipment through a competitive process that provides the best product for the least cost. Capital • The City will provide for adequate maintenance of equipment and capital assets. The City will make regular contributions to the Equipment Replacement Fund and the City Facilities budget to ensure that monies will be available as needed to replace City vehicles and facilities. • Future operating costs associated with new capital improvements will be projected and included in the long-term budget forecast. • The City will determine and use the most appropriate method for financing all new capital projects. • Special accounts dedicated for capital improvements will be segregated in the accounting system and used only for the intended capital purposes. • The Capital Improvement Plan will encourage a level capital replacement schedule. Debts • The City will not use long-term borrowing to finance current operations. • Capital projects, financed through bond proceeds, will be financed for a period not to exceed the useful life of the project. it • Whenever possible, enterprise debt will be self supporting. Regardless of the type of debt issued, the City will establish a one-year reserve for all self-supporting debt. • The City will seek to maintain and improve its bond rating to minimize borrowing costs and to ensure its access to credit markets. • The City will keep the final maturity of general obligation bonds at or below 20 years, with the exception of water supply and land acquisition that will be limited to 30 years. • The City will maintain good communications with bond rating agencies about its financial condition. Risk Management • The City will provide an active risk management program that reduces human suffering and protects City assets through loss prevention, insurance, and self-insurance. Accounting Methods General Fund This fund accounts for all financial resources except those accounted for in another fund. Resources include working capital carryover, taxes, licenses and permits, intergovernmental revenue, fines and forfeitures, charges for services, miscellaneous revenues, and inter-fund transfers. Expenditures are for Social Services, Economic and Cultural Development, Police Department, Municipal Court Division, Communications, Fire and Rescue Department, Community Development, Planning Division, and the Building Division, Cemetery and other administrative oroarams as needed. This fund uses the modified accrual method of accounting. (To identify other programs funded here.) Special Revenue Funds Special Revenue Funds account for the proceeds of specific revenue sources that are legally restricted to expenditures for specified purposes. Special revenue funds account for transactions on the modified accrual method of accounting. Reserve Fund. This fund is used to set aside fund to protect services and to stabilize the budget, and to meet any costs that may arise in the future from unexpected events. As established by Resolution 2010-18. Community Development Block Grant Fund. This fund was created in 1994-95. The fund accounts for the Block Grant and related expenditures. Street Fund. Revenues are from the state road tax, franchise fees, charges for services and miscellaneous sources. Expenditures are for the maintenance, repair, and surfacing of streets, as well as maintenance and construction of the storm water runoff infrastructure. Airport Fund. Revenues are from airport leases. Expenditures are for maintenance of airport facilities. Capital Projects Fund Capital improvement funds are established to account for financial resources that are used for the acquisition or construction of major capital facilities (other than those financed by enterprise funds, internal service funds, special assessment funds, and trust funds). Capital projects funds use the modified accrual method of accounting. Capital Improvements Fund. This fund accounts for revenues from grants, nonbonded assessment payments, bond proceeds, and other sources, and will account for the construction of special local improvements, usually streets, with revenues from short-term borrowing and non bonded assessments. Expenditures are for construction, property and equipment acquisition and maintenance, improvements and related purposes, and the repayment of short-term debt principal and interest incurred in financing improvements. Debt Service Fund The Debt Service Fund accounts for the accumulation of resources to be used for payment of the debt incurred for the acquisition or construction of major, capital facilities (other than those financed by proprietary funds, and trust funds). Expenditures and revenues are accounted for on the modified accrual method of accounting. Bancroft Bonds revenues are from Bancroft (Local Improvement District) bonded assessments. These are expended for the retirement of local improvement district bonded debt principal and interest until such debts have been fulfilled. General Bonds revenues are from property taxes that are expended for the retirement of general obligation debt principal and