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Home My WebLink About2013-1105 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 comments to the Council on any item on the Agenda, unle'ss it is the subject of a public hearing and the record is closed. Time permitting, the Presiding officer may allow oral testimony. If you wish to speak, please fill out the Speaker Request form located new the entrance to the Council Chambers. The chair will recognize you and inform you as to the 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, die number of people who wish to speak, and the length of the agenda AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL November 5, 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.] 6:30 p.m. Executive Session (in the Jury Room) Executive Session held for real property transaction pursuant to ORS 190.660(2)(e) 7:00 p.m. Regular Meeting 1. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. MAYOR'S ANNOUNCEMENTS 1. Council approval of Mayor's appointments to the joint planning committee of the City Council and Parks Commission V. APPROVAL OF MINUTES 1. Executive Session of October 14, 2013 2. Study Session of October 14, 2013 2. Business Meeting of October 15, 2013 VI. SPECIAL PRESENTATIONS & AWARDS None VII. CONSENT AGENDA 1. Approval of commission minutes 2. Authorization.to award a contract to KOGAP Enterprises for water line and electric utility upgrades in the Calle Guanajuato Resurfacing project 3. Intergovernmental Agreement for the Oregon Federal and State Surplus .Property program COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9 VISIT THE CITY OF ASHLAND'S WEB SITE AT W WW.ASHLAND.OR.US 4. Downtown Parking Management and Multi-Modal Circulation Advisory Committee appointments 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}) None 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. Placing a lien on a property at 707 Helman Street as a result of unpaid assessments for weed abatement 2. Addendum clarifying Mt. Ashland Association Agreement with the City of Ashland 3. A Report on the Mt. Ashland Association's summer work plan and expansion- related activities 4. FY 2012-2013 Quarterly Financial Report for April - June, 2013 XII. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. Approval of a resolution titled, "A resolution approving a Jackson County Order to initiate formation of a Jackson County Library Special District and consenting to the inclusion of city territory within the boundaries of the district" XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS XIV. ADJOURNMENT In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I). COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9 VISIT THE CITY OF ASHLAND'S WEB SITE AT W W W.ASHLAND.OR.US CITY OF ASHLAND Council Communication November 5, 2013, Business Meeting Council approval of Mayor's appointments to the joint planning committee of the City Council and Parks Commission FROM: Dave Kanner, city administrator, dave.kanner@ashland.or.us SUMMARY At the joint City Council/Parks Commission meeting on October 29, there was consensus among all in attendance that each body would appoint representatives (two Councilors and two Parks Commissioners) to a joint planning committee that would be charged with developing agendas for future joint meetings between the Council and the Commission. Per AMC 2.04.090(B), the Mayor has the authority to appoint members to ad hoc committees and task forces, subject to the consent of the Council. BACKGROUND AND POLICY IMPLICATIONS: In March of this year, the City Council created an ad hoc Committee on Parks Funding and charged that committee with examining short- and long-term parks funding issues in greater depth and reporting recommendations developed by the committee to a joint meeting of the City Council and Parks Commission. Among the recommendations of the ad hoc committee is that the Council and Commission "Commit to renewed Council-Commission communication through joint meetings of both bodies, and/or via the establishment of a dedicated joint committee." At the joint meeting of the Council and Parks Commission on October 291h, there was consensus that each body would appoint two of its members to a committee that would meet regularly to continue the dialogue and information sharing begun by the ad hoc committee and plan the agendas for ongoing joint meetings between the Council and the Commission. FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: N/A SUGGESTED MOTION: I move to approve the Mayor's appointment of Councilor and Councilor to the joint planning committee of the City Council and the Parks Commission. ATTACHMENTS: None. Page I of 1 Minutes for the City Council Study Session October 14, 2013 Page I of 2 MINUTES FOR THE STUDY SESSION ASHLAND CITY COUNCIL Monday, October 14, 2013 Siskiyou Room, 51 Winburn Way Mayor Stromberg called the meeting to order at 6:20 p.m. in the Siskiyou Room. Councilor Lemhouse, Rosenthal, Voisin, Morris, Marsh, and Slattery were present. 1. Review of the Medford Water Commission, Talent, Ashland, and Phoenix Systems Development Charge Proposal Public Works Director Mike Faught explained the 1998 Water Master Plan projected a water shortage for peak demand by 2016. The solution was hooking into the City of Medford's water through a joint agreement that involved the City of Talent and the City of Phoenix called TAP (Talent Ashland Phoenix). The City paid $2,600,000 for its portion of the pipe construction from Medford to Talent. In 2008, Council delayed the project and went on to approve a new Water Master Plan to research other options. The group that worked on the Water Master Plan included the Ashland Water Advisory Committee (AWAC) who recommended constructing a 2.5 million gallon per day (mgd) water plant for peak. demand. The existing water plant was located in a gully subject to floods, slides, and fire. That course of action eliminated the need to build TAP for peak demand. However, from a redundant standpoint AWAC recommended hooking into TAP for emergencies only. Staff did not think System Development Charges (SDCs) applied to an emergency line and proceeded under that assumption. The Water Master Plan was adopted 2012. Mr. Faught and Senior Engineer Pieter Smeenk started meeting with the Medford Water Commission (MWC) regarding the TAP pipeline project that would start 2015. MWC explained they had already invested in their systems to provide future capacity for Ashland and required the City to pay SDCs whether it was an emergency or not. An MWC manager worked with staff to explore ways to solve the issue. One option would extend the emergency water contract with Talent to Phoenix that would provide 2 mgd surplus for Ashland to use for emergencies. Both cities were interested but Talent's contract with MWC prohibited them from sending water outside the Urban Growth Boundary (UGB). MWC would have to agree to change their contracts with Talent and Phoenix. The two other options would have the City pay SDCs for either 1.5 mgd or 3 mgd over 20-years at zero interest. MWC had the capacity to deliver 3 mgd with a larger SDC. Mr. Smeenk explained the SDC calculations were based on the equivalent dwelling unit that typically used 1,200 gallons per day. It was a onetime fee in advance for the right to purchase water. Mr. Faught addressed the MWC restriction of sending water outside of the UGB, doubted the MWC had anticipated emergency service beyond the UGB, and noted it was a common requirement in contracts. Staff consulted with Ray Bartlett from Economic and Financial Analysis on ways to finance the options. If Ashland paid SDCs, they were not limited to emergency use only and could use the water daily. The Water Master Plan indicated a supply demand issue by 2038 even with TID (Talent Irrigation District) water. The options to pay SDCs for 1.5 mgd or 3 mgd would solve that issue. Once the City signed the agreement with MWC, the water would be available. The other benefit to these two options was the City could reduce the size of the Crowson 11 reservoir since most of it was emergency water storage. Reducing Crowson II by 500,000 gallons created a $1,300,000 savings from the $6,700,000 total. Mr. Faught clarified the new treatment plant would replace the current plant. Upgrading the current water treatment plant would cost $8,000,000 and remain located in a vulnerable area. Upgrading was not as good as building a new plant. SDC payments were not included in the current budget since it was Minutes for the City Council Study Session October 14, 2013 Page 2 of 2 emergency based. Mr. Bartlett researched a potential rate increase and found sufficient funds for the SDCs based on a zero interest rate. Mr. Smeenk commented the pump for the TAP pipeline would handle 2.5 mgd. If the City paid the SDCs and never used the water, they would save the $1,300,000 from reducing Crowson If and spend $500,000. Mr. Faught added the City would be paying the $500,000 in advance to prepare for the 2038 water shortage. Staff would meet with the MWC October 16, 2013 to present options and wanted direction from Council on how to proceed with those negotiations. Mr. Faught explained the City owned the line from Talent to Ashland and would subsequently pay for maintenance and replacement. Ashland, Talent, and Phoenix owned the line from Medford to Talent and shared upgrade and replacement costs. Mr. Smeenk further explained it was cheaper to use water from the reservoir than pumping water from Medford. The City of Medford would charge .55 cents per 1,000 gallons and a .10-.15 cent pumping charge. Producing water at the Water Treatment Plant in Ashland was approximately .25-cents per 1,000 gallons and no pumping fees. However, building out Crowson It and not paying the SDCs was not cost efficient. The City could afford to pay extra during an emergency versus the ongoing cost of the reservoir. The City would only save $1,00042,000 dollars per emergency compared to saving the $1,300,000 by reducing reservoir capacity. The Crowson II reservoir would hold a specific amount for emergency supply. Rather than physically storing water in the reservoir, it could come through the Talent agreement eliminating the additional capacity and saving $1,300,000. Staff preferred paying the SDC for the 1.5 mgd, the variable was whether it was zero interest or not. If MWC applied interest, staff would review the cost effectiveness of paying the SDCs now or waiting. Mr. Smeenk explained the City had purchased water rights in Lost Creek and there were many water rights available. Currently, Ashland had a small reservoir and hooked up to TID to augment shortages. The City had the water right, and a priority date was established. If Council decided to pay the SDCs, the City would perfect the right. Once perfected, the City could not lose the water right. Council directed staff to explore SDC payment options for both 1.5 mgd and 3 mgd with MWC and bring that information to Council. 2. Look Ahead review City Administrator Dave Kanner reviewed items on the Look Ahead. 3. Discussion regarding the Job Council proposal Item moved to October 15, 2014 meeting. Meeting adjourned at 7:07 p.m. Respectfully submitted, Dana Smith Assistant to the City Recorder Regular City Council Meeting October 15, 2013 Page I of 8 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL October 15, 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, Lemhouse, Slattery, Rosenthal, and Marsh were present. Councilor Slattery/Rosenthal m/s to place a Study Session item for the Job Council Presentation on the agenda as XH(b). Voice Vote: all AYES. Motion passed. MAYOR'S ANNOUNCEMENTS Mayor Stromberg announced the City was accepting applications for the new Housing and Human Services Commission along with vacancies on the Tree, Transportation, Public Arts, and Firewise Commissions, and the Band Board. APPROVAL OF MINUTES The minutes of the Study Session of September 30, 2013 and Business Meeting of October 1, 2013 were approved with an amendment to the October 1, 2013 meeting under the Consent Agenda regarding the discussion on the contract amendment for Southern Oregon Transportation Engineering. The last sentence should reflect Councilor Lemhouse instead of Councilor Rosenthal. SPECIAL PRESENTATIONS & AWARDS Division Chief Forest Resource Chris Chambers introduced Forest Lands Commissioner Frank Betlejewski who gave a presentation on current and upcoming Forest Lands Commission projects that included Restoration III, and the Ashland Forest Plan Revision. CONSENT AGENDA 1. Approval of commission minutes 2. Approval of a liquor license application for Jordan Mackay dba Oberon's Three-Penny Tavern 3. Approval of a special procurement for AFR Project wildfire fuels reduction Councilor Slattery/Voisin m/s to approve Consent Agenda items. Voice Vote: all AYES. Motion passed. PUBLIC HEARINGS 1. Public Hearing and adoption of a resolution titled, "A resolution levying special benefit assessments in the amount of $11,235.82 for the Schofield and Monte Vista Streets Local Improvement District for improvements to Liberty Street consisting of grading, paving, and construction of sidewalks, curb, drainage improvements, and other associated improvements", and adoption of findings. Engineering Services Manager Scott Fleury noted minor corrections to the proposed Resolution and explained this was the last Local Improvement District (LID) under the Resolution 1999-09 method of calculation and "cap." Resolution 1999-09 set a maximum cap limit on the assessment per unit for LID development based on a set number and an inflationary percentage for the years following regardless of the total cost. The City picked up the difference. Resolution 2009-04 repealed 1999-09 and did not have a maximum cap. Regular City Council Meeting October 15, 2013 Page 2 of 8 Public Hearing Open: 7:17 p.m. Public Hearing Closed: 7:17 p.m. Councilor Voisin/Rosenthal m/s to approve Resolution #2013-35. Voice Vote: all AYES. Motion passed. Councilor Voisin/Morris m/s to adopt the associated Findings. DISCUSSION: Councilor Marsh noted minor corrections to the Findings similar to the Resolution. Voice Vote: all AYES. Motion passed. 2. Public Hearing and adoption of a resolution titled, "A resolution revising rates for electric service pursuant to Ashland Municipal Code Section 14.16.030 and repealing Resolution 2012- 34" Electric/IT Director Mark Holden explained the 5.3% proposed rate increase was a result of the Bonneville Power Administration (BPA) rate increase as well as internal requirements. Staff requested changing the effective date from November 1, 2013 to December 1, 2013. BPA announced a 6.3% rate increase in power costs and a 9.3% rise in transmission rates to the City effective October 1, 2013. Fixed costs were due to the BPA power costs, transmission costs, and the increase in operations for a total of $647,000. The 5.3% rate increase would generate $640,000 increased revenue. Staff based the projections for how much power Ashland would consume on history and BPA based theirs on weather patterns. What the City paid was variable while the rate was not. Proposed rate adjustments included another 5.3% increase for 2014. Not raising rates would allow the City to move forward on planned projects to the detriment of the Ending Fund Balance that had steadily decreased over the last 3-4 years. Even with the increase, the Electric Department would run below the Fund Balance policy rates. Staff based projected rate increases for 2015-2017 on the Cost of Service Study. The rates for 2015 might be 4%. The average customer would incur a $3.63 monthly increase and would pay less than Pacific Power customers in the area would by approximately $10. Pacific Power would have a 4.8% rate increase for 2014. Council expressed concern raising the User Tax and wanted to establish a possible cap. City Administrator Dave Kanner explained a cap was an option, the General Fund budget assumed an increase in User Fee revenues commensurate with the increase in the electric rate. If Council decided to cap the User Tax, he recommended capping it in the second year of the biennium instead of the first. Council noted the increase was not a pass through, the City was increasing taxes along the way, and the overall 24% over the next 4 years would become meaningful. Council suggested a Study Session on the User Tax to understand how it came about and how Council could adjust it. Administrative Services Director Lee Tuneberg clarified the Users Tax did not include Franchise Fees. The Franchise Fee went into the General Fund, was calculated on the total bill, and included in the rates. The Electric Users Tax of 25%, Franchise Fee of 10% went into the General Fund. The 10% Franchise Fee was a total calculation on the revenues the Electric Fund received. Staff calculated the, User Tax separately. It showed on the electric bill and went to the General Fund. BPA Power and Transmissions came to about 2.53% and with internal increases was 2.78%. Mr. Holden added the fixed costs were BPA Transmission and Operations. The rate increase did not directly fund Conservation or Capital Investment. Mr. Holden explained there were 3-4 programs sponsored by the City to offset utility costs. The Ashland Low-income Energy Assistance Program (ALIEAP), the Senior Utility Discount, the Emergency Heat Regular City Council Meeting October 15, 2013 Page 3 of 8 Assistance Program, and the Round Up Program. Staff referred individuals that did not qualify for the programs to ACCESS in Medford. During 2012, 420 people applied for ALIEAP and staff projected that number to increase to 445 by 2014. The Senior Utility Discount Program had 137 people in 2012 potentially increasing to 142 by 2015. The City spent $113,000 in benefits for the citizens and anticipated that amount increasing to $144,000 by 2015. To his knowledge, staff had not discussed expanding eligibility for the programs. In addition to the assistance programs, customers could average payment during the year through the Equal Payment Plan. The Electric Department was bringing in new technology that was common throughout the industry, specifically a G1S system set up for Electric Systems to predict and measure outages decreasing the cost of maintenance. Public Hearing Open: 7:43 p.m. Public Hearing Closed: 7:43 p.m. Councilor Rosenthal/Lemhouse m/s to approve Resolution #2013-34. DISCUSSION: Councilor Rosenthal understood the difficulty in raising rates and the need to protect the City infrastructure. Councilor Lemhouse requested Council consider looking into reducing the overall tax rate with anticipation of raising utility rates during the budget season. Councilor Voisin requested further information on Tier 2 and conservation methods. Mr. Holden responded that staff and BPA initially projected the City would cross into Tier 11 during 2015 but now it looked like 2016-2017. Councilor Slattery supported the motion and wanted to discuss the User Tax in the next part of the current biennium. Councilor Morris commented in the 1980s the City went to Compact Urban Form that was supposed to reduce water, sewer, and power lines, and did not. He wanted to know if infill was saving the City money. Councilor Marsh would support the motion, the City was fortunate to operate its own electric utility. It kept rates significantly lower than what others paid. Even though rates were lower, the increase would be a stretch for people at a low-income level. She wanted a Study Session to review the subsidy program. Councilor Voisin indicated the proposed 5% increase had 1.28% for conservation, and wanted it included in the Study Session discussion regarding the Electric User Tax and the Franchise Fee. Roll Call Vote: Councilor Lemhouse, Marsh, Voisin, Rosenthal, Slattery, and Morris, YES. Motion passed. PUBLIC FORUM - None UNFINISHED BUSINESS - None 1. Approval of plaza booth paint color selection Management Analyst Ann Seltzer introduced Chamber of Commerce Executive Director Sandra Slattery and artist Sue Springer and provided background on the Information Booth color choices. Ms. Springer explained from the original choices, they narrowed it down to two and received 150 responses from public input regarding the color. Ms. Seltzer confirmed the roof needed replacing within the next 3-5 years. Public Works Superintendent Mike Morrison was in the process of deciding whether to paint or replace the roof. Staff was getting quotes for a copper roof and a copper-colored steel roof. Council could decide to wait on painting until a decision regarding the roof happened. Councilor Lemhouse/Rosenthal m/s that the City accept the recommendation of the Committee but hold off on painting until a decision on the roof is finalized. DISCUSSION: Councilor Lemhouse wanted the Committee to review the color choice once the roof was either painted or replaced. Councilor Rosenthal added the motion would give the Council an opportunity to consider November 4, 2013 along Regular City Council Meeting October 15, 2013 Page 4 of 8 with other potential outcomes and provide flexibility. Voice Vote: all AYES. Motion passed. 2. Proposal from OHRA and ACCESS for a Help Center for those in need in Ashland City Administrator Dave Kanner provided the background on the process that resulted in Options for Homeless Residents of Ashland (OHRA) and ACCESS collaborating on a joint proposal for the Help Center. The biennial budget included $100,000 for this purpose, transferred from the Reserve Fund to the General Fund by the Budget Committee. However, the net cost to the City of the proposal was $133,396. Council could appropriate additional funds if approved. ACCESS Executive Director Jackie Schad and Leigh Madsen, Chair, and project liaison of OHRA addressed the following questions: • What would the agencies have to cut from their budget in order to reduce the City's contribution to $100,000 over two years? What services would be lost? Ms. Schad explained it made sense to have a fixed site instead of mobile services that totaled $133,396. There was little flexibility in the budget. They did have a contingency fund of $6,000. Without the $33,396, they would offer fewer services. Mr. Madsen added he would report to Ms. Schad and the proposal would include a professional case manager 8 hours a month. • The grant solicitation requested a description of how the grantee would sustain funding beyond the initial two-year period. What is the ACCESS/OHRA plan for doing so? OHRA representative John Wieczorek saw the proposal as a foundational piece to build on in the future. For funding, ACCESS/OHRA reached out to The Ford Family Foundation, the Carpenter Foundation, Meyer Memorial Trust, Oregon Community Foundation, and the McKenzie River Foundation who supported the draft proposal. OHRA was a new non-profit working on their 501 c3. • How will the grantee leverage City funding to obtain other funding? ACCESS/OHRA would apply for grants from the larger foundations listed above and host fundraisers to fund the Help Center. • How will services such as showers, laundry, storage, etc. be provided if a fixed location cannot be secured and services are offered from a van? Mr. Madsen explained in case a fixed site did not work, they located a mobile shower service with outside hand washing facilities and washer/dryer combinations that was towable. They envisioned this service at a church, gas station, or the Ashland Emergency Food Bank. However, the cost would cut into funds budgeted for rent. • What role do ACCESS and OHRA envision for the local faith-based community, which has been the primary source of services for the at-risk and the homeless in Ashland up to this point? OHRA Board member Fran Adams explained the Help Center would not compete or detract from the network of services offered in Ashland. Several services offered by faith communities in Ashland had closed including the Interfaith Care Community of Ashland (ICCA) Center. Many of the faith-based communities in Ashland were strapped for funds or their buildings were unsuited to serve as homeless shelters. A possible option was faith agencies providing volunteers for specific, services that eventually they could take on as a sub-project. Mr. Madsen added there were several faith agencies working on issues surrounding the concept of a faith-based initiative on social justice. The Help Center would be a good place to bring the congregations and their efforts together. • The proposal describes the types of metrics that would be used to measure success, but what specific outcomes do ACCESS and OHRA anticipate? Regular City Council Meeting October 15, 2013 Page 5 of 8 Ms. Adams read from the Project Outcomes document submitted into the record that the Help Center expected to have 1,800 people access services over the next two years. Ms. Schad clarified the projected numbers were based on data from ACCESS. They anticipated 75 people a month for "light-touch" services meaning someone who came in for a shower, referrals, etc. Ms. Adams continued explaining over the next two years they expected to help 120 people long-term; house 40, help 30 families avoid homelessness, assist 24 in achieving stable incomes or employment, and gain 12-community partners for the Help Center. They also expected to raise $20,000 over the two-year period. They projected it would start with low numbers that increased over time. The Help Center would have a suggestion box and periodic questionnaires to gauge client satisfaction with a target of 80% satisfaction. The Council and the Housing Commission could receive a report based on these measures every six months along with financial reports. • What is the timeline for getting the Help Center up to full speed? Without a timeline, how will the City know if a planned activity is proceeding as scheduled and meeting its stated outcomes and accomplishments (if they are identified)? Ms. Schad referred to a timeline submitted into the record that showed Scope, Location Search, Budget Preparation & Approval, Implementation, Program Development, Staff, Marketing, and outreach. She thought it would take 30-60 days to locate a facility that met their need's. Mr. Madsen added they had people willing to run and supervise the Help Center, had served one family already, and were in the process of helping two others. Council discussed the possibility of renting a smaller space, purchasing the mobile shower, and parking it at the site or another location. Joel Sifeiner, M.D. /593 Prim Street/Shared his professional experience and thought this was an opportunity to provide a setting for undifferentiated people to differentiate. The resource would help homeless people want to integrate into the community in positive ways. He commended Council's efforts noting this presented real and positive implications for homeless people to show their strengths, talents and aspects of themselves. Dot Fisher-Smith/945 Oak Street/Expressed her personal support for the proposal and thought it was overdue. Ashland was the wealthiest town in the area yet had fewer services for the homeless and the poor. She urged Council to give the extra money as a sign of faith. John Fisher-Smith/945 Oak Street/Used the whiteboard to indicate a diagram that showed where the Treasury was going. He supported the proposal and commented on a national culture skewed to profit making and not taking care of the infrastructure and the people. He thanked Council for acting on the Help Center. He wanted a fixed location to serve people properly and would support the center any way he could. Ms. Schad clarified ACCESS and OHRA had discussed but not formalized a memo of understanding (MOU) between the agencies. Mr. Madsen added that ACCESS was the funding agency since they had the infrastructure already in place. Ms. Schad stated they would create an MOU with OHRA and the City. As the Help Center developed, ACCESS had expectations and benchmarks individuals interested in bettering their life needed to meet. OHRA also shared in the "hand up not a hand out" philosophy. Alternately, there were positive and creative collaborations forming due to the new reorganization of healthcare. Insurance would be available for a set of people currently without coverage that would provide access to mental health care. Councilor Lemhouse noted the majority of people accessing the Emergency Food Bank were families with homes and expressed concern services would focus on a smaller group of people who were homeless instead of the larger group of people in need. Mr. Madsen explained having a fixed location would allow Regular City Council Meeting October 15, 2013 Page 6 of 8 people with homes and in need easier access to the services. ACCESS would also help OHRA focus on the larger group of people in need not just the homeless. Ms. Schad clarified budget questions explaining the 20% fringe benefits was a portion of the benefit package. Indirect expenses of 5% for year 1 and 10% for year two covered Human Resource Management, monthly financial reports, and central services. Councilor Rosenthal thought the $5,000 fund raising goal in year one was low. Ms. Schad agreed and had a professional development team working with ACCESS and OHRA to determine a fundraising strategy. Councilor Slattery/Voisin m/s to approve a grant award to ACCESS and Options for Homeless Residents of Ashland, in an amount not to exceed $66,500 in each year of the 2013-15 biennium, for the operation of a Help Center for those in need in Ashland, and direct staff to develop the necessary contracts and grant agreements for that purpose and further move to authorize the City Administrator to sign all such agreements and contracts. DISCUSSION: Councilor Slattery explained it was important the project was successful, the community supported it, and all the right things were in place. Councilor Voisin added ACCESS and OHRA had done their homework beyond her expectations. Councilor Morris was prepared to support the original $100,000 but unsure on the additional amount needed. Councilor Lemhouse thought it would be easier to find a fixed location if they removed shower and laundry services from the requirements. The money saved from reduced rent could go towards purchasing the mobile shower facility, provide hotels for families in need, gas vouchers, or rent on campsites. Councilor Rosenthal was comfortable authorizing $100,000 and thought there were opportunities for adjustments in the proposed contract and ACCESS and OHRA could raise the $16,698. Mr. Kanner explained the easiest path was taking funds out of the General Fund Contingency. It was not desirable to tap into the contingency this early in a biennium and suggested changing the term of the grant agreement to 18 months instead of 24 months. The appropriation would only last through the end of the biennium. Another option was asking the Budget Committee to appropriate another $33,000 from the Reserve Fund when it reconvened. Councilor Marsh would support the motion and requested a draft MOU, a detailed work plan with deliverables, and requested to review the forms used to collect data, as well as ajob description included in the negotiation. Councilor Slattery wanted the program done right and funded correctly. He also wanted an effort in fundraising to accomplish the long-term viability of the Help Center. Councilor Lemhouse/Marsh m/s to amend the motion and remove from the grant the requirement to provide showers and laundry services at a fixed site and that prior to allocation of the grant that the awardees provide a draft MOU, a detailed work plan with deliverables, a method of reporting, a schedule of timely reporting to the City and a job description. DISCUSSION: Councilor Lemhouse did not want the laundry and shower requirement to block efforts to rent a facility and thought they could provide shower and laundry services in other ways. Councilor Marsh added the amendment was consistent with the evolution of the RFP (Request for Proposal). Councilor Voisin noted the RFP stated shower and laundry services were desired not required and did not think the amendment was necessary. She voiced concern the.removal of showers and laundry services changed the terms of the agreement and might have allowed more agencies to respond and created liability. City Attorney Dave Lohman clarified this was more of a grant than a procurement. He did not think anyone would have a legal standing that the terms were changed and they did not get a chance to respond. Roll Call Vote: Councilor Slattery, Morris, Marsh, Rosenthal, and Lemhouse, YES; Councilor Voisin, NO. Motion passed 5-1. Councilor Rosenthal/Lemhouse m/s to amend the motion to prorate the proposed contract for a duration of 18 months concluding June 30, 2015. DISCUSSION: Councilor Rosenthal wanted the Regular City Council Meeting October 15, 2013 Page 7 of 8 proposal fully funded based on the proposed budget. Councilor Lemhouse thought it made sense to prorate and still provide the requested funds in a fiscally responsible manner. Councilor Slattery commented Council had decided on the $100,000 not sure what the Help Center would actually cost and that amount turned out to be $133,396. He was not in favor of narrowing the timeline, the fund raising alone would be challenging and thought the additional money could be found somewhere in the Budget. Councilor Voisin would not support the motion. When the RFP went out Council did not know the cost of services. ACCESS and OHRA provided a realistic and conservative budget and a timeline. She thought it was worth the risk to provide services for the neediest in the community. Councilor Rosenthal thought funding over the 24-month period would give the organizations more than what they had asked for. Mr. Kanner explained the grant would be paid on a draw down basis as actual expenses incurred making whatever amount Council decided a cap. Mayor Stromberg added removing the requirement for the showers would reduce the amount of money and he wanted to stay within the $100,000. He indicated his support of the amendment. Councilor Marsh thought Council should allocate the full $100,000 to be spent as indicated by the organizations. Roll Call Vote: Councilor Morris, Rosenthal, and Lemhouse, YES; Councilor Slattery, Voisin, and Marsh, NO. Mayor Stromberg broke the tie with a NO vote. Motion failed 4-3. Councilor Marsh suggested making it a two-year contract with $100,000 on a reimbursement basis so the organizations could make cuts and raise additional funds. Mr. Kanner explained the appropriation made for this purpose was good through the end of the current biennium with left over funds re-appropriated in the next budget cycle. Councilor Marsh/Slattery m/s to amend the motion and extend the two year contract at a total allocation maximum of $100,000 and that the contract would include a maximum expenditure of $65,000 in year one. DISCUSSION: Councilor Marsh did not want to put a cap on how quickly the money was spent. Mr. Kanner confirmed the amendment was a grant agreement with a term of 24 months and a grant award of $100,000. They could spend the $100,000 the first year as long as they were able to continue to deliver on the grant deliverables through the term of the grant agreement. If they spent the entire $100,000 in the first 12 months and were unable to deliver the deliverables in the second 12 months they would be in default. Councilor Lemhouse asked if they still had money at the end of the 24 months if it would roll over. Mr. Kanner clarified distribution occurred on a draw down basis so they could roll over any remaining funds. They would be able to spend remaining funds set aside for grant purposes beyond the 24-month term unless there was another grant award and funds appropriated for that purpose beyond the end of that term or if Council took specific action to extend the term. Councilor Marsh added a spending limitation of $65,000 to the first year of the contract to her amendment with Councilor Slattery's consent. Roll Call Vote: Councilor Slattery, Morris, Voisin, Marsh, Rosenthal, and Lemhouse, YES. Motion passed. Roll Call Vote on the amended main motion: Councilor Slattery, Morris, Voisin, Marsh, Rosenthal and Lembouse, YES. Motion passed. NEW AND MISCELLANEOUS BUSINESS - None ORDINANCES. RESOLUTIONS AND CONTRACTS - None STUDY SESSION ITEM (added to agenda) 1. Job Council Proposal Discussion Management Analyst Adam Hanks explained the Job Council proposal had two components. One was business outreach to interview businesses on what types of job training they needed for existing and new positions. The other component was job seeker and unemployed worker services that entailed a satellite office in Ashland as a One-Stop Center. Options A & B offered the same services with reduced hours for Regular City Council Meeting October 15, 2013 Page 8 of 8 the Satellite Jobseeker Services. Staff added an Option C that provided the business outreach piece only and would not exceed $15,000. The Job Council was funded by the federal government and provided services to the Rogue Valley. Councilor Slattery had issues with business outreach federally funded for the region but not provided to Ashland and did not want to pay for something the community should have received all along. Mr. Adams clarified The Job Council was offering a concentrated effort at providing those services for Ashland in a shorter timeframe with more deliverables than their normal business outreach. Funding would provide 35-40 in depth interactions with businesses and provide Jobseekers services and expertise at a City provided location. Councilor Lemhouse suggested funding either Option A or B with a yearend assessment to determine if the money was well spent and next steps. City Administrator Dave Kanner explained there was a budget appropriation for economic development and the City had not identified how to spend funds in the second year of the biennium, only the first year. Council wanted to know how The Job Council would measure success and thought measurements should be part of the contract. They also wanted to know how much work The Job Council had done in Ashland to date. Council concern questioned paying for services The Job Council should have provided without payment. Other questions wanted to know what The Job Council was currently doing for Ashland and what was keeping them from doing more. Council wanted information about their business interface. With only 4-8 hours a week, Council questioned if they could effectively deliver services in Ashland or would they have a way of getting people to go to their Medford office. Final questions included annual budget information and how much The Job Council spent in Ashland. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS Councilor Lemhouse announced Ashland High School Homecoming events and the football team was currently undefeated and ranked third in the state. Councilor Voisin announced the cancelation of the October 17, 2013 lecture by Comel West due to a medical emergency in Mr. West's family. The lecture will be rescheduled spring 2014 and ticketholders should retain their tickets. On October 21, 2013, training for shelter volunteers would occur at the Presbyterian Church. On October 22, 2013, Options for Homeless Residents of Ashland (OHRA) and the United Methodist Church would offer free dog vaccinations primarily for those intending to use the shelter and bring their dogs. ADJOURNMENT Meeting adjourned at 10:30 p.m. Barbara Christensen, City Recorder John Stromberg, Mayor ASHLAND CONSERVATION COMMISSION Meeting Minutes September 25, 2013 CITY OF Community Development Building, Siskiyou Room ASHLAND 51 Winburn Way 1. Call to Order The meeting was called to order by Commission Chair Weir at 6:00. 