interest. Notes, Contracts, and Liens revenues derived from operating transfers from other funds are used to repay long- term contracts that are not bonded. Enterprise Funds Enterprise funds account for the following operations: (1) those that are financed and operated in a manner similar to private business enterprise, where the intent of the governing body is that the costs (expenses, including depreciation) of providing goods and services to the general public on a continuing basis be financed or recovered primarily through user charges; or (1) (2) those where the governing body has decided that periodic determination of revenues earned, expenses incurred, and/or net income is appropriated for capital maintenance, public policy, management control, accountability, or other purposes. Enterprise funds use full accrual basis of accounting for financial statement presentations. However, the enterprise activities use a modified accrual basis of accounting for budgetary purposes. This assures budgetary compliance with such expenditures as capital construction and acquisition, as well as debt principal transactions. Water Fund. This fund accounts for water operations. Revenues are from sales of water, other charges for services, as well as property taxes dedicated to the retirement of general obligation bonds. Expenditures are for operations, conservation programs, capital construction, and retirement of debt. Wastewater Fund. This fund accounts for wastewater treatment and collection. Revenues are from charges for services. Expenditures are for operations, capital construction, and retirement of debt. Electric Fund. This fund accounts for the distribution of purchased electricity according to standards set forth by the Federal Energy Regulatory Commission. Revenues are from sale of electricity and other charges for services and intergovernmental grants. Expenditures are for related operations. Utility operations include wholesale power purchases, operating expenses, energy conservation incentives, capital outlay, retirement of debt, and franchise tax. Telecommunications Fund. This fund accounts for telecommunications operations. Revenues are from cable TV, Internet connections, and high-speed data. Expenses are for operations maintenance, capital construction, and debt service. Internal Service Funds Internal service funds account for the financing of goods or services provided by one department or agency to other departments or agencies of the governmental unit, or to other governmental units, on a cost reimbursement basis. Internal service funds use full accrual accounting methods for financial statement presentations. However, the internal service funds use a modified accrual basis of accounting for budgetary purposes. This assures budgetary compliance with such expenditures as capital construction and acquisition as well as debt principal transactions. Central Services. This fund is divided into the following Divisions: Elected Officials, Administration, Administrative Services, Legal, Customer Services, Accounting. Purchasing, Public Works Administration, Engineering, Maintenance, Computer Services, and the City Recorder. These Divisions fall under the umbrellas of the Administration, Finance, Public Works, and the Electric Departments. These functions are supported by charges for services by all direct service divisions and departments. Insurance Services Fund. Revenues in this fund are from service charges from other departments, investment income, and insurance retrospective rating adjustments. Expenditures are for insurance premiums, self-insurance direct claims, and administration. Equipment Fund. This fund is used to account for the replacement and maintenance of the city's fleet of vehicles. Revenues are from equipment rental charges. Expenditures are for personal services, materials and services, and capital outlay. Trust and Agency Funds Trust and agency funds account for assets held by a governmental unit in a trustee capacity or as an agent for individuals, private organizations, or governmental units, and/or other funds. These include (a) expendable trust funds, (b) non-expendable trust funds, (c) pension trust funds, and (d) agency funds. Cemetery Trust Fund. The Cemetery Trust Fund is a non-expendable trust fund that uses the accrual basis of accounting. Revenues are from interest income and perpetual care service charges on cemetery operations. Expenditures are for the repurchase of plots and transfers of earnings to the general fund for operations. Discrete Component Unit Parks Parks and Recreation Fund. (Parks General Fund) Revenues are from the parks and recreation portion of the property tax levy, charges for services, and miscellaneous sources. Expenditures are for parks and recreational purposes as well as department operations. Ashland Youth Activities Serial Levy Fund. (Special Revenue Fund) Revenues are from a three-year Ashland Youth Activities local option property tax levy. Expenditures are for community and youth activities and recreation. This fund closed to the Parks and Recreation fund as of July 1. 2013. Parks Capital Improvements Fund. (Capital Projects Fund) This fund is used to account for resources from grants and inter-fund transfers that are to be expended for equipment purchases and major park renovations. These funds use the modified accrual method of accounting. (To clarify accounting methodology used for all Parks funds.) RESOLUTION NO. ,1011 17 A RESOLUTION IMPLEMENTING GOVERNMENTAL ACCOUNTING STANDARDS BOARD STATEMENT 54 - Fund Balance Reporting and Governmental Fund Type Definitions THE CITY OF ASHLAND RESOLVES AS FOLLOWS: The City of Ashland prepares financial reports in keeping with generally acceptable accounting principles (GAAP) as established by national and state guidelines. The Governmental Accounting Standards Board (GASB) is the primary organization that provides financial reporting requirements through their statements on accounting standards. GASB has issued statement 54 that standardizes presentations of fund balances in governmental fund types to promote consistency and comparability between entities. City of Ashland must adopt and implement GASBS 54 to be compliant with GAAP reporting for the FY 2011 in the comprehensive annual financial report. SECTION I. Council adopts the guidelines provided in GASBS 54 for accounting and reporting of govemmental type funds effective with the fiscal year ending June 30, 2011. SECTION 2. The existing funds and elements of fund balance that are thought to be subject to changes by this implementation include, but are not limited to: Agency Funds Component Category Comment City of Ashland General Asset Forfeiture Restricted Federal Money TOT Tourism (W) Restricted State Restriction TOT (517) Committed Council Resolution .Parking Surcharge Committed Council Resolution Public Art Committed Council Resolution Fiscal Stability Study Committed Adoption of Budget Affordable Housing Committed Council Resolution Remaining Balance Unassigned Treated Like General Fund Reserve General balance Unassigned until a policy is adopted CDBG General balance Restricted Federal Money Street Gas Tax Restricted State Restriction SDC's Restricted State Restriction Remaining Balance Committed Page 1 of 2 Agency Funds Component Category Comment City of Ashland Airport General balance Committed Capital Improvement System Development Charges Restricted State Restriction Food and Beverage Committed Voter Approval Remaining Balance Committed Debt Service General balance Restricted Debt service commitment Cemetery Trust General balance Restricted Perpetual care Parks & Recreation General Fund General balance Unassigned Youth Activity Fund General balance Restricted Voter Approval Capital Fund General balance Committed' SECTION 3. New funds and new revenues identified after approval of this resolution shall be evaluated for consistency with GASBS 54 and will be accounted for and reported accordingly. SECTION 4. Copies of this resolution shall be maintained in the Office of the City Recorder and shall be available for public inspection during regular business hours. SECTION 5. This resolution takes effect upon signing by the Mayor. This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 duly PA ED and ADOPTED this 7 ay of June, 2011. Barbara Christensen, City Recorder SIGNED and APPROVED this 4p, day of~1 2011. A!R-- 4r~!~ kfin Stromberg, Mayor li ed as to form: w ol4c avid Lo an, City Attorney Page 2 of 2 RESOLUTION NO. CA D-0 A RESOLUTION ESTABLISHING TARGET ENDING FUND BALANCES THE CITY OF ASHLAND RESOLVES AS FOLLOWS: The City of Ashland currently has Ending Fund Balance (EFB) targets established in the accepted Financial Management Policies incorporated within the budget document. These EFB targets are a primary tool in assuring financial viability to the City and aids in flexibility. When percentages are provided they represent a calculation on annual operating revenue and the dollar figure is an estimated amount. When no percentage is given, only a dollar figure, the amount shown is the minimum target. No target is established for a fund when no amount or percentage is given. SECTION 1. Council adopts the following targets in either a percentage or dollar format as provided below. SECTION 2. The percentages or dollars presented will be adjusted annually in the budget process. City of Ashland Fund Balance Worksheet FY 2011 Proposed and EFB Target % General $ 1,722,000 12% CDBG - N/A Reserve - N/A Street 450,000 15% Airport 10,000 10% CIP 500,000 N/A Debt - restricted 2,400,000 N/A Water 900,000 20% Wastewater 750,000 15% Electric 1,488,950 12% Telecommunications 372,000 20% Central Services 174,000 3% Insurance Services 1,000,000 NIA Equipment 1,600,000 NIA Cemetery Trust N/A Subtotal $11,366,950 Parks & Recreation $ 1,230,000 25% CIP - WA YAL WA Subtotal $ 1,230,000 TOTAL $12,596,950 Page 1 of 2 SECTION 3. Annual Operating Contingencies will be calculated on operating appropriations in the 3% to 5% range as recommended by staff and approved by the Citizen Budget Committee SECTION 4. Copies of this resolution shall be maintained