2. Consent Agenda / Reports Weir asked for a motion to approve the meeting minutes of August 28`h. Council Liaison Rosenthal requested a correction to the last sentence of section 6 - Old Business, replacing "in alignment with his expectations" with "excellent". Commissioner Buck motioned to approve the minutes as amended, second by Beam with unanimous approval for the Commission. 3. Announcements Weir announced that the next Regular Commission Meeting for October 23, 2013, with upcoming Sustainability sub-committee meetings on Oct 2 and 16 and November 6 and 20. Commissioner Buck reminded the Commission of the upcoming Plastic Round up and passed out flyers and referenced the Recology and City websites for more information. Commissioner Beam stated that the Bear Creek Salmon Festival will be Oct 5th at 11:00 AM. Hanks reminded Commissioners that the booth set up was required earlier in the AM. Commissioner Beige]-Coryell noted that the SOU students were beginning to move into the new dorms. Commissioner Koopman added that a recipient of last year's Conservationist of the Year, Hannah Sohl is starting a new group called Oregon Climate Action Now, which invites and promotes "living room conversations" about climate change. 4. Public Forum Laurie Hopkinson, manager of the Rogue Valley Growers Market spoke to voice her desire to be aware of the potential impacts of the proposed plastic bag ban on the market operations. She stated support for the concept and offered to be a resource as the regulations are developed into an ordinance. 5. Reports Council Liaison Report - Councilor Rosenthal Councilor Rosenthal deferred to later in the agenda City Staff Report - Hanks Hanks informed the Commission that the Facilities Energy Audits, a component of the Operational Sustainability Plan was recently completed and delivered to staff for review. Staff will post the final document to the website and provide the Commission with a link. The report provides data on existing energy uses at 18 City buildings and includes energy saving recommendations (EEM's) with estimated costs and energy savings for each building. Hanks also summarized the status of the Recology Solid Waste Franchise agreement ordinance and associated resolutions, including the option to separate the costs associated with the Recycle Center from the garbage and recycling collection rates to be displayed as a separate fee on the Recology customer bills. The Commission discussed their concerns with the final ordinance and resolution. Commissioner Koopman pointed out that the proposal does not include specific waste reduction targets. Commissioner Beam felt that the proposal was a step backwards. Ashland School Quarterly Report - Commissioner Hartman With the absence of Commissioner Hartman, Chair Weir requested that Commissioner Buck provide a Recology report. Buck provided an update on the China Green Fence issues that are limiting plastic recycling efforts, as well as an update on improvements to the glass recycling program for glass products reuse rather than as road base. Buck summarized the compost classes for 2013 and noted that the fall leaf bag promotion is underway and the Recycle Center will have free leaf drop off November 17 and December 15. Discounted cost leaf bags are available to residents at Ashland Sanitary. Buck also noted that the Plastic Round Up is scheduled for October 25/26 at the Expo in Central Point. Sustainability Sub-Committee - Commissioner McGinnis Commissioner McGinnis summarized the work of the Sustainability sub-committee and provided a handout detailing the efforts. The Sub-committee is interested in pursuing using the ICLEI Star Communities framework for local sustainability and referenced the table that outlines the goals and objectives of the framework. McGinnis noted that the group felt that the table provided a good organizational tool to give a view of the full spectrum of the plan, but noted that it could be implemented one component at a time or in groups providing flexibility of implementation. The Commission discussed the table elements and how the Commission would fit in the planning process.. Chair Weir suggested that the sub-committee research direct costs of the Star Communities system as well as potential consulting or staff costs associated with developing a full plan. Commissioner Silverberg noted that the table provides a tool for prioritization which is an important component in the plan development. McGinnis noted that the sub-committee will be working at providing further details, including those mentioned by Commissioners and will bring back a more complete document for review at a future meeting, potentially in December. Issues remaining include who leads the overall project, what other efforts are already underway, how should the various existing projects be connected to the plan, etc. 6. Old Business "Bring Your Own Bag" Policy (Plastic Bag Ban) - Buck/Silverberg Commissioners Buck and Silverberg provided a brief overview of the memo in the meeting packet. Hanks noted that the sub-committee has been reviewing and is generally supports the City of Eugene ordinance model. Buck emphasized that the sub- committee feels strongly that the educational component is critical to meeting the longer term objective of the ordinance which is a behavioral shift away from disposables and greater use of reusables overall. The Commission discussed existing and potential exclusions, appropriate price points for the charge imposed for the use of paper bags, what types of businesses are most impacted, etc. Commissioner Beam noted that he continues to feel that the ban is selective and should be adopted equally. Hanks noted that the core concept of the regulation is the prohibition of one particular product, the single use plastic bag in conjunction with a cost for using a paper bag rather than a true reusable bag. Buck mentioned that it would be important to also have a definition for and prohibit compostable plastic bags as they currently don't work as intended. Beigel - Coryell made a motion to accept the memo as the Commission's recommendation to the Council, second by Buck. Motion passed 7-1 (Beam no vote). Commissioner Buck made a motion to select Chair Weir to present the recommendation to the Council on behalf of the BYOB sub-committee and the full Commission. Commissioner Gould second, passed 7-1 (Beam no vote). 7. New Business Car Washing Best practices / Signage for Anti Idling - Gould Commissioner Gould updated the Commission on her work on potential programs for the City to adopt relating to a green car wash program. Gould provided information on alternate car washing programs used by other Cities (Stockton, Santa Monica) to reduce storm drain contamination relating to charity car washes that result in soap into the storm drain. Hanks noted that the concept could be implemented by the Public Works Dept as they are responsible for storm drain maintenance and compliance and also currently provide the car wash kit. With two car wash units in the City, both under the same ownership, developing a similar program could be possible. Hanks suggested that Gould and he meet with PW Staff to discuss. Gould also updated the Commission on her work with the School District regarding the potential installation of signage in school parking lots/student pick up areas to reduce/eliminate idling of parent passenger vehicles. Hanks noted that the District employee fleet and bus areas were provided no idling signs but the school parking lots were somewhat different and might require school by school approval or an administrative approval from the District Superintendent. Gould stated she was working with PTA groups and may schedule a meeting with the Superindentent to discuss opportunities. The Commission appreciated the updates on both topic and supported continued efforts. 8. Wrap Up Weir reminded the Commission of the annual goals and requested that Commission members continue to work on those that interest them and ask for agenda spots as needed. Weir also noted several of the topics scheduled for the October meeting, including a review of the City's investment policy as it relates to the public forum presentation from several months prior regarding divestment, the Ashland Schools quarterly report, updates from Gould on the car wash/idling work, the idea of a Commission retreat to discuss the Commission's current charter (purpose/charge) and potential changes to it, as well as an update from Staff on the City's progress relating to the Operational Sustainability Plan. The Commission also discussed moving the November meeting due to the Thanksgiving holiday as well as getting started on the awards committee for 2014. Weir adourned the meeting at 8:00. MINUTES FOR A MEETING OF THE ASHLAND FIREWISE COMMISSION Wednesday, September 18`h, 2013 12:OOPM to 1:00PM Conference Room, Ashland Fire Station #1 455 Siskiyou Blvd 1. CALL TO ORDER Note meal source and amount: Pasta Piatti $122.85. $104 to Firewise account # Number Attending: 8 Council Liaison Greg Lemhouse, Pete Nerve[], Matt Warshawsky, Kelly Eaton, Kathy Kane, Staff: Kimberley Summers, Chris Chambers and Ali True. Absent: Annette Herron, Eric Olson. Ii. INTRODUCTIONS: Guest, Chris Chambers III. APPROVAL OF MINUTES: August 21", 2013 meeting minutes approved 12:04 Kelly Eaton approved, Matt Warshawsky 2"d. IV. PUBLIC FORUM -NONE V. ADJUSTMENTS TO THE AGENDA- Ali True will talk first then Chris Chambers VI. BUSINESS A. Report on Fire Adapted Communities: Chambers. Review PowerPoint and address questions by Commissioners and liaisons- It was asked will the Fire Adaptive Communities Steering Committee address codes and ordinances and if they will bring that to Council for approval. That is the intent for the future commissioners when we revise the ordinance that defines the scope of the new Commission. Greg Lemhouse would like to see this presented at Study Session to Council and thinks it is a good direction to move in and progress with wildfire preparedness in the City. B. Funding update: Ali: allowed use of Title 111 funds for Commission meetings. It was discussed the difference between the two missions of FAC and Firewise and what can be funded appropriately with Firewise grant dollars. Firewise will still have program updates, education & materials for homeowners and Firewise Clean Up Day. Firewise will not be the whole focus of the meetings, we are shifting to the Fire Adapted Communities approach. Title III funds cannot be used for the poster contest or food at future meetings because we are shifting over to the Fire Adapted Communities. Clean up Day and other homeowner education materials and events can still be supported by Title III as long as they are within the scope of the grant. Firewise work will continue under the scope of FAC, but it is just one aspect of the bigger effort. C. Discussion of current Commission ordinance and possible revisions to incorporate new scope, and potential different meeting time. - Kelly Eaton had said she would like to research the Fire Adapted Communities more and see if this is a move she is willing to make. It would be good to think about where we all fit in and where we go from here with Firewise vs. Fire Adapted Communities. What is the skill set that they are looking for in the future and what kind of commitment is needed? Kathy Kane asked to do a Doodle poll to determine increasing the number on the commission, meeting hours, day of the week. Matt Warshawsky recommended speaking with members of the bike and pedestrian commission, who have done something similar when merging with Traffic and Safety Commission and becoming Transportation Commission. It was agreed that more members were not needed, and keeping current number would be most appropriate. Poll will focus on possible new monthly meeting times. VII. COMMISSIONER COMMENTS VIII. REVIEW AND SET COMMISSION CALENDAR / NEXT MEETING A. Next meetings: October 16'h, 2013 and future meetings TBD based on poll results. IX. ADJOURN: 1:00 PM In compliance with the Americans with Disabilities Act, ifyou need special assistance to participate in this meeting, please contact the Public Works ice at 488-5587 (TTY phone number 1 800 735 2900). Notification 48 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). CITY OF ASHLAND Council Communication November 5, 2013, Business Meeting Authorization to Award a Contract to KOGAP Enterprises for Water Line and Electric Utility Upgrades in the Calle Guanajuato Resurfacing Project FROM: Don Robertson, Parks and Recreation Director, don.robertson@ashland.or.us SUMMARY The Parks Department proposes awarding a contract in the amount of $387,808.60 to KOGAP Enterprises for water line and electric utility upgrades in the Calle Guanajuato Resurfacing project. BACKGROUND AND POLICY IMPLICATIONS: The Calle Guanajuato Resurfacing project, when finished, will provide a safe, clean surface that eliminates current trip hazards. Construction will also include replacement of a water line and electric utility upgrades. Most utilities will be housed underneath an 8 foot wide walkway utilizing pavers located down the center of the Calle Guanajuato. The Parks and Recreation Commission approved the Parks portion of the project in the amount of $286,618.60 at their Regular Meeting on October 28`h and made a motion of support for the entire project amount of $387,808.60. Bids for the project were opened on October 2"d. KOGAP was the lowest responsive, responsible bidder. FISCAL IMPLICATIONS: The overall cost for the resurfacing, water line replacement and electric utility upgrades are $387,808.60. The low bid was from KOGAP Enterprises. The fiscal breakdown is: Parks Resurfacing: $286,618.60 Project #000053 Water Line Replacement: $75,890 Project #201225 Electric Utility Upgrades: $25,300 Project #000296 The money has been budgeted in the ' 13-'l 5 Biennium in the Parks Capital Improvement Fund and City Capital Improvement Fund. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of funds in order to award contract and proceed with construction. SUGGESTED MOTION: I move to approve contract award to KOGAP Enterprises for the Calle Guanajuato Resurfacing Project in the amount of $387,808.60 ATTACHMENTS: Bid Summary Contract Page I of 1 prFaI, O v G~ ~ a N M U O0 ~ T~ W U A O y O N Q 4~ v3 O w a• cV 69 ~ O ri 11 M1. W ~ O ~ 'D N~ O o aai ~ w y ~ m 00 _ 3 O Y N x0 'T O m 72 3 - 9 o w ~ O ~ M N ~ O b n N C N V / L - O U U i N r O ~ O ~ N O O ~ ~ o CC 0 .N 3 E O O E = c ~ i bq ~ Lxl~ cC L ~ U ~ N m 'D .D .fl 'O U 4.. E 'D U Cb "O ~ m w O 7 w w o = v 3 U Q 0 U O O O y C 7 C O v E E c p C b n 0 0 0 cd O E O 'O U U a aoz z zco¢coQQ CITY Of ' -ASH LAND CITY OF ASHLAND PUBLIC IMPROVEMENT CONTRACT Cajje Guanajuato Resurfaciniz Project Project No. 000296.999 This Contract is between the CITY OF ASHLAND, a municipal corporation of the State of Oregon (hereinafter "City" ) and (Hereinafter "Contractor"). The City's Project Manager for this Contract is Steve Sparkman, PE, OBEC Consulting Engineers. WHEREAS, City caused to be prepared a certain bound Project Manual or Bid Package (including but not limited to Invitation to Bid, Bid Schedule, Bid forms, Bid, Performance and Payment Bonds, as applicable, Public Improvement Contract, Contract Standard Terms and Conditions, Conditions, General Provisions, Technical Specifications, Drawings, and Addenda No._ through No. , more particularly described in Standard Condition 5, (hereinafter referred to as "Contract Documents") for its project entitled "Calle .Guanajuato Resurfacing Pry , and ' WHEREAS, Contractor did on the FA M day of 2013, file with City a bid to furnish equipment, labor, material, and appurtenances for construction of said project as set forth in the Contract Documents and agreed to accept as payment therefore the sums fully stated and set forth in the bid; and WHEREAS, the Contract Documents and bid fully and accurately set forth and describe the terms and conditions upon which the Contractor proposes to furnish said equipment, labor, material and appurtenances and perform said work, together with the manner and time of furnishing same; and NOW THEREFORE, for good and valuable consideration the parties mutually covenant and agree as follows: 1. Recitals This recitals set forth above are true and correct and are incorporated herein by this reference. 2. Effective Date and Duration This contract is effective on 20113, or on the date at which every party has signed this contract, whichever is later. The work under this contract shall, unless otherwise terminated or extended, be completed on or before March 15, 2014. 3. Statement of Work The work under this contract is for Calle Guanajuato Resurfacing Project, includin sg trees improvements curb and gutter, pavers driveways, electrical conduit and other improvements as is more fully described in the Contract Documents, incorporated herein and made a part hereof by City of Ashland 20 9-09-13 this reference. The statement of work, including the delivery schedule for the work, is contained in is contained in the Contract Documents. Contractor acknowledges receipt of all Contract Documents in existence at the date the Contract is signed and further acknowledges Contractor has read and fully understands the Contract Documents, and understands that in signing this Agreement contractor waives all rights to plead misunderstandings regarding the same. Contractor shall, at its own risk and expense, perform the work described in the Contract Documents and furnish all permits, labor, tools, machinery, materials, transportation, equipment and services of all kinds required for, necessary for, or reasonable incidental to, performance of the work, that is, the construction of this Calle Guanajuato Resurfacing Project for the City of Ashland, Oregon, as shown in the Contract Documents. Contractor shall secure all Municipal, County, State, or Federal Permits or licenses including payment of permit fees, license fees and royalties necessary or incident to performance of the work on this contract. The risk of loss for such work shall not shift to the City until written acceptance of the work by the City. 4. Consideration a. City agrees to pay Contractor, at th_etimes and in the m_anner_ provided_ in the Contract Documents, a sum not to exceed: L for accomplishing the work required by this contract, including allowable expenses. This fixed sum cannot be modified except by Change Order approved in writing by City. Any progress payments to Contractor shall be made only in accordance with the schedule and requirements in Section 21, Standard Terms and Conditions. b. City certifies that sufficient funds have been appropriated to make payments required by this contract during the current fiscal year. Contractor understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further liability to Contractor. CONTRACTOR DATA, CERTIFICATION, AND SIGNATURE Business Name (please print): Contact Name: Phone: Fax: Address: Do Not Write Federal and State Tax ID Numbers on this Agreement: One copy of W-9 is to be submitted with the signed contract to be kept on file in the City of Ashland Finance Department. Ashland Business License # Construction Contractors Board # Citizenship: Nonresident alien _Yes No Business Designation (check one): Individual Sole Proprietorship Partnership Corporation Govemment/Nonprofit The above information must be provided prior to contract approval. Payment information will be reported to the Internal Revenue Service (IRS) under the name and taxpayer I.D. number provided City of Ashland 21 9-09-13 above. (See IRS 1099 for additional instructions regarding taxpayer ID numbers.) Information not matching IRS records could subject you to 31 percent backup withholding. I, the undersigned, understand that the Standard Terms and Conditions For Public Improvement Contracts (Exhibit A) together with Exhibits B through J together with all other Contract Documents as described in Standard Terms and Conditions Section 5 below, and the separately bound 2008 Oregon Standard Specifications for Construction, as amended by the City of Ashland's most recent Addenda to the 2008 Oregon Standard Specifications for Construction are an integral part of this contract and agree to perform the work described in the Contract Documents, including Exhibit A, in accordance with the terms and conditions of this contract. I further understand the City is prohibited from entering into a contract when the contractor has neglected or refused to file any return, pay any tax, or properly contest a tax, pursuant to ORS 305.385; I hereby certify, under penalty of perjury and false swearing, that I/my business am/is not in violation of any Oregon tax laws; I further certify that the certification and representations in Standard Term and Condition # 16 [CCB Registration Requirements] are true and correct, and further I certify that 1 am an independent contractor as defined in ORS 670.600. Signed by Contractor: Signature/Title Date Printed Name: NOTICE TO CONTRACTOR: This contract does not bind the City of Ashland unless and until it has been executed by the Public Contracting Officer or designee as well as City Finance and Legal Department representatives. CITY OF ASHLAND SIGNATURE Approved: Rachel Dials, Recreation Superintendent, City of Ashland Date - Authorized by Ordinance 3013 and Delegation Order dated June 22. 2010 Coding: Reviewed: Dave Lohman, City Attorney (approved as to legal form) Date City of Ashland 22 9-09-13 CERTIFICATIONS OF REPRESENTATION Contractor, under penalty of perjury, certifies that: (a) The number shown on this form is its correct taxpayer ID (or is waiting for the number to be issued to it; and (b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, and (c) The work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent contractor as defined in the contract documents, and has checked four or more of the following criteria: (1) I carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. (2) Commercial advertising or business cards or a trade association membership are purchased for the business. (3) Telephone listing is used for the business separate from the personal residence listing. (4) Labor or services are performed only pursuant to written contracts. (5) Labor or services are performed for two or more different persons within a period of one year. (6) I assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. Contractor Date City of Ashland 23 9-09-13 EXHIBIT A CITY OF ASHLAND STANDARD TERMS AND CONDITIONS FOR PUBLIC IMPROVEMENT CONTRACTS 1. Contractor is Independent Contractor a. Contractor shall perform the work required by this contract as an independent contractor. Although the City reserves the right (i) to specify the desired results; (ii) to determine (and modify) the delivery schedule for the work to be performed; and (iii) to evaluate the quality of the completed performance, the City cannot and will not control the means or manner of the Contractor's performance. The Contractor is responsible for determining the appropriate means and manner of performing the work. b. The Contractor represents and warrants that Contractor (i) is not currently an employee of the federal government or the State of Oregon, and (ii) meets the specific independent contractor standards of ORS 670.600, as certified on the Independent Contractor Certification Statement attached as Exhibit D. c. Contractor will be responsible for any federal or state taxes applicable to any compensation or payment paid to Contractor under this contract. d. Contractor is not eligible for any federal Social Security, unemployment insurance, state Public Employees' Retirement System, or workers' compensation benefits from compensation or payments to Contractor under this contract. 2. Subcontracts and Assignment Contractor shall not subcontract any of the work required by this contract, or assign, sell, dispose of, or transfer any of its interest in this contract, nor delegate duties under the contract, either in whole or in part, without the prior written consent of the City. Such consent if provided shall not relieve the Contractor of any of the obligations under the contract. Any assignee or transferee shall be considered the agent of the contractor and be bound to abide by all provisions of the contract. If the City consents in writing to an assignment, sale, disposal or transfer of the Contractor's rights or delegation of Contractor's duties, the Contractor and its Surety, if any, shall remain liable to the City for complete performance of the Contract as if no such assignment, sale, disposal, transfer or delegation had occurred unless the City otherwise agrees in writing. [OAR 137-049-0200(2)] Use of Subcontractors, material suppliers or equipment suppliers shall in no way release Contractor from any obligations of contract with City. Contractor will provide in all subcontract agreements that the Subcontractor, material supplier and equipment supplier will be bound by the terms and conditions of this Contract to the extent that they relate to the Subcontractor's work, material or equipment. All Subcontracts are assignable to the City at City's option, in the event this agreement is terminated for default of Contractor. Contractor covenants and agrees to bind any and all subcontractors for performance of work under this Contract in the same manner Contractor is bound to City. Contractor further agrees that if subcontractors are employed in the performance of this contract, the Contractor and its subcontractors are subject to the requirements and sanction of ORS Chapter 656, Workers' Compensation. 3. No Third Party Beneficiaries City and Contractor are the only parties to this contract and are the only parties entitled to enforce its terms. Nothing in this contract gives or provides any benefit or right, whether directly, indirectly, or otherwise, to third persons unless such third persons are individually identified by name herein and expressly described as intended beneficiaries of the terms of this contract. City of Ashland 24 9-09-13 4. Successors in Interest The provisions of this contract shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors and approved assigns, if any. 5. Contract Documents The Contract Documents, which comprise the entire Contract between the City and Contractor, include all sections or parts of the bid package however denominated, including all documents and plans attached or referenced therein, the Notice to Contractors - Invitation to Bid, Offer, First-Tier Subcontractors Disclosure Form, Surety Bond, Public Improvement Contract, Contract Standard Terms and Conditions and Exhibits thereto, Performance Bond, Payment Bond, Special Provisions, Plans entitled " Calle Guanaiualo Resurfacing Proiecr', Construction Drawings, Standard Drawings, and Contract Addendums, all attached hereto, and incorporated herein by this reference, together with the Prevailing Wage (BOLL) if applicable AND any other separately bound reference, 2008 Oregon Standard Specifications for Construction, and City of Ashland Addenda, incorporated herein by this reference. All exhibits, schedules and lists attached to the Contract Documents, or delivered pursuant to the Contract Documents, shall be deemed a part of the Contract Documents and incorporated herein, where applicable, as if fully set forth herein. 6. Contractor's Representations By executing this contract, the Contractor hereby certifies that the representations made by the Contractor in the Contract Documents, including specifically the Offer, are true and correct and are incorporated herein by this reference. Contractor further certifies that Contractor has given the City written notice of conflicts, errors, ambiguities, or discrepancies that it has discovered in the Contract Documents, and the written resolution thereof by the City is acceptable to the Contractor, and the Contract Documents are generally sufficient to indicate and convey understanding of terms and conditions for performing and furnishing the project work. 7. Drug Testing [ORS 279C.505(2)] a. Contractor shall certify to the City that it has a drug-testing program in place for all its employees that includes, at a minimum, the following: A. A written employee drug-testing policy, B. Required drug testing for all new Subject Employees or alternatively, required testing of all Subject Employees every 12 months on a random selection basis, and C. Required testing of a Subject Employee when the Contractor has reasonable cause to believe the Subject Employee is under the influence of drugs. b. A drug-testing program that meets the above requirements will be deemed a "Qualifying Employee Drug- testing Program." For the purposes of this section, an employee is a "Subject Employee" only if that employee will be working on the Public Improvement projectjob site. c. By executing and returning this contract the Contractor certifies, represents and warrants to the City that a Qualifying Employee Drug-testing Program is in place at the time of execution, will continue in full force and effect for the duration of this contract, and that Contractor will comply with the provisions of subsection d below. Further, the City's performance obligation (which includes, without limitation, the City's obligation to make payment) is contingent on Contractors compliance with this representation and warranty. d. Contractor will require each subcontractor providing labor for the project to: A. Demonstrate to the Contractor that it has a Qualifying Employee Drug-testing Program for the subcontractor's Subject Employees, and represent and warrant to the Contractor that the Qualifying Employee Drug-testing Program is in place at the time of subcontract execution and will continue in full force and effect for the duration of the subcontract; or B. Require that the subcontractor's Subject Employees participate in the Contractor's Qualifying Employee Drug-testing Program for the duration of the subcontract. City of Ashland 25 9-09.13 8. Notice to Proceed Written Notice to Proceed will be given by the City after the contract has been executed and the performance bond, payment bond, and all required insurance documents approved. Notice to proceed shall not be unreasonably delayed and shall generally occur within thirty (30) days of the contract date. Reasonable delay may be occasioned by the need to obtain necessary permits or easements or utility relocation. The Contractor shall commence the project work within fifteen (15) days of the date of the written Notice to Proceed. Contractor is not to commence work under the Contract prior to such written notice. 9. Suspension of the Work The City, and its authorized representatives, may suspend portions or all of the project work due to causes including, but not limited to: a. Failure of the Contractor to correct unsafe conditions; b. Failure of the Contractor to carry out any provision of the Contract; c. Failure of the Contractor to carry out orders; d. Conditions, in the opinion of the City, which are unsuitable for performing the project work; e. Allowance of time required to investigate differing site conditions; E Any reason considered to be in the public interest. The contract time will not be extended, nor will the Contractor be entitled to any additional compensation if the work is suspended pursuant to subsections (a), (b) or (c). If the project work is suspended pursuant to subsection (f), the Contractor is entitled to a reasonable extension of the contract time and reasonable compensation for all verified costs resulting from the suspension plus a reasonable allowance for overhead with respect to such costs. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. The foregoing provision concerning compensation in the event of a suspension of Work of this contract shall not apply if such suspension occurs as a result of the Contractor's violation of any Federal, State, or Local statutes, ordinances, rules or regulations, or as a result of any violation by the Contractor of the terms of this contract, including a determination by the City that the Contractor has not progressed satisfactorily with the Work in accordance with specifications. 10. Early Termination a. The City and the Contractor, by mutual written agreement, may terminate this Contract at any time. b. The City, on 30 days written notice to the Contractor, may terminate this Contract for any reason deemed appropriate in its sole discretion. c. The City may terminate this contract, in whole or in part, at any time for any reason considered by the City, in the exercise of its sole discretion, to be in the public interest. The City will provide the Contractor, and the Contractor's surety, seven (7) days prior written notice of a termination for public convenience. d. Either the City or the Contractor may terminate this Contract in the event of a breach of the Contract by the other. Prior to such termination, however, the party seeking the termination shall give to the other party written notice of the breach and of the party's intent to terminate. If the Party has not entirely cured the breach within 15 days of the notice, then the party giving the notice may terminate the Contract at any time thereafter by giving a written notice of termination. City of Ashland 26 9-09-13 11. Payment on Early Termination a. If this contract is terminated under 10(a)(b) or (c), the City shall pay the Contractor for work performed in accordance with the Contract prior to the termination date. b. If this contract is terminated under 10(d), by the Contractor due to a breach by the City, then the City shall pay the Contractor as provided in subsection (a) of this section. c. If this contract is terminated under 10(d), by the City due to a breach by the Contractor, then the City shall pay the Contractor as provided in subsection (a) of this section, subject to set off of excess costs, as provided for in section 12, Remedies. 12. Remedies In the event of termination under 10(d), by the City due to a breach by the Contractor, then the City may complete the work either itself, by agreement with another contractor, or by a combination thereof. In the event the cost of completing the work exceeds the remaining unpaid balance of the total compensation provided under this contract, then the Contractor shall pay to the City the amount of the reasonable excess. After notice of termination under paragraph 10(c), the Contractor and the Contractor's surety shall provide the City with immediate and peaceful possession of the Project site and premises, and materials located on and off the Project site and premises for which the Contractor received progress payment. In no circumstances shall Contractor be entitled to lost profits due to termination. The remedies provided to the City under section 10 through 12 for a breach by the Contractor shall not be exclusive. The City also shall be entitled to any other equitable and legal remedies that are available. In the event of breach of this Contract by the City, then the Contractor's remedy shall be limited to termination of the Contract and receipt of payment as provided in section I I(b). 13. Access to Records Contractor shall maintain and the City and its authorized representatives shall have access to all books, documents, papers and records of Contractor which relate to this contract for the purpose of making audit, examination, excerpts, and transcripts for a period of three years after final payment. Copies of applicable records shall be made available upon request. Payment for cost of copies is reimbursable by the City. 14. Ownership of Work All work products of the Contractor that result from this contract, including but not limited to background data, documentation and staff work that is preliminary to final reports, are the property of City. Draft documents and preliminary work submitted to the City for review and comment shall not be considered as owned, used or retained by the City until the final document is submitted. The City shall own all proprietary rights, including but not limited to copyrights, trade secrets, patents and all other intellectual or other property rights in and to such work products. Preexisting trade secrets of the Contractor shall be noted as such and shall not be considered as a work product of this contract. All such work products shall be considered "works made for hire" under the provisions of the United States Copyright Act and all other equivalent laws. Use of any work product of the Contractor by the City for any purpose other than the use intended by this contract is at the risk of the City. Use of any work product by Contractor is prohibited without the written consent of the City. All documents or other materials submitted to City by Contractor shall become the sole and exclusive property of City. Such materials are subject to Oregon Public Records laws. City of Ashland 27 9-09-13 15. Compliance with Applicable Law Contractor certifies and shall comply and require all Subcontractors to comply with all federal, state, and local laws and ordinances, including specifically City of Ashland and State of Oregon Public contracting laws and rules applicable to the work under this contract, including without limitation ORS Chapter 279A-C, 279C.500 through 279C.670, and specifically ORS 279A.120(3), 279C.515, 279C.520, 279C.530, 279C.830 and 279C.580 as set forth on Exhibit B, attached hereto and made a part hereof by this reference In addition, the provisions of ORS 279C.360, 279C.365(4), and 279C.370 (Bid Documents and Disclosure); ORS 279A.010(p), 279A.120, 279C.375, and 279C.380(4), (Award of Contract and Bond); ORS 279A.110 (Prohibition on Discrimination in Subcontracting); ORS 279C.585 (Substitution first-tier Subcontractor); ORS 279C.650 to 279C.670 (Termination); ORS 279C.520, 279C.540, 279C.545 (Hours); ORS 279C.800 to 279C.870 (Oregon Prevailing Wage Law), if applicable; ORS 279C.550 to 279C.565 (Retainage); ORS 279C.4570 (Payments); and ORS 279C.600 to 279C.625 (Bonds) ORS 279A.125 (Recyclable Products) are all incorporated into this contract by this reference as though set forth in full. Without limiting the foregoing, Contractor expressly agrees to comply with: (i) any requirements of the DAVIS BACON ACT (40 U.S.C. 3142 and applicable Davis Bacon Related Acts; (ii) Title VI of the Civil Rights Act of 1964; (iii) Section V of the Rehabilitation Act of 1973; (iv) the Americans with Disabilities Act of 1990, (v) ORS 659A.142, (vi) all regulations and administrative rules established pursuant to those laws; and (vii) all other applicable requirements of federal and state civil rights and rehabilitation statues, rules and regulations. In addition, Contractor expressly agrees to comply with all federal and state tax laws. A condition or clause required by law to be in this contract shall be considered included and incorporated into the Contract and made a part hereof by these references. 16. Registration with Construction Contractor's Board The Contractor, hereby certifies that the Contractor is licensed with the Construction Contractors Board or licensed by the State Landscape Contractor's Board in accordance with ORS 701.035 to 701.055 and, further, that all subcontractors performing work as described in ORS 701.005(2) (i.e., construction work) will be licensed with the Construction Contractors Board or licensed by the State Landscape Contractor's Board in accordance with ORS 701.035 to 701.055 before the subcontractors commence work under the contract. 17. Prevailing Wages/ BOLT Fee a. Contractor shall certify in the Contract and it shall be a condition of the bond, as provided in ORS 279C.800 through 279C.870, that in performing this Contract, Contractor will pay and cause to be paid not less than the prevailing rate of wages as of the date of the Public Notice, per hour, per day, and per week for and to each and every worker who may be employed in and about the performance of the Contract. In accordance with ORS 279C.838, each worker in each trade or occupation employed in the performance of the Contract either by Contractor , subcontractor or other person doing or contracting to do or contracting for the whole or any part of the work on the Contract shall be paid not less than the applicable state or federal prevailing rate of wage, whichever is higher. Copies of the current BOLI prevailing wage schedule and federal wage rate schedule, if applicable, can be found at the following websites: www.oreeon.eov/boli . When both federal and state prevailing wages are required to be included in the contract specifications, the City shall also include in the specifications information showing which prevailing rate of wage is higher for workers in each trade or occupation in each locality, as determined by the Commissioner of the Bureau of Labor and Industries under ORS 279C.815 (2)(c). (see attached rate schedules) b. Contractor shall be bound by and shall fully comply with ORS 279C.800 to 279C.870, Oregon's Prevailing Wage Law. CONTRACTOR AGREES TO BE BOUND BY AND WILL COMPLY WITH PROVISIONS OF ORS 279C.840. Pursuant to ORS 279C.830(1), the existing prevailing rate of wage that may be paid to workers in each trade or occupation required, in the form of a BOLI document, is included in the contract and bid documents and made a part hereof by this reference. For public works for which the contract price is $50,000 or more, all workers shall be paid not less than such specified minimum hourly rate of wage. [ORS 279C.830(I c. City of Ashland shall pay the fee to the Commissioner of the Bureau of Labor and Industries pursuant to the administrative rule of the commissioner and as provided in ORS 279C.825(1). The fee shall be paid on or before the first progress payment or 60 days from the date work first begins on the Contract, or as otherwise provided by administrative rule, whichever is the earliest date. The fee is payable to the Bureau of Labor City of Ashland 28 9-09-13 and Industries Wage and Hour Division Prevailing Wage Unit 800 N.E. Oregon Street #32 Portland Oregon 97232. d. Contractor and some subcontractors shall also file with the Construction Contractors Board a public works bond with a corporate surety authorized to do business in this state in the amount of $30,000 as required by ORS 279C.836 and shall cause all subcontractors to do the same prior to starting work on the project. [ORS 279C.830(2)] The bond must provide that the contractor or subcontractor will pay claims ordered by the Bureau of Labor and Industries to workers performing labor upon public works projects. The bond must be a continuing obligation, and the surety's liability for the aggregate of claims that may be payable from the bond may not exceed the penal sum of the bond. The bond must remain in effect continuously until depleted by claims paid under this section, unless the surety sooner cancels the bond. Contractor shall verify that subcontractors have complied with this requirement prior to permitting the subcontractor to start work on the project. e. If the Contract is for a public work and the Contract price is $50,000 or more, Contractor shall supply and file, and require every Subcontractor to supply and file, with the City and with the Wage and Hour Division, Bureau of Labor and Industries (BOLI), 800 NE Oregon #32, Portland, Oregon 97232 a certified statement in writing that conforms to the requirements of ORS 279C.845. 18. Hours of Labor /Overtime limitation [ORS 279C.5201 [ORS 279C.540] [ORS 279C.545] Pursuant to ORS 279C.520, no person may be employed for more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity, emergency or when the public policy absolutely requires it, and in such cases, except in cases of contracts for personal services, the employee shall be paid at least time and a half pay: a. A. For all overtime in excess of eight hours in any one day or 40 hours in any one week when the work week is five consecutive days, Monday through Friday; or B. For all overtime in excess of 10 hours in anyone day or 40 hours in anyone week when the workweek is four consecutive days, Monday through Friday; and b. For all work performed on Saturday and on any legal holiday specified in ORS 279C.540. c. Collective bargaining and negotiated labor agreements may provide exceptions to the requirements of this section and from ORS 279C.520 and ORS 279C.540. d. When labor is employed by the City through another as a contractor, any worker employed by the contractor shall be foreclosed from the right to collect for any overtime provided in ORS 279C.540 unless a claim for payment is filed with the contractor within 90 days from the completion of the contract, providing the contractor has: A. Caused a circular clearly printed in boldfaced 12-point type and containing a copy of this section to be posted in a prominent place alongside the door of the timekeeper's office or in a similar place that is readily available and freely visible to workers employed on the work. B. Maintained the circular continuously posted from the inception to the completion of the contract on which workers are or have been employed. e. At or before the commencement of work, the Contractor shall give notice in writing to employees or by posting, of the number of hours and days per week the employees may be required to work. [279C.520(2)(5)] 19. Medical Care and Workers Compensation [ORS 279C.5301 a. Pursuant to ORS 279C.530(1), Contractor shall promptly, as due, make payment to any person, co- partnership, association or corporation furnishing medical, surgical and hospital care services or other needed care and attention, incident to sickness or injury, to the employees of the contractor, of all sums that the contractor agrees to pay for the services and all moneys and sums that the contractor collected or deducted from the wages of employees under any law, contract or agreement for the purpose of providing or paying for the services. b. Pursuant to ORS 279C.530(2), All employers, including Contractor, that employ subject workers who work under this contract 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. Contractor shall ensure that each of its subcontractors complies with these requirements. City of Ashland 29 9-09-13 20. Retainage The withholding of retainage by a contractor or subcontractor on public improvement contracts shall be in accordance with ORS 701.420 and 701.430. [279C.555] "Retainage" means the difference between the amount earned by a contractor on a public improvement contract and the amount paid on the contract by the City. [279C.550] Moneys retained by a contracting agency under ORS 279C.570 (7) shall either be: (a) retained in a fund by the City and paid to the contractor in accordance with ORS 279C.570; or (b) at the election of the contractor, paid to the contractor in accordance with the two options below: a. The contractor may deposit bonds, securities, or other instruments with the City or in any bank or trust company to be held in lieu of the cash retainage for the benefit of the contracting agency. In such event the City shall reduce the retainage in an amount equal to the value of the bonds, securities or instruments. and pay the amount of the reduction to the contractor in accordance with ORS 279C.570. Interest on the bonds or securities shall accrue to the contractor. {or] b. If the contractor elects, the City shall deposit the retainage, as accumulated, in an interest-bearing account in a bank, savings bank, trust company or savings association for the benefit of the City. Earnings on the account shall accrue to the contractor. If the contracting agency incurs additional costs as a result of the exercise of the options in ORS 279C.560(I) or (5), the City may recover such costs from the contractor by reduction of the final payment. As work on the contract progresses, the contracting agency shall, upon demand, inform the contractor of all accrued costs. Bonds and securities deposited or acquired in lieu of retainage, as permitted above, shall be of a character approved by the City Attorney and City Finance Director, including but not limited to: A. Bills, certificates, notes or bonds of the United States. B. Other obligations of the United States or its agencies. C. Obligations of any corporation wholly owned by the federal government. D. Indebtedness of the Federal National Mortgage Association. E. General obligation Bond of the State of Oregon or a political subdivision thereof. Unless the City finds that accepting a bond or instrument poses an extraordinary risk that is not typically associated with such bond or instrument, the contractor may deposit a surety bond for all or any portion of the amount of funds retained, or to be retained, by the City in a form acceptable to the City. The bond and any proceeds therefrom shall be made subject to all claims and liens and in the same manner and priority as set forth for retainage under ORS 279C.550 to 279C.570 and 279C.600 to 279C.625. The City shall reduce the retainage in an amount equal to the value of the bond and pay the amount of the reduction to the contractor in accordance with ORS 279C.570. Whenever a City accepts a surety bond from a contractor in lieu of retainage, the contractor shall accept like bonds from any subcontractor or supplier from which the contractor has retainage. The contractor shall then reduce the retainage in an amount equal to the value of the bond and pay the amount of the reduction to the subcontractor or supplier. [279C.560] 21. Progress Payments a. Payment for all work under the Contract will be made promptly by the City at the price or prices bid, and those prices shall include full compensation for all approved incidental work. b. Contractor shall make progress estimates of work performed in any calendar month and submit to the City for approval, before the fifth of the following month, or as mutually agreed between the Contractor and City. These estimates shall include value of labor performed and materials incorporated in the work since commencing work under the Contract. Such estimates need not be made by strict measurements and may be approximate only, and shall be based upon the whole amount of money that will become due according to terms of the Contract when Project has been completed. The City may include in payments eighty five percent (85%) of the cost to Contractor of materials or equipment not yet incorporated in the Work but delivered and suitably stored at the site, or at some other location agreed upon in writing. Such a payment shall be conditioned upon submission by the Contractor of bills of sale or such other documentation satisfactory to the City Attorney to establish the City's title to such materials or equipment or otherwise City of Ashland 30 9-09-13 protect the City's interest including applicable insurance and transportation to the site, and a statement from Contractor explaining why it is necessary to procure said equipment and/or materials. When such payments are made, the Contractor warrants and guarantees that the title to all materials and equipment covered by a progress payment, whether incorporated in the project or not, will pass to the City upon receipt of such payment by the Contractor, free and clear of all liens, claims, security interests or encumbrances. Notwithstanding the above, when the progress estimate indicates that the progress payment would be less than one thousand dollars ($1,000), no progress payment will be made for that estimate period, unless approved by the City. c. If the Contract price is determined, in whole or in part, on a Lump Sum basis, Contractor shall prepare an itemized cost breakdown relating thereto and have the City approve same before commencing work; progress estimates based on said itemized cost breakdown may be the basis for progress payments. Upon direction by the City, Contractor shall provide for revision of the costs breakdown to reflect the true costs of the work as it progresses. d. If the Contract price is determined wholly on a unit basis, City may use unit prices bid in making progress estimates on the work. In case said unit prices do not, in the opinion of the City, truly represent actual relative costs of different parts of work, a percentage of the Unit Price may be used in making progress estimate adjustments. e. If the City receives written notice of any unsettled claims for damage or other costs due to Contractor's operations including, without limitation, claims from any City Department or other governmental agency, an amount equal to the claim may be withheld from the progress payments, final payments or retainage until such claim has been resolved to the satisfaction of City. f Progress payments will be made by City on a monthly basis within thirty (30) days from sign-off by the Contractor of the progress payment or fifteen (15) days after the payment is approved by City of work performed, whichever is the earlier date. Failure to pay progress payments within the timeframe set forth above will result in the imposition of interest as required by ORS 279C.570(2)(3). Defective or improper invoices will be addressed as set forth in ORS 279C.570(4)(5)(6). g. Payment will be issued by City for the amount of the approved estimate, less five percent (5%) retainage. Except as provided in paragraph 19 above and the applicable ORS Sections noted herein, such amount of retainage shall be withheld and retained by City until it is included in and paid to Contractor as part of the final payment of the Contract amount. Upon Substantial Completion of the work under the Contract which shall be understood to be not less than ninety-seven and one-half percent (97.5%) of the work, the City may, at its discretion, reduce the retained amount equivalent to not less than one hundred percent (100%) of the contract value or estimated value or estimated cost, whichever is greater, of the work remaining to be done. [279C.570(7)] h. The City may decline to approve an application for payment and may withhold such approval if, in the City's opinion, and in good faith, the work has not progressed to the point indicated by the Contractor's submittal. The City may also decline to approve an application for payment or may reduce said payment or, because of subsequently discovered evidence or subsequent inspections, City may nullify the whole or any part of any payment previously made to such extent as may be necessary in their opinion to protect the City from loss because of. (1) defective work not remedied, (2) third party claims filed or failure of the Contractor to make payments properly to Subcontractors for labor, materials or equipment, unless Surety consents to such payment, (3) reasonable doubt that the work can be completed for the unpaid balance of the Contract sum, (4) damage to another contractor's work, (5) reasonable indication that the work will not be completed within the Contract time, (6) unsatisfactory prosecution of the work by the Contractor, (7) claims against the Contractor by the City, (8) failure to submit a construction schedule or failure to keep said construction schedule updated, or (9) exceeding work limits. When any or all of the criteria set forth above have been remedied satisfactorily to the City, payment shall be made for amounts withheld because of them. Withholding of progress payments or partial payments under the criteria set forth above shall not entitle the Contractor to interest on such withheld payments or partial payments, except as provided in ORS 279C.570(9). City of Ashland 31 9-09-13 i. If Contractor fails to complete the Project within the time limit fixed in the Contract or any extension, no further estimate may be accepted or progress or other payments allowed until the Project is completed, unless approved otherwise by City. Progress estimates are for the sole purpose of determining progress payments and are not to be relied on for any other purpose. A progress payment is not considered acceptance or approval of any work or materials or waiver of any defects therein. [ORS 279.570(2)] 22. Final Estimate and Final Payment a. SUBSTANTIAL COMPLETION. Contractor shall notify the City in writing when all or a portion of the work is considered substantially complete. If it appears to the City that the work is not substantially complete, the City shall not make an inspection. The City may make a general list of major work components remaining. If it appears that the work is substantially complete, the City shall, within fifteen (15) days after receiving notice, make an inspection and either accept the work or notify Contractor of work yet to be performed. If accepted, City shall prepare a Certificate of Substantial Completion, Exhibit F. Upon acceptance of the Certificate of Substantial Completion by both parties, the City shall be responsible for operation and maintenance of that part of the work described in the Certificate of Substantial Completion, subject to the warranty requirements and protection of the work and all other applicable terms of the contract documents. The date of substantial completion of all the work shall stop the accrual of liquidated damages, if applicable. b. FINAL COMPLETION. Contractor shall notify the City in writing when work is 100% complete. If it appears to the City that the work is not 100% complete, the City shall not make a final inspection. The City may make a general list of major work components remaining. If it appears that the work is 100% complete, the City shall, within fifteen (15) days after receiving notice, make a final inspection and either accept the work or notify Contractor of work yet to be performed on the Contract. A Certificate of Final Completion shall not be prepared until all provisions of the Contract have been met, including but not limited to, the submission by the Contractor of a signed Certificate of Compliance, Exhibit G and executed "Release of Liens and Claims."(Exhibit H). c. When the work is 100% complete, the City shall prepare a final pay estimate and Certificate of Final Completion accepting the work as of a certain date. The Contractor shall execute and return the final pay estimate and Certificate of Final Completion within five (5) working days of receipt. Unless otherwise provided as a Special Provision, when City accepts the Certificate of Final Completion, the date the Contractor signs the Certificate of Final Completion shall be the date the City accepts Ownership of the work and the start date of the warranty period. The contractor may substitute a Warranty Bond in replacement of the Performance and Payment Bonds in accordance with Section 29. The City shall include in the final pay estimate an addition to the contract amount for any contract deduction from the contract amount for any liquidated damages and a deduction from the contract price in a fair and equitable amount for any damages to the City or for any costs incurred or likely to be incurred by the City due to Contractor's failure to meet any contract provision or specification other than timely completion. d. If the Contractor believes the quantities and amounts specified in the final pay estimate prepared by the City to be incorrect, Contractor shall submit to the City within five (5) working days of receipt of the City's final pay estimate, an itemized statement of any and all claims for additional compensation under the Contract which are based on differences in measurements or errors of computation. Any such claim not so submitted and supported by an itemized statement within said period is expressly waived and the City shall not be obligated to pay the same. e. The Contractor shall commence any suit or action to collect or enforce the claim or claims for any additional compensation arising from errors of computation in the final estimate within a period of one (1) year following the original mailing of the City's final estimate and Certificate of Final Completion to the Contractor's last known address as shown in the records of City. The City's issuance of a revised final estimate pursuant to this subsection does not alter the original final estimate date. If said suit, action or proceeding is not commenced in said one (1) year period, the final estimate and Certificate of Final Completion or revised final estimate and Certificate of Final Completion, if revisions are made, shall be conclusive with respect to the amount earned by the Contractor, and the Contractor expressly waives any and all claims for compensation and any and all causes of suit or action for the enforcement thereof that Contractor might have had. City of Ashland 32 9-09-13 f. Upon return of the fully executed Certificate of Final Completion from the Contractor, the City will submit the Certificate of Final Completion and final estimate to the City for approval. Upon approval and acceptance by the City, Contractor will be paid a total payment equal to the amount due under the Contract including retainage within thirty (30) days in accordance with ORS 279C.570. Failure to pay within 30 days shall implicate the interest on final payment/ retainage requirements of ORS 279C.570(8). g. Monies earned by the Contractor are not due and payable until the procedures set forth in the contract documents for inspection, approval and acceptance of the work; for determination of the work done and the amount due therefore; for the preparation of the final estimate and Certificate of Final Completion and processing the same for payment; for consideration of the Contractor's claim, or claims, if any; and for the preparing of a revised final estimate and Certificate of Final Completion and processing same for payment all have been carried out. h. As a prerequisite to final payment, if Contractor is not domiciled in or registered to do business in the State of Oregon, the Contractor will provide City with evidence that the requirement of ORS 279A.120(3) has been satisfied. i. If City declares a default of the Contract, and Surety completes said Contract, all payments made after declaration of default and all retainage held by City shall be paid to Surety and not to Contractor in accordance with the terms of the Contract. j. Acceptance by Contractor of final payment shall release City from any and all claims by Contractor whether known or unknown, arising out of and relating to the work. No payment, however, final or otherwise, shall operate to release Contractor or its Sureties from warranties or other obligations required in the performance of the Contract. k. Disputes as to compensation resolved in favor of the contractor implicate the interest provisions of ORS 279.570(9). 23. Change Orders / Extra Work The Contractor agrees to complete this Contract in accordance with the attached specifications and requirements, including any change orders. A change order submitted by the City must be agreed upon by the Contractor and the City, and in the event of failure to so agree, the City may then proceed with any additional work in any manner the City may choose. A decision by the City to proceed to have work done by another party shall in no way relieve either the Contractor or City of this Contract and neither will such action be cause for collection of damages by either party to the contract, one from the other. Only the City designated Contracting Officer or individual with delegated contracting authority can authorize extra (and/or changed) work and compensation. Such authorization must be in writing. The parties expressly recognize that, except when such order is in writing by an individual with delegated authority, City personnel are not authorized to order extra (and/or) changed work or to waive contract requirements or authorize additional compensation. Failure of the Contractor to secure City authorization for extra work shall constitute a waiver of any and all claims or rights to adjustment in the contract price or contract time due to such unauthorized extra work and thereafter Contractor shall be entitled to no compensation whatsoever for the performance of such work. Contractor further expressly waives any and all right or remedy by way of restitution and quantum meruit for any and all extra work performed by Contractor without express and prior authorization of the City. 24. Contractor/Subcontractor Payment Obligations a. The Contractor is required to include in each subcontract for property or services entered into by the Contractor and a first-tier subcontractor, including a material supplier, for the purpose of performing this contract: A. payment clause that obligates the Contractor to pay the first-tier subcontractor for satisfactory performance under its subcontract within 10 days out of such amounts as are paid to the Contractor by the City under such contract; [279C.580(3)(a)] and City of Ashland 33 9-09-13 B. An interest penalty clause that obligates the Contractor, if payment is not made within 30 days after receipt of payment from the City, to pay to the first-tier subcontractor an interest penalty on amounts due in the case of each payment not made in accordance with the payment clause included in the subcontract pursuant to paragraph (a)(i) above. A contractor or first-tier subcontractor shall not be obligated to pay an interest penalty if the only reason that the contractor or first-tier subcontractor did not make payment when payment was due is that the contractor or first-tier subcontractor did not receive payment from the City or contractor when payment was due. The interest penalty shall be: (1) For the period beginning on the day after the required payment date and ending on the date on which payment of the amount is due made; and (2) Computed at the rate specified in ORS 279C.515(2). [279C.580(3)(b)] b. The Contractor is further required to include in each of its subcontracts, for the purpose of performance of such contract condition, a provision requiring the first-tier subcontractor to include a payment clause and an interest penalty clause conforming to the standards of section a. above in each of its subcontracts and to require each of its subcontractors to include such clauses in their subcontracts with each lower-tier subcontractor or supplier. [279C.580(4)] c. The Contractor shall not request payment of any amount withheld or retained in accordance with ORS 279C.580(5) until such time as the Contractor has determined and certified to the City that the subcontractor is entitled to the payment of such amount. [279C.570(1)]. d. A dispute between the Contractor and a subcontractor relating to the amount or entitlement of a subcontractor to a payment or a late payment interest penalty under a clause included in the subcontract pursuant to subsections (3) and (4) of ORS 279C.580 does not constitute a dispute to which the City is a party. The City shall not be included as a party in any administrative or judicial proceeding involving such a dispute. [279C.580(2)] e. The Contractor shall make payment promptly, as due, to all persons supplying to the Contractor labor or material for the performance of the work provided for in the contract. [ORS 279C.505(I)(a)] The Contractor shall pay all contributions or amounts due the Industrial Accident Fund and the State Unemployment Compensation Fund from the Contractor or Subcontractor incurred in the performance of the contract. [ORS 279C.505(1)(b)] The Contractor shall not permit any claim or lien to be filed or prosecuted against the City and shall be fully responsible for any lien or claim filed against the City on account of any labor or material furnished. [ORS 279C.505(i)(c)] The Contractor shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. [ORS 279C.505(1)(d)] f Pursuant to ORS 279C.515(1), if Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to the Contractor or a subcontractor by any person in connection with the Contract as such claim becomes due, the proper officer(s) representing the City may pay the claim and charge the amount of the payment against funds due or to become due Contractor under this Contract. g. Pursuant to ORS 279C.515(2), if the Contractor or a first-tier subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials in connection with the public improvement contract within 30 days after receipt of payment from the contracting agency or a contractor, the contractor or first-tier subcontractor shall owe the person the amount due plus interest charges commencing at the end of the 10- day period that payment is due under ORS 279C.580 (4) and ending upon final payment, unless payment is subject to a good faith dispute as defined in ORS 279C.580. The rate of interest charged to the contractor or first-tier subcontractor on the amount due shall equal three times the discount rate on 90-day commercial paper in effect at the Federal Reserve Bank in the Federal Reserve district that includes Oregon on the date that is 30 days after the date when payment was received from the contracting agency or from the contractor, but the rate of interest may not exceed 30 percent. The amount of interest may not be waived. It. Pursuant to ORS 279C.515(3), if the Contractor or a subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials in connection with the public improvement contract, the person may file a complaint with the Construction Contractors Board, unless payment is subject to a good faith dispute as defined in ORS 279C.580. City of Ashland 34 9-09-13 i. Pursuant to ORS 279C.515(4), the payment of a claim in the manner authorized in this section does not relieve the contractor or the contractor's surety from obligation with respect to any unpaid claims. j. Living Wage Rates: If the amount of this contract is $18,703 or more, and Contractor is not paying prevailing wage for the work, Contractor must comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any subcontractor who performs 50% or more of the work under this contract. Contractor must post the attached Living Wage notice predominantly in areas where it will be seen by all employees. 25. Inspection and Acceptance Inspection and acceptance of all work required under this contract shall be performed by the City. The Contractor shall be advised of the acceptance or of any deficiencies in the deliverable items. 26. Liquidated Damages City and Contractor recognize that time is of the essence of this Contract and that City will suffer substantial financial loss if the project work is not completed within the timeframe specified in Section (1) of the Public Improvement Contract. City and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or other dispute resolution preceding the actual loss suffered by City if the project work is not completed on time. Accordingly, instead of requiring any such proof, City and Contractor agree that as liquidated damages for delay (but not as a penalty) the Contractor shall pay the City Six Hundred Dollars per day ($600.00/day) for each and every day that elapses in excess of the contract time or the final adjusted contract time. This amount is a genuine pre-estimation of the damages expected because of a delay in the completion of this project. Any sums due as liquidated damages shall be deducted from any money due or which may become due to the Contractor under this Contract. Payment of liquidated damages shall not release the Contractor from obligations in respect to the fulfillment of the entire contract, nor shall the payment of such liquidated damages constitute a waiver of the City's right to collect any additional damages which may be sustained by failure of the Contractor to complete the work on time. Permitting the Contractor to continue and finish the project work or any pail thereof after the contract time, or adjusted contract time, has expired shall in no way operate as a waiver on the part of the City or any of its rights under this contract. The City may in its discretion grant the Contractor an extension of time upon a showing made by the Contractor that the work has been unavoidably delayed by conditions beyond the control of the parties. 27. Liability, Indemnity and Hold Harmless Contractor warrants that all its work will be performed in accordance with generally accepted practices and standards as well as the requirements of applicable federal, state, and local laws, it being understood that acceptance of Contractor's work by City shall not operate as a waiver or release. The Contractor shall hold harmless, indemnify, and defend City, its officers, agents, and employees from any and all liability, actions, claims, losses, damages or other costs of whatsoever nature, including attorney's fees and witness costs (at both trial and appeal level, whether or not a trial or appeal ever takes place) that may be asserted by any person or entity arising from, during or in connection with the performance of the work, actions or failure to perform actions, and other activities of Contractor or its officers, employees, subcontractors or agents, under this contract, including the professional negligent acts, errors, or omissions of Contractor or its officers, employees, subcontractors, or agents except liability arising out of the sole gross negligence of the City and its employees. The Contractor shall assume all responsibility for the work and shall bear all losses and damages directly or indirectly resulting to the Contractor, to the City, and to their officers, agents, and employees on account of (a) the character or performance of the work, (b) unforeseen difficulties, (c) accidents, or (d) any other cause whatsoever. The Contractor shall assume this responsibility even if (a) fault is the basis of the claim, and (b) any act, omission or conduct of the City connected with the Contract is a condition or contributory cause of the claim, loss, damage or injury. Contractor waives any and all statutory or common law rights of defense and indemnification by the City. Such indemnification shall also cover claims brought against City under state or federal workers compensation laws. Contractor shall also defend and indemnify City from all loss or damage that may result from Contractor's wrongful or unauthorized use of any patented article or process. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this indemnification. Any specific duty or liability imposed City of Ashland 35 9-09-13 or assumed by the Contractor as may be otherwise set forth in the Contract documents shall not be construed as a limitation or restriction of the general liability or duty imposed upon the Contractor by this section. In the event any such action or claim is brought against the City, the Contractor shall, if the City so elects and upon tender by the City, defend the same at the Contractor's sole cost and expense, promptly satisfy any judgment adverse to the City or to the City and the Contractor jointly, and reimburse the City for any loss, cost, damage, or expense, including attorney fees, suffered or incurred by the City. 28. Insurance The Contractor shall provide and maintain during the life of this Contract the insurance coverage as described in Exhibit C. All costs for such insurance shall be home by the Contractor and shall be included in the contract price. In case of the breach of any provision of this section, the City may elect to take out and maintain at the expense of the Contractor such insurance as the City may deem proper. The City may deduct the cost of such insurance from any monies that may be due or become due the Contractor under this Contract. Failure to maintain insurance as provided is also cause for immediate termination of the Contract. Contractor shall furnish City certificates of insurance acceptable to City prior to execution by the City and before Contractor or any subcontractor commences work under this Contract. The certificate shall show the name of the insurance carrier, coverage, type, amount (or limits), policy numbers, effective and expiration dates and a description of operations covered. The certificate will include the deductible or retention level and required endorsements. Insuring companies or entities are subject to City's acceptance. If requested, copies of insurance policies shall be provided to the City. Contractor shall be responsible for all deductibles, self-insured retention's, and/or self-insurance. Approval of the insurance shall not relieve or decrease the liability of the Contractor hereunder. 29. Performance, Payment and Warranty Bonds / Notice of Bond Claims At the time of execution of the Contract, the Contractor shall furnish: (1) Performance Bond and (2) Payment Bond written by a corporate surety or other financial assurance in an amount equal to the amount of the Contract based upon the estimate of quantities or lump sum as set forth in the Contract and in accordance with ORS 279.380. The bonds shall be continuous in effect and shall remain in full force and effect until compliance with and fulfillment of all terms and provisions of the Contract, including the obligations of Sections 27 and 30, all applicable laws and the prompt payment of all persons supplying labor and/or material for prosecution of the work. The bond(s) or other financial assurance is subject to approval by the City. Contractor shall famish a separate warranty bond written by a corporate surety or other financial assurance, in an amount equal to 10% of the final amount of the contract. The City may permit the warranty amount to be included in the initial performance and payment bonds. The warranty bond or other financial assurance shall be in effect for a period of one year from the date of Final Completion. The City may require a separate warranty bond or financial assurance for any repairs done pursuant to the warranty obligation. Such separate warranty bond or financial assurance shall be for a period of one year from the date of completion of such repairs. The notice of claim on a bond required by ORS 279C.600 must be sent by registered or certified mail or hand delivered no later than 120 days after the day the person last provided labor or famished materials or 120 days after the worker listed in the notice of claim by the Commissioner of the Bureau of Labor and Industries last provided labor. The notice may be sent or delivered to the contractor at any place the contractor maintains an office or conducts business or at the residence of the contractor. Notwithstanding the above, if the claim is for a required contribution to a fund of any employee benefit plan, the notice required by ORS 279C.600 must be sent or delivered within 150 days after the employee last provided labor or materials. The notice of claim must be in writing substantially as set forth in ORS 279C.605(3)-(5). 