in the Office of the City Recorder and shall be available for public inspection during regular business hours. SECTION 5. This resolution was duly PASSED and ADOPTED this day of February, 10. Barbara Christensen, City Recorder SIGNED and APPROVED this day of `P '2010. atL An4i~l ' - n Stromberg, Mayor 14 ' e d s to f rm~ ReAwl( M Richar Appicello, Ci ttorney Page 2 of 2 CITY OF ASHLAND Council Communication June 4, 2013, Business Meeting Second reading of an ordinance granting a timetable extension to the Verde Village Subdivision Development Agreement FROM: Derek Severson, Associate Planner, Community Development, derek.seversongashland.or.us SUMMARY The ordinance being presented to the City Council for second reading would extend the timetable for the Verde Village Subdivision's Development Agreement to the maximum 15-year duration allowed under the Oregon Revised Statutes (ORS) 94.504.8.a. BACKGROUND AND POLICY IMPLICATIONS: The City Council held a public hearing on May 21, 2013 and passed first reading of the ordinance based upon favorable recommendations from the Planning Commission and staff. The Verde Village Subdivision was approved by the City Council in 2007, and involved 68 units in a mix of energy-efficient units types on an 11.64 acre site at the former location of the Ashland Flower Shop and Greenhouses at 87 West Nevada and 811 Helman Streets. Subsequent to the 2007 approval, the applicants dedicated property to develop 15 affordable units as part of the first phase of Verde Village to satisfy the affordability requirements of annexing the property. Utilities and infrastructure were completed to serve these units, which are now occupied as "Rice Park at Verde Village." The applicants obtained Site Review approval for the remainder of the first phase, the multi-family cottage housing portion of the subdivision, in 2009. Prior to commencement of the remainder of the first phase of development, the national economy suffered a major downturn which made it difficult to obtain financing. The applicants have since received two 12-month administrative extensions, one as provided in the original Development Agreement and a second through the Recession Extension Ordinance approved in 2010. With these amendments, the timetable for development now in place includes a number of development deadlines for July 17, 2013, which is fast approaching. Wilma LLC, the applicant for the Verde Village subdivision, has submitted a request that the City Council extend all dates in the Development Agreement, noting that, "the nation is in the largest recession it has ever seen. The housing and financial markets have been hit extremely hard by the recession.- There are signs that the recession may be lifting, but experts are saying it will be a very slow proeess. We do not want to lose this great project and we do not think the City of Ashland wants to lose it either. " The applicant has requested the timetable be extended to the maximum 15 years allowed by ORS 94.504. In considering the request at their April 9m meeting, the Planning Commission unanimously recommended that the Council approve an extension. However, they did recommend that any extension not simply be a blanket extension of all items to a single, final Page I of 2 ~r, CITY OF ASHLAND completion date, but rather that there be an appropriate seven-year adjustment to all project deadlines to ensure continual progress toward completion within the maximum timeframe allowed by ORS. FISCAL IMPLICATIONS: N/A. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that Council approve second reading of the ordinance. SUGGESTED MOTION: Move to approve second reading and adopt the ordinance titled, "An Ordinance Granting a Timetable Extension to the Verde Village Subdivision Development Agreement," and authorize the Mayor to sign the amendment to the timetable agreement. ATTACHMENTS: 1. Proposed Ordinance 2. Exhibit A. Ordinance Attachment: Third Amendment to Timetable Agreement with Revised Timetable Page 2 of 2 Mr, ORDINANCE NO. AN ORDINANCE GRANTING A TIMETABLE EXTENSION TO THE VERDE VILLAGE SUBDIVISION DEVELOPMENT AGREEMENT Annotated to show ae'~oasand additions to the code sections being modified. Deletions are bold lined through and additions are bold underlined. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the Citv The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the above referenced grant of power has been interpreted as affording all legislative powers home rule constitutional provisions reserved to Oregon Cities. City of Beaverton v. International Ass'n of Firefighters, Local 1660, Beaverton Shop 20 Or. App. 293; 531 P 2d 730, 734 (1975); and WHEREAS, the Verde Village Subdivision proposed in 2006 involved the development of 11.64 acres on the site of the old Ashland Greenhouses and included: an Annexation, Comprehensive Plan and Zoning Map changes from Jackson County Rural Residential (RR-5) to City of Ashland Single-Family Residential (R-1) and Suburban Residential (R-1-3.5); Outline Plan approval to develop the property as a 68-unit