30. One-Year Warranty a. In addition to and not in lieu of any other warranties required under the Contract, Contractor shall make all necessary repairs and replacements to remedy, in a manner satisfactory to the City and at no cost to the City, any and all defects, breaks, or failures of the work occurring within one year following the date of completion due to faulty or inadequate materials or workmanship. Repair damage or disturbances to other improvements under, within, or adjacent to the work, whether or not caused by settling, washing, or slipping, when such damage or disturbance is caused, in whole or in part, from activities of the Contractor in City of Ashland 36 9-09-13 performing its duties and obligations under this Contract when such defects or damage occur within the warranty period. The one-year warranty period shall, with relation to such required repair, be extended one year from the date of completion of such repair. If Contractor, after written notice, fails within ten days to proceed to comply with the terms of this section, City may have the defects corrected, and the Contractor and Contractor's surety shall be liable for all expense incurred. In case of an emergency where, in the opinion of the City, delay would cause serious loss or damage, repairs may be made without notice being given to Contractor and Contractor or Surety shall pay the cost of repairs. Failure of the City to act in case of an emergency shall not relieve Contractor or Surety from liability and payment of all such costs. 31. Nondiscrimination in Labor No person shall be subject to discrimination in the receipt of the benefits of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, marital status, age, sexual orientation or national origin. Contractor shall comply with provisions of Owner's Equal Opportunity Policy and comply with ORS Chapter 659 and ORS Chapter 659A relating to unlawful employment practices and discrimination by employers against any employee or applicant for employment because of race, religion, color, sex, national origin, marital status or age if the individual is 18 years of age or older. Particular reference is made to ORS 659A.030, which states that it is unlawful employment practice for any employer, because of the race, religion, color, sex, national origin, marital status or age if the individual is 18 years or older or because of the race, religion, color, sex, national origin or age of any other person with whom the individual associates, or because of a juvenile record that has been expunged pursuant to ORS 419A.260 and ORS 419A.262 of any individual, or to refuse to hire or employ or to bar or discharge from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment. Any violation of this provision shall be considered a material violation of the Agreement and shall be grounds for cancellation, termination, or suspension in whole or in part. 32. Construction Debris and Yard Waste Contractor shall salvage or recycle construction and demolition debris, if feasible and cost effective. If the contract includes lawn and landscaping maintenance, Contractor shall compost or mulch yard waste material at an approved site, if feasible and cost effective. [ORS 279C.510(1)&(2)] 33. Environmental Regulations Pursuant to ORS 279C.525(1), the following is a list of federal, state and local agencies which have enacted ordinances or regulations dealing with the prevention of environmental pollution and the preservation of natural resources that may affect the performance of the contract. Federal Agencies: Agriculture, Department of Forest Service Soil Conservation Service Commerce Department of National Oceanic and Atmospheric Administration (NOAA) National Marine Fisheries Service (NMFS) Defense, Department of Army Corps of Engineers Energy, Department of Federal Energy Regulatory Commission Environmental Protection Agency Health and Human Services Department of Housing and Urban Development, Solar Energy and Energy Conservation Bank Interior, Department of Bureau of Land Management Bureau of Indian Affairs Bureau of Mines City of Ashland 37 9-09-13 Bureau of Reclamation Geological Survey Minerals Management Service U.S. Fish and Wildlife Service Labor, Department of Mine Safety and Health Administration Occupational Safety and Health Administration Transportation, Department of Coast Guard Federal Highway Administration Water Resources Council State Agencies: Administrative Services, Department of Agriculture, Department of Consumer & Business Services, Department of Oregon Occupational Safety & Health Division Energy, Department of Environmental Quality, Department of Fish and Wildlife, Department of Forestry, Department of Geology and Mineral Industries, Department of Human Resources, Department of Land Conservation and Development Commission Parks and Recreation, Department of Soil and Water Conservation Commission State Engineer State Land Board (Lands, Division of State) Water Resources Department Local Agencies: City of Ashland City Council (Ashland Municipal Code) County Courts County Commissioners of Jackson County, County Service Districts Sanitary Districts Water Districts Fire Protection Districts Historical Preservation Commissions Planning Commission If the Contractor awarded the project is delayed or must undertake additional work by reason of existing ordinances, rules or regulations of agencies not cited above or due to the enactment of new or the amendment of existing statutes, ordinances, rules or regulations relating to the prevention of environmental pollution and the preservation of natural resources occurring after the submission of the successful bid, the City may: a. Terminate the contract; b. Complete the work itself; c. Use non-City forces already under contract with the City; d. Require that the underlying property owner be responsible for cleanup; e. Solicit bids for a new contractor to provide the necessary services; or f. Issue the contractor a change order setting forth the additional work that must be undertaken. The solicitation documents make specific reference to known conditions at the construction site that may require the successful bidder to comply with the ordinances, rules or regulations identified above. If Contractor encounters a condition not referred to in the solicitation documents, not caused by the successful bidder and not discoverable by a reasonable pre-bid visual site inspection, and the condition requires compliance with the ordinances, rules or City of Ashland 38 9-09-13 - regulations enacted by the governmental entities identified above, the successful bidder shall immediately give notice of the condition to the contracting agency. Except in the case of an emergency and except as may otherwise be required by any environmental or natural resource ordinance, rule or regulation, the Contractor shall not commence work nor incur any additional job site costs in regard to the condition encountered and described in subsection (3) of this section without written direction from the contracting agency. Upon request by the City, the Contractor shall estimate the emergency or regulatory compliance costs as well as the anticipated delay and costs resulting from the encountered condition. This cost estimate shall be promptly delivered to the contracting agency for resolution. Within a reasonable period of time following delivery of an estimate of this section, the City may: a. Terminate the contract; b. Complete the work itself; c. Use non-City forces already under contract with the City; d. Require that the underlying property owner be responsible for cleanup; e. Solicit bids for a new contractor to provide the necessary services; or f Issue the contractor a change order setting forth the additional work that must be undertaken. If the City chooses to terminate the contract under either subsection(a) of this section, the Contractor shall be entitled to all costs and expenses incurred to the date of termination, including overhead and reasonable profits, on the percentage of the work completed. The City shall have access to the contractor's bid documents when making the contracting agency's determination of the additional compensation due to the contractor. If the contracting agency causes work to be done by another contractor under either subsection (c) or (e) above, the initial contractor may not be held liable for actions or omissions of the other contractor. The change order under either subsection (f) of this section shall include the appropriate extension of contract time and compensate the contractor for all additional costs, including overhead and reasonable profits, reasonably incurred as a result of complying with the applicable statutes, ordinances, rules or regulations. The City shall have access to the contractor's bid documents when making the contracting agency's determination of the additional compensation due to the contractor. Notwithstanding the above, the City has allocated all or a portion of the known environmental and natural resource risks to a Contractor by listing such environmental and natural resource risks in the solicitation documents; and 34. Waiver The failure of the City to enforce any provision of this contract shall not constitute a waiver by the City of that or any other provision. City shall not be precluded or estopped by any measurement, estimate or certificate made either before or after completion and acceptance of work or payment therefore, from showing the true amount and character of work performed and materials furnished by the Contractor, or from showing that any such measurement, estimate or certificate is untrue or incorrectly made, or that work or materials do not conform in fact to the Contract. City shall not be precluded or stopped, notwithstanding any such measurement, estimate or certificate, or payment in accordance therewith, from recovering from the Contractor and their Sureties such damages as it may sustain by reason of their failure to comply with terms of the Contract, or from enforcing compliance with the Contract. Neither acceptance by City, or by any representative or agent of the City, of the whole or any part of the work, nor any extension of time, nor any possession taken by City, nor any payment for all or any part of the project, shall operate as a waiver of any portion of the Contract or of any power herein reserved, or any right to damages herein provided. A waiver of any breach of the Contract shall not be held to be a waiver of any other breach. 35. Errors The Contractor shall perform such additional work as may be necessary to correct errors in the work required under this contract without undue delays and without additional cost. 36. Governing Law The provisions of this contract shall be construed in accordance with the laws of the State of Oregon and ordinances of the City of Ashland, Oregon. Any action or suits involving any question arising under this contract must be brought in the appropriate court in Jackson County, Oregon. If the claim must be brought in a federal forum, then it shall be brought and conducted in the United States District Court for the District of Oregon. Contractor, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver of the City of any form of defense or immunity.. City of Ashland 39 9-09-13 37. Severability If any term or provision of this contract 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 contract did not contain the particular term or provision held invalid. 38. Attorney's Fees If a suit or action is filed to enforce any of the terms of this contract, the prevailing party shall be entitled to recover from the other party, in addition to costs and disbursements provided by statute, any sum which a court, including any appellate court, may adjudge reasonable as attorney's fees. 39. Business License The Contractor shall obtain a City of Ashland business license as required by City Ordinance prior to beginning work under this contract. The Contractor shall provide a business license number in the space provided in this contract. 40. Notices/Bills/Payments All notices, bills, and payments shall be made in writing and may be given by personal delivery or by mail. Notices, bills, and payments sent by mail should be addressed as follows: City: Rachel Dials, Recreation Superintendent City of Ashland Parks and Recreation Department 340 South Pioneer Street Ashland, OR 97520 Contractor: and when so addressed, shall be deemed given upon deposit in the United States Mail, postage prepaid. In all other instances, notices, bills, and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to whom notices, bills, and payments are to be given by giving notice pursuant to this paragraph. 41. Conflict of Interest Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of its services. The Contractor further covenants that in the performance of this contract no person having any such interest shall be employed. 42. Merger Clause THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. BY ITS SIGNATURE, CONTRACTOR ACKNOWLEDGES IT HAS READ AND UNDERSTANDS THIS CONTRACT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. City of Ashland . 40 9-09-13 CITY OF ASHLAND Council Communication November 5, 2013, Business Meeting Intergovernmental Agreement for the Oregon Federal and State Surplus Property Program FROM Lee Tuneberg, Finance Director, lee.tuneberp@ashland.or.us SUMMARY This Intergovernmental Agreement with the State of Oregon will allow City departments to purchase and obtain surplus property to use for City business from the Oregon Federal and State Surplus Property Program. BACKGROUND AND POLICY IMPLICATIONS: The Oregon Federal and State Surplus Property Program, run in Oregon by the Oregon State Agency for Surplus Property (ORSASP) was created to enable eligible agencies to obtain property no longer needed by the Federal government. In order for the City of Ashland to participate in this program the Council needs to give authority to the City Administrator to complete the eligibility form and enter into an Intergovernmental Agreement with ORSASP. If the City of Ashland submits an eligibility form and is approved they are then able to both obtain surplus property and participate in the Fixed Price Vehicle Program to directly purchase vehicles from Federal government surpluses. FISCAL IMPLICATIONS: This intergovernmental agreement provides the potential of saving time and money when acquiring equipment or furniture for City of Ashland to meet program needs that can accomplished by purchasing new and gently used items from the state surplus program. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends Council authorize submittal of an application for eligibility and approve an Intergovernmental Agreement with the State of Oregon. SUGGESTED MOTION: I move that the Council, acting as the Local Contract Review Board, authorize submittal of an application for eligibility and enter into an Intergovernmental Agreement with the State of Oregon for the Oregon Federal and State Surplus Property Program. ATTACHMENTS: Intergovernmental Agreement Page 1 of I PFF`, Oregon Federal and State Surplus Property Program i 1655 Salem Industrial Dr. NE, Salem, OR 97301 i 503-378-6020 www.oregonsurplus.com About the Surplus Property Program The Federal Surplus Property Donation program enables certain nonfederal organizations to obtain property the Federal government no longer needs. The Oregon State Agency for Surplus Property (ORSASP) obtains this surplus property from the Federal government and donates it to eligible entities, and charges a service fee. Eligible entities include: • Public agencies (State agencies, cities, counties, school districts, fire protection districts, etc.) • Not-for-profit educational and public health activities (these must be licensed or accredited by a recognized authority) • Agencies that primarily serve the homeless • Agencies that provide assistance to the needy • Agencies that receive funds from the Older Americans Act To become eligible, forms must be completed by the chief administrative officer or executive head of the agency and ORSASP must make an eligibility determination. Once an agency is approved to receive property, the agency is called a donee. At that point, authorized representatives can visit the ORSASP facility and select property needed by the donee. Property is received on a daily basis so the inventory changes on a daily basis. Service Educational Activities Service Educational Activities (SEAS) are eligible to receive Department of Defense (DOD) property. Although their eligibility is determined by the DOD, they should contact ORSASP for requirements. Property obtained by the SEA can only be used in their eligible program and must be put into use within one year of receipt, and used for at least one year. Small Business Administration Participants Participants in the Small Business Administration's (SBA's) 8(a) Business Development Program may be eligible to receive surplus property. The SBA will be responsible for determining eligibility and enforcing compliance. Want List To request property that is needed but not currently available, donees can place their name and the needed item on the want list. When property is received, staff will call and notify the donee that it is available. i 1 i Return of Property • If at any time during the period of restriction the property is no longer suitable, usable or further needed by the donee, the donee must return the property to ORSASP. • If property cannot be used and is returned within 30 days from receipt, full credit will be given. If property is returned 31 to.60 days.from receipt, half credit will be given. After 60 days, no credit will be given. Restrictions The Federal government requires that ORSASP place restrictions on property transferred through the donation program. Title to the property does not pass to the donee until it has been used for the period of the restriction. A summary of these restrictions is as follows: • Property can only be used by the eligible donee. • Property obtained must be put into use within one year of receipt and remain in use for at least one year. • Passenger motor vehicles and items with an original acquisition cost of $5,000 or more must be used for a minimum of 18 months. • Gas masks, body armor, aircraft, vessel and foreign gifts have an additional period of restriction. • Personal use, unauthorized sale, disposal, cannibalization or destruction of property during the restriction period is considered noncompliance. • Property cannot be stored at a personal residence without the prior written approval of ORSASP. Compliance ORSASP is required to verify compliance with federal regulations. This is done by mailing utilization report forms and by making random unannounced compliance visits. During the compliance visits, we ask to see the property in use. State Surplus Property In addition to the federal donation program, ORSASP operates the State Surplus Property Program. This provides an opportunity for the same donees to obtain surplus property from state agencies. State Surplus Property must be obtained for use by the eligible donee. Fixed Price Vehicle Program under the fixed price sale program, ORSASP brokers direct purchases of vehicles from the Federal government. These vehicles are then resold to eligible donees. The vehicles are typically lower mileage and later model years than those found through the donation program. These vehicles must be obtained for use by only the eligible donee. 2 Instructions for Completing Eligibility Forms Please complete all blanks requiring information. If you fail to do this, it will result in delays for establishing your eligibility. If you have questions or need assistance in filling out the forms, contact Nora Leahy at 503-378-2753 or email her at nora.leahy(alstate.or.us. 1. The Chief Administrative Office or executive head must sign all forms (i.e. mayor, presiding commissioner, superintendent, chairman/president of the board, director, etc.). 2. Only one of the above officials should sign the eligibility forms. (All forms must be signed by the same individual). 3. Signatures must be original, not stamped. 4. On the Application for Eligibility: • if you are a Public Agency, complete Sections I and II only and sign. if you are a non-profit organization, complete Sections I and III only and sign. 5. If your mailing address is a P.O. Box, a geographic location must be documented in the street address section on the Donee Authorization form. This information is required to satisfy Federal accountability and compliance regulations. 6. On the Donee Authorization form, list the names and contact information of the people who are authorized to come in and sign for property for your agency. 7. If you are applying as a non-profit organization, a copy of the IRS tax-exempt ruling must accompany the application. The ruling must have the correct name and address of the applicant organization. If it does not, a name and/or address correction should be requested from the Internal Revenue Service, EP/EO Division, P.O. Box 192, Covington, KY 41012-0192 (Tel. # 877-829-5500). A copy of this correspondence may be included with the application packet, since confirmation by the IRS generally may not be received for a long period of time. 8. If you are licensed, accredited, certified and/or have received approval for your health or educational activity by a nationally recognized accrediting agency, please provide current copies of the documentation. We are required to keep this information current at all times. 9. A narrative description of services your organization provides is required by Federal regulations. For non-profit agencies, a more detailed description is necessary. Include brochures, pamphlets, etc. Political subdivisions, such as cities, may include a brief summary of services such as police. department, sewer, water, street, etc. 10. Make a copy of the application to keep for your records. 11. Mail your paperwork to: Oregon Federal and State Surplus Property Program 1655 Salem Industrial Dr. NE Salem, OR 97301 Attn: Nora Leahy 3 1)e artment of Administrative Services regon Enterprise Asset Management -Surplus Property Distribution Center NE 001~1 IGSS Salem Industrial Drive 301 John A. Kitvhaber, MD, Governor Salem, Oregon 97020 PHONE: 503-378-6020 APPLICATION FOR ELIGIBILITY FAX: 503-378-8558 Section I Legal Name of Applicant Organization: City of Ashland Address (Street Address AND applicable P.O. Box); 90 N. Mountain Avenue Street Address Ashland OR 97520 541-488-5354 P.O. Box City State Zip Code Phone Has the institution been approved, accredited, or licensed? (Attach evidence) If yes, by what authority? Narrative description of program or services offered (Attach) Public Agencies - Fill out Section II and sign below. Non-profit Institutions - Fill out Section III and sign. Section II Public Tax Supported Agencies Check type of agency: ❑ State Government ❑ Health ❑ Education R City Government ❑ County Government ❑ Other Section III. Non-Profit Institution Check type of institution: ❑ College ❑ Child Care Center ❑ Health Center/Clinic ❑ Secondary School ❑ Radio/TV Station ❑ Provider of Assistance to the Needy ❑ Elementary School ❑ Library ❑ Provider of Assistant to the Homeless ❑ School for Disabled ❑ Museum ❑ Older American Act Funding ❑ Nursing Home ❑ Hospital ❑ Other How is the institution funded? (Show percentages) 1. Tax supported (other than grant) 2. By grant and/or contributions 3. Other (specify) Has the institution been determined non-profit and tax-exempt under section 501 of the US Internal Revenue Code? ❑ Yes (Attach IRS Ruling Letter) ❑ No Articles of Incorporation and Bylaws (Attach) Chief Administrative Officer or Executive Head Date Signature Title October 3, 2013 4 i Terms and Conditions of Distribution You AGREE to the following when signing your name to a Distribution Document / Invoice: • To use the surplus property only in the official program you represent • To use the surplus property for its intended purpose • To put the surplus property into use within one year and to use it for at least one year • To use certain items for 1B months or longer * • To not sell the property, lend it, trade it, or tear it down for. parts unless given prior written permission • To not permanently remove the property for use outside the state • To not store property at a personal residence without prior written authorization • To return property that is still under restriction but is no longer needed • To pay the U.S. Government for the property if not used according to the terms and conditions specified on the distribution document in short, the surplus property must be used in an authorized program. Personal or non-use of surplus property is prohibited. Permission must be received before selling, trading or cannibalizing the property. Understand your obligations by reading the back of your Distribution Document/Invoice. *Property that has an original acquisition cost of $5,000 or more and passenger motor vehicles regardless of acquisition cost are items that would fall under this restriction. Utilization reports will be mailed to you for completion every six months until the use requirement is met. Any authorized representative can complete this form if they have the necessary information. If you need assistance with these reports, contact Steve Smith at 503-376-6051, RETURN POLICY: Property returned within 30 days from acquisition = Full Credit Property returned 31-60 days from acquisition = Half Credit No credit will be given for property returned after 60 days I agree to abide by the terms and conditions on the back of the distribution document and understand that failure to do so could render my organization ineligible to receive property. Organization Signature Date Printed Name 5 State of Oregon Federal and State Surplus Property Program . r xr0~-~3 1655 Salem Industrial Dr. NE SFh3 Salem, OR 97301 '^'L4 c .Itt. Donee Authorized Signers t, Use this form to add/delete authorized signers to/from your account - If more names must be added, make a co of this sheet and add numbers to signers Name of Donee Institution: Date: City of Ashland October 3, 2013 Department (if College, University, or applicable): Address (Street and Number): 90 N. Mountain Avenue Ashland 97520 Mailing Address/ P.O. Box: City: ZIP Code: County: Telephone Number (Include extension): Website Address: Jackson 541-488-5354 ashland.or.us Send Invoices to: Jamie Snow I Authorize Purchases By Anyone In My Agency That Holds: job Title and Phone Number: Business Credit Card ❑ - Purchase Order Either❑ Accounts Payable, 541-552-2028 or SPOTS Card NA M9 Add Delete Email Address Karl Olson kari.olson@ashland.or.us Title Phone Number Purchasing Representative 541-488-5354 Name #2 eete Email Address Dale Peters dale.peters@ashland.or.us Title Phone Number Facilities Maintenance 541-552-2292 Name#3 Ad Deete Email Address Stu Wilkie stu.wilkie@ashland.or.us Title Phone Number Fleet/Safety Supervisor 541-552-2355 Name#4 Add Bete Email Address Scott Hollingsworth scott.hollingsworth@ashland.or.us Title Phone Number Battalion Chief EMT-P 541-482-2770 Name #5 Add D,"" Email Address Gail Rosenberg W gail.rosenberg@ashland.or.us Title Phone Number Administrative Assistant 541-552-2117 Authorized By (Please Print) Title: Chief Administrative Office or Executive Head Signature(s) Signature of Chief Administrative Office or Executive Head Appointed Hired Elected (Term expires Hired by Contract (expires__/__/_) 6 NONDISCRIMINATION ASSURANCE Name of Applicant Organization The applicant, herein after called the "donee", assures compliance with all requirements by or pursuant to the regulations of the General Services Administration (41CFR 101-6.2 and 101-8) issued under the provisions of Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Title IX of the Education Amendments of 1972, as amended; and Civil Rights Restoration Act of 1987. No person shall be excluded from program participation or denied benefits on the basis of race, color, national origin, sex, education, age or disability. Further, the donee agrees that this agreement obligates the donee for the period which it retains ownership or possession of property, that the United States shall have the right to seek judicial enforcement of this agreement and that this agreement is binding upon the donee and its successors, transferees and assignees. By signing below, I agree to the nondiscrimination assurance and certify that my representations are true and correct. Date Signature of Authorized Official for Organization CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION FOR LOWER TIER COVERED TRANSACTIONS The Applicant Organization certifies, by submission of this application, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from Participation in this transaction by any Federal department agency a The Applicant Organization is unable to certify any of the statements in this certification and shall attach an explanation to this proposal. Signature of Chief Administrative Officer/Executive Head Title Date 7 CERTIFICATIONS AND AGREEMENTS THE DONEE CERTIFIES THAT: 1. (1) It is a public agency; or a nonprofit educational or public health institution or organization, exempt from taxation under section 501 of the Internal Revenue Code of 1954; within the meaning of section 203 0) of the Federal Properly and Administrative Services Act of 1949, as amended, and the regulations of the Administrator of General Services. (2) If a public agency, the property is needed and will be used by the recipient for carrying out or promoting for the residents of a given political area one or more public purposes, or, if a nonprofit tax-exempt institution or organization, the properly Is needed for and will be used by the recipient for educational or public health purposes, and including research for such purpose. The property is not being acquired for any other use or purpose, or for sale or other distribution; or for permanent use outside the Stale, except with prior approval of the State agency. (3) Funds are available to pay all costs and charges incident to donation, and these charges will be paid promptly. (4) This transaction shall be subject to the nondiscrimination regulations governing the donation of surplus personal property Issued under Title VI of the Civil Rights Act of 1964, Section 606 of Title VI of the Federal Property and Administrative Services Act of 1949, as amended, Section 504 of the Rehabilitation Act of 1973, as amended, Title IX of the Education Amendments of 1972, as amended, and Section 303 of the Age Discrimination Act of 1975. IL THE DONEE AGREES TO THE FOLLOWING FEDERAL CONDITIONS: (1) All items of property shall be placed in use for the purposes for which acquired within one year of receipt and shall be continued In use for such purposes for one year from the dale the property was placed In use. In the event the property is not so placed in use, or continued in use, the donee shall Immediately notify the State agency, and at the donee's expense, return such properly to the State agency, or otherwise make the property available for transfer or other disposal by the State agency, provided the property is still usable as determined by the Slate agency. (2) Such special handling or use limitations as are imposed by General Services Administration (GSA) on any Item(s) of property listed hereon. (3) In the event the property is not so used or handled as required by (b) (1) and (2), Lille and right to the possession of such property shall at the option of GSA revert to the United States of America and upon demand the donee shall release such property to such person as GSA or its designee shall direct. III. THE DONEE AGREES TO THE FOLLOWING CONDITIONS IMPOSED BY THE STATE AGENCY, APPLICABLE TO ITEMS WITH A UNIT ACQUISITION COST OF $5,000 (PUBLIC LAW 99-386, SEC. 207) OR MORE AND PASSENGER MOTOR VEHICLES, REGARDLESS OF ACQUISITION COST, EXCEPT VESSELS 50 FEET IN LENGTH AND AIRCRAFT: (1) The property shall be used only for the purpose(s) for which acquired and for no other purpose(s). (2) There shall be a period of restriction which will expire after such property has been used for the purpose(s) for which acquired for a period of 18 months from the date the property is placed In use. (3) In the event the property Is not so used as required by (c) (1) and (2) and Federal restrictions (b) (1) and (2) have expired then the right to the possession of such property shall at the option of the Slate agency revert to the State of Oregon and the donee shall release such property to such person as the Stale agency shall direct. IV. THE DONEE AGREES TO THE FOLLOWING TERMS, RESERVATIONS AND RESTRICTIONS: (1) From the date it receives the properly listed hereon and through the period(s) of time the conditions imposed by (b) and (c) above remain in effect, the donee shall not sell. trade, lease, lend, ball, cannibalize, encumber, or otherwise dispose of such property, or remove It permanently, for use outside the State, without the prior approval of GSA under (b) or the State agency under (c). The proceeds from any sale, trade, lease, loan, bailment, encumbrance or other disposal of the property, when such action is authorized by GSA or by the Stale agency, shall be remitted promptly by the donee to GSA or the Slate agency, as the case may be. (2) In the event any of the property listed hereon Is sold, traded, leased, loaned, bailed, cannibalized, encumbered, or otherwise disposed of by the donee from the date it receives the property through the period(s) of time the conditions Imposed by (b) and (c) remain in effect, without prior approval of GSA or the Slate agency, the donee, at the option of GSA or the State agency shall pay to GSA or the Stale agency, as the case may be, the proceeds of the disposal or the fair market value or the fair rental value of the property at the time of such disposal, as determined by GSA or the State agency. (3) If at any time, from the dale it receives the property through the period(s) of time the conditions imposed by (b) and (c) remain In effect, any of the property listed hereon Is no longer suitable, usable, or further needed by the donee for the purpose(s) for which acquired, the donee shall promptly notify the State agency, and shall, as directed by the State agency, return the property to the State agency, release the property to another donee or another State agency, a department or agency of the United States, sell or otherwise dispose of the property. The proceeds from any sale shall be remitted promptly by the donee to the State agency, (4) The donee shall make reports to the State agency on the use, condition, and location of the property listed hereon, and on other pertinent matters as may be required from time to time by the Stale agency. (5) At the option of the State agency, the donee may abrogate the conditions set forth In (c) and the terms, reservations and restrictions pertinent (hereto in (d) by payment of an amount as determined by the Slate agency. V. THE DONEE AGREES TO THE FOLLOWING CONDITIONS, APPLICABLE TO ALL ITEMS OF PROPERTY LISTED HEREON: (1)The property acquired by the donee Is on an "as Is,1vhere is" basis, without warranty of any kind. (2) The State agency requires the donee to carry Insurance against damages to or loss of property due to fire or other hazards and where loss of or damage to donated property with unexpired terms, conditions, reservations or restrictions occurs, the State agency will be entitled to reimbursement from the donee out of the insurance proceeds, of an amount equal to the unamortized portion of the fair value of the damaged or destroyed donated Items. VI. TERMS AND CONDITIONS APPLICABLE TO THE DONATION OF AIRCRAFT AND VESSELS (50 FEET OR MORE IN LENGTH) HAVING AN ACQUISITION COST OF $5,000 (PUBLIC LAW ifil , SEC. 207) OR MORE, REGARDLESS OF THE PURPOSE FOR WHICH ACQUIRED: (1) The donation shall be subject to the tens, conditions, reservations, and restrictions set forth in the Conditional Transfer Document executed by the authorized donee representative. THE DONEE AGREES TO THE FOLLOWING TERMS AND CONDITIONS IMPOSED BY THE STATE AGENCY APPLICABLE TO ITEMS WITH A UNIT ACQUISITION COST OF UNDER $5,000 (PUBLIC LAW 99-386, SEC. 207): (1) Tille to items with an acquisition cost of less than $5,000. (Public Law 99-386, Sec. 207) shall pass to the donee when the terms and conditions imposed by (b) (1) and (2) have been met. (2) All clothing, upholstered furniture, and bedding materials acquired from the SURPLUS PROPERTY DIVISION will be sterilized as required by State Law before being used. (3) In addition to any other remedies available to the Department or to the State agency, said agency shall have the right and authority to withhold further transfers of Government Surplus Properly to our Institution If we fall at anytime. (a) Abide by the above terms and conditions and (b) promptly pay just service and handling charge fees assessed by the state agency. CITY OF ASHLAND Council Communication November 5, 2013, Business Meeting Downtown Parking Management and Multi-modal Circulation Advisory Committee Appointments FROM: Michael R. Faught, Public Works Director, faughtm@ashland.or.us SUMMARY The Mayor is seeking City Council ratification of his appointments to a new Downtown Parking Management and Multi-modal Circulation Advisory Committee. The Committee will work with the City's hired consultant on a plan to address parking, delivery truck, multi-modal and streetscape issues downtown. BACKGROUND AND POLICY IMPLICATIONS: Pursuant to a recommendation in the recently adopted Transportation Systems Plan, the City has hired the University of Oregon's Community Service Center (CSC) to conduct a new downtown parking management and multi-modal circulation study. The CSC has already begun collecting data in the downtown area. They are now prepared to begin working with the City's appointed advisory committee to complete their work. The Mayor is recommending that the Council create a Downtown Parking Management and Multi- modal Circulation Ad Hoc Committee with members appointed by the Mayor, subject to Council ratification. A scope of work has been developed for the committee and is included as an attachment. The proposed committee will include 13 voting members and eight to nine ex officio members as recommended below: Ex Officio (non-voting) Members (8-9) 2 Chamber of Commerce Staff members: Sandra Slattery and Katherine Flanagan 1 Trucking expert: Mike Gardiner 3-4 City Staff: Community Development Director or designee Public Works Director or designee Finance Director or designee (Optional) City Administrator or designee 2 City Council Liaisons: Dennis Slattery and Rich Rosenthal Regular Members (13) 2 Chamber of Commerce Board Members: Lisa Beam and Marie Donovan 2 Planning Commissioners: Michael Dawkins and Rich Kaplan 2 Transportation Commissioners: Dave Young and Craig Anderson Page I of 2 Or, CITY OF ASHLAND 7 Stakeholder members: • John Williams • Emile Amarotico • Joe Colonge • Pam Hammond • Liz Murphy • John Fields • Cynthia Rider Stakeholder Members representing the following areas: • Merchants/Business Owners-Managers • Property Owners • Downtown Residents • OSF • Plaza • Uptown (i.e. Library area) • Pioneer/A Street • Fourth/A Street • Residential Neighborhoods • One Citizen At Large from anywhere in Ashland. (Any Regular Member can be counted toward meeting Stakeholder representation goals.) It is recommended that the committee meet during daytime hours, once a month minimum and occasionally as often as once a week, for two to three hours. Lifetime of the committee is estimated to be 12-18 months. Committee meetings will take place in and around downtown (as defined by the attached map) and will be open to the public. Each session, unless previously noticed, will include the opportunity for public input. City staff will record minutes, which will be published on the City website. Staff will use Open City Hall as a tool for citizens to provide input online. FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends Council establish the new Downtown Parking Management and Multi-modal Circulation Ad Hoe Advisory Committee and confirm the Mayor's appointments to the committee. SUGGESTED MOTION: Move to establish a new ad hoc Downtown Parking Management and Multi-modal Circulation Advisory Committee and confirm the Mayor's appointments to the committee. ATTACHMENTS: 1. Committee Scope of Work 2. Consultants Contract 3. Map of Downtown Parking Study area Page 2 of 2 Downtown Parking Management and Circulation Study Ad Hoc Advisory Committee Scope of Work The downtown parking and circulation study ad hoc advisory committee will work with the City's hired consultant to evaluate findings and recommendations regarding downtown parking management, truck loading zones, travel demand management and other transportation alternatives identified in the transportation system master plan. The committee will review information and data collected by the consultant, and identify, prioritize and provide input to the consultant on goals and concerns relating to these issues. Specific issues within the committee's purview include, but are not limited to: • Parking management (pricing, signage, structures, turnover, etc.) strategy • Delivery management strategy • Multi-modal (bike parking, bike lanes, transit, pedestrian travel and safety) • Downtown streetscape recommendations The advisory committee will provide critical planning and policy input that will guide the City to defining goals, objectives that maintains or improves the economic vitality of Ashland's downtown core. The committee meetings shall be governed by the City of Ashland uniform policies and operating procedures for advisory boards and commissions (AMC Chapter 2.10). The advisory committee will use the objectives contained in the transportation element of comprehensive plan and the adopted transportation system plan to evaluate potential policies, programs and/or solutions. The advisory committee chair shall make sure that each meeting agenda includes time for public input. RESEARCH SERVICES AGREEMENT NO. 20276 This research services agreement ("Agreement") is between the City of Ashland, Oregon ("Client"), and the University of Oregon ("University"). 1. Scope of Work University will perform the services described in Exhibit A - Scope of Work (the "Work"). 2. Period of Performance This Agreement is effective when signed by both parties and will terminate on 9/30/2014. 3. Payment A. Fixed Fee. Client will pay University a Fixed Fee of $35,000.00 for performance of the Work. B. Payment Schedule and Address. Client will make payments according to the following schedule. 1. Schedule. Client will pay University $10,000.00 of the fixed fee upon execution of this Agreement. Client will pay University interim payments based upon Work completed as of 12/3,1/2013, 6/30/2014, and upon completion of the Work at the rates included in Exhibit A. 2. Payment Address. Client will submit payments to: University of Oregon c/o Cashiers PO Box 3237 University of Oregon Eugene, OR 97403-0327 4. Funds Available and Authorized Client certifies at the time of signing this Agreement that within Client's current appropriation or limitation it has sufficient funds available and authorized for expenditure to cover all payments this Agreement requires. 5. Termination Both parties may mutually agree to terminate this Agreement at any time. Either party may terminate this Agreement with 30 calendar days written notice to the other party's Business Contact. If Client terminates this Agreement, it will pay University for services rendered, work performed, non- cancellable obligations created, and costs incurred up to the date of termination. 6. Ownership of the Work Product A. University Work Product. All work product University produces under this Agreement is the property of University. University grants to Client a royalty-free, non-exclusive, non- commercial and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, that work product. B. Client Work Product. All work product Client produces under this Agreement is the property of Client. Client grants to University a royalty-free, non-exclusive, non-commercial and irrevocable license to reproduce, publish, and otherwise use that work product. Page I of 4 C. Joint Work Product. Client and University arejoint owners of and both may reproduce, publish or otherwise use, and to authorize others to use, for non-commercial purposes work product produced by both parties jointly under this Agreement. 7. Disclaimer UNIVERSITY DISCLAIMS ANY AND ALL WARRANTIES BOTH EXPRESS AND IMPLIED WITH REGARD TO UNIVERSITY'S PERFORMANCE OF THE WORK AND ANY DELIVERABLES UNIVERSITY PRODUCES UNDER THIS AGREEMENT, INCLUDING THEIR CONDITION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS THEREIN, THEIR MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, VALIDITY OF ANY INTELLECTUAL PROPERTY RIGHTS OR CLAIMS, OR NONINFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. 8. Insurance University is self-insured under ORS Chapter 351, with adequate levels of excess liability insurance. 9. Notice and Contacts A. Notices. Except as otherwise expressly provided in this Agreement, the parties will provide any communications or notices in writing by personal delivery, facsimile, first-class mail (postage prepaid) or email to the other party at their address set forth below unless either party has designated a different contact with a previous notice. B. Effective Date. All notices a party mails are effective three (3) days after the parry mails the notice. All notices a party sends by facsimile or email are effective when the transmitting machine generates receipt of the transmission. All communications or notices a party delivers in person are effective when that party actually delivers the notice. C. Contacts. Communications concerning work to be performed under this Agreement will be sent to: Client (Technical) University (Technical) Michael Faught Robert Parker 20 E Main Street 1209 University of Oregon Ashland, OR 97520 Eugene, OR 97403-1209 (541) 552-2410 (541) 346-3801 faughtm@ashland.or.us rgp@uoregon.edu invoices and communications in regards to this Agreement will be sent to: Client (Business) University (Business) Same as Technical Contact Sponsored Projects Services 5219 University of Oregon Eugene, OR 97403-5219 Phone: (541) 346-5138 saonsoredproiectsAuoregon.edu 10. Confidential Information "Confidential Information" is any materials, written information, and data that the Client marks "Confidential" or non-written information and data that the Client discloses and identifies at the time of disclosure to University as confidential and later reduces to writing and transmits to University within 30 days of their non-written disclosure. University agrees to use the same degree of care it uses Page 2 of 4 to protect its own confidential information and, to the extent permitted by law, including but not limited to the Oregon Public Records Law, to maintain as confidential for a period of 3 years the Confidential Information Client discloses to University under this Agreement. University's obligations in this section do not apply to information in the public domain or that University independently knows or obtained. 11. Publicity Client will not authorize or commission the publication of any promotional materials containing any reference to University without University's prior written approval. University may include Client's name in listings of research sponsors. 12. Independent Contractors University and Client are independent contractors and nothing in this Agreement creates a partnership, agency, or joint venture between the parties. Neither party has the power to bind or obligate the other in any manner, other than as this Agreement expressly sets forth. Each party is responsible for wages, hours.and conditions of employment of their respective personnel under this Agreement. 13. Choice of Law The laws of the State of Oregon govern this Agreement. 14. Indemnity A. University. To the fullest extent permitted by the laws of the State of Oregon, University will protect, indemnify, and save Client harmless from and against any damage, cost or liability for any or all injuries to persons or property arising from University or its employees' or agents' negligent acts or omissions. B. Client. To the fullest extent permitted by the laws of the jurisdiction in which Client's headquarters is located, Client will protect, indemnify, and save Oregon harmless from and against any damage, cost or liability for any or all injuries to persons or property arising from Client or its employees' or agents' negligent acts or omissions. 15. Sovereignty Nothing in this Agreement is a waiver of Oregon's sovereign or governmental immunities. 16. Severability If a court of competent jurisdiction determines any term or provision of this Agreement is invalid or unenforceable to any extent, it will not be affect the remainder of this Agreement, and each term and provision of this Agreement will remain valid and enforceable to the fullest extent law allows. 17. Compliance University agrees to comply with all applicable Federal and state laws, including but not limited to those regarding nondiscrimination in employment because of race, color, ancestry, national origin, religion, sex, marital status, age, medical condition, or disability. 18. Non-Waiver If either party fails to enforce any provision of this Agreement it does not constitute that party's waiver of that or any other term or provision of this Agreement. 19. Execution and Counterparts The parties may execute this Agreement in counterparts, and via facsimile or electronically transmitted signature (i.e. emailed scanned true and correct copy of the signed Agreement), each of Page 3 of 4 which the parties will consider an original and all of which together will constitute one and the same agreement. At the request of a party, the other party will confirm facsimile or electronically transmitted signature page by delivering an original signature page to the requesting party. 20. Entire Agreement; Modification This Agreement, including all exhibits and attachments, constitutes the sole agreement between the parties with respect to is subject matter. The parties may only amend it in writing signed by an authorized representative of each party. CLIENT UNIVERSITY OF OREGON Signature Signature %A46 I<N rt rttf 2 Anal inda Camacho Name Name GIr7'hOrtl,-457[ZAV-cX - Director,, Sponsored Projects Services Title Title q 713 7~ • Z~-/_ 7 Date Date Tax ID No. Tax ID No. Exhibit A - Scope of Work Page 4 of 4 which the parties will consider an original and all of which together will constitute one and the same agreement. At the request of a party, the other party will confirm facsimile or electronically transmitted signature page by delivering an original signature page to the requesting party. 20. Entire Agreement; Modification This Agreement, including all exhibits and attachments, constitutes the sole agreement between the parties with respect to is subject matter. The parties may only amend it in writing signed by an authorized representative of each party. CLIENT UNIVERSITY OF OREGON Signature - Signature ~qJS IC(}, l C (C Anal inda Camacho Name Name r-c" NOrl,a g S, fL6eM fL Director. Sponsored Projects Services Title Title $~"'Ir3 x•7.7=/] Date Date Tax ID No. Tar ID No Exhibit A - Scope of Work fPROVVETO FORM Date Page 4 of 4 Exhibit A Scope of Work: Ashland Downtown Parking Management and Business Development Analysis This scope of work outlines research and public engagement activities related to management of parking and business development in downtown Ashland. The Scope of Work describes how the University of Oregon Community Service Center (CSC) will approach the project, outlines specific tasks, and a project schedule and budget. OVERVIEW In February 2013, the City of Ashland contacted the Community Service Center to conduct research and policy analysis related to parking management in Ashland's downtown core. The city's summarized the project as follows: The City of Ashland will conduct a downtown parking and multimodal circulation study to review pedestrian, bicycle and vehicle circulation and vehicle and truck parking within the downtown corridor. The study will evaluate the effectiveness of existing downtown parking management, truck loading zones and travel demand management strategies to increase overall accessibility to downtown for tourists, citizens, students and employees. The study will also evaluate alternatives generated during the Transportation System Plan update analysis phase which included bicycle lanes and wider sidewalks on East Main Street through the downtown corridor. The effort will be informed by previous work and will address several previously identified issues. Previous work has identified a number of issues related to parking: • Concern that the existing supply is currently "at capacity" during peak days and seasons. • Suspicion that employees are using core area short-term parking, thereby reducing "capacity" for customers and visitors. • A desire to balance short-term "retail" parking, theater patron and employee parking demand in a manner that continues to support downtown vitality. • A desire to make best use of off-street facilities both in and outside of the core area. • The need for a better system/plan for communicating parking to users (e.g., signage, marketing). • Concern that "pricing" parking will have a negative effect on customer traffic. • The need for a plan that assures maximum utilization of the supply to meet intended uses. 1209 University of Oregon I Eugene, Oregon 97403 1 T: 541.346.3889 1 F: 541.346.2040 A 2011 white paper prepared by Kittleson & Associates concluded that many of the improvements identified have yet to be implemented in Ashland and therefore, are still relevant projects to work towards implementing. Moreover, the data collected in previous studies is old and needs to be updated. PROJECT APPROACH This project requires a mixture of land use, transportation planning, transportation engineering, and public involvement skills. CPW has expertise in all of the areas with the exception of engineering. We don't perceive that as a significant limitation; close communication with city staff will allow us to develop the data that city transportation engineers need to complete any required technical analysis. This project is typical of planning projects: it has a significant data collection phase that is intended to inform local policy decisions. As such, this project needs to include an objective data collection phase and a robust public process. The data collection will focus on an inventory of parking as well as parking use. The process could include establishing a project advisory committee, surveys, focus groups, and public workshops. The intent of the data collection and public process is to develop a comprehensive understanding of parking use and downtown access and clearly communicate that to the community. The process will also identify policy options through literature review and case studies. These options need to be clearly articulated and vetted through the project advisory committee who will make recommendations to the city Planning Commission and/or City Council. Based on discussions with city staff, the project will take 18 to 24 months to complete. Our work program addresses the initial 12 months of the project. While this is not a particularly large project, it has a lot of elements and public engagement is crucial to bringing the process to policy decisions. Our approach for projects such as this one is to (1) work closely with staff throughout the project to ensure we are meeting local needs and making adjustments that reflect our collective best thinking, and (2) providing interim products that serve as a foundation for moving the overall effort forward. The second will be important in this project because it will involve multiple policy decisions that may include parking management and fees, transportation and circulation, and land use. SCOPE OF WORK The CSC research team will work under the direction of Robert Parker, (Director) and will include Michael Howard of the CSC staff and graduate students at the University of Oregon. The scope of work outlines the key task and deliverables CSC will produce. Task I. Project Kick-Off After the execution of a service agreement, CPW will meet with City staff, and the Project Advisory Committee (Task 2) to review the Scope of Services. The purpose of the meeting is to Ashland Downtown Parking and Business Development Project SOW June 2013 Page 12 clarify project goals and objectives, adjusting the project approach and schedule accordingly, and to gather relevant data and documents. We propose to combine this with an initial field data collection effort. Schedule: Within the first month Product(s): Meeting minutes - Meetings: 1 with staff and other interested parties Task 2. Project advisory committee Because community involvement is importation early and often in projects that have policy implications, the city would establish a project advisory committee (PAC) which CSC would facilitate over the project cycle. For this phase of the work program, we propose 6-8 meetings with the committee to process the data and explore policy options. We will work with staff to develop an overall strategy that includes a schedule and topic list for the PAC meetings. The schedule and topics will correspond with key data collection and analysis tasks described in this work program. Schedule: Ongoing Product(s): Meeting minutes Meetings: 6-8 meetings with the PAC Task 3. Update parking inventory Having an accurate database of information to build from is important. This task will build from existing city and other data sources to develop a comprehensive parking inventory within the downtown study area. CPW suggests validating the inventory through field work. Schedule: Summer 2013 Product(s): Parking inventory (chapter in report) Meetings: none; field work may be combined with Task 1 kick off Task 4. Parking utilization analysis Having good data on parking utilization will be important to developing a better sense of the types of parking issues that exist, and what policy options might be considered to address them. The nature of users (e.g., visitors, residents, employees, etc.) and the seasonality of use are important considerations in developing a method for parking utilization. To determine utilization, we propose to send students out in the field at specific times to document utilization. We propose to use a systematic approach to conducting the utilization analysis that samples across days of the week, time of day, and potentially season. The analysis should keep specific data about parking availability in downtown, potentially using GPS to document open sites throughout a predefined study area. Schedule: Initial work in Summer 2013; specific dates of monitoring will be determined through consultation with city staff Ashland Downtown Parking and Business Development Project SOW June 2013 Page 13 Product(s): Parking utilization analysis (chapter In report Meetings: none Task S. Trafficipedestrianlbicycle counts and infrastructure inventory This task has two components (1) traffic, pedestrian and bicycle counts, and (2) an inventory of key bicycle and pedestrian infrastructure. We will use historic data on traffic provided by the city. Pedestrian and bicycle counts would be conducted through observation and could be combined with the parking utilization study. This task will include a more detailed update of the inventory presented in the 2001 Ashland Downtown Plan. CPW will conduct a walkability analysis of the study area (and surrounding neighborhoods if desired) including variables such as sidewalk density. Schedule: Initial work in Summer 2013; specific dates of monitoring will be determined through consultation with city staff; field work will be combined with Task 4 Product(s): Inventory and counts (chapter in report) Meetings: none Task 6. Community and business survey CPW has conducted hundreds of surveys as part of our project work. We specialize in mail and online surveys. We propose to conduct two surveys as part of this project: (1) downtown businesses; and (2) Ashland residents and visitors. 6.1 Business Survey (funded through CSC grant) We propose to conduct an online survey of Ashland businesses. CPW will work with city staff and the Ashland Chamber of Commerce to develop as comprehensive list of downtown businesses as possible. The survey will be conducted online using the web survey hosting software Qualtrics. CPW will work closely with staff and the PAC to identify specific questions to include on the survey. we will pilot test the survey with a small number of potential respondents (3 to 5) and make any final changes based on comments. We will then administer the survey via an email with a link (the email could either come from CPW, the City or the Chamber). We will contact potential respondents up to four times to improve response rates. We will then analyze the survey and present the results to city staff and the PAC. 6.2 Online resident/visitor survey As a step to increase community input in the process, we propose to conduct an online "convenience" survey. A convenience survey is a non-random sample methodology that is available to anyone interested in providing input. Such surveys are good for scoping issues or brainstorming policy options. Because they are not random, the results cannot be inferred to the entire sample population. The process for developing and administering the online survey would be similar to that of the business survey. Ashland Downtown Packing and Business Development Project SOW June 2013 Page 14 Schedule: Summary/Fall 2013; analysis in Winter 2014 Product(s): Survey summaries (appendix to report) Meetings: none Task 7. Community engagement The project concept provided by the city included a task to organize and several public outreach meetings at certain stages of study development. CPW proposes to work with staff to develop a public outreach strategy that could include key person interviews, focus group meetings, and public workshops. The specific community engagement approach will need to fit within the budget constraints. Schedule: Ongoing Product(s): Community engagement strategy; implementation of the strategy Meetings: TBD Task B. Policy Evaluation This project will require the identification and vetting of policy options to the project advisory committee. These options come from literature reviews, case studies, and interaction with staff. Successful programs used in other jurisdictions are often a good starting point; however, they need to be customized to address local objectives, capacity, and politics. The advisory committee process will include identification and preliminary evaluation of policy options. We will work with staff to identify the specific policy options to take to the committee, but they will focus around parking supply, parking management, circulation, alterative mode infrastructure and access, and potentially other issues. Schedule: Ongoing Product(s): Policy options presented to PAC Meetings: combined with PAC meetings Task 9. Presentations to Planning Commission/City Council (Optional) CPW can be available for presentations to Planning Commission and/or City Council. We estimate the cost at approximately $1000 per meeting. KEY DELIVERABLES • Produce and conduct a community survey and a business survey that will address parking, truck loading and pedestrian, bicycle and vehicle circulation in the downtown corridor. (CSC) • Collect and analyze community input. (CSC and City) • Develop and conduct public outreach, marketing and education campaigns for development of study. (City) • Organize public outreach meetings at certain stages of study development. (CSC and City) Ashland Downtown Parking and Business Development Project SOW June 2013 Page 15 a Arrange and facilitate meetings with an appointed technical advisory committee that will consist of three members-at large, members of the downtown committee, city staff and three members each from the transportation and planning commissions. Take meeting minutes and submit to city staff. (CSC and City) . • Conduct traffic/pedestrian/bike counts at the direction of the traffic engineer. (CSC) • Create a website that includes the downtown study information and survey. (City and CSC) • Provide electronic and hard copies of all draft and final documents, maps, tables, etc. used and built for study. (CSC) CPW will compile the results of Tasks 1 through 8 into a draft and final report and implementation plan. CPW will provide city staff and the PAC with the draft report for review and comment. BUDGET AND SCHEDULE CPW proposes to complete the tasks outline in the scope of work for a fixed fee of $35,000. Table 1 summarizes the project budget. Note that the CSC will cover the costs of Task 6 through other CSC funds. f Ashland Downtown Parking and Business Development Project SOW June 2013 Page 16 Table 1. Project budget Category Total Labor Task 1: Project Kick-Off $500 Task 2: Advisory Committee $6,000 Task 3: Update Parking Inventory $2,000 Task 4: Parking Utilization Analysis $2,000 Task 5: Use counts and infrastructure inventory $3,000 Task 6: Community and business survey Task 7: Community engagement $6,000 Task 8: Policy evaluation $5,000 Task 9: Presentations (optional) - Subtotal $24,500 Direct Travel $2,000 Printing of final documents $130 Supplies for meetings $150 Subtotal $2,280 Univeristy Overhead (@30.7%) $8,220 TOTAL $35,000 Task 6 funded through other CSC sources CPW is available to initiate work on this project in the summer of 2013. Figure 1 shows a tentative project schedule. Figure 1. Proposed project schedule Task Aug Sep Oct Nov Oec Jan Feb Mar Apr May Jun Jul Aug Sep Ott Nov Dec Task 1: Project Kickoff I Task 2: Advisory Committee I Task 3: Update Parking Inventory Task 4: Parking Utilization Analysis _ Task 5: Use counts and lnfmstruau re Inventory Task 6: Community and business survey j , Task 7: community engagement Task B: Policy evaluation . Task 9: Presentations (optional) Ashland Downtown Parking and Business Development Project SOW June 2013 Page 17 01 UNIVERSITY OF OREGON RECEIVED August 5, 2013 AUG 0 9 2013 To: Betsy Harshman City of Ashland RE: Research Services Agreement #20276 Enclosed is/are 1 copy(ies) of the referenced agreement signed on behalf of the University of Oregon. d Please return a fully executed copy by email (preferred), mail or fax to the addresses below for our files. P, We are submitting a fully executed copy for your files. l7 We have retained a fully executed copy for our files. l7 Please note and initial change(s) and return a fully executed copy for our files. O Complete Article 19 ❑ Complete and sign Exhibit D, A-133 Certification and return a copy for our files. ❑ Complete and sign Exhibit E, FFATA and return a copy for our files- 1 Please return a copy of your most recent F&A Rate Agreement. 0 Please have all copies signed by an authorized individual and returned to the person indicated below. A fully executed copy will be returned for your files. O Please provide documentation of approval by IRB for use of human subjects. O If applicable please provide documentation of approval by IACUC for use of animals. SPECIAL COMMENTS: Thank you! Please direct any inquiries regarding the above referenced document to: D Post-Award Team A © Mage Burmer Contracts Specialist mage@uoregon.edu (541) 346-7754 1 0 Post-Award Team B O Post-Award Team C 'l1 you have any questions/concerns, or believe these documents have reached you in error, please contact Mage Burmer at (541) 346-7754 or the SPS main-line at 541-346-5131. Thank you. SPONSORED PROJECTS SERVICES 5219 University of Oregon, Eugene, OR 97403-5219 T (541) 346-5131; F (541) 346-5138 SponsoredProjects@uoregon.edu; http://orsa.uoregon.edu/ An equal opportunity, amnnative aclion institution commilled to cultural diversify and compliance with the Americans wib Disabilities Act 161 8 4A JAI, Jill 1 0 1? to to SAW 41V f IF MW or FA ~ w 11 r: ri. Iftor # 44F Rao 4W oft a s i A.,'~; ~rF ~oI 4~ . • vffmgw w - Wail I fi; III s 'IL ~Mb." ail ~ , ° , o ' 1f153tlT1IN omit ji s Ads: \ . ~ . P~ a ' 45# W* 4VF 411 41k r 1I mvnnr+vn~, • ` f"~ ~ M ~~P ~V ~i1 ° • I D Oo • ` 49 o A~~ ~ ~ w~ yr► ~ ~ ~ ~ ~ r, . ~4 °1R,. ;,a-_,-- , -Ab CITY OF ASHLAND Council Communication November 5, 2013, Business Meeting Placing a Lien on a Property at 707 Heiman Street as a Result of Unpaid Assessments for Weed Abatement FROM: Margueritte Hickman, Division Chief, Fire, hickmanm@ashland.or.us SUMMARY In 2012, Ashland Fire & Rescue conducted weed abatement at the property at 707 Helman after failing to get voluntary compliance from the property owner. The property owners were sent a bill in the amount $699.05, which included the abatement, administrative time and mailing costs. The property owners have failed to pay the amount of the abatement. Placing a lien on the property is the city's last recourse in collecting costs for abatement in accordance with AMC 9.04.050. The property lien is in the amount of $1,012.56, which includes actual abatement costs and administrative costs. BACKGROUND AND POLICY IMPLICATIONS: Ashland Fire & Rescue began managing the weed abatement program in 2009. Since that date, staff has proactively inspected all properties within the wildfire hazard zone. Properties throughout the rest of the city have been inspected based on complaints or known parcels that consistently present a hazard. Ashland Fire & Rescue has placed a priority on education and has used the City Source, signs, news media and city website to promote the weed abatement effort and its benefits. Approximately 700 educational letters are sent to owners of vacant properties, frequently absentee landowners, who would not likely receive information from the previously listed sources. Each year since 2009, Ashland Fire & Rescue has made attempts to gain voluntary compliance on the property owned by Bruce and Robin Robertson at 707 Helman. Since 2009, weed abatement has been completed in only one season, and then by a family member not affiliated with the property. The balance of the years, Ashland Fire & Rescue has spent many hours making efforts to work with the timeframe of the property owner, which has resulted in failure to abate. The fuels on this property have included overgrown grass and blackberries that threaten not only the Robertson's property and house, but also the neighbors' properties. These are the same kind of fuels found in the field where the Oak Knoll Fire started in 2010. There are three owners listed for the property. The adult daughter lives on site, but the parents do not. Even with an owner living on site, it has been difficult to find someone present to provide service of notices to. Registered return receipt mail is refused, and a current address or phone number for the parents has not been readily available. Page I oft 11FAI&, CITY OF ASHLAND During the 2012 weed abatement season, Ashland Fire & Rescue worked diligently to gain compliance with the property owner, and has kept detailed records of actions, which included contact with multiple property owners both in person and by phone. Ashland Fire & Rescue followed all procedures required for noticing and serving the owner in accordance with AMC9.04.050. After the property owner again failed to abate the weeds, Ashland Fire & Rescue worked closely with Ashland Police Department to successfully serve citations. The owners never contacted the court, and the fine is outstanding. A bill for restitution was also sent to the owners, but no payment was received. Ashland Fire & Rescue feels that reasonable efforts have been made to gain payment for restitution of the abatement, and that placing a lien on the property is the last available option based on the Ashland Municipal Code. It appears that the efforts that have been made on this property over the last five weed abatement seasons have paid off. This year, the property owner completed abatement. While it was not by the weed abatement due date, and an abatement notice had to be sent, the owner and their representative worked with the Weed Abatement Coordinator to complete the abatement. Completing the collection of the abatement costs will further demonstrate that the City is serious in the abatement process. FISCAL IMPLICATIONS: By placing a lien on the property, the city will recoup the costs associated with this abatement at some point in the future when the property is sold. Weed Abatement is budgeted for in the Fire Department budget in the amount of $2000. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends proceeding with placing a lien on the property at 707 Helman. SUGGESTED MOTION: I move that a lien be placed on the property at 707 Helman in the amount of $1012.56 for both the administrative and abatement costs in accordance with AMC 9.04.050. ATTACHMENTS: Restitution Statement Abatement Documents I Page 2 of 2 ~r, C I T Y OF RESTITUTION MA ASHLAND STATEMENT Ashland Fire & Rescue 455 Siskiyou Boulevard Ashland, OR 97520 DATE, September 11, 2013 (541) 482-2770 - Fax (541) 488-53 INCIDENT Bruce & Robin Robertson COi I IEN1S Lien Restitution Ltnry ss Robertson Weed Abatement - 707 Helman 707 Helman Street Ashland, OR 97520 Description Hours ffiRa[e Total Weed Abatement Costs 699.05 Staff - Fire Division Chief 2 73.63 147.26 Staff - City Attorney 1.75 95.00 166.25 TOTAL 1,012.56 Date -7- 17 Zoq- p Property Owner Robe(I htucr-. iZ Zo(t;,, C I T Y O F or -AS H LAN D Tenant ~f Site Address: 7p 7 I-I c I w o v, , ASHLAND, OR Map Lot j ~9 I F LI IS C l 0o RE: NOTICE TO ABATE WEEDS & GRASS Dear Property Owner: The City of Ashland faces many challenges in managing the fire threat in and around our community as witnessed by the devastating Oak Knoll Fire in 2010. In an effort to reduce the fire hazard throughout the City of Ashland, especially during fire season, the City of Ashland has adopted a weed abatement ordinance. This ordinance requires the mowing of weeds and grass to a maximum height of 4 inches before June 15 and to maintain them at that height throughout the fire season. On arecent inspection; your property as referenced above was found to be out of compliance with this ordinance.. t yi~ty sw, This letter is to provide nc,696 of your responatbtti to abate ~theli~eeds whichh constitute a fire hazard. This is the only notice that you will receive Ashland MdntcipaLfCode 904`020 re4utre q, owner, agent of owner and/or occupant of any lot or parcet df tand }thin'the city limits of'Ashlandl o"cut anr]'',remove weeds which constitute a fire hazard. Removal is rewired to occur between May lath and Jutie 15th of each year. On -7 - 17 - Zu 12, the property identified above was found to have standing flamtnalile vegetation still, requiring abatement. Please seethe enclosed flier f9i-5pectftc require ents for abatement. V. I t r - ;mss This notice advises that yyou•have 10'd s to abate the hazard If thf)azard is not aliaied by midnight on o Z- 26 - Zo t 2~1 l f the'4b lowing will occur j ~ • The City of Ashland\ ll abate the hazard and bill yoh;fu the pctual costto£the;abatement including the removal of the flammabl§ vegetation plusAc admmtstradve' ~d is to'process1ha'abatement. Estimated cost for the removal of gears from `a half ac[e parcel tsl$200.00, and adtnintstrattve costs are estimated to be $120 per parcel. The total ca`,st st ate Qf $320-)O,are sub'e to cltange d e g on actual costs experienced. Ff pp~W. Failure to pay the abatelp611 hhlfrges it ll will result in a Tien against thq said property. • You will receive a citatiMt fiij aN ure to atiite the, Ed'dII re oacttvFto Jupe 16, 2011. The penalty for this civil violation shall not ek~oeed $500 for each apd eVer7 da ..'4t he violation occurred. • The City will need to gam entrance,to the property olely for tlle,piupo'se of abating the weeds. A consent form is enclosed that can be signed to gtvc thalG~tty consent to"enter the property; this form must be signed and returned to the City by .Failure to return the consent form to the City will be deemed a refusal to let city personnel andiepresentatives enter the property to abate the weeds; at that point the City will request a warrant from the court to gain authorization to enter and abate the weeds. You may protest this weed abatement order by giving written notice to the City Records within 10 days from the date of service of this notice. Please report abatement completion by the date referenced above by calling 541.482.2770 during business hours at or email cutweedsna,ashland.or.us and provide the property address, property map identification and tax lot, and your name and phone number. Sincerely, ASHLAND FIRE & RESCUE 455 Slsklyou Boulevard p', Ashland, OR 97520 /ta (541) 482-2770 • Fax (541) 488-5318 TTY: 800-735.2900 reineo0e111MUl enven CITY OF ASHLAND Notice to Abate Forms Posted On this date, - 1 Zat the time of I, Tim Dundas, Weed Abatement Coordinator for Ashland Fire and Rescue posted a notice to abate weeds regarding the following property. Address: 707 M m ewe Ashland, OR 97520 Physically posted to address: j On Door ❑ On tree or post ❑ Stake ❑ Other: ❑ Delivered inlperson to: ❑ Owner ❑ Renter ❑ Other: ASHLAND FIRE & RESCUE 455 Siskiyou Boulevard Ashland, OR 97520 /r (541) 482-2770 • Fax (541) 488-5318 TTY: 800-735-2900 PRINTED ON RJoMLEO PMER ASHLAND MUNCIPAL CODE VIOLATION REPORT "WEED "ATEMENV Bruce & Robin Robertson, owners Emryss Robertson, tenant 707 Heiman Street The weed abatement process for this property began on July 12, 2012. After posting a notice on the door of the structure, Weed Abatement Coordinator Tim Dundas received a call from the tenant and owner's daughter, Emryss Robertson regarding the notice. Because this confirmed the notice was received, no notice was mailed. The Robertson's have failed to comply with weed abatement requirements this year and since 2009. While the tenant or owners made effort to begin the weed abatement process, it was never completed even after attempts to contact them and advise them of what needed to be completed. The Robertson's home is located on the top of a hill at the intersections of Randy and Laurel Streets. It has become overgrown with both native and domestic vegetation and presents a fire threat to the neighborhood during fire season. Even after several attempts to contact them were made, the Robertson's failed to complete weed abatement. The City abated the property through a contractor on August 28, 2012. By August 28, southern Oregon was already in extreme fire danger, and mowing of dry grass was shut down at 10 a.m. The abatement process took longer and created a greater threat than it would have in June. Attempts were made during both days of abatement to serve a citation to Emryss Robertson, however, she refused to come to the door. A bill for the cost of abatement, $699.05 was sent to each of the Robertson's on October 11, 2012. While we have other methods of levying this, the court could require the defendants to pay restitution to the City in the amount of $699.05. The goal of Ashland Fire & Rescue is to gain compliance from the Robertson's each year prior to June 15. A citation has been written to each of the owners and to the tenant. The fine could have been written for more than 75 days; however, it was only written for one week. Greater leniency is likely appropriate, however a fine of at least two days assessed on one of the responsible parties will be enough to inspire them to comply next year before this date. Ashland and Southern Oregon experience severe fire conditions every summer. By removing weeds and grass in the early summer, hazardous conditions near homes throughout the city and near the watershed can be significantly reduced creating a safer environment for the citizens of Ashland and firefighters who respond to the area. The Ashland Municipal Code 9.04.024 requires the removal of weeds, grass, bushes and shrubbery which constitutes a fire hazard. This vegetation is required to be removed by June 15°i each year. AMC 1.08.020 addresses the penalties for violating this ordinance. /iM,7 MArgudItte LR Hickman Date Division Chief / Fire Marshal Ashland Fire & Rescue Code Violation Report for Court -707 Heiman - 100812 Page 1 of 1 CITY OF Series of events regarding 707 Helman for weed abatement ASHLAND 7-12-2012: I initially inspected the property. Found to be out of compliance with tall dry grass j and weeds over much of the property. Notice to abate letter, consent to enter form, educational flyer and my business card were posted to the door. Abatement due date of 7-31-2012. 