residential development; Site Review approval for a multi-family development; a Physical and Environmental Constraints Review Permit to locate a multi-use path in the Ashland Creek Riparian Preservation Area; a Tree Removal Permit; Exceptions to the Street Standards to install a curbside sidewalk on one side of a proposed street, to not locate a street adjacent to natural features and to not connect two of the proposed streets; Variances to reduce the on-street parking requirement from 78 to 38 spaces, to reduce the rear yard setback requirement for six of the townhomes in the northwestern corner of the site from 20 feet to 12, 14 and 16 feet, and to reduce the required distance between buildings for the 27 cottages in the southwestern corner of the site; an Administrative Variance to the Site Design and Use Standards to have the primary orientation of the buildings to the south, rather than to the street, in order to maximize the use of solar energy; a land exchange with the City of Ashland dedicating 2.57 acres adjacent to Ashland Creek to the city for parks purposes in exchange for approximately 1.30 acres of the Dog Park in the area of the access and to the south of the existing parking area; and a Development Agreement with the City of Ashland which governed the development of the subdivision, and included a detailed timetable for completion of the project. Ordinance No. _ Page 1 of 3 WHEREAS, on December 18, 2007 the Ashland City Council approved and adopted Ordinance No. 2945 after consideration of the staff report, the recommendation of the Planning Commission, and the comments and evidence presented during the public hearings on the Verde Village Development Agreement between the City of Ashland, Oregon and Ashland Flower Shop and Greenhouses, Inc., and found and determined that the Verde Village Development Agreement was in the best interest of the public health, safety and welfare of the City of Ashland; met a public need and provided a public benefit; and was consistent with all applicable City of Ashland laws and ordinances; and WHEREAS, on January 5, 2009 the subject properties were sold by Ashland Flower Shop and Greenhouses, Inc. to WILMA LLC, the company owned by the original applicants, Greg and Valri Williams, to carry out the development of the properties. WHEREAS, on July 17, 2009 the Planning Director approved and executed the First Amendment to the Verde Village Development Agreement, approving a 12 month administrative timetable extension as contemplated in Exhibit F of the original Development Agreement; and WHEREAS, on March 2, 2010, the Ashland City Council adopted Ordinance No. 3007, the Recession Extension Ordinance, which ordinance created a ministerial process for the Planning Director to grant current planning actions a 12 month timetable extension in recognition of the difficult financial market; and WHEREAS, on April 9, 2010 WILMA LLC requested an extension for the entire project in accordance with the Recession Extension Ordinance; and WHEREAS, on June 6, 2010 the requested Amendment to the Development Agreement to extend the timetable was approved administratively by the Director in accordance with the Recession Extension Ordinance; and WHEREAS, on April 2, 2013 WILMA LLC requested an extension of the timetable for the entire project in response to the impacts of the national recession in accordance with the allowances of the original Development Agreement and the Oregon Revised Statutes; and WHEREAS, on April 9, 2013 the City of Ashland Planning Commission considered the above- referenced request for a timetable extension to the Verde Village Subdivision Development Agreement and recommended that the City Council approve the request and grant a seven-year extension of all dates contained within the timetable to provide the maximum 15-year duration for the development agreement allowed under the Oregon Revised Statutes; and WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing on the above-referenced request for a timetable extension on May 21, 2013; and WHEREAS, the City Council of the City of Ashland, following the close of the public hearing and record, deliberated and conducted first and second readings approving adoption of the Ordinance in accordance with Article 10 of the Ashland City Charter; and Ordinance No. Page 2 of 3 WHEREAS, the City Council of the City of Ashland has found and determined that the requested extension of the timetable for the Verde Village Subdivision's Development Agreement is in the best interest of the public health, safety and welfare of the City of Ashland; meets a public need and provides a public benefit; and is consistent with all applicable City of Ashland laws and ordinances. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The above recitations are true and correct and are incorporated herein by this reference. SECTION 2. The City of Ashland declares the approval and adoption of the requested extension to the Timetable of Development as a revised Exhibit F to the original Verde Village Development Agreement, said Timetable of Development being attached to this Ordinance as Attachment 1 and made a part hereof by this reference. SECTION 3. The adoption of this Ordinance declaring approval of a timetable extension for the Verde Village Subdivision Development Agreement is fully supported by evidence contained in the whole record, which is incorporated herein by this reference. SECTION 4. The Ordinance shall be effective after execution of the Third Amendment to Verde Village Development Agreement to Reflect Council-Approved Timetable Extension in Attachment 1 by both the City and WILMA LLC, but not earlier than thirty (30) days after the second reading of this Ordinance and signature by the Mayor. SECTION 5. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the:day of 2013, and duly PASSED and ADOPTED this day of 2013. Barbara M. Christensen, City Recorder SIGNED and APPROVED this day of 12013. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Ordinance No. _ Page 3 of 3 Attachment 1 THIRD AMENDMENT TO VERDE VILLAGE DEVELOPMENT AGREEMENT TO REFLECT COUNCIL-APPROVED TIMETABLE EXTENSION THIS THIRD AMENDMENT is made and entered into this day of 2013, by and between the City of Ashland, a municipal corporation of the State of Oregon, (hereinafter referred to as "City"), and WILMA, LLC, an Oregon Limited Liability Company, (hereinafter referred to as "WILMA"). Whereas, on December 18, 2007, the City of Ashland approved Ordinance 2945 granting approval to the Verde Village Development Agreement, a land use decision; and Whereas, on July 17, 2009 Planning Director Bill Molnar approved and executed the First Amendment to the Verde Village Development Agreement, approving a 12 month administrative timetable extension as contemplated in Exhibit F of the original Development Agreement; and Whereas, on March 2, 2010, the Ashland City Council adopted Ordinance No. 3007, the Recession Extension Ordinance, which ordinance created a ministerial process for the Planning Director to grant current planning actions a 12 month timetable extension in recognition of the difficult financial market. Whereas, on April 9, 2010, WILMA LLC requested an extension for the entire project in accordance with the Recession Extension ordinance. Whereas, on June 6, 2010, the requested Amendment to the Development Agreement to extend the timetable was approved administratively by the Director in accordance with the Recession Extension Ordinance; Whereas, on April 2, 2013, WILMA LLC requested an extension for the entire project in accordance with the allowances of the original development agreement and the Oregon Revised Statutes. Whereas, on June 4, 2013, the Ashland City Council adopted Ordinance No. # which amended the timetable for the entire project. NOW THEREFORE, the Verde Village Development Agreement is hereby amended as follows: 1. The above recitations are true and correct` and are incorporated herein by this reference; and 2. Exhibit F, Timetable of Development, is hereby amended to reflect a seven (7) year extension of time for all eligible timetables, said extension being reflected in a Revised Exhibit F, attached hereto and made a part hereof by this reference. Page 1 of 6 Attachment 1 3. All other provision of the Verde Village Development Agreement, not inconsistent with the above changes remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed these presents on the dates indicated below. The date of this Amendment shall be the date on which this Agreement was executed by all parties. WILMA LLC CITY OF ASHLAND By: By: Gregory D. Williams, Managing Member John Stromberg, Mayor Date: Date: Approved as to Form: Approved as to Form: John Blackhurst, David Lohman, Attorney for OWNER/DEVELOPER City Attorney STATE OF OREGON ) County of Jackson ) The foregoing instrument was acknowledged before me this day of 2013, by Gregory D. Williams, as Managing Member and authorized agent of Wilma, LLC. Notary Public for Oregon My Commission Expires: STATE OF OREGON ) County of Jackson ) The foregoing instrument was acknowledged before me this day of 2013, by John Stromberg, as Mayor and authorized agent for the City of Ashland pursuant to Ordinance # Notary Public for Oregon My Commission Expires: Page 2 of 6 Attachment 1 REVISED EXHIBIT F TIMETABLE OF DEVELOPMENT - OUTLINE PLAN PHYSICAL COMMENCEMENT AND COMPLETION [ORS 94.504(4)] This development will be constructed in phases as shown on Exhibit D to this Agreement. Each phase to be constructed, and the date which Final Plan and Site Review and final plat approval of each phase must be obtained, are as follows: Physical commencement of construction of any phase of development shall occur on or before January 17, 2010. j jfPhysical Commencement of Rice Park affordable housing project, a portion of Phase 1, commenced on June 1, 2009. Completion of all infrastructure and vertical construction, except for single family units on individual platted lots, [4 total exempt from vertical construction deadline] shall occur no later than January 17, 2023. Phase Final Plan and Site Infrastructure Final Plat and Completion Review Approval Completion of Vertical Construction I July 17, 2009* July 17, 2020 January 17, 2022 *[Final Plan Approval was obtained on 01-06-09 for Rice Park, a portion of Phase 1] *[Final Plan Approval was obtained on 01-25-09 for the remainder of Phase 1] July 25, 2018$ Final Civil Plan Approval (construction authorization) and any associated construction permits must be obtained and Contract for Installation and Maintenance of Plant Materials with Security submitted and executed, and construction commenced with respect to Phase I elements no later than specified. $[Final Civil Plan Approval (construction authorization] for Rice Park a portion of Phase 1, was obtained on May 5, 2009.] July 17, 2020. Complete extension of Almeda to Nevada Street, completion of construction of "Canine Way" access to Dog Park, including installation of water, sanitary sewer, storm drainage power, gas, telephone and all utilities. July 17, 2020. Complete sidewalk on the north side of Nevada Street from the eastern project boundary to the intersection of Nevada and Oak Street. Page 3 of 6 Attachment 1 July 17, 2020. Complete Restoration and Enhancement of Riparian Corridor and Wetland Areas pursuant to Contract for Installation of Plant Materials, Security and Preserve Area Management Plan. July 17, 2020. Complete construction of multi-use path and transfer deed to City of Ashland to effectuate land exchange and acceptance of tendered public recreation improvements. July 17, 2020. Complete construction of subdivision infrastructure to the affordable housing site and complete extension of all needed public facilities to the affordable housing site. (to service 15 townhome units). July 17, 2020. Complete construction of "subdivision" Infrastructure for Phase I (R-1-3.5 portion) of the project inclusive infrastructure for one (1) single family lot, and infrastructure for twenty- four (24) cottage units July 17, 2020. Phase I. Deadline for final survey to be signed after completion of subdivision infrastructure and before start of vertical construction. July 17, 201 Ltt Deadline to transfer property title to Affordable Housing Tract to Rogue Valley Community Development Corporation (RVCDC) or other approved non-profit affordable housing developer. Transfer shall occur prior to vertical construction on any Phase of the project. f f The Affordable Housing Tract was transferred to RVCDC on December 09, 2008, upon approval of the early conveyance by the City Council on October 07, 2009. January 17, 2022. Vertical construction deadline for twenty-four (24) cottage units & vertical construction deadline for fifteen (15) multi-family units for affordable housing (town-homes). Page 4 of 6 Attachment 1 Phase Final Plan and Site Infrastructure Final Plat and Completion Review Approval Completion of Vertical Construction II July 17, 2020 July 17, 2022 January 17, 2023 January 17, 2022.$$ Final Civil Plan Approval (construction authorization) and any associated construction permits must be obtained and Contract for Installation and Maintenance of Plant Materials with Security submitted and executed, and construction commenced with respect to Phase II elements within 18 months of Final Plan Approval, no later than specified. July 17, 2022. Complete construction of "subdivision" Infrastructure for Phase II (R-1-5 portion) of the project inclusive infrastructure for three (3) single family lots on Nevada Street, and infrastructure for twenty-five (25) single family lots, including Sander Way parkrow. July 17, 2022. Phase 11. Deadline for final survey to be signed after completion of subdivision infrastructure and before start of vertical construction. January 17, 2023. Vertical construction deadline for twenty-five (25) single family homes of which 19 are detached and 6 are attached. July 17, 2022. Completion of Maintenance and Security Period for Restoration and Enhancement of Riparian Corridor and Wetland Areas pursuant to Contract for Installation of Plant Materials, Security and Preserve Area Management Plan from Phase I. Failure to strictly comply with this timetable of development requires an amendment to this Agreement and subjects the Owner to then current laws, including but not limited to engineering construction standards, contrary.to the ordinary protection of ORS 92.040. The title transfer, physical commencement and the 2023 completion deadline shall not be administratively extended. After the construction termination date, no further development as authorized herein (except for building permits for single family units on individual platted lots) shall be allowed on the subject property unless such development is in compliance with applicable development regulations in Page 5 of 6 Attachment 1 effect at the time. Any amendment to the extent of the Amendment shall comply with the laws in effect at the time the amendment is sought. Failure of the timetable of development to list an element of the Project does not relieve or excuse the Owner from the requirement to complete that element. r I Page 6 of 6