7-12-2012: Contacted utility billing to see if there was an alternate mailing address or phone number for the property. I was given a possible contact of Pete Baumann at (541) 708-1255. I was told he is listed as one who is paying bills. I called his number and left a message. 7-13-2012: Received a call back from Pete Baumann. He gave me a brief history of the occupant (Envy) and gave me her phone number of (541) 200-8374. He stated that he has paid the bills for 1 her so she would have water and electricity etc, but he has no further responsibility to the property. He also indicated that he had been in contact with Emy and said that she had gotten the L paper off her door. 7-13-2012: Message left for Fray at (541) 200-8374 7-13-2012: Left a message for Bruce Robertson at his new number (541) 708-1255 7-18-2012: Receiveda call back froniEmy. We had a conversation about the requirements. I was able to confirm that she had gotten the papers from her door. She stated that she would get people out and get the job done. I offered to come by at any time to inspect or clarify what needed to be done. This was also the date .1 had scheduled to mail the notice'by certified mail. Because I had confirmation that she had received my posted notice, I declined to mail a letter) 8-1-2012: Re-inspection failed, I met with Emy in person at the property and verified that progress had been made. Someone had beeri hired to come 'in and had successfully abated a 30 foot perimeter around the house ;I informed Emy that the perimeter. still needed to be cut and we walked the entire property and I was veryspecific on what needed cut.. I gave her an extension Z until 8-10-2012 and informed her that I would be back to re-inspect. If the job was not complete, I would issue a citation. 8-13-2012: Received two phone messages from Bruce Robertson in the late afternoon. He stated he would try again in the morning. I called back and left a message. 8-14-2012: Attempted two more times to contact Bruce Robertson by phone. One message left asking him to contact me as soon as possible. I did tell him that if I don't hear back, the city would have to take further action to get the property abated. 8-15-2012: Re-inspection failed. Minimal work had been done. Pictures of property not yet taken. ASHLAND FIRE & RESCUE 455 Slsklyou Boulevard Ashland, OR 97520 (541)482-2770• Fax (541) 488-5318 TTY: 800-735-2900 PRIM ON ROOMED PIPER CITY OF ASHLAND 8-20-2012: Re- inspection with Fire Marshal. Pictures taken and we attempted to contact the resident. We knocked several times on front door, no response. We were unable to issue a 1 citation because there was no contact with the resident. 2 8-20-2012: Left a message for Emy on her phone asking her to call me back and schedule a time we could meet at the property. ASHLAND FIRE & RESCUE 455 Siskyou Boulevard Ashland, OR 97520 (541) 482-2770 • Fax (541) 488-5318 TTY: 800-735-2900 RRMTEe ON ROME ED POAR F CITY OF August 30, 2012 ASHLAND To: Ashland Municipal Court Regarding case #121700131 Certificate of completion for work at the following address as allowed by an administrative warrant: 707 Helman Street Ashland. OR 97520 The following events took place at the address described above to bring the property into compliance regarding weed abatement: 8-28-2012: 0813: A copy of the,signed.wanant was physically posted to the front door and pictures taken. Three attempts to contact the resident were. 'made by knocking on two different doors. No contact was made. 0822: Weed abatement begun by Aaron's' Lawn•Service. 0915: Additional :attempts to, contact the resident were'made by the Fire Marshal Marguerite Hickmanand API) Scott, Schuster. APD was on scene as a precaution, not because of any threat or incident:' 1000: Permit' granted. by Fire Marshal Hickman to Aaron's Lawn Service allowing operation of equipment until tloon: Permit is valid through 8-31-2012 1135: Work was stopped.for the` day.' Warrant wag left in place on the front door. 8-29-2012 0730: Found that the warrant had been removed by the occupant. A new copy of the warrant was re-posted to front door and abatement resumed by contractor 10:05: Abatement complete. The property is now in compliance and no further action is required regarding weed 'abatement. Signed, Tim Dundas, Weed Abatement Coordinator Ashland Fire and Rescue ASHLAND FIRE & RESCUE 455 Sisklyou Boulevard Ashland, OR 97520 (541) 482-2770 • Fax (541) 488-5318 TTY: 800-735-2900 PAIRED 0 RECYCLED MA 1 2 3 4 IN THE MUNICIPAL COURT OF THE CITY OF ASHLAND 5 COUNTY OF JACKSON, STATE OF OREGON 6 7 STATE OF OREGON Case No.: 'Poo 1.3 t 8 City of Ashland, j 9 Plaintiff, ) ADMINISTRATIVE WARRANT to V. ) 11 Bruce Robertson, Emryss Robertson, 12 Defendant. j 13 14 TO: The City of Ashland Fire Marshal, or any of her designated 15 representatives 16 RE: Premises located at 707 Heiman Street consisting of Tax Lot(s) 391E04BC 10 17 under the ownership and/or control of Bruce Robertson/Emryss Robertson. Nothin 18 herein limits the ability of owners or renters to consent to entry. 19 20 IN THE NAME OF THE STATE OF OREGON, CITY OF ASHLAND, JACKSON 21 COUNTY 22 23 WHEREAS, the City of Ashland Fire Marshal and her authorized representative 24 are authorized by the Ashland Municipal Code 9.04.050 to enter the premises for th 25 purpose of abating violations of the Ashland Municipal Code, including specificail 26 violations of the weed abatement chapter that exist on the subject property; and 27 WHEREAS, based on the accompanying affidavit(s), it appears that the Owner(s 28 of the premises have refused to allow City Officials and representatives to enter th PAGE 1- ADMINISTRATIVE WARRANT City of Ashland 20 E. Main Street Ashland, OR 97520 i property to abate and seize any weeds that are in violation of the Ashland Municipa 2 Code. It is appropriate to issue an administrative warrant for the purpose of abating 3 and seizing all weeds in violation of the Ashland Municipal Code because authorize 4 representatives of the City of Ashland have been refused full entry to the premises fo 5 the purpose of weed abatement: 6 707 Heiman Street, 391E04BC 100 7 THEREFORE, YOU ARE HEREBY AUTHORIZED AND COMMANDED to ente 8 the above-described property to abate and seize weeds in violation of the Ashland 9 Municipal Code Chapter 9.04. This warrant authorizes you to enter the property on th io following date(s): 8/23/2012 through 8/31/2012. Entry may occur between the hour ii of 7:30 A.M. and 7:30 P.M. on any or all of the above dates. 12 You are authorized to obtain the assistance of the City of Ashland POlic 13 Department to gain access to the property and for security. Return the warrant to th 14 Municipal Court within ten working days of final execution thereof. Report an 15 obstruction or noncompliance by the property owner(s) or others to the Police and the 16 Court immediately. Use of forcible entry to the gates, fences, or structures on th 17 property that obstruct access to the location of the weeds (including locksmith services 18 is authorized to gain access. This warrant shall be executed not later than 5:00 P.M. 19 8/31/2012. 20 DATED at Ix (Jt*) D Oregon, at 4 - -.m., this _J~3 day of 21 GtA,i1° 2012. 2 22 p9 . C~1C(LLy~ 23 Honorable Pamela B. Turner Ashland Municipal Court Judge 24 25 26 Note date/time/location/and manner of service hereon: 27 8/2812o12 0813 pose( 4,o {ro.f door. knocke'A sr - , ~ r ei nU ~hSwcr 28 0 1 Z 07307 poO+ j +o -Crain' door. PAGE 2 - ADMINISTRATIVE WARRANT City of Ashland 20 E. Main Street Ashland, OR 97520 1 2 3 4 IN THE MUNICIPAL COURT OF THE CITY OF ASHLAND 5 COUNTY OF JACKSON, STATE OF OREGON 6 7 STATE OF OREGON ) Case No.: I PCO 13'._,. e City of Ashland, ) 9 ) AFFIDAVIT IN SUPPORT OF Plaintiff, ) ADMINISTRATIVE WARRANT 10 v. j 11 Bruce Robertson, Emryss Robertson 12 Defendant. j 13 STATE OF OREGON ) 14 ) ss. County of Jackson ) 15 16 17 I, Tim Dundas, being first duly sworn, do hereby depose and say that the following is true to the best of my knowledge and belief: 18 19 1. I am the Weed Abatement Coordinator for Plaintiff, City of Ashland. 2. On July 12, 2012, a "notice to abate" was posted to the front door of 707 20 21 Helman Street advising that weeds and grass were required to be abated 22 by July 31; 2012. 3. On July 13, 2012, I made phone calls and left messages informing both the 23 24 owner (Bruce Robertson) and the current occupant (Emryss Robertson) 25 that the property was out of compliance regarding weed abatement and 26 requested a call back. 27 28 PAGE 1- AFFIDAVIT IN SUPPORT OF MOTION City of Ashland FOR SHOW CAUSE ORDER FOR 20 E. Main Street PROBATION Ashland, OR 97520 1 4. On July 18, 2012, I received a call back from Emryss Robertson. She 2 sounded willing to comply and confirmed that she had received the notice 3 from the front door. 4 5. On August 1, 2012, I re-inspected the property and found that weed 5 abatement had not been fully completed. At this time I was able to meet 6 with Emryss Robertson on site and tour the property. I found that 7 appropriate weed abatement had occurred around the house, but 8 significant work was still required around the property's perimeter and 9 driveway. Because effort had been made I granted an extension until 10 August 10, 2012 and explained in detail to Emryss Robertson what work 11 still needed to be completed. 12 6. On August 13, 2012, I received two phone messages from Bruce Robertson 13 in the late afternoon. I called back and left a message. 14 7. On August 14, 2012, I made two more attempts to contact Bruce Robertso 15 by phone. There was no answer and I left one message requesting a call 16 back as soon as possible. I advised him that if I did not hear back from 17 him, the city would need to take further action to get the hazard abated. 18 8. On August 15, 2012, re-inspection of the property showed that additional 19 work had been attempted but was insufficient to reduce the fire hazard. 20 9. On August 20, 2012, I returned to the property with the Fire Marshall, 21 Margueritte Hickman, to issue a citation and photograph the property as 22 evidence supporting a warrant. No citation was issued because we were 23 unable to make contact with the occupant. I later attempted contact with 24 Emryss Robertson by phone and left a message requesting that she call me 25 back and schedule a time to meet at the property. 26 10. As of August 21, 2012, neither Bruce Robertson nor Emryss Robertson 27 have made any attempt to contact me and the weed abatement 28 requirements for the property remain unmet. PACE 2 - AFFIDAVIT IN SUPPORT OF MOTION City of Ashland FOR SHOW CAUSE ORDER FOR 20 E. Main Street PROBATION Ashland, OR 97520 1 2 DATED this 22day ofA0jvj4 , 2012. 3 - By: City of Ashland 5 Tim Dundas, Weed Abatement 6 Coordinator 7 8 SUBSCRIBED AND SWORN to before me this 22 day of 2012. 9 10 OFFICI LSEAL 11 KIMBERLEY SUE SUMMERS Notary Public for Oregon NOTARY PUBLIC - OREGON COMMISSION NO. 438622 12 MY CO' S I N EXP R S P L 0 2 1 My Commission Expires: g aOIN 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PAGE 3 - AFFIDAVIT IN SUPPORT OF MOTION City of Ashland . . FOR SHOW CAUSE ORDER FOR 20 E. Main Street PROBATION Ashland, OR 97520 AARON,S LAWN SERVICE 1101 COMET AVE. nvoice CENTRAL POINT.OR. 97502 DATE INVOICE # CELL # 541890 3853 8/29/2012 132 BILL TO CITY OF ASHLAND / ASHLAND FIRE & RESCUE 455SISKIYOU BLVD. ASHLAND OR.97520 DESCRIPTION AMOUNT 707 HELMAN STREET WEED.-HAT 16PERIMETER AROUND LOT 100 INCLUDING BOTH SIDES OF 500.00 DRIVE WAY,4" MAX. ALSO INCUDES INSURANCE FOR THE CITY OF ASHLAND 2500 DUE UPON RECEIPT Total 525.00 CITY OF ASHLAND Administrative hours coordinating weed abatement at 707 Helman St. 7-12-2012: initial inspection/notification 0.5 hours 7/12-7/18: phone conversations, attempts to contact, contact searching: 0.5 hours 8/1/2012: Meeting on-sight to explain requirements 0.5 hours 8/20/2012: re-inspection with Fire Marshal 0.5 hours 8/22-8/24: Court documents, contractor bid/selection process 1.5 hours 8/28/2012: On-sight with contractor while working 4.0 hours 8/29/2012: On-sight with contractor while working 3.0 hours Total hours coordinating weed abatement at 707 helman St: 10.0 hours Cost/hour $15.00/hour Total administrative cost $150.00 ASHLAND FIRE & RESCUE 455 Sisklyou Boulevard Ashland, OR 97520 L/r (541) 482-2770 • Fax (541) 488-5318 T1Y: 800-735-2900 PROREa ON flFGWD PAPER CITY OF ASHLAND October 8, 2012 Bruce Robertson, owner Robin Robertson, owner Lmryss Robertson, tenant 707 Helman Street Ashland, OR 97520 To Whom It May Concern: Please find enclosed a bill for the cost of the abatement of weeds at 707 Helman Street plus the administrative administrative fee. Please remit payment for the abatement no later than November 15, 2012. Failure to pay the abatement charges in full will result in a lien against'ilie property. Sine / r ely ritte Hickman Division Chief Fire & Life Safety Cc: City of Ashland Legal Department . WIAn~ ~~Iq`IZ - ~kc~ass ASHLAND FIRE & RESCUE 455 Slsklyou Boulevard Ashland, OR 97520 ~r (541) 482-2770 • Fax (541) 488-5318 TTY: 800-735-2900 PAINED DN NFDYDLED PAPEa CITY O F ~S H LAN D RESTITUTION STATEMENT Ashland Fite & Rescue 455 Siskiyou Boulevard Ashland, OR 97520 DATE October 8, 2012 (541) 482-2770 - Fax (541) 488-5318 INCIDENT Bruce& Robin Robertson COh(hf1iN'lS Weed Abasement-707 Heiman Emryss Robertson 707 I-Ielman Street Ashland, OR 97520 Description Hours ''Rate Tatdl Contractor Weed Abatement Costs 525.00 Adminstrative Costs 2168.10 Certified Return Receipt Mailin 'c,a:c;Y--°--^_•5.95 TOTAL CITY OF ASHLAND October 24, 2012 Bruce Robertson 707 Helman Street Ashland, OR 97520 Dear Mr. Robertson: Please find enclosed a copy of a weed abatement citation. The original citation for weed abatement was delivered to Emryss Robertson at 707 Helman Street on October 22, 2012, at 1106 hours, in accordance with Ashland Municipal Code 1.08.005 Substituted Service. Mailing this letter and a Copy of the citation through first class mail completes the requirements for substituted service. KSm'ce y, Hickman Chief Fire & Life Safety 0000 ASHLAND EIRE & RESCUE 455 Slsk'ryou Boulevard Ashland, OR 97520 /r (541) 482-2770 • Fax (541) 488-5318 - M:800-735-2900 PROREO ON REMP) PA fl CITY OF . ASHLAND October 24, 2012 Robin Robertson 707 Helman Street Ashland, OR 97520 Dear Mr. Robertson: Please find enclosed a copy of a weed abatement citation. The original citation for weed abatement was delivered to Emryss Robertson at 707 Helman Street on October 22, 2012, at 1106 hours, in accordance with Ashland Municipal Code 1.08.005 Substituted Service. Mailing this letter and a'copy of the, citation through first class mail completes the requirements for substituted service. Si e 41y gis an ✓ . Si Di ision Chief Fire & Life Safety' I ASHLAND FIRE & RESCUE 455 Slsklyou Boulevard Ashland, OR 97520 ~r (541) 482-2770 • Fax (541) 488-5318 TTY: 800-735-2900 PRITEOONNEOPaLEOPMR CITY OF ASHLAND Council Communication November 5, 2013, Business Meeting Addendum Clarifying Mt. Ashland Association Agreement With the City of Ashland FROM: David H. Lohman, City Attorney, lohmand@ashland.or.us SUMMARY Council is asked to approve an addendum to the City's agreement with Mt. Ashland Association to clarify certain obligations set forth in that agreement. BACKGROUND AND POLICY IMPLICATIONS: At the March 19, 2013 regular business meeting of the Ashland City Council, members questioned whether the agreement between Mt. Ashland Association ("MAA") and the City entered into October 25, 2011 ("Agreement") obligated MAA to (1) present to the City in advance detailed plans for projects in any future phases of the Mt. Ashland ski area expansion and (2) demonstrate in advance its ability to fully pay for such projects. At the March 19' 2013 meeting, General Manager Kim Clark expressed the view that the Agreement already included those requirements and agreed to ask the MAA board to consider a written clarification of the Agreement to remove any possible doubt about the applicability of these requirements to subsequent phases of the Mt. Ashland Ski Area expansion efforts. Council directed staff to work with Mr. Clark toward such a written clarification ("Addendum"). The resulting proposed Addendum is attached. It is acceptable to MAA. FISCAL IMPLICATIONS: Not applicable. STAFF RECOMMENDATION AND REQUESTED ACTION: Approve the Addendum as presented. SUGGESTED MOTIONS: I move that Council approve the proposed Addendum to the agreement between Mt. Ashland Association and the City of Ashland. ATTACHMENTS: Agreement dated October 25, 2011 Proposed Addendum Page 1 of I ~r, AGREEMENT WHEREAS, the City of Ashland, as lessor ("the City"), and the Mt. Ashland Association, as lessee ("the MAA"), on or about July 9, 1992, entered into the Mt. Ashland Ski Area Lease ("the Lease") a copy of which is attached hereto and marked as Exhibit "1 WHEREAS, the City desires to surrender to the United States Department of Agriculture Forest Service Special Use Permit ("the Permit") as described in the Lease ifa comparable permit is issued to MAA, and the MAA desires to have the Permit or a comparable permit issued to it; WHEREAS, the City is the owner of certain improvements in and on that certain real property located on Mt. Ashland in Jackson County, Oregon, which is described in and is subject to the Permit ("the Permit Property"); WHEREAS, the City is the owner of certain personal property, fixtures, furnishings, inventory and items of equipment used in connection with the operation of the Mt. Ashland Ski Area and/or located on the Permit Property including but not limited those items described in the Lease and identified in Exhibit "B" to the Lease (the "Equipment"); and WHEREAS, the City has determined that it would improve MAA's ability to provide winter recreation to the Rogue Valley, which is beneficial to the economy of the region if MAA became the holder of the Permit and the owner of the property; and WHEREAS, the City has further determined that it would reduce the potential legal and financial liability of the City to convey the Permit and property to MAA; and WHEREAS, the City has determined that conveying the Permit Property and Equipment to the MAA would further the public interest and the MAA desires to receive the Permit Property and the Equipment to use in the operation of the Mt. Ashland Ski Area; Based on the foregoing and the mutual promises and covenants contained herein, the City and the MAA shall as soon thereafter as practicable accomplish the following: 1. The City will surrender the Permit to the Forest Service, and the MAA will apply for issuance of the Permit. The City agrees to assist reasonably the MAA in the process of issuing the Permit or a comparable permit to the MAA. 2. The City shall convey whatever interest it has, or by rights should have, in and to the Permit Property and the Equipment to the MAA by execution of a bill of sale for personal property and a statutory quitclaim deed for real property. 3. Upon issuance of the Permit or a comparable permit to the MAA, the provisions of the Lease shall have no further force or effect whatsoever, except that MAA will remain responsible for any amounts the City is required to pay pursuant to the Permit as a result of the City's surrender of the Permit. Page I of4 4. The parties further agree that: a) The City shall have the right annually to appoint one person to serve as a non- voting liaison to the Board of Directors of the MAA. The City's liaison will be provided with all information provided to directors, except that the City's liaison will not participate in personnel or legal matters. b) MAA will provide the City with copies of all architectural, engineering, construction and logging plans, including without limitation any related environmental impact studies, relating to any improvements contemplated by MAA within the Permit Property, now or in the future. MAA will deliver such plans to the City no less than thirty (30) days prior to the commencement of any construction, earth movement or logging. Within 30 days of receiving the plans from the MAA, the City may but is not required to conduct a technical review of MAA's plans with respect to its impact on water quality, including without limitation erosion, sedimentation, stormwater, revegetation, watershed restoration, wetlands, and spill control. MAA agrees to confer with the City in good faith on any matters raised in a technical review relating to water quality. The City of Ashland may appoint a representative to provide daily on-site monitoring and inspection during any earth movement, logging or construction, and MAA agrees to provide access to the City's representative. MAA and the City will confer with the USDA Forest Service and any affected regulatory agencies if issues are identified during construction as ones that will affect water quality, erosion, sedimentation, and spill control. C) MAA agrees to comply with any obligations imposed with respect to sedimentation in Reeder Reservoir in the July 2007 Total Daily Maximum Load (TMDL) document prepared by the Oregon Department of Environmental Quality to meet the requirements of Section 303(d) of the 1972 Federal Clean Water Act. d) The Permit or a comparable permit will require MAA to maintain a "Restoration Amount," which shall mean and refer to the maintenance of available funds or assets by the MAA to cover area restoration in the unlikely event of the ski area closure. MAA agrees to increase the amount it maintains as the Restoration Amount on July 15 of every year by a percentage equal to the percentage increase of the US Department of Labor: Consumer Price Index, All Urban Consumers (CPI-U), U.S. City Average, CPI - All Items ("standard reference base period" 1982-84 = 100) in the previous twelve (12) calendar months. MAA further agrees that it shall at all times maintain the Restoration Amount (as increased pursuant to this paragraph) in unencumbered funds or assets, i.e., readily transferable assets subject to no lien. MAA shall ensure that any security interest in its assets that it has granted or may in the future grant excludes the funds maintained for the Restoration Amount. e) The MAA agrees that it will not proceed with any logging, earth movement, or construction activities related to the portion of the expansion identified as Phase 1 until MAA has received a combination of cash contributions, binding financial commitments, and performance bonding necessary to cover the entire cost of the Phase I improvements. The final details of the projects included in Phase I will be defined by permits issued by the USDA Forest Service, but Phase I can generally be described as the Ski Run Settlement Sale, a chairlift with new lower intermediate and novice runs, a warming ditional parking spaces, the widening of several existing runs, and 23 watershed restoration projects. Ul'1~ - K e /d -a+t -1t Page 2 of 4 f) The MAA agrees not to amend its articles of incorporation, without the express written consent of the City, in any way that would impair its current provision that, in the event the MAA dissolves, all of its assets which remain after MAA's creditor claims and other obligations are satisfied shall be distributed to the City. g) The MAA agrees that in the event it dissolves, that none of its assets shall be distributed to a director, officer or other private person or private entity. h) MAA agrees that it will not, without the express written consent of the City, which consent shall not be unreasonably withheld: (1) transfer or convey to another person or entity the Permit or the comparable permit issued to MAA as contemplated in this Agreement; or (2) enter into an agreement with any other person or entity whereby the rights and obligations under the Permit or the comparable permit issued to MAA as contemplated in this Agreement would be assumed by any other person or entity. i) MAA will reimburse the City for the City's reasonable attorney fees and any other out-of-pocket expenses up to $7,500 incurred in connection with the negotiation and performance of this Agreement through the date the Forest Service issues the Permit or a comparable permit to MAA as contemplated in this Agreement or declines to issue such a permit. The City will provide MAA with a complete accounting of its attorney fees and out-of-pocket expenses within thirty (30) days after the Forest Service issues the Permit or a comparable permit to MAA as contemplated in this Agreement or declines to issue such a permit. MAA will pay the amount owed under this paragraph within ten (10) business days after the City delivers its accounting of those fees and expenses. 5. This Agreement is conditioned on the Forest Service issuing to MAA the Permit or a comparable permit and, with the exception of Paragraphs 3 and 4(i), shall be of no force or effect if that condition is not met on or before December 31, 2012. 6. Miscellaneous: a) There are no oral agreements or representations between the parties hereto which affect this Agreement, and this Agreement supersedes and cancels any and all previous negotiations, arrangements, warranties, representations and understandings, if any, between the parties. b) The paragraph headings set forth in this Agreement are set forth for convenience purposes only, and do not in any way define, limit or construe the contents of this Agreement. C) If any provision of this Agreement shall be determined to be void by any court of competent jurisdiction, then that determination shall not affect any other provisions of this Agreement, and all such other provisions shall remain in full force and effect. d) It is the intention of the parties that if any provision of this Agreement is capable of two constructions, only one of which would render the provision valid, then the provision shall have the meaning which renders it valid. Page 3 of 4 C) If suit or action is instituted in connection with any controversy arising out of this Agreement, the prevailing party in that suit or action or any appeal there from shall be entitled to recover, in addition to any other relief, the sum which the court may judge to be reasonable attorney fees. f) Any notice required or permitted under this Agreement shall be deemed to have been given and delivered when personally delivered or when deposited in the United States mail, as certified mail, postage prepaid, and addressed to the last-known address of the party being provided with the notice. g) The MAA may not assign its interest in this Agreement to any third party without the express written consent of the City. This agreement shall inure to the benefit of and shall be binding upon the City and any permitted successors and assigns of MAA. h) This Agreement is being executed in two counterparts, each of which shall be an original, and both of which shall constitute a single instrument, when signed by both of the parties. i) Waiver by either party of strict performance of any of the provisions of this Agreement shall not be a waiver of, and shall not prejudice the party's right to subsequently require strict performance of, the same provision or any other provision. j) The consent or approval of either party to any act by the other party of a nature requiring consent or approval shall not be deemed to waive or render unnecessary the consent to or approval of any subsequent similar act. k) This Agreement shall be governed and performed in accordance with the laws of the state of Oregon. 1) In the event of a dispute pertaining to this Agreement, the parties agree to attempt to negotiate in good faith an acceptable resolution prior to commencing litigation. If a resolution cannot be negotiated, then the parties agree to submit the dispute to voluntary non-binding mediation before commencing litigation. Each of the parties hereby irrevocably submits to the jurisdiction of the courts of Jackson County, Oregon, and agrees that any legal proceedings with respect to this Agreement shall be filed and heal in the appropriate court in Jackson County, Oregon.~ Date: O Date: t~j c~" / '901I "T MT. ASHLAND ASSOCIATION - LESSEE CITY OF ASHLAND, OREGON - LESSOR By: Title: / L IA; itle: Ire Page 4 of 4 ADDENDUM TO AGREEMENT BETWEEN MT. ASHLAND ASSOCIATION AND CITY OF ASHLAND Date: November , 2013 Parties: Mt. Ashland Association ("MAA") and City of Ashland ("City') Recitals A. MAA and City are parties to an October 25, 2011 agreement ("Agreement') pursuant to which City surrendered its United States Department of Agriculture Forest Service Special Use Permit to the Forest Service and conveyed its interest in the Permit Property and Equipment to MAA. B. MAA and City desire to clarify the Agreement. Agreements Now, therefore, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. Paragraph 4 of the Agreement is clarified by addition of the following commitments at the end of subparagraph (e) following the words "watershed restoration projects.": "Before commencing any additional Mt. Ashland ski area expansion project included in the 2004 or 2011 Forest Service Records of Decision which may affect the Ashland watershed and which has not yet received, as of the date of this Addendum, Forest Service final approval to proceed, MAA will (a) provide to the US Forest Service and the City detailed plans for the project; (b) obtain any required US Forest Service approvals for the project; and (c) substantiate by means of a Forest Service financial ability determination, or other means acceptable to the Forest Service, that MAA has fsu~ffic'ie'nt financial resources available to pay for completion of the project." q- C!~ ~1C.+ A 6&&ALCAd, 2. Except as modified by this Addendum, the Agreement is ratified and affirmed by the parties. The parties have executed this Addendum as of the date set forth above. Mt. Ashland Association City of Ashland By: By: John Stromberg, Mayor Title: LEGAL28187911.2 CITY OF ASHLAND Council Communication November 5, 2013, Business Meeting A Report on the Mt. Ashland Association's Summer Work Plan and Expansion-Related Activities FROM: Rob Morris, Engineering Technician II, Public Works/Engineering, rob.morris@ashland.or.us SUMMARY The Mt. Ashland Association (MAA) submitted construction plans earlier this fall to the US Forest Service and the City of Ashland Public Works Department for their proposed parking lot expansion and ski run re-contouring projects. The Public Works Department contracted with an engineering consultant to conduct an independent review of the submitted construction documents, and the consultants recommendations were addressed by MAA and their design engineer. Construction began in early September with Department staff providing on-site observation in conjunction with US Forest Service engineers and inspectors. BACKGROUND AND POLICY IMPLICATIONS: Since the last update to Council on September 3, 2013 MAA has constructed a majority of their improvements based on the 2013 summer work plan. The critical component as it relates to the Ashland Watershed was the re-contouring of the Sonnet and Blossom ski runs. The re-contouring of the ski runs used some of the excavated material from the parking lot construction as fill, applying it in lifts of decreasing nominal grain size as recommended by David Evans and Associates engineering firm per the review of the MAA plans. The lifts ranged from large (12 to 24-inch) pieces of rock for the base lift to a topsoil and mulch layer as the final lift, to promote vegetation growth. More material was removed from the parking lot than could be used as fill on Sonnet, so excess material has been stockpiled at two different sites along Mt. Ashland Road near Bull Gap. US Forest Service has had inspectors and engineers on site to observe progress, check compaction of the fill, monitor erosion and sediment controls, and give direction to the contractors when needed. Throughout the duration of the project City staff has worked closely with Forest Service engineers and inspectors in the field to verify that construction work is completed according to plan. As of now, construction crews have completed placement and compaction of fill on the Sonnet and Blossom ski runs. Crews continue to remove material from the parking lot expansion area, which is hauled off site for disposal. MAA plans to apply grass seed to the fill area as a final step in stabilization. This is scheduled to take place over the next week. Erosion and sediment control measures have been implemented appropriately at the fill area throughout the course of the project. The parking lot expansion portion of the project is not expected to be completed this year due to inclement weather conditions. Parking lot improvements will resume later next spring. Project background: Page I of 2 r, CITY OF ASHLAND In their 2013 Summer Work Plan, the Mt. Ashland Association identified the following four activites to occur this summer: ski run widening and tree removal, re-contouring of Sonnet and Blossom ski runs, parking lot construction, and watershed restoration projects. MAA has already completed the ski run wideing and tree removal project, and watershed restoration projects have been ongoing throughout the summer. Because much of the work proposed by MAA occurs within the Ashland Creek watershed, the Public Works Department will continue to monitor these projects closely to ensure that the design and implementation of these projects do not cause unintended negative impacts to the watershed. Public Works Department staff was on site during the ski run widening and tree removal projects to observe work and document any issues related to soil disturbance. City staff has been present in a similar capacity for all work occurring within our watershed as part of the parking lot construction and ski run re-contouring projects, and will continue to monitor the construction site until work is completed. Since much of the Ashland Creek watershed, including portions of the Mt. Ashland Ski Area, drain to Reeder Reservoir, any construction work done within the watershed must be closely monitored for erosion and sediment control. The City hired David Evans & Associates to review construction plans, specifications, and documents submitted by MAA prior to construction to ensure that proposed designs properly protect our watershed. Their review focused on the appropriateness of engineering design related to aspects of the project that have the potential to impact the Ashland Creek Watershed. David Evans & Associates provided comments which MAA addressed in writing before beginning work, and MAA has incorporated these recommendations into their construction process. The comments concerned the depth of proposed fill lifts, details for erosion control measures, and specifics regarding the placement of topsoil, among other items. FISCAL IMPLICATIONS: $10,000 is currently budgeted for independent review of plan documents and construction inspection. $9,397.51 has been spent to date, leaving $602.49 remaining on the contract. STAFF RECOMMENDATION AND REQUESTED ACTION: This is a report only; no action is requested of Council. SUGGESTED MOTION: N/A ATTACHMENTS: Various construction photos (September 9-October 18, 2013) Page 2 of 2 0 ,I. l . . ~ fq c. ~1~1 I, r• L - ~ Apr 111 Jt . 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Ctr F 4L r J~C~'1 t{„ '4+ll ~ d e ♦ r WIN ry 7 n t4 , ~ 1 11 :i ell It n ' t ' ~~~ppp 61.1 ° 1 .~4 'I~~I'~t~~u y ~ 1 A,~' adz- 41 ".p 1 ti a 1 1~3 ~~~t < 11a oM( f o e, C AAA 41 I 7n. p.r l 4 I y, 1sd yy ,"L i~ r i r h q rl cll n I ` CITY OF ASHLAND Council Communication November 5, 2013, Business Meeting FY 2012-2013 Quarterly Financial Report for April - June, 2013 FROM: Lee Tuneberg, Administrative Services/Finance Director, tuneberl@ashland.or.us SUMMARY: The Administrative Services Department submits reports to Council on a quarterly basis to provide assurance of budget compliance and for informational and comparative purposes throughout the year. This report is the preliminary end-of-year report for FY 2012-2013. The city has moved into the audit phase for that year so these numbers are bound to change before the annual financial report is presented to the Audit Committee and then to The Mayor and Council. BACKGROUND AND POLICY IMPLICATIONS: The reports are intended to present information in formats consistent with the department, fund and business activity presentations included in the adopted FY 2012-2013 budget document and the manner in which they will be shown in the end of year report. Unaudited, detailed balance sheets, revenues and expenditure reports are available for your review in the Administrative Service Department office should you require any additional information. FISCAL IMPLICATIONS: Preliminary information shows budget compliance and the City and Parks ending the fiscal year in good shape after the normal budget adjustments done throughout the year. Revenue greater than projections and expenditures less than projected have resulted in a financial position better than originally projected in February. However, lagging capital projects and unfilled positions can have a deleterious effect on current operations and future costs. A change in accounting presentations and terminology complicates a year to year cash comparison but a general overview is still worthwhile. The preliminary report indicates the Restricted & Committed (Reserved) portions of cash at June 30`h are approximately 18.4% greater for this year over last and Unassigned (Unrestricted) has increased 4.4%. The restricted portion of cash is $14.2 million leaving $16.5 unassigned for 2013. Some parts of unassigned cash is earmarked for future expenses such as monies held in the Water Fund for future debt service thus reducing the total unassigned. STAFF RECOMMENDATION AND REOUESTED ACTION: Staff recommends that Council accept the quarterly report. Page I of 2 VISA CITY OF ASHLAND SUGGESTED MOTION: I move to accept the preliminary fourth quarter financial report for FY 2012-2013. ATTACHMENTS: Financial Report Financial Statements Page 2 of 2 CITY OF ASHLAND s'Quartm Fina,A-gtlZeport Fourth • carter of FY ZO 2- ,013 This Report is an analysis of the financial status of the City's and Park's funds through the fourth quarter of fiscal year (FY) 2012-13. This report provides a review of each of the citywide and individual funds and related revenues, expenditures, and cash balance as compared to the FY 2012- 13 budget and prior year. These are preliminary numbers that are subject to change in the Comprehensive Annual Financial Report. Summary of Cash and Investments provides an understanding of changes in the City's cash position across funds and investment types. (Page 1 of the Financial Statements) The citywide cash balance has had a growing trend for the last five years. Financing for projects in the last two fiscal years along with the growth rate of revenue outpacing the growth rate of expenses have been contributing factors to this trend. City of Ashland Cash Balances $30,776,165 $35,000,000 $27,936,426 $30,000,000 $23,146,537 $19,389,300 $21,801,524 $25,000,000 $20,000,000 { 4 ~ $15,000,000 4S _ A y4 { $10,000,000 Y- t $5,000,000 $0 ® 6/30/2009 E36/30/2020 ■ 6/30/2011 ■ 6/30/2012 ■ 6/30/2013 The greatest percentage changes between FY 2011-12 and FY 2012-13 were in the Street Fund, Capital Improvements (CIP) Fund, Water Fund, and the Equipment Fund. The reduction in the Capital Improvements fund was primarily due to the construction of the fire station. The Street and Water Funds increased as a result of financing for projects and rate increases to cover the resulting increase in debt service. The increase in the Equipment Fund was from a combination of factors. Those factors are receipt of an interfund loan, equipment purchases being less than replacement fee revenue and the purchase of the two backhoes remaining in accounts payable at year end. The distribution of cash and investment balances has changed between FY 2011-12 and FY 2012-13. There was a reduction in the general banking accounts, and $3.2 million more held in the Local Government Investment Pool. No money was held in investments outside the Pool either year because no other securities were available in the market to match the interest rate of the LGIP. The investment policy of legality, liquidity, diversification and yield has been followed. Page 1 of 10 Statement of Revenues and Expenditures - Citywide This schedule is intended to provide an overall sense of the City's financial activity for the fiscal year ended June 30, 2013 compared to budget and prior year information. (Page 2 of Financial Statement) Total Resources (Revenues and Budgetary Resources) were 95% of budget. Revenues were 98.7% of budget and the budgetary resources were 67% of budget. The actual growth over the prior year was 9.2% and the growth rate anticipated over the prior year budget was 8.2%. The City did not require all of the budgeted financing which resulted in a lower than expected actual to budget comparison. 00 FY 2012-13 Revenue & Resources - FY 2012-13 Revenue & Resources - Budget Actual Interfund Interfund loan, loan, $791,795 Transfers, $791,795 Transfers, Working Financing, $406,635 working Financing, $411,786 Capital $7,928,930 Capital $4,907,401 Carryover, Carryover, ' $29,410,020 $24,873,472 Revenue, $70,269,083 Revenue, $69,332,430 Total Budget Resources $104,269,915 Total Actual Resources $104,853,432 Citywide revenue grew 6.6% over the prior year, resulting in a $4.3 million increase. The largest variances of actual to budget are in the intergovernmental and the miscellaneous revenue categories. 1. Intergovernmental revenue was 52.1% of budget as a result of certain grants for projects not occurring. Some of the budgeted grants for projects that did not occur were the Croman [OF grant for the Croman Central Boulevard transportation project, and the grant for the Ashland Creek Park development project. The Ashland Forest Resiliency (AFR) grant was less than budgeted. 2. Miscellaneous revenue was $2.6 million over budget. The main reason for this difference was the DEQ revolving loan for filter membrane replacements being in miscellaneous revenue when it was budgeted as other financing sources. This will be adjusted to other financing sources as part of the audit process. Citywide budgetary resources consist of financing, operating transfers in, and interfund loans. Financing activities include bond proceeds of $4.9 million for new projects. 1. Financing consists of $1.2 million for the Street Fund, $500,000 for the CIP Fund, $2.6 million for the Water Fund and $600,000 for the Wastewater Fund for a total of $4.9 million. The budget for financing was $7.9 million dollars. The other $3 million in budgeted financing did not occur because not all of the capital projects were implemented. Page 2 of 10 2. The City transferred $41,461 between funds for interest and debt service payments, and Parks transferred $350,000 to the Parks Capital Improvements Fund. Parks YAL Fund closed and transferred $20,325 to Parks and Recreation. 3. Interfund loans activity consisted of $408,000 of loan repayments and $383,795 of new loans between funds for a total of $791,795. The Water Fund paid $200,000 and the Capital Improvements Fund paid $208,000 to the Equipment Fund as repayment of loans. The Equipment Fund loaned $19,000 to the Airport Fund for FAA required tree trimming. The Central Services Fund loaned $364,795 to the Debt Service Fund to coordinate the pay off the Hargadine parking structure. Total Requirements (Operating Expenditures, Capital Outlay, and Budgetary Requirements) were 81 % of budget. Operating expenditures were 92.6% of budget, Capital Outlay was 46% of budget, and the budgetary requirements (without contingency) were 100.4% of budget. Total requirements (without contingency) grew over the prior year in line with the anticipated rate of growth. FY 2012-13 Requirements - Budget FY 2012-13 Requirements - Actual Ending Fund Personal Personal Balance, Services, Contingency, $17,066,118 Services, $26,183,408 $24,488,516 $1,690,809 Ending Fund Balance, Interfund $34,123,482 loan, $791,795 Interfund loan, $791,795 Transfers, $406,635 Capital Material& Capital Material& Outlay, Debt Service, Services, Transfers, Outlay , Debt Service, Services, $18,670,548 $5,098,979 $34,726,423 $411,786 $8,590,776 $4,885,465 $31,718,463 Total Budget Operating Expenditures $66,008,810 Total Operating Expenditures $61,092,244 Citywide Operating Expenditures Operating expenditures (personnel services, materials and services, and debt services) grew over the prior year by 7.3% which was less than the anticipated growth of 8.6%. Capital Outlay increased $3.2 million over the prior year and was short of the $4.3 million budget increase. 1. Personnel services had a growth rate of 3.3% quite a bit less than the budgeted growth of 6.5%. Budgeted increases were anticipated based upon union negotiations, increases in other benefits costs, and upon full year funding of unfunded positions restored by the Council in FY 2012. Actual growth in costs were slower because the City had retirements which appear to have caused savings in delayed hiring of replacement employees and in hiring them at a lower pay rate. Another savings potential comes from lower retirement program costs as new employees are hired under OPSRP. 2. Materials and services were budgeted to grow ten percent and did grow ten percent. Yet the total spending was consistent with the prior year spending of 8.7% below budget. The Page 3 of 10 spending below budget for FY 2013 was mostly in the AFR project, and contract services in several of the funds. 3. Debt Service payments grew over the prior year but not at the rate budgeted. It was budgeted to grow 8.6% and actually grew 6.8%. There was a net increase over the prior year in debt service payments as a result of early retirement of the Hargadine loan, but that increase was offset by the savings of the 1997 water bond maturing in the prior year. Citywide Capital expenditure spending was up 60% from the prior year. The spending increase was mostly for the new fire station, along with increased street and wastewater projects. 1. The fire station construction was spent out of the CIP Fund, Facilities maintenance Department. 2. The capital projects for streets include the Hersey Wimer intersection realignment, the road diet striping project, and the transportation systems plan. 3. Wastewater capital projects include the Ashland Creek sewer trunk line rehabilitation, the Nevada Oak Street sanitary sewer bypass, membrane filters, flow meters, and software upgrade. Capital Outlay - FY 2012-13 Budget Capital Outlay - FY 2012-13 Actual Parks & Rec, Police & Fire, Parks & Rec, Police & Fire, Equipment $598,500 Equipment, $5051963 $249,011 $285,963 $ort, 00 Streets, Clp Open $387,784 Streets, CIP Open PW SUPDOrG $4,604,141 Space, PWSupport, $1,491,952 Space, $10,300 $1,892,000 $7,017 $233,571 Telecommu nirations, Telecommunl $100,000 cations, Information $73,531 Services, Information Facilities, $20,000 Services, $3,386,063 Fecllitles, $34,145 Customer Water, $4,503,750 Water, Information, Electric, Wastewater Customer Electric, Wastewater, $272,268 $1,985,000 $2,432,689 $1,141,205 Information, $so,0oo $as,171 $561,946 $1,342,354 Total Capital Budget $18,670,548 Total Capital Actual $8,590,776 Citywide budgetary requirements consist of operating transfers out, interfund loans, and contingencies. 1. Budgetary requirements of transfers and interfund loans were described in the budgetary resources above. 2. Contingencies of $388,196 were transferred out of the $1.7 million of budgeted contingencies and are described in the Schedule of Budgetary Compliance section below. Citywide revenue exceeded operating expenditures by $8.2 million in FY 2012-13 as compared to $8.1 million in the prior fiscal year. Revenues grew and operating expenditures grew by a similar percentage. The water and wastewater master plans are dependent upon their portion of this trend Page 4 of 10 that started in FY 2012 to meet future annual debt service for the considerable infrastructure improvements needed. Changes in Revenues and Operating Expenditues $73,000,000 $66,000,000 $59,000,000 _ $52,000,000 6/30/2009 6/30/2010 6/30/2011 6/30/2012 6/30/2013 -+-Revenue $55,917,230 $58,581,880 $62,149,455 $65,047,499 $69,332,430 -11-Operating Exp. $54,052,297 $54,493,973 $58,901,438 $56,943,704 $61,092,444 Schedule of Budgetary Compliance is intended to present expenditures on a budget basis by fund, consistent with the resolution adopting appropriation levels for the year. Changes in the appropriation levels were done by resolutions. The resolutions identified in the schedule represent supplemental budgets and transfers of appropriations to remain compliant with Oregon Budget law. No budget violations for FY 2012-13 have been recorded at this time. There were five resolutions changing appropriations during FY 2012-13 as listed in the Schedule of Budgetary Compliance in the financial statement packet. (Pages 3-6 of the Financial Statements) General Fund transferred $115,196 from contingency for the plaza renovation, and transferred $125,000 from contingency to cover $25,000 of payroll costs for the Courts Division, and $100,000 for higher than anticipated bad debt write offs for the ambulance service. An appropriation of $46,800 was made from a federal task force grant for police staff. Airport Fund had a $19,000 interfund loan from the Equipment Fund contingency for tree trimming required by the Federal Aviation Administration. Debt Service Fund received $364,795 interfund loan from the Central Services Fund ending fund balance to pay off the Hargadine parking structure along with the prepayment of $280,396 by Oregon Shakespeare of their portion for a total prepayment of $645,191. The resolution called for a transfer of appropriations of $60,000 from debt service to professional services in regard to the bond sale. Capital Improvements Fund appropriated $78,000 from contingency to facilities maintenance to cover the purchase of land adjacent to the gun club, and appropriated $227,163 asset forfeiture money for the remodel of the police station. Equipment Fund appropriated $113,616 FEMA assistance for firefighters' equipment purchases, and transferred appropriations of $70,000 from Purchasing & Acquisitions Division to the Maintenance Division to pay for unusually high equipment repair costs. Page 5 of 10 ~r, An overview by fund is as follows: FY 2012 FY 2072:' FY 2013 FY 2013;: FY 2012 Amended . Actual to FY 2013 Amended Actual to FUND TOTALS Actual Budget 'BudgetActual Budget "Budget , ' General Fund $15,091,250 $15,678,577 , 96.3%; $15,740,388 $16,726,217 941°k"( Community Development Block Grant Fund 204,571 266,145 - 7679%` 101,912 205,935 49.5% Reserve Fund 0 0 ~60%0 0 ,0.0%.• Street Fund 3,586,622 6,792,671 w 52.8%'i 3,868,292 7,376,031 52.4% Airport Fund 89,270 113,486 111,076 127,486 871%.: Capital Improvements Fund 2,312,949 6,556,162 35.3%0 ' 4,456,587 7,317,365 , 609%` Debt Service Fund 2,134,310 2,248,574 ,94.9%;i 2,715,651 2,855,241 951%a I Water Fund 5,249,116 7,478,872 70.26/6 7,099,639 9,676,014 734%'_ Wastewater Fund 5,873,707 6,619,650 '88.7% 6,624,035 8,209,807 807!/V Electric Fund 13,257,755 15,172,323 87.4% 13,432,219 16,107,327 83.49% Telecommunications Fund 1,865,404 2,177,219 85.79 , 1,910,250 2,125,862 89.9%°i• Central Services Fund 5,710,364 6,135,653 93.16,224,776 7,021,286 88.7%, Insurance Services Fund 775,227 906,080 =8696,118 909,630 ' 76.5%; . Equipment Fund 1,772,277 1,835,614 96.5%~.., 1,539,810 2,194,581 70:2%` Cemetery Trust Fund 4,805 20,000 24.0%f. 4,826 20,000 24:1% ' Total City 57,927,627 72,001,026 .....80.5°k 3 64,525,579 80,872,782 79.6.V, Parks and Recreation Fund 5,284,451 5,435,170 97.2%; 5,809,855 6,081,810 955°~~;' Ashland Youth Activities Levy Fund 0 20,000 0.0% 20,325 0.0% ` Parks Capital Imp Fund 68,296 70,000 . ,97.6%°; 531,044 595,000 89:3%': Total Parks 5,352,747 5,525 170 86.9%. 6,361 224 6,676,810 X95.3%0' ti Total City and Parks $63,280,374 $77,526,196 81.6/d d 1 ° $70,888,803 $87,549,592 General Fund -Total Revenues were within 1 % of budget and prior year. Expenditures were 94.1 % of budget. The amount of contingency used was $240,196. The budget process called for a payment of $263,000 from Parks to the General Fund. Proper accounting methods required this to be recorded as revenue instead of a transfer. (Page 7 of the Financial Statements) 1. Tax revenue made up 78% of the general fund revenue and consisted of property tax, electric user tax, franchises, licenses, and transient lodging taxes. Tax revenue of $12.3 million was 100% of budget. The transient lodging tax revenue increased $99,000 over prior year, and the actual results were within $5,000 of budget. The sum of the other tax revenues of $5.7 million was within $3,000 of budget. I 2. Intergovernmental revenue was below budget because some of the anticipated grants did not come in, and the 911 telephone revenue which was budgeted at $98,640 no longer comes to the City, it now all goes to the County as base support of the dispatch center. Page 6 of 10 i 3. Public safety expenditures came in under budget. The Police Department personnel services were budgeted to increase 4.7%, yet increased only 2%. The Fire Department personal services were budgeted to increase 11.8%, yet increased 7.6%. (Personnel costs variances are described in "citywide operating expenditures" above.) The Police and Fire dispatch services cost increased 7% over the prior year. The Fire department ambulance transport revenue increased $120,000 at the same time ambulance transport bad debt increased $127,000. 4. Total expenditures for the Community Development Department increased 1.6% over the prior year. Personnel costs were up 4% for the reasons stated above and were 97.4% of budget. Materials and services were down 3% due to a reduction of projects. M&S was 64.3% of budget, primarily due to professional services being budgeted at $75,000 and only $25,526 were spent. Street Fund - Revenue increased 19.3% and was 78.1 % of budget. The primary reason for the revenue being below budget was the intergovernmental revenue. Monies for jurisdictional exchange and grants were less than expected but consistent with projects. 1. Storm Drain and Transportation utility fee revenues were 1 % greater than the prior year and 95.7% of budget. Although, storm drain rates were raised 3%, transportation fees (70% of street utility fees) have not been raised since FY 2009-10. 2. Gas tax proceeds were consistent with the prior year amount, and were 97.5% of budget. 3. Personnel services were similar to citywide with 4.1 % increase over prior year and 93.5% of budget. Materials & Services expenditures for transportation and storm drain were lower than the prior year and 76.2% of budget; the lower spending was mostly contract services. 4. Capital expenditures were 26.3% more than the prior year even though only 32.4% of budget. Much of the funding for these projects came from the bonds authorized by Ordinance No 3079 and jurisdictional exchange payments from the State. Project financing for the year was $1.2 million and $1.5 million spent on capital projects. Capital Improvements Fund - Capital expenditures for project work carried over from prior years reduced the monies held for these projects and have caused a drop in reserves, but the reserves were still 24% over what was projected. Operating expenditures for the Facilities Maintenance Division were 90% of budget. 1. Budgeted financing for Parks open space was $1.9 million, however only $506,000 was received for projects, ostensibly for repairing the Perozzi Fountain. 2. Food & beverage tax proceeds (net of the amount used for to repay Clay Street) for Park projects were $423,783. This was a 7.8% growth from the prior year which was better than the anticipated 2.5% budget growth. 3. Expenditures for Parks open spaces of $233,571 were for a play structure, North Mountain Park addition, and improvements to Calle Guanajuato and the Golf Course Page 7 of 10 ~r, Debt Service Fund - Total revenues and budgetary resources were 103.2% of budget, with tax revenue at 101.8% and internal revenue at 100%. Interfund loan and miscellaneous revenue consisted of proceeds for the prepayment of the Hargadine parking structure of $645,192. The prepayment funding sources were an interfund loan from the Central Service Fund in the amount of $364,795 and miscellaneous revenue from Oregon Shakespeare Festival of $280,397. Repayment of the interfund loan will be from parking structure revenues at an interest rate of no less than 2%. Debt service expenditures were explained in the section "Citywide Operating Expenditures" above. Water Fund (without Forest Interface) - Total resources which included $2.5 million of financing were $8.4 million. Revenue increased over the prior year 10.8% primarily from the rate increase. Expenditures were $4.1 million, a 2.4% increase over the prior year. 1. Water sales revenue increased 15% for the year as a result of rate increase together with a dryer and hotter season. 2. The increase in personnel services were 9.8% from new staffing for increases in infrastructure maintenance. Increase in materials and services of 7.8% mainly in franchise taxes as a result of increased revenue, and from increased infrastructure maintenance of hydrants, valves, and inspection of all four reservoirs. Debt service payments decreased by 25% due to the maturing of the last of the water bonds at the end of last year. 3. Capital outlay decreased from the prior year by $177,552 but, in accordance with the Water Master Plan, is scheduled to begin in this next biennium. Forest Interface - The AFR stewardship project has completed the wildlife hazard reduction work encompassing over 3,000 acres in the Ashland Watershed. For the Fiscal Year of 2013, AFR had a . budget of $3.6 million. Grant revenue received was close to $2 million with the expenses for this year close to $2.5 million. Wastewater Fund - Like the Water Fund, the Wastewater Fund has a sizeable balance restricted for debt service and SDC qualified projects. In the past, this left too little unrestricted cash for operations, but with the current financing, increased revenue and consistent expenditures this situation has improved. 1. Charges for sales revenue were in line with the anticipated 10% budget increase as a result of a rate increase. The food and beverage tax revenue outpaced the anticipated budget increase of 6% by increasing 7.8% over the prior year. Miscellaneous revenue includes $1,645,280 DEQ revolving loan for filter membrane replacements. 2. Operating expenditures have increased over the prior by 2% and were 95% of budget. 3. Capital outlay spending in FY 2013 included filter membranes of $865,000 and sewer connections of $385,000. Last year total capital spending included $513,000 on filter membranes. Electric Fund - Revenue for Electric sales increased 3% as a result of the first rate increase in two years. The power costs increased 2%, the franchise tax increased in relation to revenue, and the fund received a smaller BPA conservation credit than it did in the prior year. The Fund did manage to sustain a comparable bottom line as the prior year by holding down operating and overhead costs. Page 8 of 10 ~r, Telecommunications Fund - Revenues exceeded expenses by $682 for this year compared to $69,027 last year. The utility sales which were comprised of rates and fees for the municipal telecommunication were lower this year than last year and were 94.5% of budget. Most of the shortfall was by design as the City restructured payments from partners and reduced personnel services to reflect the change in chargeable services. Material and services increased due to higher technical supplies costs. Central Services Fund - Revenues were 100% of budget and expenditures were 98.7% of budget.. Internal charges for central services fees increased 2.4% over the prior year. There was a reduction of engineering fees of $234,723 from a reduction in building projects. The $364,795 loan to the Debt Service Fund was contributing factor to the deficiency of revenues under expenditures of $131,130. Insurance Services Fund - Interdepartmental revenue for insurance was held steady from the prior year. Revenue from workers compensation payments through payroll deductions increased 4% over the prior year. These two revenue sources combined resulted in a variance of 1.1 % over budget. Miscellaneous income was lower because we did not receive an experience rating credit this year. 1. Total expenditures were 76.5% of budget and 2% below last year. 2. Insurance premiums were higher this year because the City did not receive a distribution credit from CIS. This credit was akin to a refund for those entities participating with the CIS Trust in the 1990's and was used to reduce premiums over a three year period. CIS has suspended this practice. 3. Claims were $296,793; a 33% decrease from last year's amount of $445,681. This continues the trend of claims fluctuating with a peak every other year. 4. In spite of the increase in insurance premiums, the Insurance Fund had an excess of revenues over expenditures of $87,306. Equipment Fund - Most of the equipment fund revenue came from internal sources. These were comprised of equipment replacement fees, maintenance fees, fuel sales and repayment of interfund loans. The remainder of the revenue was from investment income, sale of surplus property and grants. Maintenance costs were budgeted at $1 million and 94.2% was spent for the FY 2012-13. Equipment replacement fees revenue for FY 2012-13 was $834,753 while equipment purchases were budgeted at $967,000 and $381,426 was spent. 1. The Fire Engine was on the equipment acquisition list for FY 2012-13; however the lead time for construction carried it into the following year. 2. The GEM Electric Vehicle for Administration Conservation was an additional vehicle purchased (not on the original equipment acquisition list) but was approved by Council with a $40,000 maximum budget. It cost only $17,100 with all accessories (base model, doors, cargo containers, etc.) 3. The scheduled vehicle purchases for the Electric, Police, Fire, Facilities, Street and Water were made in FY 2012-13 at a total cost of $387,784. Parks and Recreation Fund - Revenues were budgeted to increase 1.3%, and expenditures were budgeted to increase 11.9%. Property tax revenue increased as budgeted by 2.2% over the prior year. Total revenues increased 2.7%. Expenditures increased $524,403 or 9.9% over the prior year which included the $263,000 payment to the City's General Fund. Without that payment, the increase was $261,403 or 5.3%, mostly in personnel services. Page 9 of 10 ~r, 1. Last year Parks transferred $349,000 to the City's reserve fund, this year $263,000 was paid into the General Fund by Parks. 2. The Parks and Recreation Fund transferred $350,000 to its Capital Projects Fund. Parks Capital Improvements Fund - The primary revenue for the Parks Capital Improvements Fund was the equipment replacement fee paid by Parks Operations and sale of assets. Capital outlay spending was $506,000. 1. Equipment maintenance equipment purchases were $206,000. 2. Capital improvement projects were $300,000. Ashland Youth Activities Levy Fund - The levy passed in 2003 and expired in 2008. It had been left active while prior year taxes were received. It was closed at the end of the FY 2012-13 and transferred to the Ashland Parks and Recreation. Unaudited, detailed balance sheets, revenues and expenditures reports, and fund statements are available for your review in the Administrative Services Department should you require any additional information. I i Page 10 of 10 j City of Ashland Summary of Cash and Investments Final Closing for 6/30/2013 Balance - Balance Change From Fund June 30, 2013 June 30, 2012 FY 2012 General Fund $ 3,165,063 $ 3,622,788 $ (457,725) Community Block Grant Fund 3,430 3,089 341 Reserve Fund 1,019,579 1,013,910 5,669 Street Fund 4,312,486 3,120,925 1,191,561 Airport Fund 113,143 70,401 42,742 Capital Improvements Fund 2,263,864 4,480,464 (2,216,600) Debt Service Fund 1,140,881 976,265 164,616 Water Fund 5,699,908 2,157,976 3,541,932 Wastewater Fund 1,984,279 2,238,087 (253,808) Electric Fund 1,730,137 1,334,285 395,852 Telecommunications Fund 318,092 425,173 (107,081) Central Services Fund 1,079,015 1,252,063 (173,048) Insurance Services Fund 1,082,517 1,048,820 33,697 Equipment Fund 3,576,512 2,507,151 1,069,361 Cemetery Trust Fund 873,640 858,124 15,516 $ 28,362,546 $ 25,109,520 $ 3,253,026 Packs & Recreation Agency Fund 2,413,619 2,826,907 (413,288) 2,413,619 2,826,907 (413,288) Total Cash Distribution $ 30,776,165 $ 27,936,426 $ 2,839,739 Manner of Investment - General Banking Accounts $ 206,494 $ 531,437 $ (324,943) Local Government Inv. Pool 30,569,671 27,404,990 3,164,681 City Investments - - Total Cash and Investments $ 30,776,165 $ 27,936,426 $ 2,839,739 Dollar Distribution Cash Balance Distribution Ceidrel Semms. Recreation d Recreation Funds Claim b, Insuraze and 0.6 Jutlgman Equo.nl Funds SM s, $9,441,907 $ M.No, 1% Tmat $974,946, 19% ,21% ~ 3% YS U 1R., d. _ UnazY9neE, 32,376JW.3% - 419.529,569,50 BY9MSS T%IB NelllErkCilMld O111HfleeelveE, ASSN rweite Funds GovameM) $4,139,959,13% $14,579,0% 31% 42% TOTTaunsm , i 0% M=1313FFSrYI RepsM1rhi QOVq Ae 1 9M2201J City of Ashland Statement of Revenues and Expenditures - City Wide Final closing for the twelfth month ended June 30, 2013 Flscal Year2013 Percent Fiscal Year 2012 Fiscal Year 2012 Year-To-Data Fiscal Year 2013 CollectedI Year-Talate End-of-Year Resource Summary Actuals Amended Expended Balance Actuals Actuate Revenues Taxes $ 19,998,715 $ 19,824,473 100.9% 5 174242 $ 19,388,666 $ 19,388,666 Umses and Penrgts 583,679 508,000 114.9% 75,679 1,340,102 1,340,102 Mtergovemmental Revenues 4,743,846 9,101,154 52.1% (4,357,308) 3,450,632 3,450,632 Chargesfw Services-Rate B Internal 39,181,461 38,862,743 100.8% 318,718 37,276,479 37,276,479 Charges for SanAces- Misc. Service fees 692,381 757,511 91.4% (65,130) 979,445 979,445 System Development Charges 538,560 303,000 177.7% 235,560 1,001,938 1,001,838 Fines and Forfeitures 196,535 155,000 126.8% 41,535 168,305 168,305 AsucarrnomPayments 41,048 10,000 410.5% 31,048 43,542 43,542 Interest on lnvesbnents 174,496 167,800 104.0% 6,696 211369 211,369 Miscellaneous Revenues 3,181,710 579,402 549.1% 2,602,308 1,187,120 1,187,120 Total Revenues 69,332,430 70,269,083 98.7% (936,652) 65,047,499 65,047.499 Budgetary Resources: Offm Fm ckV Sources 4,907,401 7,928,930 61.9% (3,021,529) 3,060,434 3,060,434 Inlerfund Loans 791,795 791,795 100.0% - 408,000 408,000 Transfers In 41l,786 - -406,635= = 1013W- 5,151 552,104 552,104 Total Budgetary Resources 6,110,982 9,127,360 67.0% (3,016,378) 4,020,538 4,020,538 Total Resources 75,443,412 79,396,443 95.0% (3,953,030) 69,068,038 69,068,038 Requirements by Classification Personal Services 24,488,516 26,183,408 93.5% 1,694,892 23,697544 23,697,544 Materials and Services 31,718,463 34,726,423 91.3% 3,007,960 28,670,127 28,670,127 Debt Service 4,885,465 5,098,979 95.8% 213,514 4,576,033 4,576,033 Total Operating Expenditures 61,092,444 66,008,810. 916% 4,916,366 56;943,704 56,943,704 Capital Conshuc8m _ Capital Outlay 8,590,776 18,670,548 46.0% 10,079,772 5,376,567 5,376,567 Mterl and Loans 791,795 791,795 100.0% - 408,000 408,000 Transfers Out +411,786._.._. 406,635-'- '4013%`° (5,151) 552,104 552,104 Contingencies 1,690,804 0.0% 1,690,804 Total Budgetary Requirements 1,203,581 2,889,234 41.7% 1,685,653 960,104 960,104 - Total Requirements 70,886,801 87,568,592 61.0% 16,681,791 63,280,375 63,280,375 Excess (Delideacy) of Resources over Requirements 4,556,611 (8,172,149) 15544% 12,728,760 5,787,662 5,787,662 Working Capital Carryover 29,410,020 25,238,267 145% 4,171,753 23,622,352 23,622,352 Unappropriated Ending Fund Balance $ 33,966,631 $ 17,066,118 199.0% $ 16,900,513 $ 29,410,020 S 29,d10,020 ixa.rrur~a~onndaowrm 2 nsaw City of Ashland Schedule of Budgetary Compliance Per Resolution #2012-15 As Amended Per Resolutions 2012-28, 2012-33, 201240, 2013-09 and 2013-24 i Final closing for the twelfth month ended June 30, 2013 j I Fiscal Year 2013 Year-To-Date Fiscal Year 2013 Percent Actuals Amended Used Balance General Fund Administration $ 306,625 $ 374,366 81.9% $ 67,741 Administration - Library 376,759 388,022 97.1% 11,263 Administration - Municipal Court 437,057 449,827 97.2% 12,770 Administrative Services - Social Services Grants 123,394 125,125 98.6% 1,731 Administrative Services - Economic & Cultural Grants 623,419 678,360 91.9% 54,941 Administrative Services - Miscellaneous 43,776 47,000 93.1% 3,224 Administrative Services - Band 55,594 58,500 95.0% 2,906 Police Department 5,876,126 6,068,066 96.8% 191,940 Fire and Rescue Department 5,804,808 6,042,575 96.1% 237,767 Public Works- Cemetery Division 282,274 341,793 82.6% 59,519 Community Development- Planning Division 1,160,288 1,259,536 92.1% 99,248 Community Development - Building Division 649,768 662,743 98.0% 12,975 Transfers 500 500 100.0% - Contingency - 229,804 0.0% 229,804 Total General Fund 15,740,388 16,726,217 94.1% 985,829 Community Development Block Grant Fund Personal Services 32,446 32,500 99.8% 54 Materials and Services 69,466 173,435 40.1% 103,969 Total Community Development Grant Fund 101,912 205,935 49.5% 104,023 Street Fund Public Works- Street Operations 2,951,935 5,943,110 49.7% 2,991,175 Public Works- Storm Water Operations 672,923 808,260 83.3% 135,337 Public Works- TransportationSDC's 83,061 275,911 30.1% 192,850 Public Works - Storm Water SDC's 160,372 198,750 80.7% 38,378 Debt - 50,000 0.0% 50,000 Contingency - 100,000 0.0% 100,000 Total Street Fund 3,868,291 7,376,031 52.4% 3,507,740 Airport Fund Materials and Services 72,540 83,950 86.4% 11,410 Debt Service 38,536 38,536 100.0% 0 Contingency - 5,000 0.0% 5,000 Total Airport Fund 111,076 127,486 87.1% 16,410 i 12M3 Fn 4Repot s amN.tl 3 &121!013 Schedule of Budgetary Compliance Per Resolution #2012-15 j As Amended Per Resolutions 2012-28, 2012-33, 2012-40, 2013-09 and 2013-24 Final closing for the twelfth month ended June 30, 2013 Fiscal Year 2013 Year-To-Date Fiscal Year 2013 Percent Actuals Amended Used Balance Capital Improvements Fund PublicWorks - Facilities 3,975,987 5,159,230 77.1% 1,183,243 Administrative Services- Open Space (Parks) 236,466 1,892,000 12.5% 1,655,534 Transfers 36,135 36,135 100.0% 0 Other Financing Uses (Interfund Loan) 208,000 208,000 100.0% - Contingency - 22,000 0.0% 22,000 Total Capital Improvements Fund 4,456,587 7,317,365 60.9% 2,860,778 Debt Service Fund Materials and Services 55,676 60,000 92.8% 4,324 Debt Service 2,659,975 2,795,241 95.2% 135,266 Total Debt Service Fund 2,715,651 2,855,241 95.1% 139,590 I Water Fund Electric - Conservation - 140,014 195,070 71.8% 55,056 Public Works - Forest Lands Management Division 2,460,085 3,737,989 65.8% 1,277,904 PublicWorks - WaterSupply 270,552 413,355 65.5% 142,803 PublicWorks - WaterTreatment 1,097,662 1,345,025 81.6% 247,363 PublicWorks - WaterDivision 2,404,199 2,631,189 91.4% 226,990 Public Works- ImprovementSDC's 32,137 330,250 9.7% 298,113 Public Works - Debt SDC's 115,648 123,193 93.9% 7,5451 Debt Service 379,343 399,943 94.8% 20,600 Other Financing Uses (Intedund Loan) 200,000 200,000 100.0% - Contingency 300,000 0.0% 300,000 Total Water Fund 7,099,639 9,676,014 73.4% 2,576,375 Wastewater Fund PublicWorks - WastewaterCollection 2,041,610 2,630,514 77.6% 588,904 Public Works- Wastewater Treatment 2,827,871 3,363,515 84.1% 535,644 Public Works- ReimbursementsSDC's - 7,500 0.0% 7,500 Public Works - Improvements SDC's 115,454 380,506 30.3% 265,052 Debt Service 1,639,100 1,667,772 98.3% 28,672 Contingency - 160,000 0.0% 160,000 Total Wastewater Fund 6,624,035 8,209,807 80.7% 1,585,772 Electric Fund Electric - Conservation Division 469,545 547,380 85.8% 77,835 Electric - Supply 6,091,977 7,736,300 78.7% 1,644,323 Electric - Distribution 5,980,019 6,402,580 93.4% 422,561, Electric - Transmission 866,385 971,773 89.2% 105,388 Debt Service 24,293 24,294 100.0% 1 Contingency 425,000 0.00/0 425,000 Total Electric Fund 13,432,219 16,107,327 83.4% 2,675,108 I 12.J M3 FA JRe Fl4aWVy . . 911=13 4 i Schedule of Budgetary Compliance Per Resolution #2012-15 As Amended Per Resolutions 2012-28, 2012-33, 2012-40, 2013-09 and 2013-24 Final closing for the twelfth month ended June 30, 2013 Fiscal Year 2013 Year-To-Date Fiscal Year 2013 Percent Actuals Amended Used Balance Telecommunications Fund IT - Internet Personal Services 575,775 629,045 91.5% 53,270 IT - Internet Materials & Services 851,943 907,817 93.8% 55,874 IT- Internet Capital Outlay 73,531 80,000 91.9% 6,469 Debt - To Debt Service Fund " 409,000 409,000 100.0% - Contingency 100,000 0.0% 100,000 Total - Telecommunications Fund 1,910,250 2,125,862 89.9% 215,612 Note: In Internet appropriation Central Services Fund Administration Department 1,288,745 1,505,343 85.6% 216,598 IT- Computer Services Division 896,008 1,158,973 77.3% 262,965 Administrative Services Department 1,874,269 1,908,779 98.2% 34,510 City Recorder 360,310 369,681 97.5% 9,371 Public Works - Administration and Engineering 1,440,649 1,614,715 89.2% 174,066 Intefund Loan 364,795 364,795 100.0% - Contingency - 99,000 0.0% 99,000 Total Central Services Fund 6,224,776 7,021,286 88.7% 796,510 Insurance Services Fund Personal Services 77,722 83,130 93.5% 5,408 Materials and Services 618,396 676,500 91.4% 58,104 Contingency - 150,000 0.0% 150,000 Total Insurance Services Fund 696,118 909,630 76.5% 213,512 Equipment Fund PublicWorks - Maintenance 1,001,756 1,063,965 94.29/6 62,209 Public Works - Purchasing and Acquisition 519,054 1,080,616 48.0% 561,562 Intefund Loan 19,000 19,000 100.0% - Contingency 50,000 0.0% 50,000 Total Equipment Fund 1,539,810 2,213,581 69.6% 673,771 Cemetery Trust Fund Transfers 4,826 20,000 24.1% 15,174 Total Cemetery Trust Fund 4,826 20,000 24.1% 15,174 I 1Z. Fv13 Fuvual Repro Fmd a®Vq 5 W1M13 Schedule of Budgetary Compliance Per Resolution #2012-15 As Amended Per Resolutions 2012-28, 2012-33, 2012-40, 2013-09 and 2013-24 Final closing for the twelfth month ended June 30, 2013 Fiscal Year 2013 Year-To-Date Fiscal Year 2013 Percent Actuals Amended Used Balance Parks and Recreation Fund Parks Division 3,855,745 3,956,910 97.4% 101,165 Recreation Division 1,184,861 1,239,780 95.6% 54,919 Golf Division 419,248 485,120 86.4% 65,872 Transfers 350,000 350,000 100.0% - Contingency 50,000 0.0% 50,000 Total Parks and Recreation Fund 5,809,855 6,081,810 95.5% 271,955 Youth Activities Levy Fund Materials and Services 20,325 - (20,325) Total Youth Activities Levy Fund 20,325 - (20,325) Parks Capital Improvement Fund Materials and Services 25,081 31,500 79.6% 6,419 Capital Outlay 505,963 563,500 89.8% 57,538 Total Parks Capital Improvement Fund 531,044 595,000 89.3% 63,956 Total Appropriations $ 70,886,801 $ 87,568,592 81.0% $ 16,681,791 91=13 Finadf RepalFN Udgilss 6 9'tUAt3 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance Final Closing for 613012013 Fiscal Year 2013 Percent Fiscal Year 2012 Fiscal Year 2012 Year-To-Dale Fiscal Year CollectedI Year-To-Date End-of-Year Actuals 2013Amended Expended Balance Actuate Actuals 110 General Fund Texas $ 12,278,716 $ 12,232,260 100.4% $ 46,456 $ 11,794,200 $ 11,794,200 Licenses and Permits 583,679 508,000 114.9% 75,679 1,340,102 1,340,102 Intergovernmental 571,513 930,103 61.4% (358,590) 608,483 608,483 Chargesfor Services 1,896,943 1,737,775 109.2% 159,168 1,488,570 1,488,570 Fines 196,535 155,000 126.8% 41,535 168,305 168,305 Interest on investments 22,045 20,000 110.2% 2,045 25,170 25,170 Miscellaneous 75,991 62,600 121.4% 13,391 218,879 _ 218,879 Transfer In (Cemetery Fund) 4,826 20,000 24.1% (15,174) 4,805 4,805 Total Revenues and Other Sources 15,630,249 15,665,738 99.8% (35,489) 15,648,514 15,648,514 Administration 306,625 374,366 81.9% 67,741 90,544 90,544 Administration - Library 376,759 388,022 97.1% 11,263 365,786 365,786 Administration - Municipal Court 437,057 449,827 97.2% 12,770 430,507 430,507 Finance- Social Services Grants 123,394 125,125 98.6% 1,731 121,004 121,004 Finance- Economic B Cultural Grants 623,419 678,360 91.9% 54,941 602,293 602,293 Finance - Misoelkmeous 43,776 47,000 93.1% 3,224 70,988 70,988 Finance -Band 55,594 58,500 95.0% - 2,906 51,357 51,357 Police Department 5,876,126 6,068,066 96.8% 191,940 5,645,100 5,645,100 Fire and Rescue Department 5,804,808 6,042,575 96.1% 237,767 5,444,097 5,444,097 Public Works - Cemetery Division 282,274 341,793 82.6% 59,519 337,724 337,724 Community Development- Planning Division 1,160,288 1,259,536 92.1% 99,248 1,172,050 1,172,050 Community Development - Building Division 649,768 662,743 98.0% 12,975 609,301 609,301 Transfers (Gemetery) 500 500 100.0% - 150,500 150,500 Conflngency 229,804 0.0% 229,804 - Total Expenditures andOther Uses 15,740,388 16,726217 94.1% 985,829 15,091,251 15,091,251 Excess(Delidency) of Revenues and Other Sources war Expenditures and Other Uses (110,139) (1,060,479) 89.6% 950,340 557,263 557,263 Fund Balance, Jul 1, 2012 3,495,819 2,624,349 133.2% 871,470 2,938,556 2,938,556 Fund Balance, Jun 30, 2013 $ 3,385,680 $ 1,563,870 216.5% $ 1,821,810 $ 3,495,819 $ 3,495,819 Reconciliation of Fund Balance: Restricted and Committed Funds 542,049 Unassigned Fund Balance $ 2,843,630 r.a.nure.rs,enracm,¢m 7 v,zmn City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance Final Closing for 6130/2013 Fiscal Year 2013 Percent Flscal Year2012 Flscal Year2012 Year-To-Date Fiscal Year Collected) Year-To-Date End-of-Year Acluals 2013Amended Expended Balance Actuals Actuals 250 Community Development Block Fund Intergovernmental $ 101,915 $ 171,511 59.4% $ (69,596) $ 203,945 $ 203,945 Total Revenues and Other Sources 101,915 171,511 59.4% (69,596) 203,945 203,945 Personal Services 32,446 32,500 99.8% 54 37,251 37,251 Materials and Services 69,466 173,435 40.1% 103,969 167,320 167,320 Total Expenditures and Other Uses 101,912 205,935 49.5% 104,023 204,571 204,571 Excess(Deficiency) of Revenues and Other Sources wer Expenditures and Other Uses 3 (34,424)_ 0.0% 34,427 (626) (626) Fund Balance, Jul 1, 2012 33,798 34,424 98.2% (626) 34,424 34,424 Fund Balance, Jun 30, 2013 $ 33,801 $ N/A $ 33.801 $ 33,798 $ 33,798 Reconciliation of Fund Balance: Rest icted and Committed Funds 33,801 Unassigned Fund Balance $ n.a„nnfrmwrmMCaym - 8 nvnv City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance Final Closing for 613012013 Fiscal Year 2013 Percent Fiscal Year 2012 Fiscal Year 2012 Year-To-Date Fiscal Year CollectedI Year-To-Dale End-of-Year Actuate 2013 Amended Expended Balance Acluals Actuals 255 Reserve Fund Interest on Investments $ 5,670 $ 6,000 94.5% $ (330) $ 5,408 $ 5,408 Transfer in (General Fund) - - WA - 150,000 150,000 Transfer In (Parks General Fund) WA 349,000 349,000 Total Revenues and Other Sources 5,670 6,000 94.5% - 504,408 504,408 Total Expenditures and Other Uses NIA Excess(Deficlency) of Revenues and Other Sources over Expenditures and Other Uses 5,670 6,000 94.5% (330) 504,408 504,408 Fund Balance, Jul 1, 2012 1,013,910 1,012,502 100.1% 1,408 509,502 509,502 Fund Balance, Jun 30, 2013 $ 1,019,580 $ 1,018,502 100.1% $ 1,078 $ 1,013,910 $ 1,013,910 Reconciliation of Fund Balance: Restricted and Conmitted Funds 1,019,580 Unassigned Fund Balance $ (0) I]. M FYO FIUrtlYW{aI FW C'®e.M 9 YILMt] City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance Final Closing for 613012013 Fiscal Year2013 Percent Fiscal Year2Dl2 Fiscal Year 2012 Year-To-Date Fiscal Year Collected) Year-ToDate End-of-Year Actuals 2013Amended Expended Balance Actuals Actuals 260 Street Fund Taxes $ 55,504 $ 50,000 111.0% $ 5,504 $ 53,314 $ 53,314 Intergovernmental 1,729,083 3,312,707 52.2% (1,583,624) 1,966,707 1,966,707 Charges far Services - Rates 1,897,438 1,983,000 95.7% (85,562) 1,696,310 1,896,310 Charges for Services - Misc. Service Fees 23,249 16,000 145.3% 7,249 17,719 17,719 System Development Charges 129,172 65,000 198.7% 64,172 381,738 381,738 Assessments 41,048 10,000 410.5% 31,048 43,542 43,542 Interest on Investments 16,283 12,000 135.7% 4,283 20,908 20,908 Mscellaneous 160,740 55,000 292.3% 105,740 13,376 13,376 Other Financing Sources 1,189,603 1,210,223 98.3% (20,620) Total Revenues and Other Sources 5,242,121 6,713,93D 78.1% (1,471,809) 4,393,614 4,393,614 Public Works-Sweet Operations 2,951,935 5,943,110 49.7% 2,991,175 2,788,840 2,788,840 Public Works- Stan Water Operations 672,923 808,260 83.3% 135,337 552,940 552,940 Public Works- Transportation SDC's 83,061 275,911 30.1% 192,850 119,923 119,923 Public Works- Storm Water SDC's 160,372 198,750 80.7% 38,378 17,602 17,602 Public Works- Local Improvement Disbicts - - WA - 107,317 107,317 Debt Service 50,000 0.0% 50,000 - Contingency 100,000 0.0% - 100,000 Total Expenditures and Other Uses 3,868,291 7,376,031 52.4% 3,507,740 3,586,622 3,586,622 Excess(Deliciency) of Revenues and Other Sources over Expenditures and Other Uses 1,373,830 (662,101) 307.5% 2,035,931 806,992 806,992 Fund Balance, Jul 1, 2012 3,043,292 2,332,094 130.5% 711,198 2,236,300 2,236,300 Fund Balance, Jun 30, 2013 $ 4,417,122 $ 1,669,993 264.5% $ 2,747,129 $ 3,043,292 $ 3,043,292 Reconciliation of Fund Balance: Restricted and Committed Funds 4,417,122 Unassigned Fund Balance $ (0) ar,rrnnsmarmrrmrem 10 nxnn City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance . Final Closing for 6/30/2013 Fiscal Year 2013 Percent Fiscal Year2012 Fiscal Year2012 Year-To-Date Fiscal Year Collected) Year-To-Dale End-of-Year Actuals 2013 Amended Expended Balance Actuals Actuals 280 Airport Fund Charges for Sendces - Rates $ 124,492 $ 130,000 95.8% $ (5,508) $ 112,506 $ 112,506 Interest on lnvesMenls 570 300 189.9% 270 392 392 Inledund Loan 19,000 19,000 100.0% Total Revenues and Other Sources 144,062. 149,300 96.504 (5,238) 112,898 112,898 Materials and Services 72,540 83,950 86.4% 11,410 50,734 50,734 Debt Service 38,536 38,536 100.0% 0 38,536 38,536 Contingency - 5,000 0.0% 5,000 - - Total Expenditures and Other Uses 111,076 127,486 87.1% 16,410 89,270 89,270 Excess(Deficiency) of Revenues and Other Sources over Expenditures and Other Uses 32,986 21,814 151.2% 11,172 23,628 23,628 Fund Balance, Jul 1, 2012 83,711 77,462 108.1°% 6,249 60,083 60,083 Fund Balance, Jun 30, 2013 $ 116,697 $ 99,276 117.5% $ 17,421 $ 83,711 $ 83,711 Reconciliation of Fund Balance: Resuicted and Committed Funds 116,698 Unassigned Fund Balance $ (1) a.anmrn~wrerracxuam 11 . namn City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance Final Closing for 613012013 Fiscal Year 2013 Percent Fiscal Year 2012 Fiscal Year 2012 Year-TO-Dale Fiscal Year CollectedI Year-To-Data End-of-Year Acluals 2013 Amended Expended Balance Actuals Actuals 410 Capital Improvements Fund Taxes $ 459,918 $ 443,000 103.8% $ 16,918 $ 426,757 $ 426,757 Intergovernmental 97,786 490,000 20.0% (392,214) 99,591 99,591 Charges for Services - Internal 928,627 930,000 99.9% (1,373) 928,627 928,627 Charges for Services - Msc. Service Fees 30,752 50,000 61.5% (19,248) 42,456 42,456 System Development Charges 48,059 22,000 218.5% 26,059 46,490 46,490 Interest on Investments 18,181 12,000 151.5% 6,181 23,917 23,917. Miscellaneous 12,682 1,000 1268.2% 11,682 1,301 1,301 Other Financing Sources 506,005 1,892,000 26.7% (1,385,995) 3,060,434 3,060,434 Total Revenues and Other Sources 2,102,009 3,840,000 54.7% (1,737,991) 4,629,573 4,629,573 Public Works - Faoliifies 3,975,987 5,159,230 77.1% 1,183,243 1,725,510 1,725,510 Administrative Services- Open Space (Parks) 236,466 1,892,000 . 12.5% 1,655,534 331,639 331,639 Transfers (Debt Service Fund) 36,135 36,135 100.0% 0 47,800 47,800 Intedund Loan (Equipment Fund) 208,000 208,000 100.0% - 208,000 208,000 Condngency 22,000 0.0% 22,000 - Total Expendituresand Other Uses 4,456,587 7,317,365 60.9% 2,838,778 2,312,949 2,312,949 Excess(Deficlency) of Revenues and Other Sources over Expenditures and Other Uses (2,354,578) (3,477,365) 32.3% 1,122,787 2,316,624 2,316,624 Fund Balance, Jul 1, 2012 4,449,285 4,023,003 110.6% -426,282 2,132,661 2.132,661 Fund Balance, Jun 30, 2013 $ 2,094,707 $ 545,638 383.9% S 1,549,069 $ 4,449,285 $ 4,449,285 Reconciliation of Fund Balance: Restricted and Committed Funds 1,960,852 Unassigned Fund Balance $ 133,855 u x~rrnrr~aagmmxu+am 12 .13 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance Final Closing for 613012013 Fiscal Year 2013 Percent Fiscal Year 2012 Fiscal Year 2012 Year-To-Date Fiscal Year Collectedl Year-To-Dale End-of-Year Actuals 2013Amended Expended Balance Actuals Actuals 530 Debt Services Taxes $ 867,848 $ 852,163 101.8% $ 15,685 $ 995,950 $ 995,950 Intergovernmental - 280,397 0.0% (280,397) - - ChargesforServices - Internal 1,154,300 1,153,878 100.0% 422 1,154,300 1,154,300 Charges for Services- Misc. Service Fees 74,172 74,511 99.5% (339) 74,512 .74,512 Interest on lrnes0nents 4,737 2,100 225.6% 2,637 5,847 5,847 Miscellaneous 309,782 29,302 1057.2% 280,480 29,302 29,302 Intedund loan 364,795 364,795 100.0% - - - Transfer ln(CIP) 36,135 36,135 100.0% (0) 47,800 47,800 Other Financing Sources 71,851 WA 71,851 - Total Revenues and Other Sources 2,883,619 2,793,281 1032% 90,338 2,307,711 2,307,711 Materials and Services 55,676 60,000 92.8% 4,324 - - Debt Service 2,659,975 2,795,241 95.2% 135,266 2,134,309 2,134,309 Total Expenditures and Other Uses 2,715,651 2,855,241 95.1% 139,590 2,134,309 2,134,309 Excess(Deficiency) of Revenues and Other Sources over Expenditures and Other Uses 167,968 (61,960) 371.1% 229,928 173,402 173,402 Fund Balance, Jul 1, 2012 982,650 1,011,586 97.1% (28,936) 809,248 809,248 Fund Balance, Jun 30, 2013 $ 1,150,618 $ 949,626 121.2% $ 200,992 $ 982,650 $ 982,650 Reconciliation of Fund Balance: Restricted and Commi0ed Funds 1,150,618 Unassigned Fund Balance $ v. m,mrrmmagmn.icnm,ym, 13 viveon City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance Final Closing for 613012013 Flscal Year2013 Percent Fiscal Year2012 Fiscal Year 2012 Year-To-Date Fiscal Year CollectedI Year-To-Date End-of-Year Actuate 2013Amended Expended Balance Actuate Actuate 670 Waterfund Taxes $ 38 $ 50 76.8% 3 (12) $ 52 $ 52 Intergovernmental 1,969,979 3,600,000 54.7% (1,630,021) 336,811 336,811 Charges for Services - Rates 5,490,711 5,147,000 106.7% 343,711 4,772,573 4,772,573 Charges for Services - Misc. Service Fees 56,849 22,000 258.4% 34,849 118,659 118,659 System Development Charges 266,196 150,000 177.5% 116,196 491,612 491,612 Interest on Investments 19,542 10,000 195.4% 9,542 - 16,598 16,598 Miscellaneous 477,199 25,000 1908.8% 452,199 9,318 9,318 Other Financing Sources 2,547,791 1,117,050 228.1% 1,430,741 Total Revenues and Other Sources 10,828,307 10,071,100 107.5% 757,207 5,745,623 5,745,623 Electric - Conservation 140,014 195,070 71.8% 55,056 145,716 145,716 Public Works-Forest Lands Management 2,460,085 3,737,989 65.8% 1,277,904 485,728 _ 485,728 Public Works-Water Supply 270,552 413,355 65.5% 142,803 414,463 414,463 Public Works - Water Treatment 1,097,662 1,345,025 81.6% 247,363 980,798 980,798 Public Works - Water Opembons 2,404,199 2,631,189 91 A% 226,990 .2,196,075 2,196,075 Public Works- Reimbursement SDC's - - NIA - 96,007 96,OD7 Public Works- Improvement SDC's 32,137 330,250 9.7% 298,113 45,273 45,273 Public Works- Debt Service SDCs 115,648 123,193 93.9% 7,545 124,860 124,860 Debt Service 379,343 399,943 94.8% 20,600 560,197 560,197 Other Financing Uses(Interlund Loan) 200,000 200,000 100.0% - 2DD,000 200,000 Contingency - 300,000 0.0% 300,000 Total Expenditures and Other Uses 7,099,639 9,676,014 73.4% 2,576,375 5,249,117 5,249,117 Fxcess(Deficiency) of Revenues and Other Sources over Expenditures and Other Uses 3,728,668 395,086 943.8% 3,333,582 496,506 496,506 Fund Balance, Jul 1, 2012 2,708,907 1,887,958 143.5% 820,949 2,212,401 2,212,401 Fund Balance, Jun 30, 2013 $ 6,437,575 $ 2,283,044 282.0% $ 4,154,531 $ 2,708,907 $ 2,708,907 Reconciliation of Fund Balance: Restricted and Caomitled Funds 4,787,358 Unassigned Fund Balance $ 1,650,217 l ix i+,rvnru.aasmmr~casysm 14 wmon City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance Final Closing for 6/3012013 Fiscal Year 2013 Percent Flscal Year2012 Fiscal Year 2012 Year-To-Dale Fiscal Year Collected) Year-To-Dale End-of-Year Actuate 2013 Amended Expended Balance Actuals Actuals 675 Wastewater Fund Taxes $ 1,839,673 $ 1,735,000 106.0% $ 104,673 $ 1,707,027 $ 1,707,027 Charges for Services - Rates 3,915,092 3,935,000 99.5% (19,908) 3,586,913 3,586,913 Charges for Services- Misc. Service Fees 13,250 12,000 110.4% 1,250 14,987 14,987 System Development Charges 95,132 66,000 140% 29,132 81,998 81,998 Interest on Investments 14,328 20,000 71.6% (5,672) 25,333 25,333 Miscellaneous 1,650,374 3,000 55012.5% 1,647,374 2,145 2,145 Other Financing Sources 592,151 2,309,657 25.6% (1,717,506) Total Revenues and Other Sources 8,120,000 8,080,657 100.5% 39,343 5,418,403 5,418,403 Public Works- Wastewater Collection 2,041,610 2,630,514 77.6% 588,904 1,683,265 1,683,265 Public Works- Wastewater Treatment 2,827,871 3,363,515 84.1% 535,644 2,353,373 2,353,373 Public Works- Rdmbursements SDCs - 7,500 0.0% 7,500 1,471 1,471 Public Works- Improvements SCGs 115,454 380,506 30.3% 265,052 193,724 193,724 Debt Service 1,639,100 1,667,772 98.3% 28,672 1,641,874 1,641,874 Contingency 160,000 0.0% 160,000 - Total ExpendiWres and Other Uses 6,624,035 8,209,807. 80.7% 1,585,772 5,873,707 5,873,707 Excess(Defidency) of Revenues and Other Sources over Expenditures and Other Uses 1,495,965 (129,150) 1258.3% 1,625,115 (455,304) (455,304) Fund Balance, Jul 1, 2012 2,794,809 2,365,009 118.2% 429,800 3,250,113 3,250,113 Fund Balance, Jun 30, 2013 $ 4,290,774 $ 2,235,859 191.9% $ 2,054,915 $ 2,794,809 $ 2,794,809 Reconciliation of Fund Balance: Restricted and Committed Funds 2,819,472 Unassigned Fund Balance $ 1,471,302 ix. nn rYirrmrcwnm~rwcmym15 anuau City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance Final Closing for613 012 01 3 Fiscal Year2013 Percent Fiscal Year2012 Fiscal Year 2012 ! Year-To-Date Fiscal Year CollectedI Year-TO-Date End-of-Year Actuals 2013Amended Expended Balance Actuals Actuals 690 Electric Fund Intergovernmental $ 148,642 $ 200,000 74.3% $ (51,358) $ 125,153 $ 125,153 Charges for Services - Rates 12,680,992 13,109,040 96.7% (428,048) 12,305,176 12,305,176 Charges for Services - Mm Service Fees 257,047 210,000 122.4% 47,047 222,804 222,804 Interest on lnvesbnents 10,536 15,000 70.2% (4,464) 11,957 11,957 Miscellaneous 244,442 180,000 135.8% 64,442 534,471 534,471 Other Financing Sources - 1,400,000 0.0% (1,400,000) - - Total Revenues and Other Sources 13,341,659 15,114,040 88.3% (1,772,381) 13,199,561 13,199,561 Electric- Conservation Division 469,545 547,380 85.8% 77,835 526,708 526,708 Electric - Supply 6,091,977 7,736,300 78.7% 1,644,323 5,934,651 5,934,651 Electric - Distribution 5,980,019 6,402,580 93.4% 422,561 5,919,450 5,919,450 Electric - Transmission 866,385 971,773 89.2% 105,388 852,382 852,382 Debt Service 24,293 24,294 100.0% 1 24,564 24,564 Contingency - 425,0011 0.0% 425,000 Total Expenditures and Other Uses 13,432,219 16,107,327 83.4% 2,675,108 13,257,755 13,257,755 Excess(Defidency) of Revenues and Other Sources over Expenditures and Other Uses (90,560) (993,287) 90.9% 902,727 (58,194) (58,194) Fund Balance, Jul 1, 2012 2,418,100 2,070,401 .116.8% 347,699 2,476,294 2,476,294 Fund Balance, Jun 30, 2013 $ 2,327,540 $ 1,077,114 216.1% $ 1,250,426 $ 2,418,100 $2.418 100 Reconciliation of Fund Balance: Restricted and Canmitled Funds Unassigned Fund Balance $ 2,327,540 a~rvnn.uwnrrrmce, 16 vivmn City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance Final Closing for 613012013 Fiscal Year 2013 Percent Fiscal Year 2012 Flscal Year2012 Year-To-Date Fiscal Year Collected) Year-TO-Date End-of-Year Actuate 2013Amended Expended Balance Actuals Acluals 691 Telecommunications Fund Charges for Services - Rates $ 1,896,106 $ 1,832,582 103.5% $ 63,524 $ 1,931,126 $ 1,931,126 Interest on Invesbnents 1,733 2,500 69.3% (767) 3,304 3,304 Miscellaneous 13,092 5,000 261.8% 8,092 1 1 Total Revenues and Other Sources 1,910,931 1,840,082 103.9% 70,849 1,934,431 1,934,431 Personal Services 575,775 629,045 91.5% 53,270 593,180 593,180 Materials 8 Services 851,943 907,817 93.8% 55,874 809,682 809,682 Capital Outlay 73,531 80,000 91.9% 6,469 53,542 53,542 Debt- Transfer to Debt Service Fund 409,000 409,000 100.0% - 409,000 409,000 Contingency - 100,000 0.0% 100,000 - Total Expenditures and Other Uses 1,910,250 2,125,862 69.9% 215,612 1,865,404 1,865,404 Excess(Deficiency) of Revenues and Other Sources over Expenditures and Other Uses 682 (285,780) -0.2% 286,462 69,027 69,027 Fund Balance, Jul 1, 2012 586,943 439,778 133.5% 147,165 517,916 517,916 Fund Balance, Jun 30, 2013 $ 587,625 $ 153,998 381.6% $ 433,627 $ 586,943 $ 586,943 Reconciliation of Fund Balance: Resbicted and Committed Funds Unassigned Fund Balance $ 587,625 11.NfV1]fYmcW FlglfYtl6Wtlv 17 .=3 i City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance - Final Closing for 613012013 Fiscal Year2013 Percent Flscal Year 2012 Fiscal Year2012 Year-TO-Dale Fiscal Year Collected) Year-To-Date Endo4Year Actuals 2013 Amended Expended Balance Actuals Actuals 710 Central Service Fund Taxes $ 62,793 $ 59,000 106.4% $ 3,793 $ 61,629 $ 61,629 Intergovernmental - 2,820 0.0% (2,820) - - ChargesforServices - Internal 5,748,800 5,613,200 102.4% 135,600 5,612,800 5,612,800 Charges for Services - Misc. Service Fees 163,828 298,000 55.0% (134,172) 403,772 403,772 Interest on Immstnents 11,121 5,000 222.4% 6,121 - 6,141 6,141 Miscellaneous 107,103 110,000 97.4% (2,897) 118,885 118,885 Total Revenues and Other Sources 6,093,646 6,088,020 100.1% 5,626 6,203,227 6,203,227 Administration Department 1,288,745 1,505,343 85.6% 216,598 1,215,501 1,215,501 IT- Computer Services Division 896,008 1,158,973 77.3% 262,965 1,087,264 1,087,264 Administrative Services Department 1,874,269 1,908,779 98.2% 34,510 1,702,733 1,702,733 City Recorder DNision 360,310 369,681 97.5% 9,371 319,864 319,864 Public Works- Administration and Engineering 1,440,649 1,614,715 89.2% 174,066 1,385,000 1,385,000 Intefund Loan 364,795 364,795 100.0% - - - Contingency - 99,000 0.0% 99,000 - - Total Expenditures and Other Uses 6,224,776 7,021,286 88.7% 796,510 5,710,362 5,710,362 Excess(Deficiency) at Revenues and Over Sources over Expenditures and Other Uses (131,130) (933,266) 85.9% 802,136 492,865 492,865 Fund Balance, Jul 1, 2012 984,411 965,774 101.9% 18,637 491,546 491,546 Fund Balance, Jun 30, 2013 $ 853,281 $ 32,508 2624.8% $ 820,773 $ 984,411 $ 984,411 Reconciliation of Fund Balance: Restricted and Committed Funds Unassigned Fund Balance $ 853,281 n..wnoro.maQnnaavym 18 - YIN01] City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance Final Closing for 613012013 Fiscal Year 2013 Percent Fiscal Year 2012 Fiscal Year 2012 Year-To-Date Fiscal Year Collected) Year-To-Dale End-of-Year Actuate 2013Amended Expended Balance Actuals Actuals 720 Insurance Service Fund Charges for services - Internal $ 742,548 $ 734,705 101.1% $ 7,843 $ 729,545 $ 729,545 Interest on Investments 5,116 5,000 102.3% 116 6,646 6,646 Miscelaneous 35,759 30,000 119.2% 5,759 194,645 194,645 Total Revenues and Other Sources 783,424 769,705 101.8% 13,719 930,836 930,836 Personal Services 77,722 83,130 93.5% 5,408 81,616 81,616 Materials and Servks 618,396 676,500 91.4% 58,104 693,611 693,611 Contingency - 150,000 0.0% 150,000 - - Total Expenditures and Other Uses 696,118 909,630 76.5% 213,512 775,227 775,227 Excess(Deficiency) of Revenues and Other Sources over Expenditures and Other Uses 87,306 (139,925) -62.4% 227,231 155,609 155,609 Fund Balance, Jul 1, 2012 761,552 617,493 1213% 144,059 605,943 605,943 Fund Balance, Jun 30, 2013 $ 848,858 $ - 477,568 177.7% $ 371,290 $ 761,552 $ 761,552 Reconciliation of Fund Balance: Restricted and Committed Funds 400,000 Unassigned Fund Balance $ 448,858 f! I ninon City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance Final Closing for 6130/2013 Flscal Year2013 Percent Fiscal Year 2012 Fiscal Year 2012 Year-To-Dale Fiscal Year CollectedI Year-To-Date End-of-Year Actuals 2013 Amended Expended Balance Actuate Actuate 730 Equipment Fund Intergovernmental $ 124,928 $ 113,616 110.0% $ 11,312 $ 76,825 $ 76,825 Charges for Services - Internal 1,760,874 1,698,563 103.7% 62,311 1,761,563 1,761,563 Charges for Services- Misc. Service Fees 73,235 75,000 97.6% (1,765) 84,536 84,536 Interest on Investments 23,675 25,000 94.7%. (1,325) 33,140 33,140 Miscellaneous 26,856 55,000 48.8% (28,144) 29,149 29,149 Other Financing Sources 408,000 408,000 100.0% - 408,000 408,000 Total Revenues and Other sources 2,417,568 2,375,179 101.8% 42,389 2,393,213 2,393,213 Public Works -Mahtenance 1,001,756 1,063,965 94.2% 62,209 972,839 972,839 Public Works- Purchasing and Acquisition 519,054 1,080,616 48.0% 561,562 799,438 799,438 Intedund Loan 19,000 19,000 100.0% - - - Contingency 50,000 0.0% 50,000 Total Expenditures and Other Uses 1,539,810 2,213,581 69.6% 673,771 1,772,277 1,772,277 Excess(Deficiency) of Revenues and Other - Sources ever Expenditures and Other Uses 877,758 161,598 543.2% 716,160 620,936 620,936 Fund Balance, Jul 1, 2012 2,479,905 2,372,415 104.5% 107,490 1,858,969 1,858,969 Fund Balance, Jun 30, 2013 $ 3,357,663 $ 2,534,013 132.5% $ 823,650 $ 2,479,905 $ 2,479,905 Reconclllation of Fund Balance: Restricted and Committed Funds Unassigned Fund Balance $ 3,357,663 n. a.,mr~womrmio>Rm 20 nvmix City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance Final Closing for 613012013 Fiscal Year2013 Percent Fiscal Year2012 Fiscal Year2012 Year-To-Date Fiscal Year CollectedI Year-To-Dale End-of-Year Acluals 2013Amended Expended Balance Actuate Acluals 810 Cemetery Fund Chargesfor Services $ 12,301 $ 25,000 49.2% $ (12,699) $ 28,035 $ 28,035 Intereslon Investments 4,826 20,000 24.1% (15,174) 5,911 5,911 Tansfer(General Fund) 500 500 100.0% 500 500 Total Revenues and Other Sources 17,628 45,500 38.7% (27,872) 34,446 34,446 Transfers 4,826 20,000 24.1% 15,174 4,805 4,805 Total Expenditures and Other Uses 4,826 20,000 24.1% 15,174 4,805 4,805 Excess(Delidency) of Revenues and Other Sources ever Expenditures and Other Uses 12,801 25,500 50.2% (12,699) . 29,641 29,641 Fund Balance, Jul 1, 2012 861,244 867,103 99.3% (5,859) 831,603 831,603 Fund Balance, Jun 30, 2013 $ 874,045 $ 892,603 97.9% $ (18,558) $ 861,244 $ 861,244 Reconciliation of Fund Balance: Restricted and Committed Funds 874,046 Unassigned Fund Balance E (0) I n.w,rvnrtiwam,nrnatmsm 21 .van City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance Final Closing for 613012013 Fiscal Year2013 Percent Flscal Year2012 Fiscal Year2012 Year-To-Date Fiscal Year Collected) Year-TaDate End-of-Year Actuals 2013 Amended Expended Balance Actuals Actuals 211 Parks and Recreation Fund Taxes $ 4,434,223 $ 4,445,000 99.8% $ (10,777) $ 4,339,310 $ 4,339,310 Intergovernmental - - NIA - 33,117 33,117 Charges for Services 835,600 805,000 103.8% 30,600 899,765 899,765 Interest on Investments 14,178 11,000 128.9% 3,178 18,329 18,329 Miscellaneous 46,736 23,500 198.9% 23,236 22,127 22,127 Other Financing Sources - Transfers 20,325 #DIV/01 20,325 Total Revenues and Other Sources 5,351,062 5,284,500 101.3% 66,562 5,312,648 5,312,648 Parks Division 3,855,745 3,956,910 97.4% 101,165 3,488,488 3,488,488 Recreation Division 1,184,861 1,239,780 95.6% 54,919 1,032,591 1,032,591 Goff Division 419,248 485,120 86.4% 65,872 414,373 414,373 Other Financing Uses - Transfers 350,000 350,000 100.0% - 349,000 349,000 Contingency 50.000 0.0% 50,000 Total Expenditures and Other Uses 5,809,855 6,081,810 95.5% 271,955 5,284,452 5,284,452 Excess(DeWency) of Revenues and Other Sources over Expenditures and Other Uses (458,794) (797,310) 42.5% 338,516 28,196 28,196 Fund Balance, Jul 1, 2012 2,242,227 2,087,749 107.4% 154,478 2,214,031 2,214.031 Fund Balance, Jun 30,2013 $ 1,783,434 $ 1,290,439 1382% $ 492,994 $ 2,242,227 $ 2,242,227 Reconcilla0on of Fund Balance: Restricted and Committed Funds Unassigned Fund Balance $ 1,783,434 a a.rrnrr..uarmr„aceegm 22 aramn City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance Final Closing for 613012013 Fiscal Year 2013 Percent Flscal Year2012 Fiscal Year 2012 Year-TO-Dale Fiscal Year CollectedI Year-Wate End-of-Year Acuals 2013 Amended Expended Balance Actuals Actuals 221 Youth Activities Levy Fund Taxes $ - $ 8,000 0.0% $ (8,000) $ 10,427 $ 10,427 Total Revenues and Other Sources - 8,000 0.0% (81000) 10,427 10,427 T2nsterout 20,325 NIA (20,325) - Total Expenditures and Other Uses 20,325 - NIA (20,325) - - - Excess(Deficlency) of Revenues and Other Sources over Expenditures and Other Uses (20,325) 8,000 -254.1% (28,325) 10,427 10,427 Fund Balance, Jul 1, 2012 20,325 (8,000) 354.1% (28,325) 9,898 9,898 Fund Balance, Jun 30, 2013 $ - $ 0.0% $ (56,650) $ 20,325 $ 20,325 Reconciliation of Fund Balance: Restricted and Committed Funds Unassigned Fund Balance $ n. a.nnnwaanraa+ym 23 ninon City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance Final Closing for 613012013 Fiscal Year 2013 Percent Fiscal Year 2012 Fiscal Year 2012 Year-To-Dale Fiscal Year Collected) Year-To-Date End-of-Year Actuals 2013 Amended Expended Balance Actuals Actuals 411 Parks Capital Improvement Fund Charges for Services $ 96,635 $ 28,000 345.1%- $ 68,635 $ 68,671 $ 68,671 Intergovernmental - #DIVIO! - Interest on Investments 1,955 1,900 102.9% 55 2,369 2,369 fv$scellaneous 20,954 - WA - 13,522 13,522 Transfer (Park fund) 350,000 350;000 100.0% - - - Total Revenues and Other Sources 469,544 379,900 123.6% 68,690 84,562 84,562 Materials and Services 25,081 31,500 WA 6,419 - - Capital Outlay 505,963 563,500 89.8% 57,538 68,296 68,296 Total Expenditures and Other Uses 531,044 595,000 89.3% 63,956 68,296 68,296 Excess(Deficiency) of Revenues and Other Sources over Expenditures and Other Uses (61,500) (215,100) 28.6% 153,600 15,266 16,266 Fund Balance, Jul 1, 2012 449,132 457,167 98.2% (8,035) 432,866. 432,866 Fund Balance, Jun 30, 2013 $ 387,632 $ 242,067 160.1% $ 145,565 $ 449,132 $ 449,132 Reconciliation of Fund Balance; Restricted and Committed Funds 100,000 Unassigned Fund Balance $ 287,632 rz.r.,nnitior~mr..icmym - 24 vivmn CITY OF ASHLAND Council Communication November 5, 2013, Business Meeting A Resolution Approving a Jackson County Order to Initiate Formation of a Library Service District FROM: Dave Kanner, city administrator, dave.kanner@ashland.or.us SUMMARY The Jackson County Board of Commissioners has agreed to the formation of the Jackson County Library Service District. Approval of the attached resolution would allow the City of Ashland to be included in this district. The County plans to place a measure on the May 2014 ballot asking the voters of each city included in the district to establish a permanent tax rate limit of $0.60 per $1,000 of assessed value for the district's operations. If the Council does not adopt this resolution, Ashland citizens will not be able to vote on that measure and Ashland will not be part of the district. BACKGROUND AND POLICY IMPLICATIONS: Jackson County faces significant budget challenges resulting primarily from the loss of federal timber money and an extremely low permanent tax rate that generates tax revenue at a pace that does not keep pace with the growth in demand for services. Because of this, Jackson County faces the prospect of discontinuing direct financial support for libraries. In order to provide such financial support, the Jackson County Board of Commissioners has initiated the formation of a special library district, an independent government agency with its own tax rate. The boundaries of the district would include all territory within Jackson County, except for incorporated cities that choose to not be part of the district. Normally, special district formation involves the circulation of a petition and gathering a certain number of signatures of registered voters before a district formation and funding measure can be referred to the ballot. At their October 1, 2013, work session, the Jackson County Commissioners agreed to formally initiate the formation of the Library District, for approval by vote at the May 2014 election. Because the Commissioners are forming the district, the petition is not required, but any city wishing to be included in the district needs to approve the Jackson County Order to Initiate. The attached resolution approves the Order to Initiate and includes the City of Ashland in the proposed district. If the Council does not adopt this resolution, Ashland citizens will not be able to vote on that measure and Ashland will not be part of the district. Approval of the formation of the district will be on the May of 2014 ballot, with a proposed permanent tax rate limit of no more than $0.60 per $1,000 of assessed value for properties in the district. FISCAL IMPLICATIONS: No fiscal impacts to the City of Ashland budget, however, if the ballot measure passes as proposed a permanent property tax of $0.60 per $1,000 of assessed value will be added to the general government Page I oft Pr, CITY OF ASHLAND tax rate paid by all property owners in the City of Ashland. That tax rate would add $90 per year to the tax bill of a home with a taxable assessed value of $250,000. STAFF RECOMMENDATION AND REQUESTED ACTION: None. SUGGESTED MOTION: I move to approve the resolution titled, "A resolution approving a Jackson County Order to initiate formation of a Jackson County Library special district and consenting to the inclusion of City Territory within the boundaries of the district." ATTACHMENTS: Resolution Proposed Jackson County Order Library District FAQs Page 2 of 2 i•, RESOLUTION NO. 2013- A RESOLUTION APPROVING A JACKSON COUNTY ORDER TO INITIATE FORMATION OF A JACKSON COUNTY LIBRARY SPECIAL DISTRICT AND CONSENTING TO THE INCLUSION OF CITY TERRITORY WITHIN THE BOUNDARIES OF THE DISTRICT RECITALS: A. The Jackson County, Oregon, Board of Commissioners intends to form a county library special district under the authority of Oregon Revised Statutes (ORS) 357.216 to 357.286. The name of the proposed special district is the Jackson County Library District (hereinafter "District"). The proposed District would have the powers identified in ORS 357.261 and 357.410, including the authority to equip and maintain public libraries and to fund library services, programs and activities for all county residents. B. The governing body of the District shall be a board of five members to be elected by the electors of the District as required by ORS 357.226, and the board members shall be elected at large by position number as allowed by ORS 357.241(1)(b). C. The Jackson County Board of Commissioners may initiate the formation of the District by adopting an order under authority of ORS 198.835. The Board proposes to include all county territory within the boundaries of the proposed District. D. Jackson County voters will be asked to establish a permanent property tax rate limit of $.60 per $1,000 for the District's operations as authorized by ORS 357.261(4) and 357.410(6). E. The territory of the City may only be included within the boundaries of the District if the City Council adopts a resolution approving the proposed County order initiating the formation of the Jackson County Library District. The proposed order is attached hereto. F. Current Jackson County library funding sources are not stable and formation of a library district will secure a permanent source of funding for library services, programs and activities to the citizens of Jackson County and the City. G. The City Council believes creation of a library district will benefit all City residents for the following reasons: • The existence and financial condition of a community library system reflect the social vitality and economic viability of the community, and a stable, vibrant library system encourages outside investment in the local economy; • Libraries help prepare our community's youth for effective learning and for lifelong success and achievement; and • Libraries provide critical services to senior citizens in our community by making continuing education available, offering opportunities to learn and use new technology and helping seniors socialize and stay connected to the community. Resolution No. 2012- Page 1 of 2 THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The City of Ashland, Oregon, hereby consents to the inclusion of all the territory of the City within the boundaries of the proposed Jackson County Library District, and approves the Jackson County Board of Commissioners' proposed order initiating the formation of that district in substantially the form attached hereto. 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 2013. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney 2- 110513 Library District. Res. doCXG:\legal\PAUL\FORMS\resolution for .wpd BEFORE THE BOARD OF COMMISSIONERS OF JACKSON COO UN Y FOR THE STATE OF OREGON IN THE MATTER OF INITIATING ) FORMATION OF A JACKSON COUNTY ) ORD - R NO. LIBRARY DISTRICT WHEREAS, like many counties in Oregon, Jackson County is facing significant budget constraints due to the loss of certain federal funding s~ ams; nd WHEREAS, Jackson County's primarry concern i provide mandated and basic services like health and safety. After piling enough mon y necessary for supporting such things as the Sheriffs office, community justice, the O istrict Attorney's office, and other high priority County government serviceslWekson County does not have enough money left to support its libraries; and WHEREAS, without direct financial support from Jackson County, Jackson County Library Services will be unable to continue provide library services in Jackson County; and WHEREAS, the Jackson County Board of Commissioners initiated a survey to determine voter support for ~thcllormafion of a library district; and WHEREAS, 1178~ s~urvey results indicate that a majority of Jackson County voters support the creatibbnn ooffa count~'ywide library special district and are willing to pay additional property taxes in support of library services, programs and activities; and 41 % WHEREAS, various Jackson County citizens have indicated support for the Board of Commissionerinitiating the formation ofa library district, with a permanent property tax rate limit, to assure that the library system in Jackson County will have stable funding to continue providing library services, programs and activities to the citizens of Jackson County; and WHEREAS, libraries are an important Jackson County asset and resource for the following reasons: PROPOSED ORDER INITIATING LIBRARY DISTRICT FORMATION - Page I of 3 • The existence and financial condition of a community library system reflect the social vitality and economic viability of the County, and a stable, vibrant library system encourages outside investment in the local economy; • Libraries help prepare our community's youth for effective learning and for lifelong success and achievement; and • Libraries provide critical services to senior citizens in our community by making continuing education available, offering opportunities to learn and use new technology and helping seniors socialize and stay connected to the community. Now, therefore, The Board of Commissioners of Jackson County (Board) O Z. Z I . The Board intends to initiate formation of a lib?arZsspeA357.286. erve Jackson County pursuant to Oregon Revised Statute (ORS) 357.2,16 t, h is the principal act governing the formation of a library special district; and 2. The name of the proposed special district ihe Jackson County Library District (hereinafter "District"); and 3. The boundaries of the Distric(shall include all terriitory within Jackson County, less the territory within any incorporated citt chooses not to be part of the District; [If any city opts out, the following language would beinserted into the final order- "The city or cities choosing not to be included within District territory are:alist."]; and 4. As required by ORS198.83s.5~p(~,3), certified copies of City Council Resolutions of each city approving this Initiation Order ail rmation of the District, and consenting to the inclusion of city territor~within the boundariesof the District, are attached; and 5. The District will have the general powers granted to library districts by ORS 357.216 to 357L~86 (th`fe "Principal Act") and the specific powers granted by ORS 357.261 and 357.410. he District w,,ill provide library services, programs and activities for all District residents as permitted by ORS 198.010(23) and the Principal Act; and 6. The governing body of the District shall be a board of five members to be elected by the electors of the District as required by ORS 357.226, and the board members shall be elected at large by osition number as allowed by ORS 357.241(1)(b); and 7. Jackson County voters will be asked to establish a permanent property tax rate limit of $.60 per $1,000 for the District's operations as authorized by ORS 357.261(4) and 357.410(6). The District will have authority to levy and collect general property taxes up to the approved rate limit to fund its operations. 8. Pursuant to ORS 198.800 and 198.835, a public hearing on the formation of the Jackson County Library District shall be held at the Board's regular meeting on February 12, 2014, [a tentative, flexible date] beginning at 9:30 a.m., in the auditorium of the Jackson County PROPOSED ORDER INITIATING LIBRARY DISTRICT FORMATION - Page 2 of 3 Courthouse, 10 S. Oakdale, Medford, Oregon 97501. All interested persons may appear and be heard. At this hearing, the Board will hear testimony and receive written comment on the proposed formation of this District, including information about county library programs, activities and services; economic feasibility; and the permanent tax rate limit. At the conclusion of the hearing, the Board shall determine, in accordance with criteria described in ORS 198.805 and 199.462, whether Jackson County could be benefited by the formation of the library district and whether the County should continue with the formation process. 9. Notice of the hearing shall be provided to interested persons in accordance with ORS 198.800(2) and 198.730. DATED this day of , 2011 JACKSON COUNTY BO` RRD,OF COMMISSIO ERS Don SkundrickTChair JohfllRachor, Comm'ioner Doug Breeidenthal, Commissioner APPROVED AS TO ORM: '4 County Counsel 9 PROPOSED ORDER INITIATING LIBRARY DISTRICT FORMATION - Page 3 of 3 Special Library District FAQs Q. What is a Special District? Think fire district and you have the idea. Like a fire district, a library special district has its own elected board, manager and citizen's budget committee. The special library district will include unincorporated areas of the county. City councils in the incorporated areas must consent before they can be included within the boundaries of the proposed district. If approved by their city, residents of the incorporated areas will have the opportunity to vote on the district measure. This is nothing new; there are over 20 special library districts in Oregon counties, which were funded through voter-approved tax rates. Q. Who will govern the Special Library District? Under Oregon Law, a special district is governed by a board elected at the time the district measure is passed. The County cannot be the governing body of a Special Library District. A special library board is entirely independent of governance by the County Board of Commissioners. Q. What will the district cost and what can we expect? The Board of Commissioners is recommending a funding rate that will give the district the ability to function and offers the new board and its citizens' budget committee enough for the future. The recommended rate of up to .60/$1,000 is a ceiling - not a floor. How much will be levied and what the service level will look like is to be determined by the library district board. The proposed rate would likely be enough to maintain or even enhance current services. The district board has the option of not levying the entire amount. It is important to note that County Commissioners and representatives can't guarantee an exact level of service because it will be determined by the District's elected officials and district boundaries. And, the rate will never be higher than this amount. Q. Can these funds approved by voters under this ballot measure be used for any other purpose? No, these funds are dedicated to library use and can only be used for library service within the district boundary. Q. Did the County run out of money to fund the library because they built new libraries? No. Similar to financing the building of a house, it doesn't finance the operation of it. The libraries would still be facing closure even if the new buildings had not been built. The library bond that voters approved in May 2000 could only be used to build, not to operate the libraries and furthermore, they cannot be used for anything other than a library until the year 2020. The economy has changed dramatically from 2000 and the county collects far fewer taxes and no longer receives federal timber receipt money. - Q. What happens if a city council votes to not participate? The citizens of the city will not be allowed to participate in the county-wide vote for the library district. They will have no say in how the funds are expended, nor will they have representation on the District's elected board. Further, the future of libraries outside the district will be uncertain as they will still be under the governance of the Jackson County Board of Commissioners and will compete with other county services and requirements for funding. Q. If my city opts not to participate in the district, will I be able to use other libraries in the county free of charge? We cannot assume that the district board will automatically allow non-resident use for free. Q. Is it true that the Library is closing; if so when? Based on the Budget Committee's decision this budget year, the satellite branch libraries in Jackson County are scheduled to close on June 30, 2014, if stable funding is not secured. Satellite branches include Applegate, Ashland, Butte Falls, Central Point, Eagle Point, Gold Hill, Jacksonville, Phoenix, Prospect, Rogue River, Ruch, Shady Cove, Talent and White City. If stable funding isn't secured by June 30, 2015 then the Medford Branch Library is scheduled to close. 10/16/2013 4:28 PM